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hargy001

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Everything posted by hargy001

  1. Yeah there is loads of info on the back, giving different ways to pay, addresses, web, phone etc and an explanation of the 28 day process cheers anyway
  2. I dont understand, what do you mean can I post the back of the PCN?
  3. Hi Folks, Received my money today (at last), seems they dragged it out for as long as possible after receiving my letter. Sent back my letter 22nd Jan 2007. 3 phonecalls later to SCM, (who by the way have an automated phone service dealing with bank charge reclaims before you even get to speak to anyone... I guess they must have had a lot of phonecalls!! LOL) Anyway checked my account and it was finally there. So thats it, the final chapter. I have just donated to this superb site so it can carry on the good work and I hope that it provides help to more and more people, who just like me would never have even attempted something like this until I found out about this site. Anyway good luck to everyone. Cheers
  4. Hi folks Sent the letter last weekend saying that I agree to settle and they would have got it Monday(I sent it special delivery). How long do they have before they put the money in the account? I thought it would be fairly quick so as I can tell the court that they have settled, but I have been checking my bank every day but still no money. I hope they arnt going to drag it out unnecessarilly Cheers
  5. Its amazing how quick lloyds will issue their charges and no matter how logical or obvious your argument is they will just charge first. This proves it is automated. The one that sent me over the edge was about a year ago I organised a holiday for me and some friends. I made the payment on my credit card and then the friends give me back the money (in the form of a cheque) which I put into my account. Now I waited 3 days for the cheque to clear, thent went onto my bank account website, and instructed the bank to make a payment to my credit card. Now in fairness I should have checked that the cheque hadnt yet cleared, (there must have been some more minutes that they can get extra interest from keeping it from me uncleared) anyway I didnt notice the difference between account balance and available balance. But this is the thing that really got me.. I had waited 3 days but it was not quite there, apparantly if you dont deposit a cheque early enough in the day then that day does not count in the clearing process, and then this bugged me even more, the ammount that I instructed them to pay was the exact same ammount as the cheque, so to me it seemed completely obvious that the funds were going to be there, it was just a couple of hours out of time. GGRRRRR!!!! needless to say they bounced the cheque and I went overdrawn!!! I could not believe they treated me like this, I tried to complain to them but whats the point. Anyway good luck with your claim.
  6. Got home tonight to a letter from SCM which starts with yet another "We are in the right and you are in the wrong, Blah Blah Blah type thing and we still defend our position" However after a full page of blowing their own trumpet and telling me how misconceived my claim is the next paragraph blew me away. As you have read, the Bank, together with other major banks, is presently discussing the legal basis for these charges with the office of fair trading. The bank considers it unhelpful to pre-empt the outcome of those discussions by requiring the court to adjudicate on a particular claim, especially because the legal and other costs involved can easily exceed the ammount in issue regardless of who "wins" at the end of the day. This is as true for you as it is for the bank. Accordingly, the bank is, without prejudice to the position set out above, willing to pay you the £XXXX,XX, plus accrued interest since issue of the claim of £XX,XX, plus the court fees of £220 in full and final settlement of this claim. It then goes on to list the conditions such as I much keep my account in credit or in the approved limits etc, and some other bull. But who cares as soon as I have my money, I am closing the account, so whatever they try to impose it completley immaterial. I can not believe it, I honestly thought that this would go all the way to the court day before settling, and they would drag it out as long and as difficult as possible. Its great, I will make a donation to this site as soon as the money is in my account. Many thanks for everyones help, you've been fantasic. Quick question though, Do I have to inform the court that a settlement has been reached. I do not have a court date or anything like that. The last thing I did was file my Allocation Questionaire at the court and now they've settled. Another reason that I ask is that the settlement is based on the terms of confidentiality between me, SCM and the back that I have to agree to. If I agree to this confidentiality then I'm worried that telling the court that they have settled then I will be in breach of the terms and will get nothing.
  7. Hi all I've just been reading some other threads on here, and I have noticed that some people are being advised to send a copy of their allocation questionaire back to lloyds tsb's solicitors as well as sending the completed form back to the court. Is this a really important thing to do or does it not matter too much, the reason that I ask this is that it did not mention it anywhere in the paperwork that I received with the AQ and I hadn't seen it mentioned before. I sent my AQ back to the court on 4th Jan 2007, but I have not sent a copy to lloyds tsb solicitors. What do you think; should I just sit and wait or should I send one now, I am wondering what the best thing to do is, as I have left it for a few days since I sent my AQ to the court. Also if I do need to send one to their solicitors what should I put in the covering letter? Cheers
  8. Well I've just filled in the allocation questionare, I will drive down and post it by hand tonight then I know that it has definately got there. Cant wait for this to be resolved as I have now paid out two fees, £120 for Moneyclaim and £100 for the court allocation questionare. I just pray now that they settle quickly and I get back this money as its not easy to find these fees when your already skint. Anyway fingers crossed and I will keep you all posted. Cheers
  9. cheers for your reply. Any advice on my house move, am I ok sending a covering letter to everyone or is there an administration fee to the court or something like that. I am just hoping that someone who has perhaps been in a similar position can help. Thanks
  10. I've just checked the status of my moneyclaim online file and it has changed from acknowledged to defence. it also says:- You are unable to take any further action online on this claim. The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly is this normal or should I worry? Its starting to get a bit scary now. Does this mean that I will get a court date now, also I have read that a lot of people get an allocation questionare which they have to pay for, is that the next stage for me. I'm a little confused. Also one last question. I am going to be moving house soon, will that cause problems or should I just send a letter to moneyclaim and the bank just stating my new address. Thank you in advance for your replies.
  11. Just recieved my acknowledgement through the post today. It has the banks solicitors address on it (Sechiari Clark & Mitchell, Brighton), so I will send them the schedule of charges and the covering letter as well, like you suggested. This should show them that I mean business. I will keep you posted. Cheers
  12. Well I've just checked the status of my Moneyclaim on line form and it has changed from started to acknowledged. They now have 28 days to reply, so lets see what happens. Cheers
  13. Cheers for that, Have posted them today. By the way your post made for interesting reading, congratulations on your win, hope I will be saying the same thing soon.
  14. Well I've submitted my moneyclaim on line case tonight. It cost £120 which I paid by mastercard. Glad its done now, I'm pretty confident that I have all the calculations right as I've checked & checked again. Quick question though, I have been reading some other cases etc., and for those people who have used the paper claim method rather than the online claim method, it suggests that they enclose 2 copies of their schedule of charges with their claim, however when I did my online claim tonight it did not give any option to do that. Is that normal or do I need to send my schedule of charges somewhere? however I have looked but I cant find anything. Also What happens next? do I get an acknowledgement from the bank or court? Cheers
  15. Just starting my thread, trying to claim £1507 + 213 interest. Already sent 3 letters, got all the usual responses, and now I'm at the Issuing a claim part. This site has been great so far, I will finalise my Moneyclaim details tonight and issue the claim tomorrow. Will post each development. Cheers
  16. Great stuff, many thanks for your speedy replies, I can carry on with my moneycalim online form now. At this stage its really getting down to the serious stuff now and its quite frightening. I really do not want to make any mistakes. This site is superb though for all the support and backup. Cheers again.
  17. Hello Everybody, I am trying to calculate my daily interest rate, I have looked all over the forum and there seem to be some different answers to this question, however the value 0.00022 is coming up a lot, but I am a bit unsure so I am hoping some kind sole could put my mind at ease as I am a bit uncertain about how to do it. My total charges are £1507.00 and according to the spreadsheet the 8% APR interest on this is £213.69 which gives me a total of £1720.69. Now to work out my daily rate, is it £1720.69 x 0.00022 or is it £1507.00 x 0.00022. Or is it neither and I need to be doing some other calculation, I just keep seeing the 0.00022 in a lot of posts but I'm not really sure why. Thanks in advance.
  18. Thanks for your reply, after reading it again I feel a bit silly now, I think I was reading too much into it, I didnt realise that it was actually telling me to remove the words in blue, I actually thought it meant do not add the interest calculation and the whole section about the interest in the particulars of claim. Sometimes things that are right in front of you are the hardest things to see !!! Thanks again, hopefully I wont ask any more silly questions
  19. Hello Everyone, I am at the stage of filling in my Moneyclaim on line form and I have been looking at the templates for how to complete the particulars of claim section and I am a bit puzzled about the interest part. The advice is as follows:- 1. The Claimant has an account 1234567 with the Defendant, opened May 2000 2. Since 01/02/03 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £XXXX; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court. Finally, the section in blue [enter interest total at date of claim] is for guidance only and should NOT be included in the text of your claim It is the final part that I do not understand, about the section in blue being for guidence only and not to be used in the text of my claim. Could someone please tell me what to do here, do I leave this bit out and add it at some later date or do I include it in the particulars of claim after working it out using the spreadsheets provided. Your help is much appreciated.
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