millymollymoo V goldfish

[bill-k]

Don't tempt me - I'm trying to be on good behaviour out here.

There'll be proof soon enough ! ;-)

[millymollymoo]

Proof?? When:D

 

Milly X:)

[bill-k]

When the gallant sir Grumpyguts wins the wager and claims the hand of the fair Millymollymaiden !!

 

Right - I'm up me tree for a lie-down - I've come over all flushed !!

[millymollymoo]

wager???? Now is there bets being placed

 

Odds on:D

 

MillyX:)

[bill-k]

My bet is that he'll state intent to defend, and string it out another 14 days, then settle in full.

If I'm right, I bagsy the G.M. kisses !!

Deal or no Deal ?

 

Sir Grumpyguts the Dragonslayer hath cast down the gauntlet !!

[millymollymoo]

:D

 

Milly X:D

[millymollymoo]

My bet is that he'll state intent to defend, and string it out another 14 days, then settle in full.

If I'm right, I bagsy the G.M. kisses !!

Deal or no Deal ?

 

Hello bill and tamadus.....we have a reply to my LBA .... kisses if he settles in full after my reply to this as he has 8 days left till deadline.

 

He has upped his offer: full charges + 8% stat and has stated this as his reason to not paying contractual rate:-

 

Please note: interest is calcualated at 8% from the date of the first charge, XXXX 2002:this is the maximum award of interest that acourt of law would offer in regards to your claim.

 

I am rejecting in full with this paragraph added to my origiinal rejection letter:

 

In reply to your suggestion that 8% interest you have calculated as being the maximum award of interest that a court of law would offer in my claim you are factually incorrect in your assumption, as being that contractual (compound) interest is mentioned in your terms and conditions, quote

‘ we calculate your interest based upon your average daily balance since your last statement date. We start charging interest from and including the date of each transaction and on all other amounts from and including the date they are added to the account. We add this interest to your account on the statement each month. We then charge the relevant standard rate of interest on the whole balance. This means that you pay interest on interest(‘compound’) until you make your minimum payment………….’ and the fact is that it is states in law that contractual interest applies and can be claimed if it is in the agreement between the claimant and defendant. Regarding the award of statutory 8% interest is that it applies in debt claims where the rate of interest was NOT set out in the contract in the first place and is therefore awarded for the defendants use of the the claimants money, which as you state compound (contractual) in the contract, then the contractual rate applies in my claim.

 

 

What do you think and please help amend the above if you believe I had waffled on a bit:)

Oh and he also keeps ignoring that I want settlement by cheque and keeps saying it will be paid into my account which is closed:mad:

Milly X:)

[bill-k]

Hello bill and tamadus.....we have a reply to my LBA .... kisses if he settles in full after my reply to this as he has 8 days left till deadline.

 

He has upped his offer: full charges + 8% stat and has stated this as his reason to not paying contractual rate:-

 

Please note: interest is calcualated at 8% from the date of the first charge, XXXX 2002:this is the maximum award of interest that acourt of law would offer in regards to your claim.

 

I am rejecting in full with this paragraph added to my origiinal rejection letter:

 

In reply to your suggestion - that the 8% interest you have calculated is as being the maximum award of interest that a court of law would offer in my claim - you are factually is incorrect. in your assumption, as being that Contractual (compound) interest is mentioned in your terms and conditions, quote

‘ we calculate your interest based upon your average daily balance since your last statement date. We start charging interest from and including the date of eachtransaction and on all other amounts from and including the date they are added to the account. We add this interest to your account on the statement each month. We then charge the relevant standard rate of interest on the whole balance. This means that you pay interest on interest(‘compound’) until you make your minimum payment………….’ and The fact is that it is states in law that contractual interest applies and can be claimed by either party to the contract if it is in the agreement between them. the claimant and defendant. Regarding The award of statutory 8% interest is that it applies in debt claims where the rate of interest was NOT set out in the any contract in the first place and is therefore awarded for the defendants use of the the claimants money, which . As you state compound (contractual) in the contract, then the contractual rate applies in my claim.

 

Please also be aware that I demand payment by cheque, and payment by any other method will not be considered as having been made at all.

I trust you will consider that further delay with this is neither cost-effective nor viable.

 

 

 

 

What do you think and please help amend the above if you believe I had waffled on a bit:)

 

 

Oh and he also keeps ignoring that I want settlement by cheque and keeps saying it will be paid into my account which is closed:mad:

 

 

Milly X:)

 

 

 

 

Just trying to earn my breakfast - I suggest pruning out the green stuff, and adding the red stuff, Milly. But pick 'n' mix as you wish - they're just my suggestions. But even as it stood, it got the point across.

 

HTH

[tamadus]

Both version look ok to me

 

go nail their ***** to the wall Milly

 

Sometimes I find it difficult to believe we place our financial trust in such arrogant people who dont even understand the law as it applies to them.

 

Just for their benefit I'll repeat an old cliche. IGNORANCE IS NO EXCUSE in the eyes of the law.

[bill-k]

You a betting man. Tam ? What's your bet when they'll fold ?

[tamadus]

not really but I reckon they will collapse about 10 minutes before a court hearing. Goldfish as we all know have an attention problem and they wont realise until that late that Milly means business.

[bill-k]

Looks like it might be like Fawlty Towers, that morning, then Milly. Every one a winner !!!

[millymollymoo]

Thanks bill and tamadus.

 

I am hoping he will cave before N1 time;) but am prepared to fight:D

 

Hes nearly there another £185 and its a deal!

 

Milly x:)

 

P.S thanks bill for the amendments!!!!!

[millymollymoo]

My Letter received Wed 24th at their office!! Roll on next Thursday as thats the day I am going to file:D allowing him a extra two post days ....being nice!!!

 

Milly X

[angry cat]

millymollymoo-

 

Don't be nice...just file your Claim!!

 

Love AC

[millymollymoo]

Its okay AC not really being nice that sthe earliest I can get to the court;)

 

Milly X:)

[millymollymoo]

HELP!!!!!!

 

 

right today have received their final response not budging on fullcharges + 8% stat.

 

This is part of their reply:

 

Having reviewed your correspondence, our final offer still stands and we will not be offering the compound interest rate on your default fees. I must reiterate that 8% is the highest interest award that a court would offer on the disputed amount. (wrong!!!)

 

Please be aware that the agrrement that acardholder signs gives Goldfish/Morgan Stanley the right (oh yeah!!!) to charge both simple and compound interest on amounts outstanding on the account. The agreement to these terms and conditions does not mean (so wheres it written then!!!) that the cardholder has a right to charge compound interest on any amounts that they feel are unjustly debited to the account;nor that these amounts should be reimbursed at the cash interest rate.

 

 

---------------------------------------------

 

So how about that then, inother words we can unlawfully take your cash, reinvest it and make tons of money and we may have held on to it for 6 years, but tough as we have NOT put an exclusion to you claiming your money back , cos we are not clever enough and we can say what we like and set the terms for USING YOUR MONEY.

 

 

What do you think about that and could you help with aresponse as I do not want to be rude .(feel like it though)

 

 

Milly x

[bill-k]

I think this might be Tam's territory here, Milly, but this makes me think it's time to send a CCA request for the agreement & T&C's that they are quoting from. Tam has been working very hard with Terminator for some time, and the CCA has been part of their discussions.

If they cannot comply with this, then they may wish they hadn't brought this up !! - Tam ?

[millymollymoo]

Morning bill:)

 

I agree, their current terms & conditions do not have this exclusion in them, however mine are the ones to rely on in court, if it gets that far, I cannot imagine that this was there. However they have to disclose their charges if it gets that far, cos I never accept any offer they have given not even in part.

 

 

Milly X

[natwesttookmymoney]

You know, sometimes, when you see a goldfish in a tank and it's trailing something underneath itself, something that seems to be coming from a hole just behind its lower middle fin?

 

I reckon that's what they're talking in that letter they sent you MillyMollyMoo. A load of cack.

 

Westy

[millymollymoo]

I like you westy:) I am gonna send for my CCA anyway to prove a point and I want a copy of the original!!! As bill says I think that they are dropping themselves in it Do you think its okay to go ahead and file at court as the 14 days are up today, before receiving the CCA request? Also shall I send a reply to the leeter received on my deadline today?

 

Milly X:)

[natwesttookmymoney]

Hi, Milly

 

Angry cat gave you rather a good answer to that one - don't be nice, file your claim!!

 

Don't get involved in pointless discussions with Goldfish; they will never agree with you; they won't offer what you're really entitled to; so to get it all back you'll have to take them to Court anyway. That being the case, why not do it today?

 

Best

 

Westy

[millymollymoo]

Thanks westy:) I am going to court on Thursday. In the N1 I am going to offer both higher rate which im claiming and then lower and 8% stat in alternative. I have requested CCA, so that will come in handy for court if I need it.

 

 

Milly X:)

[bill-k]

Looks good to me Milly. Nice to see Westy watching over you. Good guy - but don't get him (or me) talking about cars !!

 

You may not need it, but I believe the CCA request is worth a quid. They have 12 days to produce, then they are indefault of the CCA. Another 30 days, and they are in full (criminal, I believe) breach of the Act. If you're in court after that, then they are in trouble, methinks !! :o

[natwesttookmymoney]

Looks good to me Milly. Nice to see Westy watching over you. Good guy - but don't get him (or me) talking about cars !!

 

You may not need it, but I believe the CCA request is worth a quid. They have 12 days to produce, then they are indefault of the CCA. Another 30 days, and they are in full (criminal, I believe) breach of the Act. If you're in court after that, then they are in trouble, methinks !! :o

 

Correct on all counts, Bill! especially the criminal bit - I like that one, I like it a lot!!

 

I'll reply re the poor overpowered 1275GT (which finally blew up at Snetterton) soon.

 

W