Claiming back charges where do i start?!

[tyshamitdeb]

Blimey i cant remember now?! it has done it a few times Ah i just found one of them it was the 09/12/2003 the charge was £20.00 and it came out the interest was £5.3??? it might say different now because this was sunday i went through them all on the calculator

[Michael Browne]

As of today that's £5.33

[Michael Browne]

If you use the s/s as at Sun but dont file till next week the only difference will be that you'll lose 7-10 days at the daily rate which won'tamount to that much.

[tyshamitdeb]

Ok Thanks michael so if it does that again i take it that if say for example it says £8.7 does that mean it is £8.77???

[tyshamitdeb]

Now i have another problem! i was typing out all my charges on a spread sheet in microsoft works (i dont have a printer) my friend came round and showed me how to do this and file it as an attachment and she emailed it to her address but she said she might not be able to open it because at her work she does not have microsoft works she has word which i dont have! she said we might have to save the spread sheet in excel and send it to her and she might be able to open it that way (by the way we didnt type everything we just done a few lines to see if it would work) this morning she said no she couldnt open the file so i saved it in excel and she said she received it ive just been typing out the dates charge amounts etc and was going to leave the interest blank and do that next week i saved it in excel but just now when i went to open it it said that windows could not because it needs to know what it was done in it said something like that? how we going to do this? i need to get it emailed to her so she can print me it out! help?!

[tyshamitdeb]

Have now sussed out how to get the spread sheet sent to my friend for her to print out am hopefully going to get this sent off to the court this week

[Brendyn1]

Hello guys

 

I'm just about to send the LBA letter and as I read it through I found this section at the end of the letter.

 

"Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department."

I'm a bit confused who does this section apply for?

Does it apply for everybody or for those whose got a default notice against their credit record?

 

Thanks for your help

 

Anita

 

 

[tyshamitdeb]

Hi guys

 

An update im sending my court form and a cheque for the fee off next week thats when i get paid! did want to do it sooner but havent had the money but hopefully the ball will be rolling soon......

[tyshamitdeb]

Hi guys

 

Got a few questions how much is the court fee is it £120 if the amount you are claiming is over £1500?

 

lloyds paid me last month £135 as a "good will gesture" do i take that off the total amount? (including the 8%)

 

thank you

[Michael Browne]

Yes, fee is £120

lloyds paid me last month £135 as a "good will gesture" do i take that off the total amount? (including the 8%)

 

Enter it as a GOGW/part payment on the schedule as a -(minus) figure on the date it was credited

[tyshamitdeb]

Thank you michael

[tyshamitdeb]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

 

Can i use the particulars of claim in this link above as im stuck on this

 

 

Thank you

[GuidoT]

If you mean in lieu of MCOL of the hard copy N1 then yes N1 fine.

[tyshamitdeb]

Ive got an N1 form the court sent me in the post is that ok?

[GuidoT]

Better to complete the PDF version:

http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf

 

But if that present problems then complete the one the court sent in the post.

[tyshamitdeb]

Hi

 

What have i got to send with the N1 form at this stage do i send copies of bank statements or is that later?

[Michael Browne]

Just 3 copies of N1 + 3 copies of your schedule of charges + Court fee.

[tyshamitdeb]

Thanks michael my friend is going to print off my spreadsheet of the 8% interest have i got to also send this?

[Michael Browne]

my friend is going to print off my spreadsheet of the 8% interest have i got to also send this?

Yes that's what I meant by schedule of charges

[tyshamitdeb]

Ok great thank you

[tyshamitdeb]

Do i send the N1 to the court who sent me it (which is my local small claims court) or is there a main office it has to go to?

 

Im hoping to get this sent off over the weekend or monday but once the court receive it i take it they send me a confirmation they received it? and it says in the leaflet i have the court then send a copy of the claim form and a response pack to lloyds how long do lloyds have to respond?

[nicsussex]

Take it into your local court - you will probably find the court staff are very helpful.

[GuidoT]

Do i send the N1 to the court who sent me it (which is my local small claims court) or is there a main office it has to go to?

 

Im hoping to get this sent off over the weekend or monday but once the court receive it i take it they send me a confirmation they received it? and it says in the leaflet i have the court then send a copy of the claim form and a response pack to lloyds how long do lloyds have to respond?

 

It is best to ask the court to serve the papers on Lloyds. I sent a letter covering my claim form as below to the court:

 

'Please find attached 3 copies of a Claim Form and Particulars of Claim in respect of the above matter. Additionally attached is a cheque for £120 made payable to HMCS to cover the court fee for commencement of proceedings.

 

Please will you issue the Claim Form and serve it with the Particulars of Claim on the Defendant and return the Writer a sealed copy.'

 

Lloyds then have 14 days to file an Acknowledgement of Service from the date the claim form is deemed served, the court will tell you the specific dates in a Notice of Issue with a sealed copy of your N1 usually within a week of you filing at the court.

[tyshamitdeb]

Thank you GuidoT i shall do that

[tyshamitdeb]

Hi

 

Can someone tell me if these particulars of claim look ok? want to make sure its right before i send it off tomorrow

 

1. The claimant has an account xxxxxx with the defendant which was opended on or around october 1997

 

2.During the period in which the Account has been operating the Defendant debited numerous charges to the account in respect of purported breaches of contract on the part of the claimant and also charged interest on the charges once applied. The claimant understands that the defendant contends that the charges were debited in accordance with the terms of the contract between itself and the claimant.

 

3.A list of the charges applied is attached to these particulars of claim.

 

4.The claimant contends that:

 

a) The charges debited to the account are punitive in nature; are not a genuine pre-estimate of cost incurred by the defendant; exceed any alleged actual loss to the defendant in respect of any breaches of contract on the part of the claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the defendant which excercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the defendant to levy such charges is unenforceable by virtue of the unfair Terms in Consumer contracts Regulations (1999), The Unfair Contract Terms aCT (1977) and the common law.

 

5. Accordingly the Claimant Claims:

 

a)The return of the amounts debited in respect of charges in the sum of £xxxxx and any interest charged thereon;

 

b)Court costs:

 

c)Interest pursuant to section 69 county courts act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

6)Alternatively, if the charges are a fee for a service, then they must be reasonable under the s.15 of the supply of goods and services act (1982)

 

 

I believe that the contents of these particulars of claim are true.

 

 

Where it says in 5 a) how much i am claiming do i add the 8% interest or is it just the charges? and as lloyds have given me £135 do i take that off the total amount? so where as the total of charges was £1771 do i put £1636?

 

 

Thank you