muggins73 v shabbynat

[Glenn UK]

Re: muggins73 v shabbynat

LOL Amethyst have you read the Sempra judgement?

If you pay by mistake then compound interest is available to the court. As always the amount of interest is up to the court, but it definitely may be worth asking for.

There is of course a question over the rate to ask for, personally i would ask for the court to consider the banks own lending rates for consideration including their unauthorised rates.

The court could then determine of its own volition what rate to apply and whether to compound it.

Since it seems that if it got that far the court would be aware, and it could be raised, that the defendant was still applying such charges on a regular basis. In other words they were still acting unlawfully, i suspect the defendants behaviour would influence the courts decisions, only a thought though.

Glenn

PS see i said id try to drop by more often.

PPS yes i know some people think asking for compound interest is greedy, however, the banks compound all their interest and you have been forced to pay it out. If the court consider compounding the interest, don't worry about what rate you ask for they will only grant what they see fit. If you ask them to consider the banks own charging regime then maybe they will come up with something of a compromise and strip some of the banks profits away based on their unlawful gains. JMHO

[Amethyst]

Re: muggins73 v shabbynat

Aye I have an tbh it was a bit whooooosh. Havent had much of an opportunity to study it in depth - so note to self - make time to do that.

I don't think its greedy, just maybe in current climate overcomplicating issues....

[muggins73]

Re: muggins73 v shabbynat

Ok guys, so cutting to the chase with ref. to the POCs it is my understanding that you have suggested that I
(a) scrap point 9, so points 7 & 8 stay
(b) look into claiming CCI, is that correct?

To be honest I did look into claiming CCI with my Halifax claim but due to the fact that I was claiming beyond the 6 year limitation decided that I had a better chance of success by not over complicating matters further. At the time no one had actually received a payout using the compounded rate. So in light of this, I have to agree with Ame and have decided not to push my luck....just getting back what they've taken is ample enough for me.

I am concerned that if this claim is as clear cut as it first appears, as what abbey have done by taking our benefit money is illegal, then they have no basis to argue. However, if I add the CCI into the equation, surely it's this that they;ll fight against and could delay progress even further.

No one has mentioned my LBA. Any comments?

[Amethyst]

Re: muggins73 v shabbynat

I agree with you totally hun (sorry glenn lol)

Sorry for not commenting on your LBA - its bloody ace ! Good work hun.

[muggins73]

Re: muggins73 v shabbynat

Fab:cloud:

Will get it printed off this evening.
Fingers crossed they'll bow down and cough up without too much fussigs:

[muggins73]

Re: muggins73 v shabbynat

Must say a big sorry to tools. SSSSOOOORRRRYYYY!!!!

I have just found his sticky asking us to put amended templates in so that our threads don't become too bogged down.

Tried to respond within it, but it wouldn't let me...I'm obviously not important enough!!!!

[Amethyst]

Re: muggins73 v shabbynat

lol we'll shift it once your claims sorted hunny xxx don't worry

[muggins73]

Re: muggins73 v shabbynat

It's all good on here tonite, folks.

Have finalised my LBA and is ready for the off tommorrow morning by registered post.

So its now a matter of waiting.

[TUTTSI]

Re: muggins73 v shabbynat

and another claim bites the dust..
Well done
Dsxxx:o

[muggins73]

Re: muggins73 v shabbynat

Heard absolutely jack from abbey with regards to my LBA, so I contacted the complaints dept to check on the progress of my omplaints prior to filing a claim against them. I reminded the nice lady on the end of the line that although my complaint is asking for a refund of the charges imposed on my account it has nothing to do with the testcase as the money taken is derived from benefits and are inalienable. The lady advised me that they are aware of this fact but 'all complaints relating to charges have been put on hold until the end of January, and it is entirely up to me if I wish to commence court proceedings'.

I advised her that if I issued a court claim against them it will not be put on hold due to the nature of my claim, but wanted to refrain from incurring costs unnecessarily. She responded by stating that her hands were tied and that nothing could be done until the testcase was resolved.

I guess its onward and upward then folks...another claim is on its way.

[Tempty]

Re: muggins73 v shabbynat

Go for it hun, they may request a hearing to apply for a stay but at least it WILL have to go through a hearing. Your POC is ace btw, wish I had used one like that when I did mine.... I might have avoided all the difficulties I've had in just getting this far if I had... oh well we all learn as we go. If I can just get through the 23rd in one piece I think I will have finally cracked it.
Good luck with this one.... I'll be watching with interest

[TUTTSI]

Re: muggins73 v shabbynat

Hi M,
I think the whole thing is a sham! the Test Case that is...It is just an excuse not to deal with a legitimate claim.

I think your POC is well presented and covers this very well and I like Tempty wish that this info was available when I did my claim with Abbey.

Keep your pecker up sweetie.
Luv
Dsxxxx

[muggins73]

Re: muggins73 v shabbynat

Thanks for the words of encouragement ladies, but first things first.

Apparently, and to cut a long story short, abbey are in breach of the waiver set out by the FSA/OFT, due to their lame response to my LBA.

Therefore, and mainly due to the fact that we are soooo skint at the moment and can ill afford another court claim, I have issued a complaint with the FOS advising them of such.

It is being printed out as we speak and will be posted first thing tommorrow morning.

Is it worth giving abbey one more try, or simply let the FOS do their stuff?

[Tempty]

Re: muggins73 v shabbynat

hi muggins
I would personally let the FOS handle it! see if they answer you letter first. the longer shabby remain in breach the better it will look for you. I would give the FOS 7 days to reply to you then chase them up
just my opinion of course .... some one else might have another opinion on it

[iancognito]

Re: muggins73 v shabbynat

I'm with Tempty on this, if you read the waiver statement, it says case of hardship should continue to be dealt with by the banks, the banks complaints procedure says if you're not happy - go to the FOS, we have been quite slow in doing this and I have yet to see how the FOS respond to a charges claim in a hardship case so their reply will be interesting.

It is also worth noting that the banks 'official' way of dealing with hardship cases is to reduce payments of loans etc, for a brief period or to offer a consolidation loan for out of control overdrafts :rolleyes: not what I'd call a satisfactory resolution to a complaint.