Shira V Lombard CC * settled ***

**Budgie** · 21st July 2008, 20:42:PM

Re: Shira V Lombard CC

Yes It's deffo worth taking them to Court for repayment of the Charges.

Whether it is worth all the work that would be required for the compound interest element of your claim is questionable.

Personally, in this claim, I would just file at Court for return of the charges plus statutory court interest and your Court fee.

It would only cost you £30 to file a claim of this size and they most certainly will pay up once you have taken them to Court.

Budgie

**WendyB** · 22nd July 2008, 09:45:AM

Re: Shira V Lombard CC

Hi Shira

Definitely worth filing at court I'd say. Send them their pathetic cheque back, as a rejection, or if you like keep it as a partial acceptance. Send another LBA letter rejecting/partially accepting (whatever) and chuck in this bit

The £12 mentioned in your letter has been set by the Office of Fair Trading as a figure that was deemed as fair and may or may not reflect any real loss. May I also direct your attention to paragraph 1.11 of the OFT report of April 2006 “Calculating fair default charges in credit card contracts” which states:-
“The setting of the threshold is a provisional practical measure to move the whole market towards compliance. We are not proposing that default fees should be equivalent to the threshold, and a court will certainly not consider that a default fee is fair just because it is below the threshold.”

It won't probably make any difference but at least they'll know you mean business. And then if this doesn't get the rest of your money, then file an N1.

I'm not sure what this lot are like for paying up, never had any dealings with them, but i would think they'll cough up quick enough once you file at court..

**Budgie** · 22nd July 2008, 11:01:AM

Re: Shira V Lombard CC

Hi Bev,

It doesnt appear from your claim summary that you have yet sent an official LBA to them.

If that is the case then I agree that a letter along the lines that Wendy has suggested would be the way to go.

If you have actually already sent an LBA then I wouldnt waste any more of your time sending additional letters to them.

Personally, I would just send them back their cheque and file a claim straight away for the charges plus statutory Court interest plus applicable court fees.

Am pretty sure they will pay up pronto.

Budgie

**Shira** · 29th July 2008, 19:56:PM

Re: Shira V Lombard CC

Ok, I've already sent them a LBA letter but before I go ahead, I added them in LB’s spreadsheet and its came slightly different from the old ones from the another site, which I asked them for 18% that has been turn down.

So you‘ve mentioned about the Compound Interest (CI)? & the 8% statutory interest, I will be grateful to explain how its works.

eg.... 18% on one sheet and another for 8% for the court and then added them together?
Many Thanks
Shira

**Budgie** · 29th July 2008, 22:57:PM

Re: Shira V Lombard CC

Hi Shira,

Please could you send me copies of the spreadsheets ( both versions ) you have prepared so I can check and see exactly what you have done. ( Remove any personal details please )

I think you have my email address, if you haven't then please let me know and I will PM it to you.

I will check your spreadsheets and come back to you asap.

Regards Budgie

**Budgie** · 31st July 2008, 16:43:PM

Re: Shira V Lombard CC

Hi Shira, I am working on this for you, will respond this evening.

**Budgie** · 31st July 2008, 18:00:PM

Re: Shira V Lombard CC

Hi Shira, thanks for email.

My views on the RUC spreadsheet are well known, the RUC spreadsheet does not calculate interest correctly.

I do wish to get embroiled in an argument over the RUC spreadsheet, on your thread, with any Ex RUC members who may be looking in so I won’t bother commenting further upon it here.

OK with respect to your claim against Lombard.

Your LBA states that you are claiming £150 charges plus £82.05 interest ( the interest was calculated using the RUC spreadsheet )

They have sent you a Cheque for £7.48 ( I am not sure whether you have returned this to them or not – I suggest that you return it to them )

You do not need to send Lombard another LBA even though you are now going to correct the figures.

You are not happy with the £7.48 so it’s time to file your claim at Court.

You have prepared two new spreadsheets ( using the LB spreadsheets ), your charges actually total £149.50.

A statutory interest spreadsheet which calculates the statutory interest due on you claim as £13.71 as at today’s date. With an ongoing daily rate of £0.03 per day.

A compound interest spreadsheet which calculates the compound interest due on your claim as £36.89 as at today’s date.

Personally I think it is worth spending the necessary £30 on filing a claim at Court for return of your charges plus statutory Court interest and applicable court fees. Am pretty sure they will pay up in full pretty soon after you file the claim.

I do not think it is worth all the extra work to enter a claim for compound interest instead of statutory court interest. The extra work involved in arguing for compound interest is just not worth the effort in this claim, well not for an extra £23.18.

You can only claim one type of interest or the other.
You cannot claim both types of interest.

I have emailed back your statutory interest spreadsheet, with the date changed to today’s date for you.

Let me know if you need any help with your N1 and especially your particulars of claim.

Regards Budgie

**Shira** · 31st July 2008, 19:45:PM

Re: Shira V Lombard CC

Thanks very much Budgie
Kind regards Shira

**Shira** · 1st August 2008, 14:53:PM

Re: Shira V Lombard CC

Thanks Budgie for checking out the NI for me,

but (heard you saying here we go again!!) Lol sorry

I am having problem fitting in the POC, there is little space to add them all in, any ideas? please

Thanks Shira x

**Budgie** · 1st August 2008, 22:55:PM

Re: Shira V Lombard CC

Hi Shira,

Thats quite normal.

Just add a note to the section on the N1 to say Particulars of claim attached and then attach the POC on a seperate sheet of paper.

Budgie

**Shira** · 25th August 2008, 13:45:PM

Re: Shira V Lombard CC

Updated

Letter of Notice Issue arrived & the Defendant has until 3rd Sept to reply.

**Shira** · 7th September 2008, 13:55:PM

Re: Shira V Lombard CC

Come back from holiday finding 2 letters from Lombard CC, one dated 28th Aug saying they will looking to it & will contact again within 10 days from L.Hyde. 2nd one from S.Wilson with a cheq of £162.00 (£155.52 plus 8% total £162.00) but without the court fee of £30. I know the defendant has until 3rd Sept to reply but haven't heard anything yet.

Should I send the cheq back to Lombard & ask for the court fee as well ?

Any advice please.
Thanks Shira

**Amethyst** · 8th September 2008, 12:09:PM

Re: Shira V Lombard CC

Hi Shira

Give Lombard a call now and say thanks for the settlement you appear to have forgotten the court fee can you send it on pls ta.

If they refuse mention the status of the claim (did you enter your claim online? if so check it out there or call the court)

Let us know what they say

oh also was just talking to Bud and he wasnt sure if the interest element was correct - Does that match the total from your spreadsheet?

xxx

**Shira** · 9th September 2008, 16:04:PM

Re: Shira V Lombard CC

Thanks for your reply Ame, It's £163.21 I asked for, only few bob short.

Anyway I received an acknowledgement of service to my claim from Cobbetts Solicitor, said they intend to defend all of this claim on the 8th Sept. Will give a call Lombard tomorrow about the court fee & will keep you all posted.

Thanks Shira x

Shira V Lombard CC * settled ***