Hiya The one for N1 is in the Library, but to save you a bit of time, Ive copied it...(see below) PARTICULARS OF CLAIM 1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ] 2. During the period in which the Account [has been] [was] 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

There is nothing to stop you making a claim on this basis but I really wouldn't recommend it, particularly if you are planning to use contractual interest. The claim should be supported by a reasonably accurate calculation and the spreadsheet templates have been written to make this as easy as possible. Claiming charges back is a serious undertaking and making a court claim is even more serious. You need to be prepared to attend court and explain your methodology to a district judge. I don't think the approach you are suggesting would impress him/her.

Hi GWC, You are right mortgages are not covered by the CCA and thus there is no requirement to issue a default notice. Have you yet queried this with the CRAs? I'm not sure that you will get them removed completely as you were clearly in arrears at one point, but you should be able to get them to correct the error and have the date changed especially if you have the documentation to prove that you have paid all the arrears payments on time. Although be aware that once you have a payment arrangement in place a failure to make one payment can result in a default. Arrears Admin charges are unlawful and if these have been applied

Just called Cabot and it was so good having the upper hand. I sent my CCA to them at the end of Aug06 so the 30 default timer is now ticking. Mid Oct they will be unable to collect without first getting a court order. They have since called me to say they own an old bank of scotland debt and want payment. I explained to the very nice lady that I had sent a CCA in and that I do not acknowledge the debt until they provide the evidence. So was a little quite but said she would log that it was in dispute (no record of receiving the CCA - I told here that I and the Post Office do have a record so that is ok.) I then also read out th

What are the chances that the Halifax will close my account once I claim the charges back, has anyone had this happen on a normal bank account? And has anyone actually ended up GOING to court under these sort of conditions? Because I don't mind filing a claim with the court, but do not want to go to court (Just a silly fear). My main worry is that they will close the account and demand repayment of £1500 within 30 days, because I don't have the money to pay that! Has ANYONE had this happen to them? What are the chances? I've read through every thread I can, but there isn't much mention of it happening! Thank you all! Peacem

Hiya Im not sure on the closing of accounts, dont think this has happened to anyone yet. As for the court one, hardly anyone has been to court, I havent read if anyone has been (& I do some reading) I think you need some support here, Just hang on someone will be with you soon, Im pretty sure of that...

just send the LBA.. standard letter, i didn't bother with the ombudsman.. good luck

I am hopeful you will recieve your cash by Christmas.

Hello and welcome

contact details. http://www.consumeractiongroup.co.uk/forum/natwest-bank/714-natwest-contact.html

Excellent question Mollyhannah I think it sec 5 of the DPA places a limit on how long you have to make a claim for disputes arising out of a contract and this is six years. In this case the six years is measured i believe from when the dispute arises, so if the dispute arose today you would have six years from today to make your claim. So its forward looking presuming you recognise the dispute. The backward looking aspect of it arises because we never knew that we had money unlawfully taken from our accounts. The banks will try to point this out to you when you claim, you need to understand the Sec 32 arguments to combat

Yes you can. It might also be worth reminding the bank that the Banking Standards people have already advised banks not to take retaliatory action by closing accounts.

vaughan94 the claimable charges are the ones marked; O/DRAFT EXCESS FEE UNPAID S/O UNPAID D/D you can also claim if you incurred ACCOUNT CHARGE as a result of unlawful charges alone. you really must read the FAQs and get the spreadsheet and the standard letters. it is all relatively straightforward once you have done that.

You are in the same situation as many of us, one missed DD and a charge and then it spirals out of control - I used to just think, I am crap with money, this is my punishment. But since this site I now know better, yes I need to wise up a bit with my financail managment, and I am trying to actually so that - but also knowing that the banks are jsut taking the £30 for nothing - to me it is a computer automaticlly sending out and charging ypu. No letters even so how £30 is a figure! Good luck with your claim, Nationwide do seem to be good and quick with replying to stuff so it isn't dragged out forever!

I think they are good enough answers for you j

As I understand it (and I think/hope this concurs with Glenn's explanation) - the Limitations Act effectively starts a clock ticking from the time that you realised the offence had been committed (or "the time that you could have reasonably been expected to have realised"). You then have six years from that time to claim justice. However, the Act specifies that there are certain cases where that clock does not start ticking until much later, and deliberate concealment of the unlawfulness of the offence is one of these. In that case, the clock starts ticking from "the time that you could have reasonably been expected to have realised

Ok Mo as i said PM me your charges and i will work out the interest for you and post a copy of the spreadsheet to you. Dont panic you will be fine. LL :D

Ok i have already sent my request for charges back, I am claiming the RBOS un auth rate of 29.84%.I cant see why we cant charge them their rates they would and do do it to us Quote So far we have been suggesting to everyone that they claimed the 8% because there is no express provision in the contract for a contractual rate of interest. However it seems to me to be quite arguable that there is an implied term in the bank contract based on the principle of "mutuality" or "reciprocity" -- in other words what is sauce for the goose is also sauce for the gander. If this is correct then I think it is entirely reasonable to argue that

refuse to allow any or all of it to be offset. if oyu have a loan with them there is no reason to make you pay it all off now unless you have been defaulting on it. id write back that you intend to take this to court unless they will agree to pay you back by cheque upon which time you will investgegate the settlement figure for your loan sohould that be appropriate.

worth asking. You could inform them that if they wont supply a car you will be hiring one and adding it to the bill.

if they come off on the same day each month, then it could be they're Royalties charges and not reclaimable. If you have a royalties account, do you know how much this is per month? If so make sure you deduct that figure from each month as RBS are now in the habit of combining charges, eg... Charge to 10 October - £42 can be made up of: £28 (genuine charge) - Reclaimable £15 Royalties premier charge - Not reclaimable. Hope this helps j

Hi All Claiming compound contractual interest is based upon implied principle of "mutuality" and "reciprocity" in the contract. i.e if they can charge you interest for unauthorised borrowing you can also charge them interest. The theory goes that as the penalties levied on your account are unlawful barclaycard have borrowed money from you. You can therefore charge them interest from the date the charged was applied to your account. If you go down this route you CANNOT also claim the 8% under county court section 69. The level of interest you apply can be the level of interest they would apply to you for unauthorised borrowing Quote

Hiya, great to hear you're all set and organised now. If you don't hear from them, or you don't get a full settlement (which is likely) then it will be on to MCOL, at which time you can claim te 8% APR, so I wouldn't worry about hearing from them before MCOL mate!

if You go for a claim of £5400 it will not be heard in small claims. Claim say £4000 in one claim and the remained in a second claim. breaking the figure up and staying in the small claims

Send the LBA they have had enough time.

Hi you cant file until the 29th day. However please be aware that they if the do file a defence it will take precedence over your judgement. Hopefully they have forgot!! I would wait the morning to see if they have filed if not ask for judgement. If they do file here is the link for the AQ http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

hi there, will shorten you to robin or ill be here all dayLOL. yup sorry but i think you have to give them another 40 days, you could try and push your luck but if it ends up in court for non compliance ( and i thas on occasion) they will use it against you. id add something to the top of the SAR letter HERE like " further to my letter dated 4th july 2006, please note i have yet to receive any statements as requested." that will show that while you know you have to wait 40 days again, you now know the right words to use and have been doing your homework. they will still ignore you and try to fob you off with the microfiche argument but you wi

Hi Thomper, welcome to the family. Account closure, while not common, is always a possibility. You would be advised to open a "parachute Account", just in case. Click this link for parachute account info..... Please start your own threads in the appropriate forums and post any questions and progress reports there. Spend a few days reading the FAQs which will answer most of your questions. Good luck with your claim.

You're more than welcome Trish.

Hi Steve Here is the letter they sent me: It lists 3 points: 1. The claimants accounts are governed by the defendants personal and / or business banking terms and conditions. 2. Pursuant to the defendants terms and conditions the defendant is entitled to make a charge for its services as set out in the defendants price list. 3. It is denied that the fees charged for the services provided amount to a penalty or (if it alleged) a liquidated damages clause. It is denied the fees are an unfair contract term. The fees are an agreed price for a service provided by the claimant. Hope this makes sense to you cos it doesnt to me! Lol. Sa

HI Bargain Girl You are at this time in the Welcome section, here we greet you into the site and guide you over to the main section. the main site is not open to view the Welcome section. You will need to enter into the main section and start your thread regarding MFI under consumer issues. http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/ Hope this helps. BL

It definitely was!! Yes, make sure you do - you should send everything recorded delivery (it only costs a pound and you can claim it all back as part of your settlement!!). Also, please stick to your timetable!! You've said 14 days, so if you haven't had a full settlement offer in that time, on to the next stage! I tend to start the deadline on the day they received the letter as per Royal Mail's (RM) track and trace service (provided free with your receorded delivery label!) That's fine, just add what you've been cahrged since to the spreadsheet and change the total in your LBA letter to the new total.

Redsue Best of luck if theres anything i can do, just holler Glenn

Hi Dan What help are you looking for? You need to stick to the time frame when it comes to sending your letters and get everything in writing. If you use the phone you have no real record and they can dispute the conversation, it's content and outcome etc... Send your LBA as soon as possible recorded, then allow two days for them to have received it etc. Then give 14 days from that date for a response and if nothing is received then carry on with the court claim etc.... Should you require anything further then post again. Hope this helps and good luck - Boo

its another stalling tactic employed by them (you know the routine by now lol) so yes, they have 28 days extra but as they have no real defense that would stand up in court, you can expect a letter from DG asking for a breakdown of charges shortly (ANOTHER stalling tactic) but once this is done the only avenue they have to stall is a part offer or full settlement. might sound like a long time but it will all happen quite quickly. Their only alternative is that they decide the would like to go to court afterall and explain how an automated system costs £30 a go. I'll eat my hat if they willingly do that lol. it wont be long

Hi, Tedsbird, welcome to the family. Plenty of successes..... no worries. Click on this link for Lloyds Bank Forum. Click on this link for Lloyds/TSB successes. Good luck with your claim.

no-the principle still applies,whether it is £74.16 or £7416.They only want to appear confident because they want to convince you to drop it.Just have a look and see how many claims they have defended.I think you'll be persuaded!!

Have you been refused dislcosure of your personal data by the Abbey? The Information Commissioner has conducted an investigation and has decided that Abbey is breaching its statutory obligations. The Abbey microfiche system is a "relevant filing system". If you have been waiting longer than 40 days for disclosure or have been refused, send a 7 day Letter before action to Abbey requiring immediate disclosure failing which you will go to court without any further notice. Refer to the Information Commissioner's finding. Contact a moderator if you have any problem. If you have complained

For future reference, the SAR applies to the person so you only needed 2.

Ring MBNA to save time. Contact is Paul Miney on 01244 - 672628. Ring him and ask for your late payment fees plus the compound interest on that sum. He will offer you a "goodwill payment" first...decline. Ask for the total plus compound interest. He will work out what that is and ring you back with a figure eg my claim was £550 compound interest £590....therefore total claim was £1160. Paid up in 48 hours! BOS less helpful...fob you off with letters saying will reply in 4 weeks, then need more time 4 more weeks. Stick to your deadlines. Good luck!

Sent off the LBA seeing as though i've had no positive reply, also had a suprise in the post today, my credit card statements well before time this time, must have been that N1 that did the trick:D Total £500 from c/c so prelim off to them tommorow

Hi chilli The answer is YES start by reading the FAQ's and the step by step you will find that on the main page of the forums in RED. Spend a few days reading this and the forum for the HSBC and you will see how others have got on and how the bank has atempted to not give them back the charges:) When you ready start your own thread in the HSBC bank forum and ask all your questions in there and give everyone updated on how you are doing and please stick to one thread. You will find others with HSBC are in the same boat and will help/support you all the way:) Good luck Welly;)

If you follow the FAQ's and ignore other 'advice' then you won't go far wrong. The DPA is the only surefire way of getting the statements with minimum fuss.

You might think that this is a slap on the wrist but it is really intended as a message for everyone. Why have you put yourself into a position where you have threatened legal action and yet at the expiry of your deadline you come back here not knowing what to do and asking for advice and not knowing whether to carry out your threat or how to go about it if you do? The banks love this kind of thing. It is precisely this attitude and this approach which permits them to remove people's wristwatches and their wallets and the shirts off their back while looking you in the eye and then you the customer walk away saying thank you.

Reading your posts, I strongly advise you to spend a few days reading the FAQs and browsing through the posts. It is vital that you fully understand what you are doing if you want to win. Good luck.

Don't forget you can cancel a direct debit or two, to prevent getting charges. Then reinstate them the following month or so when your situation improves. The bank do not charge to cancel or commence them. And unless you cancel your mortgage payments, the company that that you cancel the d/d on, do not charge. Admitted you still owe them that months' payment, but yoy have avoided the swingeing bank charges. They won't have to wait too long to be repaid either if you claim all your charges back from the bank too.

Even though the Information Commissioner has ruled that Abbey's microfiche system is a "relevant filing system", it is possible that you will receive a letter saying that the statements you require are stored on microfiche. This may come with print-outs covering the last 12-14 months, but equally, they may send those separately. The letter may go on to say that they have passed your request on to their archive department - and they may also say that they have forwarded your £10 payment to cover the cost of supplying these statements. Be warned - this is a delaying tactic - and unless you give them a clear warning that you will not t