Oh gutting remember that happened to me two weeks ago I posted it up on my thread - ah that stinks - I know exactly how you feel though!!!!

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Hi all! Just came across this case: Vincent Cunningham V Friends Provident Although it was dealing with a claim of misselling an endowment policy & The Limitation Act 1980: This is Money If you read through the case,I would conclude that the same arguments could potentially be used regarding bank charges and thus bring claims back further more than the 6 years because: 1.It was not only until this year when consumers found out about the unlawful charges and 2.Thus claims could potentially be claimed 6 years as from this year even if say they were charged account holders 20+ years ago! ABOVE

The difference is that a penalty charge is where an instiution is penalising yu for not conducting yourself in the manner that they want you to, this penalty can only be the amount that it costs the institution and no profit can be made. This is called a punative charge and therefore charging someone £38 for a computer to go beep and occasionally send a letter is way over and above actual cost. A phone call tarriff which is set out in a contract and agreed by both parties cannot be classed as unlawful as they are providing you with a service. Please have a read of the FAQs and case law, phone bills are not penalties but charges for servi

Damn so I have stil got two to four months till the hearing

Sorry worried mum, but in this case it isn't a penalty charge, it's just horribly expensive Not a lot either of you can do, except perhaps try and find another network that is cheaper abroad and possibly cancel the O2 contract if possible

Hi Kirstytwin + Leon3001, I think that I saw on another thread somewhere that if U keep transferring (...obviously spare) money between different current accounts it shows up on future credit scores as a larger amount coming into your accounts every month and so enables U to have a higher limit on CC's...if needed. Am not sure how much mileage there is in that? ...but whilst Nationwide haven't told U when/if they are closing your flexaccount yet, U might want to look into it further? Hope to have given U both something to think about that may be beneficial!

I don't think you are totally absolved Westy, but maybe this will help. There are three criteria for determining the eligibility for action under the HRA. The first is that it must be a public body [Government, Courts, local Councils and the Police being examples]- The second is that of "any person, certain of whose functions are functions of a public nature" HRA s.6 [3]. So when cras process data relating to the electoral rolls, or ccjs these are functions of a public nature. Indeed, they claim that they have " a legal duty" to perform certain tasks, which may also bring them within the remit of the Act. Furthermore they

See meagain’s quote on http://www.consumeractiongroup.co.uk/forum/legalities/50718-very-interesting-case-folks.html Looks like it’s six years from the date of discoverability. The implication of the Limitations Act is that if someone wrongs you, you have 6 years from the point you became aware of the wrong to rectify it. What the banks tell you is that means you can't claim back anything over 6 years (though they end up paying some of them out anyway, for fear of being made to go to court). What I think it actually means is that anything over 6 years is fair game, but you only have 6 years from now to get them back. The whole "6 y

Hi ive used the one reidnet had on his thread and put my circumstances and details in it. Its reid v lloyds 2 ppi insurance settled in full If your stuck i,ll paste a copy of my letter up for ya. I have asked the site owners if ppi can have its own templates etc.. but there looking for volunteers!!!

Sorry Lou, I misunderstood You only need the statements that have charges on them and I would have the whole of the EDM (dunno how long it is) witht he relevant bits enlarged and highlighted Hope this helps

Hi there is almost no chance that you will end up in court. continue with the claim they will settle before you see the inside of a court room.

It's all on this site, and yes, it is possible that some companies will be unreasonable and refuse to accept a reduced payment. But they can also do this with a DMP, so you're in the same boat either way. Why? They're still charging you. It's still unlawful. Each charge you get adds to the lump of debt sitting gloating redly at you in your account. Take a look at barracad's sticky about debt management; all the template letters are in there. You could print them out, get yourself some business cards and call yourself a Debt Management Agency with no problem - which is the point, I wouldn't be surprised if that's all most D

Hi Prince You should be ok to get a mortgage on this credit rating but it won't be with good interest rates. But as I have found the only way to improve your rating is with patience - not what you wanted to hear I know. My credit rating was the worst my financial advisor had ever seen (his words). However, after splitting with my ex I remortgaged paid the ex and all my debts off which left me with 1 debt of a mortgage. I applied and got a Capital One card which I had a limit of £200 but had to give them a deposit of £200. But this has shown I can use credit properly. I basically used it for petrol every month & then pai

if you have filed your claim, been acknowledged, filed you aq, (making sure you have added that cost to your total claim when you speak with dg), they've asked for a breakdown - i'd say you are about 1 week from then to a first (maybe full, but maybe 80% offer), if you haven't done so already - get your friend (whose claim you are doing) to write a quick letter, just saying xxxx has my authority to act on my behalf when dealing with claim #xxxxxxx : xxxxxx vx HSBC and have him sign and get it faxed over there pronto - that may be the one sticking point to you getting an offer. as for all that other letter stuff - not necessary - you are ne

Qmart You need to go to the sites Bank Template Library and start with 1. Subject Access Request Letter - List of charges. You then go through to number 2 and so on stage by stage. Okay.

The easiest is probably online, but the easiest isn't always the best. As more and more of these cases come about, the banks and courts are being pretty picky about what they deem to be adequate particulars. I would therefore recomend using the N1 form and filing it manually. If you have a read through some other peoples threads you will notice a lot of them filed through MCOL but are now backing up their claim with the N1 POC, myself included. The N1 form allows more space for the POC and therefore allows you to substantially lay out your claim in full. It would be best for you to open your own thread too, then you can post all

Qmart. You need to start your own thread and then you will get lots of help from other users of this site. You need to go into the home page and then into the forum for your particular bank and post a new thread. You start to reclaim your bank charges by sending your bank a SAR request. Go into 'archive' at the bottom of this page and then into 'bank templates'. You will find the SAR (Subject Access Request) letter there. Copy the letter and change it to include your own details. Send it to the bank with a cheque/postal order for £10. This is your first step. Make sure you send it by recorded delivery so they cant claim they have not

Hi and welcome to the site, Yes you can still claim on closed accounts. You've definately taken the first step into claiming back what's rightfully yours. Spend time reading the FAQ's and the Step by Step guide as this will stop you making mistakes along the way. Use the letters and spreadsheets in the Templates Library as these have all been tried and tested in successful claims. Read as many threads as you can especially ones that relate to your bank. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere. Don't be afraid to ask any questions, no matter how s

I would recommend that you read the Halifax forum and spend some time reading the other threads and learn more about what you are getting into. Halifax does not just automatically give money back - it can take a great deal longer than is indicated above. My claim was filed in October, a little more than 14 days have passed since they acknowledged. Once you have filed a claim, the defendant has 14 days from the date of service, which is not the day you file, but usually a few days later, to file an Acknowledgement of Service where they will indicate that they either agree with your claim and agree to pay, dispute your claim and

The opening poster stated that she was the person driving the car - any suggestion that someone should lie their way out of payment is totally against what this site stands for.

I have seen a few discussions on letters in my meanderings here, and a figure of £6.25 seems to have been the most widely agreed on. Well, I hate loose change, so I claimed £6.00 per letter. State how many letters you're claiming for. As I'm sure Bong will remind me - technically, you can't claim costs in the SCC., but I've done this myself, and got it back in my pre-court settlements. So it seems that they will pay up on the court steps, unless they want to argue about it inside - but they don't want to do that, do they ? Regarding the PO - I don't know what's on their claim form, but if it only offers you your quid back, I'd sen

babs, et.al. check this out:Hsbc Paid Me Back My Charges!!

Woah there Dixie! How come this is your first post and you've done the AQ already......? most of your questions are answered by reading the FAQ's.....you did do that I assume. Start off by giving us a bit more detail of your claim so far.....dates etc and it'll be easier for somone to help you. Babs x

well, I multiplied the interest rate on the statement by 12, but according to MBNA, that was wrong! too low!! I'd phone them mate, it's the easiest way!!

why is THE LAST PARAGRAPH of the juges order is FANTASTIC ?

Hi Either way is fine, but if the 2 accounts charges add up to over the £5k it is better to do them separately to keep the claim in small claims track and not fast track, where it all gets a bit complicated. Best of luck

Hi, Darren Try this Repayment of amounts charged by the defendant to the claimant for purported breaches of a contract to supply current account banking services in contravention of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law In the 'value' bit put: The Claimant claims: a) the return of the amounts debited in respect of charges in the sum of £XXXX and the interest charged thereon of £XXXX b) Court costs c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges from January 2001 to November 27 2006 of £X

Hi Kirsty This is really your choice, only you two can make it but personally they are offering you this as they know the majority of people will go the whole way, but every now and then they get away with only paying half. If you do accept the £400 it does not mean they will not close your account anyway as you do not accept the terms and conditions (which is what they say when they are closing the accounts!) £400 is a lot of money and it may be worth taking a look at the successful threads to give you a bit of a boost. After doing my MCOL i received a letter saying they intend to defend and was then paid out two weeks after this and i

Good luck John! You're doing a good job! Barty

Yep, you've guessed it.. checked my account today and BINGO... one down 2 more to go.... Off to send my donation, ring wifey and then to the cash machine..... Q.. how do i change the title of this thread to reflect taht i have now beaten the bank...

forgot to say that the credit card companies will also require schedule of charges. Again good luck Pls click my scales if i've been helpful because i am trying to be!!!