Hi Guys, I've been having problems with a DCA calling up, and refusing to stop as it was really bothering me. On another forum, I found the following standard letter template (thanks to [edited: They may have pointed this site to you, but we certainly can not carry link to sites that sell consolidation loans, etc]*apologies from adridude* and markd for pointing this site out to me) Dear SIr/Madam, Ref. XXXXX Despite my letters regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue. This behaviour constitutes harassment; the letters s

CCA must be signed by them too! Unless someone with more experience comes and says i'm wrong, STOP paying and see where it goes, like I said it's still at stage 1 of collection process. Send them the statute barred letter (with dates), should they come back to you, then say they have no legal right to ressurect the debt, even given the payment/s that you were bullied (with legal threats) into making. You could also mention that you are making complaints to OFT/TS/POLICE. This is still only in the 1st stage of collection, come back for more advise or help should you need to. Good luck, Dave.

No all it is asking you is if you have a solicitor helping you, you tick NO as per the guidelines, theres no need to involve a solicitor at all. And again details on what may/may not need to add in section G are in the link posted above. Please have a read of the self help information. Thanks.

hi flapper try natwest step up account - takes 10 minutes online to apply and i don't know of anyone who's been refused yet!!

Just to Natwest bank at the address - you could address it to Stuart Higley but he'd probably shoot himself:o

Hi and welcome!, yes, you can quite succesfully apply the same logic to this as bank charges. Suggest you have a good long look around the site - particularly the FAQ's!: http://www.consumeractiongroup.co.uk/forum/faq.php and then post under the 'other institutions' area: http://www.consumeractiongroup.co.uk/forum/other-institutions/ with a heading like 'Pete Vs Clyde' so people can keep track of your progress click the scales to the left and tell me!

Agreed. W

i'm getting to grips with the details: the four things you will send back within 14 days of the letter from the court requesting them: a. your breakdown b. copies of your statements showing charges. (all zillion pages of them) c. see post 55 on this link:New strategy for Allocation Questionaires d.Basic Court Bundle i think you just copy it all and send it. here's hoping you get an offer without having to do all that copying - fingers crossed for a quick result!

Yes I phoned there legal department this morning asking when they were paying up they said within 5 days checked the bank 1hr later and the money was in might be worth a call for u the no is 08457253519 option 2 just ask what they intend doing.

Hi catiekitten, The best advise I can give you is to get back in touch with the manager and inform him he has 7 days to rectify the problem to your satisfaction or you will either return the topbox and want a refund for its value(get a quote from another supplier) or you will be contacting your local trading standards office with a complaint of goods faulty/unfit for their original purpose. You could also contact Aprilia with your concerns as to whether they see this retailer to be deemed an appropriate stockist of their product with the shoddy service you have received Aprilia.com Hope this helps you in some way Jules

Hi acka and welcome to CAG The best place to start is by following this link http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ Read the FAQ`s carefully and digest the information .It is better to be up to speed with the current situation before rushing in and making a mistake . If you have any urgent questions you need answering you can always head to the live chat room http://www.consumeractiongroup.co.uk/forum/chat/flashchat.php Also please start a new thread in the bank relating to your claim which can be found here http://www.consumeractiongroup.co.uk/forum/bank-action-group-against/ Go

Hi Andys Mum , I can see no problem you acting as litigant for Andy as long as you get him to sign a letter authourising you to do so . Also send a copy of this letter to the courts and to Abbey . The cases are generally allocated locally and you should request that it be dealt with (if you submitted the claim by MCOL) at your local county court. If the courts need the extra info you sent the Abbey they should ask you for it but there is no harm in sending the courts it anyway with a covering letter explaining that this is a copy of the info requested by Abbey. Please start a new thread in the Abbey forum if you have not don

Your Current Mortgage Balance:£53,000 Interest Rate: 6.75% Repayment Type: Interest Only £53,000 / 100 = 530 530 x 6.75 = £3,577.50 So over 12 months you £3,577.50 £3,577.50 / 12 = £298.12 Monthly Repaymet = £298.12 New Mortgage Balance: £53,000 Interest Rate: 7% £53,000 / 100 = 530 530 x 7 = £3,710.00 So over 12 months you will pay £3,710.00 (£132.50) more per year £3710.00 / 12 = £309.16 New Monthly Payment = £309.16 £309.16 - £298.12 = £11.04 extra per month Balance:£53,000 Interest Rate: 4.99% Repayment Type: Interest Only £53,000 / 100 = 530 530 x 4.99 £2,644.70 So over 12 m

Hi Irishjohn, I find the fee for DVLA to be wholly disproportionate to the actual cost. They either subscribe to DVLA or they have paid for the request, the ammount that DVLA charge for this service I believe to only be £2.50. per request should they show reasonable cause for the request. I would challenge them in relation to their costs and send them a S.A.R - (Subject Access Request) asking for all breakdowns of costs.

Hi tracyd, It makes no difference if the account is paid off in full, in fact it's probably a benefit! It means that your not at risk of them insisting repayment of the balance, or closing the account (though i don't think they make a habit of this). My account with them is still open, and the balance stands at zero. I will be demanding a cheque for repayment, not account credit. As for the default removal, i am currently in the process of asking for this on my current account. I believe there are several arguments to get these removed, my perspective is in my HSBC thread (see sig). I think the only sure fire way is if the balance a

Just phoned Cap 1 and they said its 22.5%. Checked on Mindzai spreadsheet and it does work out at 22.54% so I shall use that then! Charges £354.00 so total with CCI is £766.62. Revised LBA in post tomorrow. Thanks peeps

Excellent thread, some good methods there - i think i may try something out of your book ages have passed since i started my quest for righteousness..................... WELL DONE !

I got the last word, but they got the last dig... The cheque only went into the post this morning!! Ah well, I've waited this long, 2 days won't matter too much!

yep send it to him or sandy watt. i did everything thru (and again) thru email to tommy.mclean@rbs.co.uk

Hi, Ladybird No shouting at all - I think you have a point. Have a look at my thread entitled 'Help! Vampiress' (get it by clicking on my name to the left of the box, follow through to 'all threads started by this member' and you'll find it there). SOme of your questions will be answered therein. What I did was copy Vampiress' format onto an Excel spreadsheet. Works very well for me. Let me know if you want any help. W

i was at the same stage as you on tuesday, could make a claim on line but phoned them up and asked them if they would settle in full, to save them the interest, they agreed, signed the form yesterday, should be in my account next week(£3400) it worth a try!

It may be wise when you contact Lloyds with your preliminary letter to let them know that you have experience of claiming in these cases. And whilst it is the banks perogative to defend any action bought against it you are aware that as to date they have not appeared at any hearings to defend their penalty charge regime. As such to settle with you at an earlier stage would save them having to pay interest and court fees on your claim..... or words to that effect. Alternatively if your not in a hurry follow the standard process. I know there are some very interesting draft orders around at present which you could submit as a

This is not correct. The HL did not overturn the COA judgement. It dealt with the HRA issue and decided this in Wilson's favour The coa queried a point of law that persuade the house of lords to chance it's mind,any thing else is mere semantics. Peter

The report this week was about exit fees and not Early Redemption Penalties, 2 different things... You need to read up on how people are getting on in the mortgage forum.. My advice would be to tread very very carefully with an ERC. The banks are challenging these in court and we have lost a couple over the past few weeks.

Hi all, Thanks again for all the support. As far as an appeal goes I'm still looking at my options. Please don't let my setback put anyone off starting or finishing their claim process against the banks. I have already had 3 successess so far & I have another 4 claims with court dates. As I said before the lesson to learn is to make sure you send a CPR Part 18 Request to the bank asking them to show their actual costs & when they refuse follow that up with a application to the court for an order demanding they do so. Stating they have refused you Part 18 request & the information you requested is vital to your claim

now is the time to take a look at a post i wrote to honeygie awhile back - it clarifies (i hope) all that. take a look, it's post number 9 on her thread. get back if you don't get something.HONEYGIE sees you HSBC! (1

Hi, Puddock I've looked through your various threads and can't see anything to give any idea of why the judge would have done this. Maybe he was grumpy but it's more likely there was something wrong with your presentation. Did you, as GaryH asked, send in your bundle on time? What was your argument for claiming 20 per cent (it seems an odd rate - neither the authorised nor the unauthorised)? What did your PoCs say? We'd like to help - it will help us to help you if you stick to one thread, so's all submissions will be in the same place. Look forward to seeing more details Westy

Hey....You are doing well..... As the DCA's are defaulting on the CCA requests, try and be patient and let them dig thier holes. Various letters will come and threaten court action etc, but remember the jigsaw and you will understand that they can't. No doubt, you will get concerned regarding thier content so please post if you are worried and concentrate on life and wee Ben....Hows he doing BTW? Also have a read of tbern's thread about cabot and check your credit file for kingshill's possible involvement? It's really good to see you are also making good contributions and offering your own advice....Keep up the good wor

Net. have you done SAR to reclaim your charges? The best way of having a default removed is to do it at the same time as you claim back your charges. If you include this in your POC, then they are more likely to remove it and pay up to avoid going to court.

I'm pretty sure they need to submit a bundle. In the same boat as you, going up against Lloyds and surprise, surprise deadline for them to submit their bundle was yesterday... and nothings arrived. It's an indication that they won't turn up. Not too botherred as mine are submitted, it's just a case of playing the waiting game (as is the norm with Lloyds cases).... then off goes my nice little letter to the judge after this is settled.

Hiya all The Daily mail ran a piece today wed 31.01.07 about how the banks are stalling and it actually quoted this site and the which site too as helpful and full of info for us all. However,a good point i picked up was that the Banks are now saying we as consumers are not asking the correct questions and not asking for the correct information. So Please to all, ensure you are using the templates correctly and not just tweaking the letter for how you see fit, as the banks are going to reject or just send certain info as they can get away which then causes more time and delay. This is especially as some banks are trying to say that stat

Cabot acting for Argos Card Services and also CL Finance working for GE have both defaulted on CCA requests as of 24th Jan. Sending an SAR tomorrow to Abbey to start reclaiming charges from them, so ill start a thread in the abbey forum about that, fingers crossed they dont take forever to provide statements.....

Many Thanks Looby Time to file allocation questionnaire is up tomorrow. I don't know if NatWest has already filed theirs. They didn't send me a copy, but I didn't send them one either when I put mine in, so fair game I could phone the court but haven't plucked up the courage. I guess I don't want to know really. I will just wait and see what arrives in the post next week when the judge has had a look at the file and made up his mind ref track allocation. Oh joy. I still have not had a complete reply to my SAR or any other relevant documents from Nat West either. Everything has gone silent. They appear to have stopped corresponding. Not

Just sit back and wait.They will defend ,then you will get a letter from court advising of a transfer of proceedings to your local court.The AQ to fill in and a copy of the banks defence. If I have helped please click the scales bottom right;)

Hi Lisaboots. Yes you can reclaim any and all penalty charges as they are unlawful. Spend a few days reading the FAQs and the step by step guide in the library section. That will answer most of your initial questions and show you what you have to do. Good luck with your claim. Regards, Rooster.

This wpould be the correct time for filing judgement, but, I would advise you to leave it a couple of days after this date as generally Cobbetts tend to file their defence right at the last minute, if this was the case and you'd already entered judgement then Cobbetts would be able to apply for a set-aside, this would only delay proceedings even further. You can almost bank on Cobbetts filing their defence,last minute, this has been the scenario through many many other Nat West claims and TBH I can't see it being any different in your case.

I've made a decision... I've decided to settle the claim. I don't need the interest, and there's no point in pursuing this just for the sake of it. They've offered the lot, minus the £75 they gave me in July, so I'm going to take it. Thanks to EVERYONE who's helped me with this so far - I really really appreciate it. Good luck to everyone else who is claiming, and I hope you get everything you ask for. Oh, and I attached the below to the signed acceptance... I fancy having the moral high ground for once!

Hi Just a copy to SC&M. Barty:)

Hi Debbie You should ring the Court, you should have had an AQ to fill in by now. I think I got a copy of their defence and an AQ form in the same letter. The part in section G looks standard to me. Did you send a copy of your schedule to the solicitors? Here a couple of links to help you with your AQ when you recieve it: http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html Hope that helps. Barty:)

Cobbetts generally file a defence on the last day.

The ironic thing is they give you a cheque it goes straight back into some bank account probably theirs they dont actually miss it, unless you withdraw the lot and go wild!

Do not fret too much - we all have lives to lead outside claiming bank charges; well I like to think I have. You are not incompetent, just think about SCM, to my knowledge they have never managed to issue a bundle. The courts give people some latitude on dates, say a week depending on the nature of the order, after that period they would usually issue an unless order, i.e. unless you provide the document in 7 days (for example) your claim will be struck out. No point in dropping off at Lloyds branch. Invariably Lloyds (SCM) will not issue their bundle on time (or at all), therefore issue this letter (but only after you have

If your creditors are hassling you, they may be breaching OFT debt collection guidelines. Are they bullying you into making payments you can't afford? Advising you to borrow, from other institutions or even from your own family, to pay off the debt? Demanding payment in full? Implying that they can send you to prison for non-payment? The document laying out these guidelines are in the post above, in .pdf format. There is also a ready-made complaints form on the Office of Fair Trading's website, in a .doc format. Every complaint is another step towards getting dodgy DCAs' licenses revoked. Don't hesitate! http://www.oft.gov.uk/NR/r

i was looking for this thread for you, finally found it: Do you have charges going back more than 6 years? (1 2 3 4 5 ... Last Page)

Hi peeps, Firstly welcome to to you all !! Ok, yes 6 years is the maximum you can claim backwards !!and you count back from the date of your claim submission. The maximum you can claim easily through teh 'small claim court' process is £5k - this does not preclude you claiming a higher amount but the process is slightly diferent and the cost of making the claim ewill be higher (although you can add this to the total claim) Why do you think that opening a 'parachute' account is deemed as 'dicriminatory' - against who ??? you or the bank ?? There is nothing (subject to your personal status) from opening another bank acco

The only bit I'd add to the above is:- Example you have an agreed OD of say £500 and you are at the moment £490 overdrawn, so within your limit !! The bank will charge interest at the going rate, this you cannot claim back. ok, you write a cheque for £50 guaranteed by your card, so the bank paysit, and now your now £540 over, and the bank charges you £30 for the priviledge, so your now £570 overdrawn !! Right, you can claim the £30 charge and you can claim back the interest incurred for the (but only) £70 that you are over your agreed limit. and you can back dae this for 6 years or to the actual date of the event (whichever is soo

Yes you can claim them back. Also claim back the interest at the Contractual Compounded rate as well. Makes a big difference in your amount back. If you look at your statements it should say something like 1.895% underneath the main statement box. This is the interest that they have charged you per month. Times this figure by 12 and you get the APR. Claim that back on every charge. Better than the 8% if it went through to the court stage. Good luck Uk...

This User Guide is Now Out Of Date Click Here For The New Version Click Here For Bank Contact Addresses etc MANY THANKS RDM2006 (AKA Givitus Allback)

Let me be first to say welcome to the site... Take a good look round the site... In particular the FAQ's http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?f=5 Get yourself acquainted with all the arguments and the pros and cons... It is essential that you are happy with what you are doing... We can only offer guidance and support. Only you and you alone can make these sorts of decisions... Once you've read around the site for yourself, you'll realise that a lot of people recommend parachute accounts in case your bank get 'funny' with you. Whilst others believe that there is also a way to argue against the bank t