Fraud Act Came into force 15 January 2007

Hi All, Thought I'd start a thread, as another individual thrilled at the prospect of making the bank pay back unlawful charges. Always felt it was a bit unjust as I had been a good customer to Barclays for years, and then was unemployed for a while which is where the charges started creeping in, obviously making the situation no better at all! Knew absolutely nothing of the ability to claim all this back until recently but now am determined to make them pay!! Have sent off my intial letter for statements and am currently awaiting these, whilst reading up some more about the following stages. My partner (who also has a thread: Cho

Now you can really start to make a difference to your debts!!!! They wouldnt be happy because they must be getting this every day now as more and more people wisen up to them. Good for you. I wish you the best of luck. Kind regards Gemspan

I'd remove that line, they are under no obligation to supply you with it. However, they would have to present it to the court, if they ever get that far with the collection, which they won't if you stick to your guns

Wow, lot's to think about there. Bottom line as miss said is it's your money and you ultimately need to make the decision. On the basis of what I've read, you have to consider a couple of things. Firstly, should your claim progress to court, you won't be able to go through small claims (obviuosly) so you could be exposed to the banks costs should anything go wrong. The contractual interest makes your claim a bit more interesting. This isn't something that you can just chose to claim and just go for. From the little I've read up on it, I do believe the banks will FIGHT for this interest. I believe the onus is on you to devis

No fee

OK boy, oh boy, oh boy. Log onto Department for Constitutional Affairs - Home Page and in the top right hand corner you can read the recommendations from the consultation. It is all there. Abuse of personal data IS an infringement of the European Human Rights Act Section 8 (which I have always thought it was) and any company found guilty of these abuses it will be the directors and "body corporate" who will be doing porridge. Now I wonder if this is what's starting to make the King's Hill 3 start to shuffle the deckchairs on the Titanic.

Hi Hughes Just pad out what i put in my last post about, unenforcable, further calender monther and further month an offence is committed. As it stands you dont have to pay them anything as they are in default. You may want to get further info from Tamadus (pm Him) about weather in this situation they can process information to CRA's, i dont think they can because the agreement is unenforcable. AL

Hope I'm not giving you too much information, Rod!!!!!!!! Since I did my AQ, mine had to be in on the 7th Nov last year!!!, some people have been attaching a letter of 'Draft Directions' to their AQ which is basically asking the Judge who will be dealing with your AQ to make the points in the letter an order. A link to this template is below:- http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html I never did, as it was'nt around then, and don't worry if it seems too much to take in and you just want to send in your AQ as it is, but if you read the template, I think it sounds great!

Its your decision, if you really need the interest then go for it but I guarantee it will not be a short road!!! Sorry I can not be encouraging but it seems that most of these interest cases end up at least at MCOL stage. At the end of the day its YOUR money. You need to go with your gut feeling. I would send a letter accepting as part settlement, or revise the LBA slightly to include that you will accept as part settlement.

Now posted in all 3 sections as I am aware that members do not generally visit all 3 so hopefully this will get the message over to all.

I received notice of intended insolvency proceedings from Connaught via 1st Credit(Barclays), sent them CCA Request also 1st Credit. S.A.R. on Barclaycard. I did all of the above (although they hadn't served me with a SD), received statements and am in the process of claiming amount back to reduce the debt. Don't know about bankruptcy rules, process servers are an agent of the solicitor and they serve what they are told, but they are still involved in the legal process and as such on occasion have to swear oath to their service, hence, it has to be done correctly. You do have the option of making an offer that is reasonable

Hi Joneil, Welcome. If you stert by having a look around read the faq and start a thread in your bank forum. If you need any on the spot answers visit live chat. Good luck.

Tune into Radio 4 the Money Box programme on Saturday and you may get to hear my story, being interviewed tommorrow but unsure how much they will use/edit etc. I think I should comment that you cant prevent closure of the account (as court action in North London re Halifax showed) and so best advice is to still think carefully about claiming back charges as banks still can and will close the account, particularly A&L. SET UP A PARACHUTE ACCOUNT AND CLEAR YOUR OVERDRAFT BEFORE HAND. Luckily I had an old dormant account that I could still use but I still got stung with the £1000 overdraft, for which I had to borrow to repay. Ther

Should be one at the bottom of their defence....if not you can get it struct out!

Sorry to try and resurrect this thread, but I have been given a load of rep by mods that I did not deserve, and I do not want. I now get all sorts of people coming to me expecting highly authoritative responses when in fact I hardly know sod-all. I DON'T BLOODY WANT THIS REP - IT IS AN EMBARRASSING NUISANCE !! I have started a thread about this, and have asked Dave to get rid of it - to no avail. http://www.consumeractiongroup.co.uk/forum/post-541553.html AND I'VE STILL FECKIN GOT IT !!!!!!!!!! PLEASE, PLEASE, PLEASE, HOW DO I GET RID THE BLOODY STUFF !! I JUST WANT TO BE LEFT ALONE TO GET ON WITH MY OWN CLAIMS

Well done peter. My copy went to your address today and as soon as we get the all clear you can spread the word about the web address. Its only an old site of mine that doesnt get used so you can have it for anything you want. If the bandwidth gets use up, i have another site i can put it on. Ill sort the link for that one later. Smoothy

Andrew Injuctions are not really my area - however, I would have thought that you should be able to have your say at the hearing as they shouldn't just be able to get an injunction on their Clients word. Do you know when the hearing is for the injunction. Unfortunately your story is one that is far too familiar within the construction industry and again unfortunately one that the bigger boys normally win. Have you suggested Arbitration to their solicitor as it is term of the Contract. They may well say that you should have suggested this prior to issuing SD. Even if you issue the petition it probably would not be heard for about 6-8

I would write to them and send it recorded. Advise them, you have contacted them and made an arrangement. You have also submitted post dated cheques some of which have been cashed. On this basis any court action would result in it being defended and that any further inappropriate threats of litigation will be construed as harrassment.

you can always withdraw it all asap after they bacs it!!! if they try to close it, take a look at the A & L thread regarding account closure.

They are developing some here, I'm sure.

Head Office address is: 135 Bishopsgate, London EC2M 3UR

*doffs hat to a fellow Penguin* As far as I am aware (ICBW), packaging should present no problem. If it was a genuine fault and wasn't grub or lilo going tits-up (lilo has a nasty habit of doing this, which is why nobody ships it anymore) then it can be assumed it was there when you bought it, and thus you are probably legally entitled to a remedy regardless of the presentation of the item, and it makes sense to presume that the same fault would exist on another unit from the same batch. What you would need to be sure of is that even if you can't provide the original packaging, you need to take all the bits that came with it in the bo

Hi Bigrannty Would just like to tell you we live in Scotland and have had successful claims using summerry cause which allows you to claim £1500.Our claim was for just over £5000 after putting in another claim i phoned them up to see how my claim was coming on and spoke to a really nice chap who said oh you are claiming in Scotland and have to make numerous claims,lets see what we can do for you,he put me on hold then came back and said right don't issue anymore court claims as we are going to pay you in full,so i am watching my account for a nice deposit.So what i am getting to is i personally would put in a summery cause claim or 2 then p

hello, try not to worry, others have been in the same position, I felt absolutely terrified, I was afraid to speak to them on the phone and would have done anything not to have to go to court but this is just natural emotion, but try to remember that certain types of companies use this to their own advantage, it is difficult to think clearly when you feel so upset so try to get it all down on paper and get a friend or someone trustworthy to cast an objective eye over it and maybe come along to the court also (they may not be allowed in to the hearing without prior permission) everyone on this forum is here to help and no one wants to see you

Pombix, To make it easier for everyone here to help you, use the "New Thread" button at the top of the NatWest section to make your own thread. Call your thread "Pombix04 vs. Natwest". That way, all your posts are in one place and the experts will be able to track your progress and give you all the help you need. Before you go diving in and start any spreadsheets, (I noticed you asked in other posts about them), read the FAQs here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ Read as many of the stickies in the Natwest section (at the top). When you have done that, you will find all the letters (

Well, you only have one option then. Don't pay and take the option of having the case heard in a magistrates court. I'm sure the magistrates will find it fascinating to hear you ramble on about street lights and speed cameras in a case involving not wearing a seat belt.

The £10 had nothing to do with postage, it's the fee they charge for supplying the data. What did you actually say on your letter ? Did you used to get them from your branch ?

No point going for a SAR just for this. The issue is that you were not formally advised of the Tariff Change, you had agreed and signed up for the relevant tariff, and your warning letter did indeed state 'may' and not 'will', therefore does not count. You may find it easier to write, explaining that you require your bill recalculated based on the tariff you agreed to. On receipt of the amended bills, you will consider the matter closed. However if the company refuses to do as you request, you MAY have to raise the matter as a Small Claims Action at your local court.

The only requirement for visibility is for a speed camera, when the proceeds will be 'netted off' to the camera partenership. In any case, it is only a guideline and is neither illegal, nor does it negate the offence if it is not clearly visible In neither case is it illegal (or even improper) to film without street lights. Even for a speed camera No and no. A red border would make the sign non-prescribed, but it isn't prescriptive anyway. The 300M thing is total nonsense No, perjury can only be committed under oath in Court. Unless the comment on the FPN is intended to mislead, it would be unlikely

Hi dolphinbeds, I think almost everyone on here who have had dealings with Welcome would have rather gone to a bank in the first place. The problem is, when things are bad the banks wont help you, the last resort is using Welcome. I can bet a pound to a pinch of salt anyone who uses this thread would have rather had used a Bank but couldnt, hence Welcome gets fat on people in financial difficulty.

When you refer to your hearing is this a repossession hearing, isit the first time , Bona

Hi Yes, I am also sure that each Ltd company should be registered separately for DPA purposes but it is just possible that, because GDM are in-house, a different rule applies. You could write to ICO for clarification. I'm sure I was reading a webpage a few days ago about this subject but can't now find it - not even in my 'history' ?! Have you SAR'd GDM as well or just A&L? GDM must have paperwork relating to your account as you have proof of paying them, even if A&L are trying to hide their involvement. Regards, Pam

Hi, Nichola If you're only just at the stage of filing your claim, don't get ahead of yourself. The court hearing - if there ever turns out to be a court hearing - is months away and you won't need the bundle till two or three weeks before. Focus on getting your N1 and particulars of claim right. That's the priority now. By the time you've filed our allocation questionnaire, your confidence will have risen enormously. One step at a time. And one of those steps should be to start your own thread, where you'll be able to keep all your concerns in an easily-accessible place! Best wishes Westy

Sorry I took so long to get back to you Carinas but I was away overnight. Now who is putting around a nasty rumour that I am an expert on the CCA ? Like most of us I am just going along wiht what I read and the CCA isnt really that difficult to understand in most parts. I am assuming you made a reuest under sec 78(1) for a copy of the crecit agreement (it will be for fixed credit). They have failed to supply it and have now admitted they don't have it. Oh lucky you Right the serious bit now. First and foremost get this clearly understood, no agreement does not mean no debt, but it does mean they cannot legaly en

Unfortunately it's not quite as simple as that because fairly complex calculations software is used and it depends on the interest rates you have paid on your mortgage. On a £35k mortgage over 25 years at 5% (assuming the 5% is fixed which is V unlikely) you would have paid off circa, £3,997 after 5 years £9,122 after 10 years £15,710 after 15 years £24,159 after 20 years The amount you would have paid off is then compared to the current Surrender Value (SV) of your policy and if the amount you would have paid off is more than the SV you would be offered the difference. Here's one I did recently as an example. Mortgage

Oh well I received a notice of acknowledgement with an intention to defend the claim through the post today. A firm calling themselves Cobbetts LLP are defending the defendent, with an intention to defend all of the claim. I hear Cobbetts LLP have made quite a name for themselves on this forum. let battle commence...........

Just to add to what thesergeant said the rate used to claim the contractual interest is the cash advance rate for credit cards as this is similar to the unauthorised borrowing rate used by high street banks.

Loopylane, There are different ways to claim interest. Statutory 8% rate, this only applies once you have lodged your claim with MCOL or your local county court. Contractual interest, this you apply straight away. There are arguments whether this can be applied or not. However many people are having their claims paid out - I certainly have with Halifax. The reasoning (put simply) is that they have taken money from your account unlawfully, therefore you are entitled to the same interest rate they apply to unauthorised withdrawals. This can make a substantial difference to your claim. You need to read up on this by reading through

Just for completeness, "Following Due Process" with respect to gaining a Judgement against you in terms of a debt owed would not have required them to produce any documentation relating to the debt's veracity (unbelievably). All they have to do is turn up, knowing that you won't... in the absence of a Defendant or indeed a Defence they would have obtained the Judgement "By Default". So - they followed "Due Process" but that does not indeed have any bearing whatever on whether or not you owed them the money.

it is up to you. If you feel that you can take the hit on the court fees then take there offer no one on here is going to tell you what to do. i wouldn't but then thats just me.

And here's me thinking you're here for the blobs!!

Hi Choco. Interest is a complicated animal. When you go overdrawn, the bank charges you interest on the debit balance. If part of that debit balance is due to penalty charges, then you are entitled to claim back the portion of interest that has been charged on the penalty charges. Isn't that interesting? This is where the spreadsheet comes into play. The spread sheet attempts to give you an approximate figure for the interest that you can reclaim. Note that if the charge is for an authorised overdraft, then those charges cannot be reclaimed as they are a charge for a service provided. The interest that can