Hi Zimmie... You are not alone, I'm going through something similar too and I feel so much better after joining this amazing site Send the 2 letters above, as Kenny says. They have to provide these documents to you. If they are giving you grief over the phone, then you can send out a harrassment letter requesting that they stop, If they ignore this, they are breaking the law:- http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html I would report them to Trading Standards, stating exactly what you just posted on here. You are right, they are all **** and they

When you send a DPA SARs request plus the £10 fee, they have 40 days in which to comply with your request. I assume from what you say that you've just sent the letters. If that is the case then you are still well inside the 40 days 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. Regards, Rooster.

Have you submitted your court bundle, then the bank have settled at the last minute just before the court date? Although costs are strictly limited in the small claims track, there is a provision which allows them to be awarded against a party who has "behaved unreasonably". See here for rules governing costs on the small claims track - CPR PART 27.14 It is therefore perfectly feasable to request that costs be awarded on the basis that the Defendant has had months to offer and arrange a settlement if it had wished to, but instead chose to rebut or ignore all attempts at meaningful dialogue, file a template defence and then an AQ,

Hello, I have been waiting for my case to be given a date for the court hearing against Natwest but instead today received a letter from the court stating the following: Before DISTRICT JUDGE *****( NAME OF JUDGE) sitting at Reading County Court............ Upon receipt of parties' the allocation Questionaires WITHOUT NOTICE IT IS ORDERED THAT 1. Defense struck out as an abuse of process. 2. Claimant may enter judgement for the outstanding balance of the claim and court fees and interest. Does anyone know what I need to do next to " enter judgement"? Has anyone else had this before? Kelly

Hi everyone, Just thought i would introduce myself to everyone claiming from MBNA, after a very successful claim against the Natwest for just under 4k i thought i would turn my attentions to MBNA, before i start my claim i have to check to see if i have any defualts against me from them so hopefully gonna send SAR on the wekend. Just need to check that this is the address to send to, MBNA Europe Bank ltd Stansfield House Chester Business Park Chester CH49QQ Also just one more question, my balance on the card is over my credit agreement and the charges are not going to be near the outstanding balance, ho

Hi all I was thinking to set up a 0870 number for all the dca to ring me on! Hang on, no i haven t gone bonkers but i was just thinking to earn some money at their expenses with a very long intro followed by an even longer queue. Anyone can point me into the right direction of free to set up 0870 numbers?8)

Important Reminder On 6th April, the Financial Ombudsman Service will start dealing with complaints about companies that hold Consumer Credit Licence. "This affects a wide range of businesses from those whose main activities are lending, credit broking, debt collecting etc – to those such as motor dealers, furniture retailers etc, where consumer credit is secondary to their main activities. Under the new arrangements, all these businesses must follow proper procedures when dealing with complaints about their consumer credit activities. And their customers have the right to refer unresolved disputes to th

The Limitation Act 1980 is quite clear, 6 years from date of last payment or acknowledgement in writing signed by the debtor. cresswell80 - Your use of date format seems to indicate that you're quoting American Law...??

Go for it sea-sidelady and Good luck

Providing you file on line and in case you are not aware send 2 copies of your schedule of charges, clearly marked with your claim no. and a brief covering letter asking for them to be filed with your claim to: The Court Manager, Money Claim On Line Northampton County Court 21-27 St. Katharine's Street Northampton NN1 2LH Dear Sir/Madam (Your Name) –v- (Bank) Claim No: ******** Date Issued: xx/xx/xx Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to

A veritable Armada...

Of course it's fine to put that Zimmie...All you're asking them to do is prove to you that they have the legal right to pursue you for the alleged debt..

You can download it here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html I personally did the MCOL as I found it easier, but sent a list of charges to them and to SCM with my claim number, so they couldn't do the 'too vague' argument.

It is very common for haliprats to do this. There is a rejection letter...http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html You can just tweak the letter to make it suitable for you. Please read these as you will see what to expect next. http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html A lot of people at this stage are phoning them and demanding the full amount and recieving it. You dont say how far you got before you recieved the offer. If you are carrying on, just send the rejection letter and carry on as plan

I received all my charges back from Lloyds a few weeks ago. After reading what has happened to you, I have now closed my account and moved the money to a new bank. Good luck I hope things get sorted fairly soon.

couldnt tell you for sure. but you know what you have to do now turn round, pull your pants round your ankles, and tell them to kiss! send them ALL CCA Requests

if black horse have applied charges then yes you can claim them back through a SAR request.

to be honest i would CCA them anyway i hate Hamptons, and this will let them know if nothing else, you wont take it lying down. send them this recorded delivery Dear Sir/Madam I am presently striving to organise my personal information and can find no reference to the alleged debt and/or agreement on you appear to have been assigned to collect. Therefore, please supply me with a true copy of the original agreement. You will appreciate that this is my right and your legal obligation under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974. I also understand th

Hi Botail, Its standard procedure when using MCOL as soon as a defence is lodged things get transferred to your local court. Expect your defence through in the next few days Zoot

Yes you can reclaim charges from both of them incidentally, you SAR whoever OWNS the debt and APPLIES charges, if that is both of these muppets then so be it. CCA lowells, if they come back with the info, SAR them, but also send the SAR to the bank. no question is stupid, no question SHOULDNT be asked, if you need any help, just ask us. I hate lowell and will be taking particular interest in this, if you feel ive helped you please click my scales (i know shameless plug) lol Kenny

Each day and every day ICY. They get it on the 6th so your claim goes in on the 21st.

Hi The document you have posted up is IMO 100% an application only and definitely not one of those 'grey area' application/credit agreements that are causing problems. There are no prescribed terms whatsoever!! Because I have a wicked streak, I would write and ask them to send a copy of your actual agreement and advise them that if they are unsure which document they should be looking for, that it is the one that has all the prescribed terms, other required terms and statutory statements and is signed by both lender and borrower! :D:D It is tempting to accept this piece of cr@p as all that they possess but it's wise to gi

Hello, I found this in the bank template letter under the DPA non compliance, by alan This is sections 5 and 6 5. By virtue of the Defendant's failure to comply with the Subject Access Request the Claimant has suffered damage (and distress). 6. The damage (and distress) caused is: Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice, I estimate this cost to be £........... Add any further things that can be clearly quantifiable, and to which you can provide proof.

I'm pretty sure everyone gets one of those 'going to defend' letters; I certainly did! Now, over the last couple of months it seems that they were paying out within a few days. They have no option but to pay out; thier regime of charges is essentially unenforceable and similarly indefendible. However, the strategies and timescales they are currently working too does seem odd and certainly seems indicitive of a new way of dealing with these claims. It seems that during the last month, claims are being settled right up to the wire, almost at the 28 days allowed. I'm 7 days away from that right now and have not heard a thing! I

Hi mate I've a long winding thread against DL&C that may be useful to you. Think I may take acftion on it very shortly! Will http://www.consumeractiongroup.co.uk/forum/legalities/35681-cca-non-comp-gargoil.html

Hi n2o Welcome to the forum. Please start a thread in here; http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=12 Title it n2o V Natwest Please take time to read the faq's use the template letters. LINKS.... FAQs.... Templates Library.... There is also live chat, visit if you need any quick advice. Finally good Luck. Happyolddog. If my advice helps please tip the scales, left.

I think fasthosts have possibly shot themselves in the foot with the late payment penalty charge defence, possibly they've not realised it exists but they've quite conveniently labelled the charge as an administration charge and tried to defend it as such, if they'd just said its a compensation charge that they're entitled to charge under the late payment legislation they'd have been in a much stronger position (though they could always pull this defence out at the hearing). I would suggest you need to submit at the least copies of invoices showing the charge listed as an admin charge, copies of all correspondence to/from fasthosts and c

Keep it short, sweet and to the point. Here's one I sent to Wescot recently: Certainly had the desired effect.

Good luck with that one Curly.... it's one of my own templates !! Nice to see it being used to good effect....

Hi, If it cleary states that you have a 30 day cooling off period, Then I would suggest you get the letter out to them asap, As you have also pointed out to them in your letter that you did in fact try to cancel this policy after 7 days and they have refused, Then they have breached their own terms and conditions. If they still refuse to cancel the PPI then I would get in touch with the FOS and issue a comlaint through them. The more that you have in writting the better, You could always submit a SAR to request a transcript , Audio recording of your original application. Good Luck Ian

Hi Sherlock, As N/W have filed a Notice of Discontinuance, it means they cannot file any further claim against you on substantially the same facts, so you cannot be pursued for the debt under any circumstances. If the matter was sold to a 3rd party, that would be entirely unlawful because the NOD means that they have given up all rights to pursue you for the debt. I hope this is helpful. Regards, Laiste.

More muffinny eh! The mind doth boggle!

For our purposes, geographical location is not important. The significant implication from Mullen -v- Hackney for us, is that a judge may take into account any knowledge of a parties previous notorious or well established conduct in simular cases, and apply that 'special' knowledge to the instant case when considering appropriate penalties. This could be relevant to bank charge claims becouse it means the judge, if he chooses, has the authority to take punitive action against a bank on the grounds of his knowledge of their abusive conduct in the hundreds of other simular claims that have been brought against them. I would'nt get t

Its a tricky one. they haven't mentioned this in their defense, so they may not even realize it exists. As for the penalties being a realistic pre-estimate of costs then no. i agree, they are not realistic, BUT it doesn't say anywhere in the act have to be. The £40, £70 & £100 charges are not maximums.. they are the charges you could be made to pay. Good Luck with the case.

Hi and welcome First of you, you are definitely not the only young person to get into trouble with money, and unfortunately it does take a few years getting out of it, but your on the right road now. I have found a letter written byu a member on here with regards to a similar situation. Have a look over it. 1. You must supply me with a true SIGNED copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of accoun

Rendall, I would send the SAR with the £10 so that you at least know the total size of your potential claim, you may find that you have over estimated the extra and it might come in just below the £5k threshold for small claims. Even if it`s over the £5k threshold, say at £8k or £9k, you could at that point talk to the court about amending your claim in light of Abbey supplying you with upto date information, you could then let the district judge decide if it needs to come out of Small Claims, that way would be a lot less messier than trying to go back for a second stab at it at a later date. Even if it gets taken out of Small Claims, y

Brilliant I'm just nit picking...

this takes the biscuit. it just shows that these banks will do anything

Afternoon Lady Jayne, Seems you have settled in here now. There is nothing inherently wrong with nemtioning the section 69 interest 8%, but really you are not entitled to claim thiss till you file at court. The 9.9% additions account interest is a diferent beast however. You can claim the interest you paid on those charges that you are claiming only. As you can imagine the maths on that is a pain and many (including myself) don't bother as the numbers are not really worth it. To set the record straight when you send the Letter Before action you can ammend it to let the bank know you want a refumd of all the charges listed

Hello and welcome to CAG! There are a few things which are a must for you to do: Read the faqs https://www.consumeractiongroup.co.uk/forum/68-faqs/ Print them out for future reference, believe me you will need them. Start a thread in the relevant bank forum. You will find the banks sections by following this link https://www.consumeractiongroup.co.uk/forum/3-bank-and-finance-subforums/ Read the threads in your banks forum, this will give you an ideal insight into what you are taking on. A few things to remember: This is your money, it t

12 + 2 for posting then 1 month ( not 30 days).

No worries Molly- you'll have to tip other people's scales first lol...Pleased to be of help in any way I can be..

The summary of charges can be created using a spreadsheet template. http://www.cag-files.co.uk/barracad/Spreadsheets/England/Simple-charges-calc.xls You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability. If I have been helpful click the scales SAR sent 18/12/06 Statements received 02/02/07 Preliminary Request sent 05/02/07 Standard ‘No’ letter received 15/02/07

Template I meant was the standard guff so many of us have received from Cabot. As we've all had a good laugh over the letters we've had, I was just wondering if somebody will try to be a bit more imaginative from now on, and maybe you'll get a different one. After all, the ones they've sent to us don't seem to be having the effect they thought they might. The template letter you sent will be fine for your CCA request. But do a bit of reading about a Subject Access Request. This will come in handy to find out what they hold on you, and will possibly be more ammunition if you find you need to make any formal complaints to the various

12 working days from when they received the CCA. Keep paying them until they default on the CCA (which is on the 12th working day)....

Hi before you do anything please read http://www.consumeractiongroup.co.uk/forum/mortgage-companies/62003-important-mortgage-claimants-please.html At the moment you are probably best waiting, although some including myself are claiming the arrears charges and many have been successful in claiming exits fees back. Read this for more info http://www.consumeractiongroup.co.uk/forum/mortgage-companies/71299-mortgage-exit-admin-fees.html There is a link on that thread which will tak you to the mortgage provider that you are dealing with and will explain roughly how much you can expect back

thanks for that gary, its a scary time, Am I ok to use the N1 form and at at what point do I tell them I want to go through the small claim track? Fletch101 has given me a letter from the libruary to use to say as much. so I am going to hand this in with my N1 tomorrow, hope this is right. Even though I have already won aginst the Halifax this is for a large amount, I have now taken some deep breaths and I WILL get it right!

Hi Wiggly, Merry Christmas to you also! An allocation hearing is to decide which track the case should go on. As your claim is under the 5K you would want to remain in the small claims track to avoid any costs risks. Barclays should contact you to mae arrangements for the telephone hearing. If they don't its worth giving them a reminder. Points to argue in your favour include: 1. It is a consumer dispute and should be allocated to the small claims which is designed particularly for consumers. 2. The claim is well below the 5K threshold. You filed the claim believing it would be dealt with in the small claims court

Comments?

Firstly, under the Consumer Credit Act, if you request a signed copy of the original agreement, they must provide it within 12 WORKING DAYS by Law. If they take longer than that plus 30 days to provide it, they have committed a criminal offence. So - the debt is now unenforceable already. You are being extremely generous. If they have entered a "Default" on your credit file, you now have a good case for getting it removed as there IS NO DEBT.