Most of us are now aware of the effects of non compliance with a consumer Credit Act section 77/78 request. I would like to try and clarify the result of a s78 (1) request I recently made. The company concerned responded 12 days before it went to the poition of committing a criminal offence, however what they have sent me is a copy of the original application and is clearly marked as an application. Its my feeling an application shouldn't be considered as a regulated agreement under the CCA. I am certain (but cannot immediately find the detailed description of the form a regulated agreement should take) that the heading on the agreement should clearly state 'Credit Agreement' (or words to that effect). Also on the copy of the application they have sent I added a second card holder (authorised user)with a different surname to mine. Underneath the authorised users signature it clearly states Authorised users must have the same surname as the applicant. I am now wading through the CCA (1974) trying to clarify these points and came across something interesting in section 85, and I quote. 85 Duty on issue of new credit-tokens (1) Whenever, in connection with a credit-token agreement, a credit-token (other than the first) is given by the creditor to the debtor, the creditor shall give the debtor a copy of the executed agreement(if any) and of any document referred to in it. (2) If the creditor fails to comply with this section- (a) he is not entitled, while the default continues, to enforce the agreement; and (b) if the default continues for one month he commits an offence. (3) This section does not apply to a small agreement. Now by definition a credit card has to be a credit-token. The CCA clearly states that a copy of the executed agreement has to be supplied to the debtor prior to its use and the debtor has a 'cooling off' period. I read section 85 as meaning that any time the creditor replaces or issues a replacement card a copy of the original agreement has to be supplied with the new card (credit-token). I have NEVER recieved a copy of the agreement when a credit card has been replaced. I may be going over old ground here but has anybody any suggestions on section 85 of the CCA and also on the application form suddenly becoming an agreement and the authorised user having a different surname?

foudn this on the thread below N244 Application Notice form PART A would like to ask the court permission to amend my claim xxxxxx deemed served on RBS 7/6/06. because -a miscalculation on penalty charges incurred -a further £50 of such charges incurred -i seek to include interest payable pursuant to section 69 county courts Act 1984. Part B I wish to rely on: tick one box - the attached (witness statement) - my statement of case - evidence in Part C in support of my application I was going to tick box C Part C I wish to rely on the following evidence in support of this application: please refer to attached schedule of charges as well as amended particulars of claim http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/16576-me-rbs-vengence-4.html

hi all Tracie - I have PM'd you. Everyone - thanks for all your good wishes. I'll have an update for you later this week. Today sent off all supporting evidence for the case - McNamara interview, cases I'll be relying on and other documents including the two OFT statements 5th April and 7th September. Worth looking up if you haven't seen them. Go to: Office of Fair Trading - making markets work well for consumers Wolfy

SE16090 - Vouchers and credit-tokens: meaning of credit- token Section 142(4) and (5) ICTA 1988 A “credit-token” is something which merely has to be produced in order to obtain goods and services without immediate payment. It does not have to be capable of being exchanged for goods or services. A credit-token is “any card token document or other thing”, except a non-cash or cash voucher, which is given to a person by someone who undertakes: to supply money, goods or services on credit on its production, for example, a credit card supplied by a retailer or to pay a third party for the supply of money, goods or services on its production to that third party, for example, a credit card like a Mastercard or Visa card supplied by a credit card company. A charge to tax arises where such a credit-token is provided for an employee or a relation ( SE16080) by reason of the employment. For the amount chargeable as an emolument see SE16140. The use of a “credit-token” to operate a machine, for example, a cash dispenser, is deemed to constitute its production. The charge arising from the use of credit-tokens eliminates any argument over whether the payment by an employer of credit card bills run up by an employee is a discharge of the employee's pecuniary liability ( SE00580). There is thus a uniform charge on all employees in these circumstances however the credit card facilities are provided. Guardian Unlimited Money | Credit and debt | GE Capital Bank told to change its ways

Here we go - I'm on the path now! Amazingly (and it would amaze anyone who saw my "filing system"), I was able to locate all my statements covering the last six years. Totalling up all the "Unauthorised Overdraft", "Paid Referral" and "Charge for item returned unpaid" fees came up with a staggering 4figure amount. Considering that during all this time I've been on Income Support you can probably imagine the damage and stress caused by this leaching of MY money. It is, of course, perfectly legitimate for banks to charge for their services; but what is totally despicable is that all their charges should be rolled up and dumped on those who can least afford to pay. Anyway, back to the plot .. .. I've sent in my initial letter, recorded delivery to Barclays registered office, requesting repayment of the total within 14 days. I'm now waiting to see if anything happens before going to the next step of sending in the LBA (letter before action). A quick solution would be nice of course, but at least part of me is looking forward to getting to a court claim so that they'll have to pay interest as well. I'll keep you posted. Victimnomore "Barclays - it looks like an eagle but it's really a vampire bat"

I am starting this as a new thread (for which i apollogise) so that people new to this malarky may follow a step-by-step case as it happens, and maybe learn from my adventures or mistakes, whichever the case may be ! Barclays bank PLC 1, Churchill Place, London, E14 5HP [DATE] Data Protection Act 1998 Subject Access Request Dear Sir/Madam ACCOUNT NUMBER: xxxxxxxxx Please supply me with a complete list of transactions and charges relating to my bank account since 1st, January, 2000. Alternatively, a complete set of bank statements for that period will be acceptable. Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response. I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. I would be happy to collect the Data from my local branch. Yours faithfully, [name] Here is the letter i received in reply today ( 29th June) : Dear Mr ****** DATA PROTECTION ACT We refer to your letter of 20th June, which was passed to this department for comment due to your request for certain information, relating to bank charges, under the terms of the Data Protection Act ["the Data Protection Act"] Please be aware that the Bank is not under an obligation to present information according to any particular format. Therefore, your request to assemble a schedule of charges is turned aside. You may, of course, obtain this data from copy statements and these will be supplied to you shortly without charge on this occaision. As the Bank is providing the copy statements on a complimentary basis your payment is returned herewith. As regards your mention of "manual intervention" , the Data Protection Act does not oblige the Bank to comment about internal policies and procedures. Furthermore, in the context of managing day to day transactions arising from out of order accounts, the Bank does not hold the information you have requested in a form that would be covered by the DPA . Whilst aggregated information is retained for statistical purposes, this would not constitute "personal data" under the DPA and therefore would not be covered by s.7 DPA subject access request. For the avoidance of doubt, the fact that we do not generally record information in a way that is caught by the provisions of the DPA , is in no way an admission that there was no such manual intervention . Yours sincerely, Peter Townsend, Manager, Barclays Data Protection OK. Is this just Barclaybank gobbledegook, or can they actually get away with this ? As previously asked, what do i do now ? Any help or suggestions would be very much appreciated. Thank you.

A personel diary of progress for myself and others who wish to comment and lend me your advice i sent off a CCA on the 15/8/06 of which they sent my credit agreement on the 31/8/06 damb i also sent out a S.A.R. on the 31/8/06 as of yet i have recieved nothing they have until the 10/10/06. so just waiting now but i do have other stuff ongoing to keep me busy:)

Sit tight and do not vacate. You have started your HB claim and advised the agents. They must not harrass you to pay or leave. Yes the landlord is moaning - of course he/she is. This is their income - but life sadly takes turns. I have been instructed by many clients to seek possession for non-payment of rental. However this cannot be issued until you are in 2mths rent arrears - at which point a Section 8 notice will be served advising you court action may commence - this gives you AT LEAST another 16 days before they can apply to the courts (if it is hand delivered) for possession. All this does take time and if you continue to let the agents know what you are doing - both them and the landlord are between a rock and a hard place. They cannot evict you until a Judge grants them possession. Normally by this point the HB will have sorted something out as it will cost them more to re-house you... Any correspondence you receive from the Agents - send to the HB.... keep on their case. Good luck

is there still time remaining on the default notice for remedy? It is clear here that the charges are greater than the default value. I think you stand a good chance of having this removed by capital one at the end of this process. the general advice though - if you can pay off the default amounts by January then, even though the default notice may remain on your file pending further action, you will be able to sign your form declaring yourself free of undischarged defaults with a clear conscience.

I've just 'amended' some of the grammar and maybe some word changes here and there... please don't take offence.

Hi Zannie and congratulations,. the Love God in Leeds who I beleive is dealing with your case needs to email/write to the court, copying you in asking for a stay of about 2 weeks so that this can be sortd and paid. You then need to write to them confirming this

First have a good read of the step by step guide (print it out) which details the whole process: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

Chances are you wont get there. Hang in there and someone with knowledge will be along soon. PS I have just started against B of I Business account.

oh,and by the way,you can take it as read that they are NOT enamoured with this website. It was referred to a number of times-not by name-but we all knew who he was getting at!!

Hi Freebird, Hang tight and be confident. I wouldn't bother talking to SC&M any more. Let the process take it's course and you will get the result. If they want to fight, there are many like me who will help you all the way to suing their little touches off!!

It is not the discharge of bankruptcy that is expensive (£60 discharge form from the court) it is the trustee in bankruptcy who will rip you off. If you own a house, he will claim the full equity of the property is invested in him and will go to court for repossession and eviction. The total cost of the bankruptcy will cost approximately 3 times more than the original figure. You end up paying approximately £15000 to the trustee in his fees, (he can charge what he likes) and normally has a friendly solicitor who will charge top dollar for the legal work. The Department of Trade and Industry will charge a fee and the statutory interest rate accrued is quite high. Bankruptycy does mean a fresh start, but with nothing. No money, no credit, no self respect, and many a person has committed suicide because of the hounding from the legal system. The fat cat lawyers and insolvency practitioners have got the cream from peoples misery. Any further information you require, do not hesitate to ask. I have been through this system myself.

Hello and welcome. You can claim back your charges.I had a simular situation with them taking out loan payments when the money was'nt there at that time.They took it anyway and charged me £35.There are steps to take if you wish to claim them all back,and interest too. Before you start please have a thorough read of the FAQs (there’s a Step by Step guide here too). You should print both of these out to refer to, so as to avoid having to ask basic questions later. Then look at other threads in your bank’s forum, so as you know what you can expect to happen. You need to spend 2 or 3 days gradually getting your head round everything. If you find a forum/thread/post of interest, save it in your Favourites, so as you can always find it easily. There’s a lot to take in, but it’s time well spent and will ensure that you succeed in your claim without problems. Remember it’s not a race, don’t rush, just follow the guidelines one step at a time. This is a self-help forum and you must be prepared to put in time and effort. It is your claim, your money and you cannot expect others to do all the work for you. When you feel confident that you understand the process and the various stages involved, start a new thread in your bank’s forum and post your progress and any questions there and you’ll get plenty of help. All the info to get you started is here: http://www.consumeractiongroup.co.uk...se-read-these/ Ukaviator

Hi T4NKGIRL Welcome Before you start please have a thorough read of the FAQs (there’s a Step by Step guide here too). You should print both of these out to refer to, so as to avoid having to ask basic questions later. Then look at other threads in your bank’s forum, so as you know what you can expect to happen You need to spend 2 or 3 days gradually getting your head round everything. If you find a forum/thread/post of interest, save it in your Favourites, so as you can always find it easily. There’s a lot to take in, but it’s time well spent and will ensure that you succeed in your claim without problems. Remember it’s not a race, don’t rush, just follow the guidelines one step at a time. This is a self-help forum and you must be prepared to put in time and effort. It is your claim, your money and you cannot expect others to do all the work for you. When you feel confident that you understand the process and the various stages involved, start a new thread in your bank’s forum and post your progress and any questions there and you’ll get plenty of help. All the info to get you started is here: http://www.consumeractiongroup.co.uk...se-read-these/ Good luck Ukaviator

I'm afraid to say that it looks like the housing association have sorted out all the items that they legally have to do but not bothered with anything else. They are under no obligation to do anything about stained work surfaces, grout etc, as long as the stains aren't sewage or something revolting! This also goes for providing you with a dining room. Hope you manage to get something done though. Pam.

You can do it now. It just pre-empts the 'no reasonable grounds for the claim' defence that they've been trotting out alot lately. Send 2 copys to Northampton CC with a short covering letter quoteing your claim number and asking the schedule to be attached to your claim particulars. I've got a template you can have if you prefur.

Glad that GMTV had the foresight and sense to let details of this site and how to reclaim bank fees get good air time! I am personally on the warpath against the Alliance and Leicester to start with and then the Abbey. Having told both Banks how seriously ill i was last year ( wasn`t expected to make it through Christmas) I had short shrift from both. I was levvied over 250 pounds in charges just last month for three missed Direct debits, ( there is really no way to transfer cash from an Intensive Care Ward!!!), and I am finally going to take the plunge and reclaim my cash. if anyone else has taken these two on I would appreciate feedback. Hope to be chatting here for a long time to come!! TTFN

no you dont have to include that paragraph. it should only be put in if you really intend to do it. and theres still time to make the post office today. dont forget to Record delivery it. now.....runnnnnnnn!!! Good luck with your LBA! Kaz

Consumer Credit Act 1974 Anyway, if you want the whole thing, here it is: CCA 1974

hi my name is Paul not Jane? ....lol jannercobbler is a nickname my DLA lacky is Michael Shires and this letter will be in his Inbox when he gets into work on Monday morning, and also on his desk on Tuesday via Registered post. There is only about 4 weeks left till D-Day in court. This is not a fully finished letter as I have been making minor alterations all day. Please feel free to use anything you find useful and please don't forget the scales at the top Paul

If you use the sites spreadsheets and add all of the charges on, and treat the refund as a minus figure, it will also deduct the interest I believe.

cheers guys!! hope you all get yours back soon.....

No, you should receive at the very least copy statements for the period you requested. Maybe write back to them, indentifying the statements you are missing, and remind them of their obligations under the DPA. They still have to come up with the information within the original 40 days

As it is I'd agree but something makes me think her income may be used to assess your ability to pay.... Just act ignorant anyway but seek clarification.....I am not sure.... Regards

Kathy If you want any help coming up with an estimate jsut post your details and somoene will help. I did what i called a freqeuncy and type analysis to estimate my charges for periods where i dont have statements. Sounds rather grand but its pretty striaght forward really and I would be happy to try to explain it if you need it. Glenn

hi nicholas if you just stick to the time line prelim letter recorded 14 days after they recieve it send lba letter recorded then 14 days after they recieve it courts plus interest DO NOT PHONE INBETWEEN .They will cough up eventualy

They arent confusing her with you are they? do you have the same name?

Hi Reacher First of all like Sid said DONT RUSH!! do what he said and read the FAQ's and the step by step if you have not done so and if you have then read the other threads and you will See that the banks are getting snowed under with all this but you still have to give them the 40 days under the DPA SAR . Can you please start your own thread in the forum for your bank and use this for questions and updates or if your need support and use only this thread for all your post so other can see where you are and what you have done so far:) Ask for help in there and I will answer any other questions you have or others with your bank will help. Welly:)

Multiply the total claimed (without court costs) by .00022 - this gives the daily rate where 0.xx = xx pence.

I assume you mean particulars of claim. This should fit the1080 characters and 24lines Halifax registered office address Claimant has account (A/C No) with Defendant from (Date)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00) taken by Defendant in charges over (X) years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e. In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date) to (Date) of (£0.00) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00).

i had a similar problem on my thread, but it seems that NatWest hardly ever record manual intervention, so the statements are about all you're gonna get from them. http://www.consumeractiongroup.co.uk/forum/showthread.php?t=6505

I found a thread about if they try to close your account - http://www.consumeractiongroup.co.uk/forum/showthread.php?t=36 I think it's the right one.

meant "in the red" sorry

Well done, keep us posted.