I would advise against using the 8% CCA interest as you are perfectly entitled to use the contractual interest fee which is normally much more (in the case of my Capital One account it is 4 times more). There is some debate about interest being part of the £5000 small claims court limit. I am of the opinion that any interest is outside the amount considered for allocation (so the £5000 limit only applies to charges and DPA cost). I have asked Bankfodder this and am awaiting a reply. The CPR (Civil Procedure Rules) that apply to all County Court Cases states. CPR part 26.8 (2)(b) states. (2) It is for the court to assess the financial value of a claim and in doing so it will disregard (b) any claim for interest. This is the viewpoint that Patricia Pearl has in her book " Small Claims Procedure"(available from this site).

Haven't had the chance to get on the forum much lately, but worth bumping for anyone who hasn't seen it yet. Some good posts here. Incidentally in the four months since I first posted this it's worth pointing out that by using this method I haven't paid a penny interest. OK I only have a small credit limit to play with but as originally stated remeber that whatever you owe on your credit card bill you WILL save money in interest this way, and eliminate late payment charges etc. Now trying MAKING a bit of interest - even if you don't have a good credit limit and can only get a basic bank account. I do it using a basic Halifax Easycash bank account and a Halifax Web Saver account. The Easycash account doesn't offer a debit card, cheque book or overdraft but does offer direct debits, standing orders, bank transfers etc. and can all be done via internet banking. The Web Saver account is exactly that, an internet-based savings account and pays over 4% interest (can't remember the exact rate at the moment but I think it's slightly above base rate). The beauty is by using internet banking you can transfer all your money to and from the savings account instantly, so keep as much as possible in that and as little as possible in the Easycash account until a payment or direct debit is due, then simply transfer the funds you need back from the savings account - as I said the transfer is instant and the funds are available immediately. Other banks will have similar options but check that any transfers between accounts are immediate.

In the name of fairness (and I know Abbey isn't terribily fair, but we don't want to sink to its level, do we?), it would be best to send a further LBA. Recorded Delivery is a pain in the ar$e. It regularly fails to deliver and what you have now, having used it, is a valid excuse by Abbey that you didn't give sufficient notice. Had you sent by first class, then as with the courts, they would be deemed to have received the notice within 2 working days (someone please correct me if I'm wrong on this point). It's quite academic anyway. The chances of Abbey paying up just because you warn them of impending legal action are slim at best. All you have now is an extra 14 days to wait over what you might have expected before. Plus an extra 14 days interest.

I have seen so many threads since joining the forum about people being harassed, I thought I would start this thread allowing people to understand their rights on reporting harassment. I went to the CAB following significant harassment from Nat West and First National a few years ago – went to court with the backing of the CAB and won. Below is an extract from the CAB handbook and is full of good advice to anyone being harassed – therefore talk to them as they do a damn good job is this area. Thanks CAB:-) Some suggestions When ever a bank calls you or sends threatening letters to you regarding debt – Keep a full diary of events and this can be used in court at a later date. When someone from the bank telephones you – be polite. Ask for their full name, who they are representing and their full address so you can communicate in writing to them – Note that in the event of the person on the phone being reticent in giving their details – state to them that you are unable to discuss a confidential matter until you know who you are talking to and in what capacity they are calling – If you can get it ask the name of their manager or who they report too. Keep a record on these details – the nature of the call, the attitude of the individual calling and how many calls you receive from the organisation. Keep a full and clearly written diary as this would be used as evidence in court when and if making a claim of harassment. One thing that you should know is that courts effectively have the power to remove the debt owed if harassment can be proven but in normal cases this will only be applied in extreme cases. (Note the moment you get the CAB to right a cease and desist letter on your behalf, the calls usually reduce significantly. So What Are Your Rights? Reporting the Harassment (taken from the CAB handbook) 41: Harassment of debtors is a criminal offence in England and Wales under Section 40 of the Administration of Justice Act 1970 and in Northern Ireland under the Judgement Enforcements (NI) Order 1981. This legislation states that:- ‘A person commits an offence if, with the object of coercing another person to pay money claimed from another as a debt due under a contract, he:- (a) harasses the other with demands for payment which, in respect of their frequency of; the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation; (England & Wales only) (b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it; © falsely represents himself to be authorised in some official capacity to claim or enforce payment; (d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not; or (e) (in Northern Ireland) falsely represents that the process of any court or the EJO has been issued or that any judgement has been obtained in respect of money claimed.’ 42: This offence applies to both the person(s) who undertakes the illegal debt collecting practices and to someone who arranges for or conspires with others to do this. 43: The first offence is triable in the magistrates court only. 44: If the client believes that a debt collecting agency is committing an offence, s/he should report the matter to the police who can prosecute 44a: In Scotland, the harassment of debtors is not a specific offence. However, threats of violence or using false pretences (for example, pretending to be a Sheriff Officer) or threatening criminal proceedings are criminal offences. 45: It is also open to any person to initiate a private prosecution against an individual or organisation who is committing an offence under the legislation. This is done by applying to the magistrates’ court for a summons. The client or an advisor should go to the local magistrates court with the relevant evidence (for example offending letters and signed copy of diary of events and ask for a summons. This will usually be issued without formality. There is no charge for issuing the summons – the court merely arranges a date for the hearing and delivers the summons to the debt collector. Advisors may wish to go along with the clients to provide support – however, they will not be allowed to speak, except as witnesses, at the hearing. 46: If the bureau has a client who is being harassed , it may be useful if the bureau writes on headed notepaper) to the creditor. The letter should be written in general terms, saying the bureau is advising the client that the bureau is familiar with the legislation and that bureau policy in all cases of suspected harassment is to refer it, where appropriate, to the police and/or to the Director General of Fair Trading (In Northern Ireland, Trading Standards). This general letter will let the creditor know that any possible harassment is now being monitored by an advice agency, and should, in most cases, put an end to harassment. The Bureau should also complete an Information Retrieval form and return in to NACAB. If there are many complaints about that particular creditor, NACAB may be able to make representations to the Office of Fair Trading, which could result in the creditors licence being revoked. 47: The Office of Fair Trading (OFT) has strongly condemned unfair and unscrupulous methods of debt collecting such as those described in this item. The OFT urge people to report firms using such tactics. Although they cannot take up individual cases in ‘unfair or improper practices, whether unlawful or not’. The client should report the matter to their local trading standards authority who will pass details to the OFT. 48: If the creditor is a member of the Finance Houses Association, the client could refer the creditor to their Code of Practice which states that debt collection methods must be of the ‘highest ethical standards’. Although the Code of Practice is not legally enforceable, it may be worthwhile to refer the problem to the association. The address is:- 18 Upper Grosvenor Street, London W1X 9PB

I’ve noticed that a number of forum members are finding the subject of “interest” confusing. It would be a real shame if anyone was put off claiming money they were rightly owed because of this. So I’ve tried to set out an explanation here which I hope will help some people, particularly any new members who might be finding things getting more complicated than they need. Please understand, I am NO EXPERT. This is just my understanding of the subject and I hope anyone who knows better will criticise or correct as necessary. But, in the hope that it might help, here goes ... … There are two types of interest we are concerned with:- 1) Overdraft Interest Overdraft Interest is charged to a bank account for any period for which the account is overdrawn. The amount charged varies due to the length of time the overdraft was in existence (of course) and also the rate, which is different for different levels of overdraft. In theory, Overdraft Interest is perfectly legitimate - they are charging us for the service of lending us money. However it becomes important to our claims when we remember that part, or perhaps all, of our overdraft at any particular point in time has been caused by the banks own imposition of charges which we are claiming to be unlawful. Logically, if the charges are unlawful, any interest on overdraft amounts caused by those charges should also be illegitimate, and therefore reclaimable. This is the interest referred to in the initial letter. It can be very tricky to work out exactly how much of your overdraft interest has been caused by unlawful charges. For this reason, and the fact that it’s always going to be a relatively small amount, many people don’t bother to reclaim it, and leave reference to it out of their letters. 2) Statutory (County Court) Interest When, and not before, you get to the stage of putting in your court claim you are entitled to add interest to the amount claimed under the County Courts Act 1984. This interest is applied at the rate of 8% per annum from the date the money was due to you, up to the date of your court claim. In our case this means a separate calculation for each charge being reclaimed, the results then being added together to make up the total to be included on the court claim (the spreadsheet in the library does this for you). To cover the extra interest for the period between filling in your claim form and the day you actually get the money you’re owed, there is provision to keep on adding interest at the rate of 8% per annum (equivalent to 0.022% per day). This is achieved by multiplying the total claim before interest by 0.00022 to get the amount by which your claim increases each day. This is the daily rate to be included on your claim. It should be noted that it will prevent you from being awarded statutory interest in court if you do not claim it on your claim form I hope that these notes might make some of you feel a little more confident about at least this aspect of the process.

As long as they are both in your name (even if 1 is a joint a/c) and together they are less than the £5000 small claims limit.

I was talking to an ex LLoyds senior banking executive and he was telling me how banks actually almost make you do what they want with services and things that they sell you. He actually told me Smile or even First Direct are good. However didn't sing any praises for Lloyds but i haven't had any problems with them. You could open a couple and see how it goes. However something i learned, LLoyds, RBS, HSBC and a couple of other groups are part of the clearing system so you will find processes will be abit quicker with them especially Lloyds as they own part of the clearing system. So personally i would say lloyds but its up to you. Good Luck.

Couple of smal suggestions. Glenn

If they dont give a copy of the executed agreement with the replacement card then they go into a default situation. They can get out of the default status simply by giving a copy of the signed executed agreement at any time. The problem comes when you realise that they can't profit while in default, now to my mind that means that they can't charge interest, fees etc as long as the default status remains in effect. Lets assume that a credit card is 12 years old and is replaced every 2 years. No credit agreement has been given since the first card was issued. The CC company has now been in default for 10 years. Expenditure on the card obviously would have to be repaid, but, for the last 10 years they haven't been lawfully allowed to make a profit from the cards usage. Ergo, IMHO they now have to refund all interest paid over the 10 years. Allowing of course that they now give a copy of the agreement. This of course is just the way I see section 85. I don't for one minute think it was included as a loophole, but more as a means of ensuring the consumer is kept fully aware that the card usage is covered by a regulated agreement. How this actually affects the time limitation I have still to look into but I am inclined to think it should override it on the basis that failure to supply the copy agreement after a total of 30 days in default constitutes a criminal offence for the company. Criminal law I believe usually takes precedence over civil law. In most cases the interest charged over a period of time would outweigh the actual expenditure unless the balance is cleared regularly. I wouldn't advocate not repaying money legitimately borrowed, but if they flout the law then I see no reason why they should profit, and I think thats why this section has been retained in the 2006 update to the CCA.

Right for some reason it won't let me change it but the above address will take you there. Having arrived click on MCN extra then on new page go to Advice and Tips.

Guys, please, you're making these things harder than they should be. They have to send to you notification in writing that they are sending a collector to your house, and you can then say 'no thank you' and they then cannot send anyone round...It's your house and your property guys, they can't just say 'we're going to send someone around to your house if you don't pay us!!'...If they do send someone round, you get your mobile and point it at them and say 'I'm now recording you, you are not welcome and from this second your are trespassing, I will prosecute you if you do not leave at once and NEVER return'. You then phone the police (though they will probably have scarpered by now) and say hold on pleae, I may need you to send a car around as I am being harrassed on my doorstep' you then smile a smug smile and say bring it on, sock-cooker...

No, most definately not PJ. That box essentially attempts to issue a CCJ against Capital One, and as much as we'd all like to... What you need to do is send the court handling your claim a brief note stating that the claim as been settled in full out of court, and you would therefore like to cancel it. However - don't do it until the money is in your hands.

You have already sent a letter under the Consumer credit act sections 77(1) and 78(1) on Monday they go into default and cannot enforce the debt or make a profit whilst in a default situation. Tha CCA is very specific about those points. I assume you sent the CCA letter via recorded delivery so you have proof od delivery and if you look on the Royal Mail website you can even download the signature of who signed for it. Hence no need for another CCA letter or another £1 postal order, although it may be prudent to remind them of their obligations under the CCA when you send the harrasement letter Making payments is not an admission of liability, you could have felt intimidated by their payment demands If the debt is mostly made up of charges send an SAR under the DPA and claim the charges + interest back that should help keep them quiet a bit longer As long as the account is in dispute they are not legally asllowed to enforce it and that includes sending somebody to your door. If anyone does show up take his name, explain it is in dispute and about to go to court and that any more attempts to harrase you will result in further court action.

When the Revenue were after me for lots of money (lots of thousands) I simply said to them this: "You have two choices, either wait for me to earn money and I can gradually pay off what you say I owe you, or Bankrupt me and get nothing, because I have nothing of worth... the choice is entirely yours, I'm not bothered either way!" .... of course, this takes a lot of balls... The upshot was after agreeing to pay them a few hundred quid "goodwill gesture" they decided to wait. That was a year ago, have since paid them more, still owe probably 50% of what they originally wanted, but they are STILL waiting. If he has not much to loose by Bankruptcy, then its a good challenge (I'm not saying GO bankrupt, but I found it very useful to let revenue know I had seriously contemplated it and was not in the least bit bothered by the prospect.) At the end of the day, even the revenue CANNOT get blood out of a stone... they cannot have what he hasn't got, simple as that. By giving the alternative of getting payment gradually or getting nothing at all and the debt being written off, which are they likely to choose?

HI The Data Protection is really just the request for your statements. Thats usually the first step if you are unsure of how much you are owed. We are all entitled under the data protection act to view information on us held by companies etc...

Hiya Carmel, The system is different in Scotland; there you raise a claim in the Sherriff's court rather than the County Court. If your claim is for under £750 you would issue a "Small Claim". If it's for between £750 and £1,500 you would issue a "Summary Cause". If it's over £1,500 then you'd issue an "Ordinary Cause". I'm not aware of any way of completing it online but if you phone any Scottish Sherrif's court (Edinburgh's is on 0131-2252525) then they will send you a booklet and claim form for whichever category of action is right for you. The booklet's very simple to understand, so don't be put off! Hope this helps - and good luck!

You need to go into the Bank Templates Library and load up the spreadsheets section, you will then work out how much they owe you in a table that you need to send in with your PRE LIM and LBA letters but make sure you don't include your 8% interest that you will see on the right hand side of the spreadsheet as this is ONLY used when you go to court. Hope this helps. Just shout if you need more help.

For those that have looked at their statements and may be wondering, what can i claim for?, and why are the descriptions confusing?, what about the overdraft interest is that claimable aswell? wonder no more. you can claim for anything which is deemed a penalty charge, which includes: returned direct debits, card mis-use, unpaid standing order, unpaid item, exceeding your overdraft, overdraft interest (see below), total charges (see below) notifed fees Unauthorised overdraft arrangement fees (more will be added as and when confirmation is found) you can not claim for: ATM (cash machine) usage (typically £1), an agreed overdraft fee, anything which is deemed a "service" by the bank (more will be added as and when confirmation is found) Overdraft interest This is the single most confusing part of most peoples claim, and one of the most frequently asked questions overdraft interest is applied to your whole overdraft, however if some of your overdraft is made up from (unlawfull) charges, then a proportion of the interest has been wrongly applied and is therefore reclaimable Example you have a £400 overdraft, you purchase something that day for £200 so now you are -£200 on your current account balance, but on the same day £200 of charges are placed on your account, which means that your current account balance is now -£400 and the bank will charge interest on the whole £400, but as we are contesting that these charges are unlawfull, then the interest should not be placed on the whole amount, only on the amount that you have actually spent, therefore in this example you can claim back 50% of the interest, however these calculations have to be done daily to truly reflect the amount which can be reclaimed, Dont worry, Vampiress has made a spreadsheet that will calculate this for you, you can find it here, but please read the instructions that come with it; Overdraft interest calculator thread Total charges (HSBC) Again this is another issue which many people aren't sure about, total charges are reclaimable, they are a seperate issue to the other afore mentioned charges (card mis-use, returned d-d's etc), and are not simply all of these charges added together each month. so they are also claimable on top of the other charges "total charges" also listed as notified fees refers to the charge they put on your account for going over your overdraft limit, this charge is calculated daily, and they can charge up to a maximum of £125 in one month for this, it is then debited from your account on a set date every month Important! For buisness accounts ONLY the "total charges" include a combination of reclaimable and genuine charges, and you will need a breakdown to exactly know what proportion of "total charges" are unlawful.

Actually, nat, that's not the problem: The problem is that the government tend to farm out all their schemes like that to the company who puts in the lowest cost bid, or who happen to be mates with one minister or another. This means that you get shoddy performance dirt cheap, because the idea of paying a reasonable amount for reasonable performance doesn't ever occur to them. It's no better than tax farming, IMO. I don't know who said it, but generally speaking "those people who most desire power are usually those least suited to wield it." The only decent politician I've ever met is Lembit Opik. Still, at least he proves they're not all ****.