However, if they are worth quiet a lot maybe its worth waiting the extra week! Im in the same boat with HSBC they have settled £1290 on a £1300 claim. but whilst claim was going through I got £300 (one reason or another), so I am going to put another claim in!! Good luck though! Which bank/s are you claiming with?

Hiya You can only add the charges that you have paid already, not the ones due to be paid,(nov 1) coz you aint paid them yet, However, you can add any charges up to the time of court, Hope that helps you.

you can claim for a closed acc the bit about the sar request is that you have asked them for details of manual intervention

To be honest yes you have gone about it the wrong way, a paperchain would have been the correct procedure, but all if not lost, i woudl recommend that you now send them a letter before action giving them 14 days to refund you or if not you will issue small claims, you have letters which is good so one letter requesting a refund should be sufficent! It you go into the bank templates library and you will see "letter before action" sent it with proof of postage and perhaps to the address where you last letter came from. After 14 days it then time to make a small claim but really as you havent really 100% understodd the process you need to read up more about that bit before you even start it! Sharon

MBNA are notorious for confusing people and your case is typical. As you say your in the process of claiming your charges back, and you are at a stage that MBNA are looking into the matter it would be fair to argued that the amount of debt is in dispute. If this is true then MBNA had no right to sell the debt on in dispute. You could then inform Fredrickson you do not acknowledge the debt etc….and concentrate on MBNA regarding your charges. If your not at this stage however, dispute the debt with Fredrickson using the CCA request (Recorded). You don’t have to outlining the reason i.e. unfair charges. This will have the effect of putting the account on hold until they produce the documents requested, and bypass the possibility of the refusal for time to gather your information. It is your right then, NOT to have to pay anything during the CCA process until satisfied. Regarding the above, this is absolute rubbish. You MUST ask them for a copy of your signed consent for them to process your data. To quickly explain; When you first take out credit with the provider, you sign a credit agreement. Within this credit agreement you give the provider permission to use and share your personal data, to a CRA for instance. When they sell the debt this consent cannot be transferred to a third party. When a DCA buys the debt and then approaches you, there are two points to understand and each is important but different. The DCA has to prove the debt is yours. The DCA has to prove they have your permission to process your data. With the CCA letter you are asking for proof that you owe the debt. This will be in the form of the signed true copy of the original agreement. And proof they now own the debt i.e. Deed of Assignment. This is why the CCA request is so important. If they cannot supply all the relevant documentation then the debt is unenforceable, that is to say they can only ask for payment and not take any action. However, if it does turn up then they can take action. As for your data, when a DCA purchases the debt, when they first contact you, they must provide you with a deed of assignment PLUS a letter for you to sign containing authorisation for them to process your data. This is because the credit provider cannot transfer your original permission because consent is not given in perpatuity. Not having your permission means they, the DCA cannot process your personal data or pass it to any third parties, as this data is unsubstantiated and therefore can’t contact the Credit Reference Agencies to lodge defaults. Any defaults lodged can be removed under the provision of CCA section (159) and to stop them processing your personal comes under CCA section (174). Reading "default hell" shows that they have to abide by your rights even though this severely restricts and often halts them managing your data i.e. your account. Because the DCA hasn’t followed the correct procedure means they have now got the problem of not being able to satisfy the requirements of either the CCA or the Data Protection Act. And consequently fall foul of the law with the threat of summary conviction even if they don’t continue. Now faced with a "hot potato" they have the choice of dropping it or burning their fingers. Whether they go away is an option they have to seriously consider, especially when the Information Commissioner gets involved. I hope you can understand the difference, but both are important in there own way. Regards.....Turnaround

Derek I would suggest completing ad returning the Court AQ, don`t delay just because Abbey can`t get their act together. It is strongly felt that Abbey pulled the plug on DLA Piper as a further attempt to delay claims, and by bringing legal inhouse I`m sure they are expecting courts to allow more time for them to get up to speed with cases. My guess is that courts will see right through their ploy, and dates will be set to hear cases as normal. If you complete the AQ then Abbey will know you mean business, and will be more likely to settle sooner rather than later, if you delay in returning the AQ you could be just playing into their hands and they could keep you waiting for even longer. Only my opinion stated here, but if you feel it helps please click on my scales.

Hi tinka well done for starting to read through the site, its the best way to get the knowledge. Don't forget to start a thread under the correct bank section, follow the link below " list of banks". regarding your sons PPI. I would gather some info and place a detailed question about it in the insurance section, theres a lot of info here and members have vast experiences we all help each other. Good luck BL:)

read up on barclays forum. you WILL get the full amount returned to you. just follow the template letters and read the faq's on forum

karen- when the time limit is up- report them to trading standards

Combine the two by amending the 1st paragraph of the LBA Thank you for your letter dated xx/xx/xx and settlement offer of £ XXX I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

Firstly, make sure you have copies of all documentation (sar, prelim, lba etc) If they want to present an argument (which is unlikely) - dont forget your main issue is that the charges are not justifiable due to them not being commensurate with the expense incurred by the Bank and as such are deemed penalties. It is the banks responsibility to show their costings and how they arrive at the figures. This is where they will fall down. In terms of back up info and law etc, it is all in the forum header and I would really spend some time going through the other threads where people have been as far as you (there are loads). I will have another look through and see if I can dig some out - there are dozens - I just cant remember right now as I have been glued to this site for weeks! j

What I would do is when you submit your next letter send the amended schedule of charges (one without the 8%) and alter the amount on the letter accordingly. A lot of people make this mistake. Boo

yes claim them all its the same with me went up from 27.50 to 125.00 my god what are they charging us for then

I'd send it now if you can estimate the charges. They'll soon provide the information if it comes to court stage and you've overestimated.