Regards to All

Looking good so far Angel but you have tomorrows date as the date of being deemed served, that doesnt leave time for it to reach them, I'd change it to mondays date and make sure its posted tomorrow. Have the insurances been added into the loans? If so then cancelling them may not reduce the costs, much better if you can show they have been missold and were never of any value to the debtor.

i'd go over the agreement's carefully to see if they are properly executed or unenforceable, do they contain all the prescribed terms under the OFT guidelines for consumer contracts, have a look in the cca thread, also in sure under the UTCC reg's if there is an unfair term/terms ie the charges then i'd argue that the contract/agreement is void unless it can operate without the unfair term in place. would take a court to judge that one though. maybe one of the mod's would help better than i can but at least it's a good start.

Thanks to you both - I just thought they way use this to wriggle out of it!!

Thanks superstar

Thanks for your prompt reply Dave. Yes, I think it is a loan. I would also like to add that they said my last payment was 2004 but I have no recollection of this being four years ago or more. Can banks just pass a debt around to anyone they please for money?

Info Commissioner might be interested to know about Carter's activities. B Carter & Co is still registered as a data controller as are Crellins but the new entity isn't. Could there be a breach of data protection act legislation there?

Wake up - you don't have time to sleep - and believe me - speaking as the father of nine year old twins it gets much worse enjoy it while you can!

Hi Mr Bump. We are in a similar (but slighhtly advanced) position. GE Money have refunded all the charges several weeks ago by cheque, which we duly cashed (and spent, unfortunately). We pressed on for the interest (about £200) and Salans (GE Moneys solicitors) have filed a defence, which we have not yet received. So its basically the same process as the banks. I rang Salans and asked them if they wanted to settle before I spent any more of GE Money's money by submitting an AQ. THey said they would get back to me as they were awaiting instructions from their client. Steven

Firstly, have you received a Notice of Assignment from Goldfish telling you that they've sold the debt to Westcot? And one from WEstocot saying they've bought it from Goldfish? If not then Westcot are only acting as agents for Goldfish and I don't think they have the right to enter a default as they are not the creditor. Secondly, have you got a copy of your credit file which clearly shows Westcot as having registerd a default in their name or is it simply carried over from one registered by Goldfish, in other words are they updating an exiasting default or is it a separate entry? Point 2, It doesn't have to be the creditor, as the CCA says, they are obliged to supply the documents whether they are the original creditor or not. When did they place the default, was it after you stopped paying through paypal, after they defaulted on the CCA request? Under CCA 77 - 79, if they do not comply within 12+2+ 1 calendar month then they commit a criminal offence under the Act. I'm not sure how to advise you what to do now but strongly suggest you contact Diskmandave, he's the expert here on DCAs. Hope I've helped in some way, I'll subscribe to keep up to date and help if I can.

That is completely different to saying that a test MUST be carried out every 5 years - it is simply stating that electrical equipment must be safe, which is no different from what the law has been for some time. This "due diligence" can be shown in any number of ways, compulsory tests are certainly not the only way to do this, nor is there anything set in law regarding how to show this due diligence. Also, not all electrical works in a property are subject to Part P.... Perhaps most to the point, I would be extremely interested to see any statute or case law that shows that EAWR applies to private lettings, having just read the statute on the OPSI website - I would be amazed if this were the case. Unless shown otherwise, and the above does NOT show otherwise, I stand by my point that electricals have to be safe, but there is nothing set in law to state what is "safe", nor are there any mandatory checks to perform by landlords - as opposed to gas regulations for example, where a landlord MUST have a valid gas safety certificate at all times. Clearly, a prudent and professional landlord will have his electricals checked periodically(ideally every year), and have ALL electrical work performed by a qualified electrician. However, this is because it is the best(but not only!) way to cover himself from liability, NOT because the law states it, in much the same way as, for example, a landlord should ensure that flagstones in a garden are level, as he would be liable should someone trip and break a bone. I would love to prove this in someway, however as the saying goes: "it is easy to disprove a theory but impossible to prove it" - ie I cannot prove something does not exist, but it can be easily proven that it does by producing it. Perhaps the easiest way to sum up is that the difference between gas and electrical safety in this regard is that gas safety is covered by CRIMINAL law, electrical safety covered by general liability in CIVIL law. This therefore makes the difference between when a claim can be pursued. As it is law to have a gas safety certificate, you can pursue this as soon as the landlord does not have a valid certificate, regardless of whether the resident suffers any loss/injury/damage due to this. However, as in civil law you cannot pursue unless someones negligence has resulted in your ACTUAL loss or injury, you cannot pursue UNTIL something happens. Somewhere certainly the law should be revamped, but this is the case currently. Sorry Kinzy, you are clearly knowledgeable in your field, and you will certainly be a welcome addition to the forum in this regard - however, I must disagree with the specifics mentioned with regards electricals in private rented dwellings. As a side note welcome to the forum jessop, I am glad someone is now kicking about with some knowledge on HMOs, as that is my main lax area in letting law! I am sure you will come in most useful

If HSBC have actually offered part payment then you can accept and continue for the rest. I suspect however they have offered payment as full and final settlement, which you can eiither reject or ignore.

well done crampers, I am afraid WF do not like sensible negotiation.

These companies have a nice line in EDIT: "administative charge" = penalty, "service charge" = interest. Reclaim both. Steven If this post is helpful, please click the scales

If you have made any mistakes on the amounts claimed then please amend them as soon as possible to prevent problems, good luck

There are a few things which are a must for you to do: Read the faqs http://www.consumeractiongroup.co.uk/forum/faq.php 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 http://www.consumeractiongroup.co.uk/forum/ 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 took years for the banks to collect it, so don’t be disheartened to find it takes more than a few weeks to get it back! Ask any questions you feel you need, but please remember someone may have already asked the question, so try searching for the answer first. Its your money, your responsibility, your job to get it refunded. We are here to support, guide and assist. If you are approached by anyone offering to do this for a fee, tell them NO and report them to admin / mod. You can do it, we all had to start somewhere and have been successful. You don’t need to lose up to half your money getting it back and you don’t need to have a degree in law!! A few things you might want to consider: This site is run by good people who offer their time and advice freely, however it costs them money to run it. One way you can help is by getting a CAG email address. Find out more here: http://www.consumeractiongroup.co.uk/buy_email.php You are a newbie, and as you are reading this, chances are another newbie is signing up. So give a little back and support others when you feel ready to. You can do this by keeping your thread updated so others can read, and maybe offering advice to those who are at the stage you have already completed If you would like to donate to the site once you have been successful, then it would be extremely appreciated, especially by those who we haven’t helped yet….because by donating you are helping to keep the site free. Use our links to go to other sites; we currently have links to amazon, u-switch and a general search engine. This really helps. The letter you sent giving them 7 days should have been the LBA which gives the Bank 14 days. Please please to enable you to go through the claim without hassle read the FAQs carefully and understand the process, it saves a lot of worry and problems later on!! Good luck

Gracie You don't have to answer cobblers at all. You only need to supply information if requested by the court. However, this is the opportunity to rectify the other problem. Redo your schedule with the proper dates and descriptions and send to cobblers with a covering letter, copied to the court. Steven If this post is helpful, please click the scales

Daily rate is just your charges (without 8% interest) x0.00022 eg £495 x 0.00022=£0.11p

Have youtried opening another account, and asking for a £500 overdraft? A lot of the banks will match what you already have/had, and one is as good (bad) as the next. This would also acta s your parachute account. Iu set mine up with Halifax and they took care of transfering my direct debits and everything. I don't use my barclays account at all, but am keeping it open purely so I can withdraw the money they give me back over the counter, and then I can close it down with a wad of money in my pocket! the feeling will be good!!! Peter

now is the time to start nudging & continue to do so every 10 days until you get your offer. pm one of the mods - crusher is very accommodating

Go for it, he has surely twigged by now what is going on, and his ar_ _ hole must be twitching like a starfish gasping for air.

Well said pd. i forget the welcome stuff all the time! :o

From what i have seen so far it shouldnt make any difference, but im sure if some one with experiance in this knows any different im sure they will tell you.

Solicitors Regulation Authority Victoria Court 8 Dormer Place Leamington Spa CV32 5AE Northampton Bulk Clearing Centre refuse to believe Bryan Carter and Co doesn't exist anymore. When I asked them to ask the Law Society they said, "we shall ring and that will prove if they exist, thank you".

Glad to be able to help gyp

Yes, I can see how that is misleading. What it should say is that the extra 14 days only applies if they file their Acknowledgement of service within 14 days of the date of service and in any case, they only get a total of 28 days from the date of service. Well spotted.

Hi PriorityOne....l went to bed before you posted, but thanks very much for the draft letter. I am writing my letter to the judge now and can only hope he/she has a sense of fair play. Will post tonight with news of the outcome. With kind regards to all who have offered advice/support.........Valdez

We have to stop meeting like this Dar£n; people will talk! :D

Hi steviee Yes calculate the interest they have charged you on the charges and put it in your prelim. If you end up with effectively a fixed claim, ie charges plus a fixed amout of interest, you can add 8% on top on your court claim, if it gets that far. There are various choices as to how you calcualte interest. They charged you the unauthorised borrowing rate whenever you were over your overdraft limit. Otherwise they charged the authorised borrowing rate. If you want to claim back just what they charged you (which is probably the most justifiable) then you need to do a smoer sophisticated calculation than just using the unauthorised borrrowing rate. Having said that, some people have successfully claimed unaurthorised rate on everything. Steven

Hi Deeeek Quick answers to you questions: 1. SAR to Gogarburn address is correct. 2. 40 calendar days from date they received it. If you didn't send it registered, assume two days after posting. Steven If this post is helpful, please click the scales

hi Katieandscott, dont be concerned that you have not heard, they are snowed under;) . And we are all here to help one and other:D Who knows what the time scale is with Lloyds TSB, its just a matter of following the procedure, with the correct time scales, and you will get there:) I started in feb, my court date is in July, so just doing the waiting game and reading as much as I can on the way:p This should help Guide To Reclaiming Bank Charges **##~~~~**##~~~~ Read This First !! Happy claiming:)

Hi Shoe Em, LOL yes, please upset the right person, in your copy of their defence there will be some letter headed paper, there should be an address started Location XXXXXX Abbey house or somethng, you can get the name of the person dealing with your claim from their signed acknowledgement and probably the defence itself. sorry for the appalling spelling, it is very late

"there is no legal requirement for any customr to sign an agreement for insurance" Now that is a very interesting comment, so they seem to think that they can simply send out an insurance policy and charge you for it without providing any evidence at all that you had in fact agreed to it. Now I am no legal eagle but I can smell a Rat here. They have also stated that the policy has expired, are you still making payments for PPI ? Can you remember agreeing to this Insurance in a telephone conversation ? if a telephone conversation did in fact ever take place. Did you ever in fact recieve any documentation or policies relating to the PPI ? I for one would not accept their response to this one, I would be inclined to follow this up with a LBA demanding that all PPI payments plus Interest at the contractual rate are refunded. If they cannot supply you with any actual evidence that you requested this PPI on both of your Accounts then I would recon that they are basically giving you the run around. Ian

Hello and welcome to the 'we all hate Lloyds TSB forum'...lol. Please don't panic everyone here is fantastic and we all guide each other along each step of the way. The most important thing to do is read, read and read some more ..... but dont panic....It can be rather confusing to begin with and my advice would be not to start anything until you are good and ready. This link may help, it was a godsend to me and is still in my favorites now (in fact my favorites folder is filled with Consumer Action Group links........OMG.........I admit, i have become addicted) http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html XxXxX

Ok peeps as expected no reply as of yet from DG will give them another nudging letter at the weekend if nothing arrives but I think they will leave it till nearer the court date that has been set for july. But on a brighter note guess who's ordered a new ST

You can also speak to National Debtline on 0808 808 4000 for free confidential advice. The important thing to remember is that unsecured creditors like cards loans etc are actually quite limited in what they can do if you don't pay the full amount. You should start by doing a budget sheet but under your outgoings just list your essentials for a decent standard of living - NO MINIMUM AMOUNTS TO CARDS OR LOANS!! If you do the budget this way you will get a realistic 'surplus' figure when you deduct your essentials from what you have coming in. This surplus figure is all that you will have to offer between the ' non priorities' like credit cards. Depending how much you have you will then have 3 or 4 options to deal with the debts. If you have an overdraft with your current account bank ( or any other debt with them ) you will need to look at moving bankS AS THEY COULD TAKE THEIR PAYMENTS REGARDLESS. Any overdraft you leave behind is just another debt like a credit card. Do phone someone to get proper detailed advice though - a budget sheet is just the starting point. Good luck

Hello southcoastgirl,firstly let me say welcome to CAG,you have come to the right place in that people will try to help you and that hopefully no one will judge you. I`m no expert but talking to CCCS is a great move as you have realised that you cannot go on as you are, If i was in your position i would take some time to prioritise your debts,obviously things like the mortgage,council tax,utilities must be paid first. You have started the ball rolling on that score,by adding up your liabilities compared to income. With regards to bank charges have you got any info of the amounts involved ? as that could help pay off or go towards your committments Good luck regards S

Hi Click on here: http://www.consumeractiongroup.co.uk/forum/lloyds-bank/ Scroll down a little bit until you see a bluey/grey box that says "New Thread", click on that, call your thread "Blackbelt V Lloyds TSB" or something, then away you go. You can ask any questions on there and we can see what stage you are up to. Barty:) http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html I WON!!!! :D If I have helped, please click my scales:)

Thats all the Halifax put on, so they will have to be satisfied with it.

Thats all you need to put on the spread sheets.

Just to tidy up (in case anybody else is reading this): If you file using MCOL you must send a copy of your schedule of charges to the court and SCM as this cannot be included as part of the particulars. If you filed using N1 then the schedule of charges can be attached to the N1 and no need to send another copy. In this case, I see from Post 5 that the 9 point defence has been issued so I take it from this that SCM have the schedule. The 14 point defence is usually used where no schedule has been issued and the claim is filed using MCOL.

yes i would. Use the calculator in the bank template forum. It will work it all out for you. Jos

Hi everyone, further update on my quest for my Subject Access information. As you know, I have been in contact with a Janet Ayres the poor lady from data Protection Department who informed me that for some reason the departments involved with processing the information will for some reason not let her process mine. I asked her if she could write to me with a reason as to why this is. I recieved this letter from her today. Dear Pen I refer to our recent telephone conversation in respect of your request for your Information under the Data Protection Act. As explained, this data is produced from a separet department and i emailed your requested to them again following our intial conversation and, again following your subsequent telephone call. if you feel that your request has not been compiled with it will be nessasary for your to contact the copy statement unit for an explanation. Please except my apoligies for the fact that i was unsuccesful in collating further data relating to your accounts and, should you have any queries in the future, do not hesitate to refer to our customer service requvery department. yours sincereley J L Ayres. Data protection Unit. So still no joy there then. by the way I have also wrote to the copy statement department on 2 occashions so far they have ingnored my letters. I've now given up trying to get this information myself from the bank, i am going to place my confidence in the judge, lets see what he orders next month at the disposal hearing Pen

And now for the letter from Trading Standards this morning! Absolutely a victory for all of us! I'm so happy right now I can't describe it!! Regards, Dave.

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 took years for the banks to collect it, so don’t be disheartened to find it takes more than a few weeks to get it back! Ask any questions you feel you need, but please remember someone may have already asked the question, so try searching for the answer first. Its your money, your responsibility, your job to get it refunded. We are here to support, guide and assist. If you are approached by anyone offering to do this for a fee, tell them NO and report them to admin / mod. You can do it, we all had to start somewhere and have been successful. You don’t need to lose up to half your money getting it back and you don’t need to have a degree in law!! A few things you might want to consider: This site is run by good people who offer their time and advice freely, however it costs them money to run it. You are a newbie, and as you are reading this, chances are another newbie is signing up. So give a little back and support others when you feel ready to. You can do this by keeping your thread updated so others can read, and maybe offering advice to those who are at the stage you have already completed If you would like to donate to the site once you have been successful, then it would be extremely appreciated, especially by those who we haven’t helped yet….because by donating you are helping to keep the site free. Use our links to go to other sites; we currently have links to amazon, u-switch and a general search engine. This really helps. Thank you for joining CAG, and good luck.

Address for **** is Sechiari, Clark & Mitchell, Dept. SO, PO Box 499, Lower Ground Floor, 1-5 Queens Road Quadrant, Brighton BN1 3XJ skb

Hi It always goes to Northampton Court, and then it's transferred to your local Court in a few weeks. You also need to send a copy of your latest schedule of charges to MCOL if you haven't already: Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to: The Court Manager, Money Claim Online 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 the amount in charges equates to the total amount of my claim, namely £(AMOUNT). I respectfully request that the enclosed schedule should be attached to the particulars of my claim. Yours Faithfully And when your claim is acknowledge by Lloyds, send a copy of your schedule to their Solicitors. Barty:)

Hi You should use their Registered Office: Lloyds TSB Bank plc 25 Gresham Street, London, EC2V 7HN. Barty:)

As you filed using MCOL 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 the amount in charges equates to the total amount of my claim, namely £(AMOUNT). I respectfully request that the enclosed schedule should be attached to the particulars of my claim. Yours sincerely, Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim Dear Sir, (Your Name) -v- (Bank) Claim No: ******** Date Issued: xx/xx/xx Please find enclosed a copy of my schedule of charges relating to the above claim. Yours faithfully

Guide to the new AQ strategy In section G (H if N150) of the AQ, you get the opportunity to add any other information you think may help the judge manage the claim, or make a request for specific orders that you want the judge to consider making. Untill now, we have always requested an order of standard disclosure in this section, as per the AQ guide notes in the templates library. A standard disclosure order, if it were ordered by the judge, would oblige the bank to fully substantiate exactly how its charges are made up and provide costings and documentary evidence, etc. Trouble is, that standard disclosure is not availible in small claims cases - it is only usually ordered in the fast and multi-track. Judges do have the power to order it in small claims cases if they see fit, but up untill now they have been very reluctant to do so. In fact I'm only aware of a handful of cases in which it has been ordered dispite it being requested in hundreds of AQ's. So now, instead of requesting an order of standard disclosure in the AQ, there is the option of requesting the directions as per the draft order on the previous page. If ordered, this would still oblige the bank to produce all the important documentation that a standard disclosure order would - but, in a form that is far more likely to be agreed by the judge. These directions are already being routinely ordered by some courts in small claims track cases, and it is fairly likely that if proposed most judges would agree to them. There is certainly no obvious reason why they would'nt, as is the case with standard disclosure. So, if you want to request the directions on the previous page rather than standard disclosure, you need to attach the draft order (as per BF's post #2) to section G of the AQ. In the section G ('other info') itself, see below. If you have a N150, attach it to the 'proposed directions' section and see below for a suggestion of what to put in 'other info'. The AQ will then go off to be looked at by the judge to consider the case file and AQ's and to allocate your claim - set the date, issue directions, etc. You will then in a couple of weeks receive your notice of allocation from the court, which will contain the track, the date and the directions the judge has ordered. If the judge has aceeded to your request and ordered the directions as proposed, you will THEN have to submit the claimants documents as per a), b), c) and d) of the order. It is VERY IMPORTANT that you then know exactly what you need to provide and submit it to the court and the other side within the date specified on the order. If you don't submit it, or don't submit it on time, your claim will then be struck out!!! Once you've filed and served your documents, the bank will then have to submit theirs within their specified timescale. Going on past evidance, it is highly unlikely (although not inconcevable) that the bank will comply. They will probably either settle before the deadline, or default and have their defence struck out. As discussed previously on this thread, the other big advantage of these directions is that the defendants documents have to be submitted within 28 days of the order. Therefore, the claims timescale would be considerably shortened as opposed to the standard small claims track directions, which don't require document exchange to take place untill 14 days before the hearing - which obviously in some cases could be months! ___________________________________________________________ Please note, there is now a condensed version of this thread containing all the important information in one place, here - http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html ___________________________________________________________ Passage for section G/H - 'other information' (you'll need a seperate sheet) Attach it to the AQ followed by the draft order. Then in the actual 'section G' box of the AQ, write this; Then obviously send a copy of the AQ and attachments to the defendant as well as the court.