just bear in mind that if it's only the interest component that puts it over £5k, then it can still go small claims. IMHO you need to have a very good and justifiable reason for splitting claims, and if it is well over the limit you may have to bite the bullet. However, there does seem to be a few cases of larger claims being schedule to the SCC as some judges do seem to realise that although the amount is larger, the principles remain the same.

No, I wouldn't say "not acknowledging debt" at this stage. What I would say is that "this account is in dispute" - that will buy you time & see what they come up with

any chance of you posting up here so we can examine?

the debt becomes unenforceable after the initial 12 working (+2) days. They then have a further one calendar month before an offence is committed. However, if they come up wth it after this, it becomes enforceable. The only sanctions are those that may be imposed by TS of ICO if you complain to them - and it appears that both these bodies do not see the need to prosecute for non-compliance. IMHO I would sweat out the whole time-scale. By alerting them after 12 days that they haven't complied, means they may well rush around and locate an agreement (if there is one) and thus satisfy calendar month rule.

If they can't supply the debt becomes unenforceable

It demands a single-minded commitment to Customer satisfaction. Meeting this commitment requires excellent standards, good people, and constant attention to the importance of each Customer. It means having an attitude—the MBNA attitude. I thought you might all enjoy this little snippet from MBNA's website. I particularly liked the last sentence. Now here's your chance to voice your opinions as to what constitutes the "MBNA attitude....."...answers on a psotcard please.

heavenly - if you go onto the websites for TS etc, it will tell you how to complain - you can do some online

if that's what you've got on the document, then it's an application not an agreement - any chance of posting it up?

Hi Redurn, I think what I would do is just slightly modify the partial settlement letter - just add in somewhere that the amount they have unlawfully charged is £XXX and substantiate this with the spreadsheet. Hope this helps and keep posting!

yes, there is a letter in the bank templates section which you can use - let me know if you can't find it.

No you should go for the whole lot. What the OFT says is neither here nor there. The banks cannot make a profit from penalties, it is unlawful to do so, and you can quite legitimately claim back in it's entirety.

An application form can never be an agreement. An agreement, however, can embody application details. Unfortunaely, TS seem to work independently of each other, and what one TS advises, another may contradict.

Can you really imagine MBNA knowing what went on 6 years ago - blimey they don't even know what's going on today!

Sorry Dave - I'm just not with you - cancellation rights are not just applicable to you, they are applicable to everyone who took out agreements when those particular cancellation rights were in force - but you are the subject in a SAR and it's YOUR particular and personal details you are asking for when you SAR them. IF your CCA mentions cancellation rights AND a Cancellation document they must send these to you as part of a CCA request, not a SAR.

But if there is a cancellation document, it would need to be mentioned in the CCA, and the CC Act states that they must send you any documents referred to in your agreement as part of your CCA request. I know the cancellation doc. has to be specific - but it is not about YOU specifically - so it's not related to the SUBJECT as in S.A.R - (Subject Access Request) - it's related to the CCA, it's not anything to do with the subect, it's an OBJECT of the CCA

you need to add on to the 40 days the time between the date of their letter to you and the day they received your letter - so if that was say, a week, you need to give them 47 days from original request. After all, they had your SAR otherwise they couldn't have replied asking for proof of address, so it's just that amount of time it took to exchange two last letters.

ah un1 - you've just gone full circle - back to TS and we know how you love them! (That's why I didn't mention who you had to complain to:D )

12 working days (+ 2 for posting) and they are in default a further calendar month and they've committed an offence.

it doesn't, because a SAR is providing information they hold about you personally and your accounts - cancellation rights would only refer to a CCA

wouldn't we all Fred

Hold on Term....S85 doesn't say anything about a new agreement being signed?

I suggest that you take a look at this Sticky: Can't Find What You're Looking For? Here's A Complete A-z Index (1 2 3) and also read the FAQ's so that you are fully aware of the process

Davey, that may - and I only say MAY be better for you - do you know when they sold it to Link? Because up until very recently, the original documents appear to have been lost/destroyed when passed on to Link.

Hi Kate - Good letter, I hope it brings desired results. I note what you said about peeps being "cross" with you! IMHO it's not a case of getting cross, it's just kind of undermining the whole principle of these campaigns if you say "I want MY money back, which you have taken unlawfully from me" and they say "BOO!" and then you say, "oh but I'll take less than I first asked for". It's really a bit like having your house burgled and identifying the burglar, and you tell him/her you want all your posessions back because they are yours and they've been taken illegally,and then telling them that they can keep the LCD TV and the DVD if they give you the rest back....if you get my drift. Still, it's what you feel comfortable with. Keep us posted!!

chillipepper - the 8% statutory interest is the figure that the court MAY award you, if you have not claimed any interest, or had claimed the contractual (i.e. what the bank charge you)interest in your original claim and this was turned down. That is why the 8% is not added until the court stage, as it is a decision for the judge.Yes, do a revised schedule. And I would also recommend you read the link to the new user's guide as it seems you are not sure about much of the process. Good luck