In all honesty I cannot remember any of those details hance why I am disputing the bill. I think I will SAR and take it from there. Are companies like 3 controlled by the CCA?

Hoping anyone out there can help me with my query, I have just received a bill from 3 saying I owe them £114 for a contract that was cancelled 3 years ago! To say I was not impressed is to put it lightly! I stress I cannot remember this account fully and if I had cancelled the contract I would have paid the bill at the time and not left it hanging over my head! My query is can they do this? They have passed my details to the lovley people at Lowell Finance and I am now concerned they have screwed with my credit rating. Is there anything that I can do? So far I have called 3 & Lowell and told them I am disputing the debt. I will back this up with a letter. I will also write off to the CRAs to make sure they have not put anything on my rating and will let them know it is in dispute should they have done so. My thoughts on how to proceed are along the lines of asking them for copies of my consumer credit agreement. Is this a sensible way to go and if so do they fall under the same guidelines as loans/credit cards etc??? Ie if they cannot provide me a copy of this can I refuse to pay unless they provide me proof that an agreement was in place??? I am at a loss and would appreciate any advice as if I have ways to proceed or if I should just 'man up' and pay them??? Please help if you can.

well I simply sent SC&M a 3 line letter saying ref judgement at xxx CC, if payment isnt receieved in 7 days then I would apply for a warrant for execution against their clients, 2 days later money in account!!! Gooders

Well I got bored with waiting and as they have never responded to me I thought that I would go with the straight forward route of waiting for the judgement and THEN going for the jugular!!! Then I should let you know after a single letter of "pay up or I send the heavies in" they paid up with in a day!!!! Thank you LLoyds for over £5k......Mods please mark this as WON as I now have the money in the account! Please note I pledge to give 5% to this group because of all the help I have received!!!! Good luck to you all and now for me onto the next one!!!! Gooders

Ok me being bad, sorry!

Dolly, Thanks, youre a lifesaver! Gooders

Right, I have been called away at Vshort notice by work and unfortunately I have not brought my contact details for SC&M with me! I have the opportunity to use a computer so would like to get a couple of letters of can anyone give me the general address for their offices??? Any help greatly appreciated Gooders

PFS, Your right this is looks like you are getting the "we hope he goes away treatment"!!! You need to fill in the form available here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html then pay the fee. I used the following as my POC http://www.consumeractiongroup.co.uk/forum/lloyds-bank/65486-gooders-ltsb-others.html?highlight=gooders but you will need to adjust this to suit your claim. Then sit back and wait for confirmation from the court and the relevant dates that you claim will follow. I got an 'Intention to defend' notice through but their lawyers missed the deadline by over 2 weeks so I won by default(another form from the court). I see no need to start your court bundle now unless you want to be hyper-efficent, it may follow the same route as mine. However if you are sent an AQ I would start then and use this forum for any other questions that may pop up!! Hope this calms the nerves Gooders

This has happened before and I think the most important thing is to keep to your timescales. It does not matter a jot if you have accepted their offer, if they haven't paid they haven't completed their side of the agreement. So if you are at the point that you can apply for judgement then DO IT! It will give you a legal judgement (yes by default which could then be stayed) but will give you further options eg Warrant for Execution. As long as you give a reasonable amount of time for them to forfill their obligations no court will reproach you for doing so. If they still give you a stiff ignoring to then send in the bailiffs it will cost them more and focus their attention! Oh and it will give you a very persuasive argument for costs! Gooders

Guss0973, In the same boat!! But I dont agree with Titch28, nothing wrong with what they said just Im taking a different angle. What I am planning on doing is giving them 14 days in total (and not working days!) to give me the money. However, if after 7 days they haven't shown me the money then I will be writing to **** with a detailed letter of what they can expect..........see below Dear ****, I refer to judgement dated xxxx 2007 (enclosed) by XXXXXXXX County Courts. If I have not received full settlement by xxxx 2007 (7 days), I will apply for a Warrant of execution. Gooders As originally advised by Guido on this thread http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/47207-guido-t-lloyds-tsb-7.html#post921936 . I wholeheartedly agree and we should work to our timeframes NOT theirs!! Short, sharp and to the point, completley fair and they will know that this means (a) the Bailliffs are coming and (b) its going to cost them more! I will then apply for costs once it is settled! Hope this helps Gooders

Thats what I did (except I handed it in) and the default judgement was issued on 26 July! Hmmm just in time me thinks! Anyway, Im giving them 14 days to get in touch then its the warrant for execution and the balliffs!!! Gooders

Well here we go.......... Judgement by Default received and it was dated 26 July 2007!!!! I was thinking of giving them the good old 14 days before sending the baliffs in.....what do you recon?? Gooders

Ian, Keen to get anything I can........where can I get info on the wasted costs? Gooders

Well another update. **** had until 7 Jul 07 to lodge their defence and guess what, they havent so I gave it over 2 weeks and today I filed for judgement. WooHoo! I was getting concerned over the compound un-authorised interest thing but as they have decided to give me a damn good ignoring, the judgement is in the post!!! Oh yeah and as soon as that arrives on my doorstep warrant for execution is winging its way in!!!! Gooders

Sorry all been away on holidays (thanks Halifax:p ) ok points in turn: 1)KENNY Info was a full SAR request and had all the data pertaining to me held by Halifax so it went back some 10 years 2)PPMAN - that was my thought and I will gladly pass on the information to anyone who is fighting Halifax but for me the war is over! 3)Dusary - Am I missing something, they provided me the information I requested so what would the Information Commissioner get involved with. The problem wasnt the supply of information but their utter contempt and hiding of the fact they are taking money from their clients without informing them!!!! I may send this into watchdog to see if I get any reaction! Gooders

Well an update of sorts.................... Date of service was 9 Jul 07 so **** had until 7 Jul 07 to file a defence (hmm 7/7/7 not very lucky for them!!!!! ) Just spoke to the court so as of today no defence has been filed and I can request judgement whenever I want....... Hopefully this means the money is coming soon!! Gooders

Well its been a while since my battle with Halifax over my closed account concluded and the other day I got my full SAR response. Not too worried as I now consider Halifax to be out of my life now I didnt move on this too quickly but last night had a good look through. In the information provided I have an email trail from Halifax where they admitted that they closed every single account that had £10 or less in it around Dec last year. Nothing too scathing about that as dormant accounts sometimes get this service. What DID interest me and may be of interest to others is that in the emails they mention that NO ATTEMPT to contact the account holders had been made!!!!! So if they had the account details of the holders but made (by their own admission) no attempt to contact these people and simply just took their money................ anyone else thinking of theft???????? Enough so that an employee mentioned that he was worried that this action opened questions of a potentially serious and costly court action. If anyone is interested in seeing this information or indeed taking this further by making a Freedom of Information Act request to get a full picture of how many accounts were involved and how much money has ended up in the Halifax's pockets that doesn't rightfully belong to them please let me know as I will happily scan the emails and join in the fun!!! Gooders

Kiaclet, It is my understanding, and please someone correct me if im wrong, that you cannot claim back the charges whilst you remained within your agreed overdraft. What you can claim is any Overdraft Interest that you incurred due to them applying charges onto your account. eg: Agreed overdraft: £1000 Account Balance: -£999 D/D etc stopped therefore chgarge of £35 New Account Balance: -£1034 Unathorised Overdraft interest applied as due to their charges you have gone beyond your agreed overdraft. You are able to claim this interest back as it was purely due to their charge that you went beyond your limit. By choosing to use your agreed overdraft (and incurring the laid out charges) you take the hit for the charges incurred. I used mindzai's spreadsheet which allows you to seperate these charges and has a section which will automatically calculate the charges incurred past your agreed overdraft. Try this link and I hope you find it useful http://www.consumeractiongroup.co.uk/forum/general/51736-excel-contractual-interest-spreadsheet.html?highlight=mindzai Gooders

Barty, Thanks for that! Well just got 'Notice that Acknowledgement of Service Has Been Filed' Date filed is 15 Jun 2007 ad **** are the legal seagulls. So am I right in saying this then gives them 28 days to provide their POC and no action is required by me unless I get an AQ? After they file their defence I will then get a court date and a date when I need to have my bundle ready for? Hope this is right but if there are any glaring errors can someone please point them out to me! Thanks Gooders

Emma, Does seem long, Im going through Basingstoke CC and I handed N1 in on 1 Jun, sent on 7 Jun so deemed served 9 Jun!!! Roll on 23 Jun!! Gooders

Well claim deemed served 9 Jun so here we go......... I take it they now have 14 days (total or working?) in which to either notify they will defend or cough up???? Madkit, Sorry I was away with work and have just got back, hope you got your POC in! Gooders

update.......filled on friday for £5k plus costs etc. Clerk of court told me they are ignoring everything and that as soon as I got the ballifs involved they act....ho hum lets see how it goes!!! Gooders

Daz, No problems, just remember to follow the processes and templates n this forum as they have been proved to work. Good luck. Gooders

Daz, This is standard. I sent my preliminary request and got a "we do not agree" letter back. The important thing is to stick to the scheduled timelines as laid out in this forum. You gave them 14 days in the letter and now its onto the next stage. Send them a LBA giving a further 14 days to contemplate before taking it to court. My LBA was ignored and I wrote a letter at the end of that deadline expressing my dissapointment and confirming that action will be initiated ( a nicety and not required!!!!). So in short: 1) Send LBA in soonest with attached schedule of charges. 2) wait 14 days for any response. 3) Start getting together your POC for eventual court action. MOST IMPORTANTLY FOLLOW PROCESSES TO YOUR TIMELINE AND NOT THEIRS!!!! See this link for the simple step by step details: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html However, it is worth spending a few days trawling this forum so that you are sure what you are claiming and how (probably best done before LBA) eg Compound Interest, un-authorised interest Vs authorised interest Vs S69 8% interest etc. There are arguments for and against all these so it is well worth researching the details so that you are confident. A good spreadsheet to calculate and display your charges and interest is here: http://www.consumeractiongroup.co.uk/forum/general/51736-excel-contractual-interest-spreadsheet.html?highlight=mindzai Most importantly do your research and follow the step by step guides in the FAQs section and make good use of the templates in the library. Hope this helps:) Gooders

Reidnet, Do you have a opy of the POC you used for your claim, I have had a quick look after someone asked me about it on my thread (fortunately never needed to fight that hard for mine!) ad I know there are some that would find it very useful!!! Gooders