Hi mincemeat didn't even see the post so can't help sorry!

I received an offer from Natwest yesterday for the bank charges not the interest. Sent my complaint to FO 2 weeks ago. Before that had no response from Natwest, so it seems the FO process jogged NW along! I am now going to contact FO to find out what to do next. The interest is about £2000 so unsure whether to just accept the offer..any suggestions? The FO process has been brilliant so far. Will keep you posted

Thanks Parvale..helpful as ever..will do:)

Thanks peeps..The problem I have is I live in Scotland and the court process is not an option! I have went down the FO route and received this offer out of the blue. Should I wait until the FO contact me and/or should I contact the FO and let them know Natwest have sent me an offer? Yode I sent PreLetter 5th April 2007.

Hi Tempty..just popped in to say hello and hang in there! Tell your other half it works! I received an offer from Natwest yesterday after no communication over 3 months! They have offered ALL bank charges..as I live in scotland I had to complain through FO but that was only 2 weeks ago so I am jumping up and down at the moment. Hope you have a good day

STOP PRESS! OFFER FROM NatWest Letter received from Nat West yesterday they have now reviewed the case and as a gesture of goodwill and without admission of liability or error they are prepared to offer the amount of £2344.00. THIS IS ALL THE CHARGES! I need to sign a form they sent. This is great news although it doesn't include the interest I think we are going to accept. What does anybody else think?This letter came right out of the blue..though it is about 2 weeks since we sent out complaint to the FO!! There was a statement in the letter that annoyed me a bit " Should you be unwilling to accept any such future charges, then we may need to consider if we are prepared to continue to provide you with your existing banking facilities. Instead we may offer you a simple account that does not offer borrowing facilities or other services that can result in charges" !! Is that a threat? Anyway I await your response with baited breath. BUT I AM A HAPPY CHAPPIE THIS MORNING!!!

Brilliant! Thanks you so much Rory I could kiss you!! I love this place. Now I just need to draft a letter to 1st Credit explaining the above and requesting the CCA again. Thank you all:)

What a great thread had me rivetted. I to am having problems with lloyds but the DCA is 1st credit and they refused my CCA saying the debt was an overdraft!! I am disputing this but have hit a brick wall..will watch your thread with interest. Good Luck

I am sorry to butt in but I am looking for some advice, after reading this thread I thought maybe somebody on here would be able to help. I am being chased by a DCA, I have disputed the debt I CCA them and received a letter from them that since it is a bank overdraft a CCA does not cover this. They have refused to give me any indication of where the total amount has come from..could I SAR them? I really am at a loss at the moment any help will be appreciated.

Thanks gez..I have realised that I have put this in the wrong forum..I want to find out if a bank overdraft is not covered by Consumer Act then what are they covered by if any. I have read all the facts about bank charges previously BUT did a quick refresh. Will try and move the thread:)

Hi does anybody know what act or law covers bank overdrafts? I have been informed that the Consumer Credit Act doesn't. I have looked everywhere and can find nothing relevant. Any help/advice would be appreciated as I have a DCA chasing me!!

Wow babybear what an interesting thread. Thanks for the info and after reading this thread I think I know what I have to do now. Your doing great

Hi have just read through the thread and have found it really interesting and you guys are great at helping with info. I have reached a great big brick wall with 1st Credit..read my thread '1st Credit/Lloyds who are they?' Will keep you all posted and remus thanks for stopping by. I have subscribed to this thread. I do think that 1st Credit dont hold agreements so this might be good news for you remus.

Thanks LisaM will do. Ok latest from 1st Credit..they sent me a copy of their complaint procedure on the 2nd June. If anybody is interested it makes good reading..it made me laugh anyway!! So I will post it if requested! BUT then I received A LETTER and for this I do need some advice ANY appreciated. See Below Dear ? Thank you for your letter of the 28th May 2007 We are advised by our clients that the above mentioned relates to a consolidation of one or more overdrafts. This type of account does not fall within the Consumer Credit Act and as such we are not obliged to provide a copy of the 'agreement'. With regards to your request for a true signed copy of the executed agreement, a letter of assignment was posted to you on the 5th March 2007, the date we purchased the debt. The Law of Property Act 1925 provides that our obligation is to give a written notice of assignment and not a copy of the assignment itself. There has been no credits or debits to the account since we purchased the debt from Lloyds YSB. We are acting on information provided by our client and unless it can be proven that this debt is no longer due, we are not prepared to delete your credit entry with the Credit Reference Agencies. We also decline your offer for compensation. We look forward to your proposals for repayment of the outstanding debt. In the event you remain dissatisfied with our response, you may refer the matter to the Financial Ombudsman Service within six months of the date of this letter. A copy of their leaflet is enclosed Yours sincerely ??????? Complaints Officer So what now? I am still disputing this debt and LLoyds are refusing to answer my request for refund of charges. I have sent a complaint to FO regarding LLoyds..will I do the same regarding 1st Credit. HELP!

Thanks hedgey..if you have the time take a look at my other threads to see how I am getting on with the rest lol..apart from the kids 2 banks and 2 credit cards..not had time to post anything about them yet! personally the "1st Credit/Lloyds who are they" thread is my favourite!!!!

Posted the following letter..now what next! Dear Sirs I refer to my letter dated 6th April 2007 which was delivered via Recorded Delivery to your offices on 10th April 2007. You have acknowledge this request on the 11th April, by confirmation by letter and informed me that you would contact your clients and the document would be sent as soon as possible. You stated this process may take at least a month. The documents I requested should be readily available as proof of your legal right to collect this account. In my letter of the 6th April 2007 I made a formal request for a copy of the signed, executed agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time 1st Credit purchased this account, along with any other documents mentioned in the credit agreement. You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974. The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on 25th April and 25th May respectively. As you are no doubt aware, Section 78(6) states: If the creditor under an agreement fails to comply with subsection (1) - (a) He is not entitled, while the default continues, to enforce the agreement; and (b) If the default continues for one month he commits an offence. Therefore on 25th May 2007 this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to 1st Credit. I require the following action from 1st Credit : 1. Removal of all defaults entered by 1st Credit/Lloyds. Note this is to be a complete deletion and not merely an amendment. 2. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years. 3. After a full payment of compensation is received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group. If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force 1st Credit or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP. I look forward to your reply within 14 days to resolve the matter amicably. Thanks to Tifo...now lets see what happens!

Ok sent the complaint form to FO now just sitting back..yeh right! Lloyds, 1st Credit and MBNA plus all my kids banks still to go lol. Will up date with any info as it comes in.

Hi babybear39 Just read your thread and wanted to offer some moral support. I too am in a battle with 1st credit BUT the telephone harrassment letter eventually worked and now because I won't answer security question they have stopped answering my emails! Check my thread 1st Credit/Lloyds who are they" it will probable make you feel better as they have done to me what they are now doing to you. So as everybody else has said its not personal. 1st credit have just defaulted on my CCA request so I am now chasing them...good feeling. Will keep an eye on you to offer any advice etc. Take care.

Well done Steven..great news. Big smiles all round.

Right I know everybody is busy, so much going on at the moment with lloyds etc, so I basically did more homework read more threads and completed the Financial Ombudsman Service complaint form today. I will send it off tomorrow and just sit back and wait. Nat West are the only bank not to even bother sending a get lost letter. I have heard nothing so maybe that will bode well with my complaint! Off to read more threads. Watch this space!

Latest update..a bit late but so busy reading up on threads etc. BUT Lloyds replied on the 5th May..basic letter telling me to go away and read OFT findings and their system is fair but can't cancel my charges. So today I sent them a final letter before action..I have completed my FO complaints form already because I know they won't respond but I am taking the correct route to make sure I have given them every opportunity to pay me back. Watch this space.

Reply received by email from 1st Credit Good Morning, Thank-you for your e-mail received. The reason for which we ask for this information to be provided (either by telephone or by e-mail) is for security reasons. Due to the Data Protection Act we have to ask these questions to confirm that we do have the correct person before discussing any information on accounts held by ourselves. Unfortunately, if you refuse to confirm this we will not be able to provide you with the information you request, and therefore are unable to try to help you to resolve this at this time. Kind Regards, (she who must not be named) Team Leader Oh well..I have wrote out the letter mentioned above and have decided to post it!

Ok their 42 days are up today...what next? I found a cracking letter on a thread from Tifo..I am thinking of send it see below..Tifo would you mind if I used it?

Latest from 1st Credit received email from (she who must not be named). See below..for her email and my reply. I have included all the bumph at the end from their email as it has information regarding the company! Good Morning, Ms ?? Thank you for your e-mail received. Before we try to deal with the queries you have with this account, could you please confirm your date of birth & the first line of your previous address for security purposes. Kind Regards, (she who must not be named) 1st Credit Ltd Direct Line: 01737 228616 Fax: 0870 164 2071 IMPORTANT NOTICE This communication contains information which is confidential and may also be privileged. It is for the exclusive use of the intended recipient(s). If you are not the intended recipient(s) please note that any form of distribution, copying or use of this communication or the information in it is strictly prohibited and may be unlawful. This communication is from 1st Credit Ltd whose principal office is at The Omnibus Building, Lesbourne Road, Reigate, Surrey RH2 7JP, United Kingdom. If you have received this communication in error, please return it with the title "received in error" to itsecurity@1stcreditltd.com then delete the email and destroy any copies of it. 1st Credit is a Registered Company in England and Wales A list of Directors names is available from 1st Credits Registered Office: Hill House, 1 Little New Street, London, EC4A 3TR. Registered Number 3752940. MY REPLY Good Morning (she who must not be named!) Thank you for your email regarding my queries with your company. Regarding the security questions you ask since your company has contacted me previously through letter, phone (which I have requested they do not!) and by email previously I see no reason why I should submit these confidential details to you as you will already have them. I am very aware of identity fraud and never pass my personal details to anybody via telephone, internet etc especially when it is them who have contacted me!. ! am who I say I am and since your company is chasing me for a disputed debt this should be good enough for you to reply to my previous queries requested in March 2007. What a carry on!!!

Hi Mincemeat..thanks for the support. I received letter on the 13th March and contacted them on the 14th March regarding them taking over the debt. Since then I have been going round in circles..