Wow, thanks very much for doing this, it works out to almost as much as they're chasing me for! If they had provided six years statements it would have been more. If I win this case:) it will be because of you.

The Excel spreadsheet doesn't work on my computer, it won't add up the amounts or do the 8%APR. The charges amount to £1442.00 but I need to add the 8%. Does anyone know how to do this manually please??

Havinastella, Fantastic advice, I will use this in my defence (have clicked scales)!!! When calculating the charges do I add interest for use in the defence? Would I still have to follow the normal route of writing to 1st credit asking for the charges to be refunded before the hearing in march? Sorry to ask, but I have denied owing the money because of zero balance, how can I then say I want the charges back? You've been a really great help thanks.

I hadn't thought of that! I'm worried though that when they go for summary judgement the court will say the bank could transfer the debt to their collections dept. and close the account with a zero balance.

What could I report them for mozza?

I was tempted 42man!

1st credit had to either provide 'all' the statements or proof of how the debt accumilated. Their proof was that the account was in credit in 2001, the overdraft facility being used after this date, therefore the statements provided were enough proof of how the debt accumilated.

Oh dear, 1st credit have applied for a summary judgement, looks like I'm back in court again in march. They have provided statements in response to my SAR from 2001-2005 when the account was closed. The bank charges amount to approx £1,500. Does anyone know if I can counter claim at the hearing by putting in a defence for the charges or would I have to take them to court again after the summary judgement has been granted? God, don't these things get complicated!!!

Hi everyone, Just thought I'd let you know I won my court case today (by the skin of my teeth)!! I will explain in more detail about this case, I know I have been a bit vague but I had no paperwork because we were flooded. We had a joint bank account with Lloyds tsb with a £3,000 overdraft. My hubby was made bankrupt in feb 2005. This debt was included in the bankrubtcy but as it was a joint account the whole debt was transferred to me. The £3,000 debt was bought by 1st credit in 2006. They tried to enter a judgement against me in 2007, I had this set aside because they failed to supply statements of the account. In September 2008 they had the stay lifted and judgement was granted against me because they produced 1 years statements proving I owed the money. I applied again to have the judgement set aside but could not give a defence as no-one had sent me the relevant statements. Ten days ago I received the statements, too late to submit a defence. I appeared in court today together with the solicitor from 'the other side'. The judge asked for my defence and I explained: 1)Insufficient statements to prove how the debt was accrued/answer-not relevant. 2)CCA states that statements must be produced not less than one year apart for running accounts/answer-CCA not relevant in this case because the debt has been proved and deed of assignment valid. My last shot (believe me I was sh****** a brick by now) was that when the account was closed by lloyds in April 2005 the balance reverted to zero. How could 1st credit purchase a debt one year later in 2006 with a zero balance?? The judge looked at the last statement, smiled at me and said 'you have found your defence, well done'. I now have 28 days to submit my defence in writing, the judgement will then be set aside. Meanwhile (much to the defendant's solicitors's obvious shock) 1st credit have to provide all statements of the account-15 years worth or proof of how the debt accumilated including all charges, within twelve days. Impossible I think. Thank you everyone for your help and support, I will donate when I recover financially from this mess.

Hi everyone, I am in court tomorrow with 1st credit. Does anyone know if the CCA 1974 section 78 (4)(a) applies to bank account overdrafts please?

Rory, 1st credit mamaged to get the stay lifted because they claim to have sent me statements of the account in September. The only statements I have received from them arrived yesterday. They claim there is no credit agreement because it was an overdraft facility. In the 1 year statements I have calculated £784.00 bank charges. As we had the bank account for 15 years the charges would amount to quite a large amount.

I only received the paperwork this week Rory and haven't entered a defence because I don't know how to defend it. It is clear we had the bank account and were overdrawn by the amount claimed so I am not sure if I really have a defence. The only way I can see is to get the debt reduced by the amount of the obscene charges levied.

Thankyou 42man, I have lost my will to fight anything since the floods. Yes the receiver in bankruptcy knew of this account as we tried to include it but as we all know, joint accounts pass to the person who is not bankrupt.

The stay was granted because they failed to provide any statements. I can see a lot of charges on the 1 year bundle of statements. I have not entered a defence. Also I think we were paying PPI but the bank refused to pay out because my husband didn't sign on as unemployed.

Thank you Josie, do I send a copy of the letter to 1st credit to the court??

Hello everyone, I am desperate for some advice please. Back in 2005 my husband was made bankrupt. We had a joint bank account with lloyds tsb which was closed by them in april 2005, amount owing on the overdraft facility approx £2,400. We were badly flooded in July 2007 and lost a very large filing cabinet full of all our documents, so we have no records of anything before this date. In Sept 2007 I received a DCA from 1st credit in my name only, saying they had bought the tsb debt in july 2006 and wanted me to pay up. I wrote the standard letter asking for copies of all paperwork relating to the alleged debt. Nothing arrived and when it eventually went to court I was granted a stay. They have managed to get the stay lifted and have sent me 1 year's statements of the bank account. I have to go to court on 3rd dec and have no idea how I am going to fight or pay this. I am registered disabled and cannot work. Any advice would be appreciated!

Hi, I'm really sorry to put this here but can someone tell me how to start my own thread on 1st credit please??

Just thought I'd add a bit here. We took out a Provy loan when we were flooded for £800. We told them at the time it would be short term and paid it off in 4 weeks and were told by the collecter the interest rebate (450) would be paid back to us the following week. That was 6 weeks ago and still no rebate! We contacted their complaints dept and were told they would investigate which could take 28 weeks, and we were not allowed to contact the FO until after this time. They are quick enough to jump all over you when a payment is missed, what a s:-x cam!!!!!!!!!!

Hi all, I sent prelim to Nationwide and received usual blah blah back and now have to send LBA. Trouble is, they never sent me bank statements only a list of unpaid d/d fees levied on the account. On the interest calculation spreadsheet you have to put account balance, interest charged etc and I don't know any of this as I haven't got the statements. Anyone know what I need to put in these columns please??

Nationwide can be opened in joint names, I am with them and am going after charges. I opened a parachute account with Halifax, it was really easy (my credit is really bad) and you get a Visa Electron card with the basic account!

When I CCA'd Lowells they replied with the applic form and a letter saying when the debt was assigned to them.

Barclaycard sent all statements. Debt was for about £920 and sold to Lowells. Received 'application for credit instead of CCA from lowells. Just wrote them nice letter claiming back charges etc which totals just over £1,000 so have billed them for £80!!! Lets see if they pay up!

My sons barclaycard debt was sold to lowells. They produced 'application for credit instead of cca. Barclaycard sent all statements. Trouble I'm having is, do I go for charges back to reduce debt or go down the path of 'no cca, no debt? I need to get his credit file clean so that he can get a mortgage!

I'm not sure if I'm posting in the right place but I need help with claiming charges on my sons tsb card. He took this card out in 1999 when he was at uni, and defaulted in 2003. Many family problems resulted in him getting a CCJ for this debt. I sent SAR to lloyds back in April. They cashed the £10 but I have heard nothing back at all, no statements, no letter, nothing. What do I do now? I am sure this debt is made up of charges and PPI which he should never have been charged as a student. Any help would be appreciated!

My son signed up for a barclaycard in 1999 when he was a nineteen year old uni student. He defaulted in 2003 and was over his £500 limit by a few quid. Family problems (bankruptcy) meant this debt was forgotten. In 2006 the debt was sold to Lowells who are demanding payment of £945. I sent CCA request and SAR to barclaycard and received all statements and a copy of 'credit card application' with compulsory PPI at £10 for the first year. Can anyone help with the following: 1) Who do I send prelim letter to, barclaycard or Lowells? 2) What spread sheet do I use and what interest rate do I put in? (charges are about £580 but I have never used a spreadsheet before, i have tried putting in 1.385% as on statement but the total interest only works out to £14 so i must be doing it wrong) 3) How do I claim back PPI as I don't have a statement for 1999 so I don't know if they have charged him £10 for the year or £10 a month (a uni student with no income shouldn't pay PPI should he)? Any help would be great please!!