Okay, I have just re-read through, and actually I think with the amount of time that has elapsed, sending the non-compliance letter works against you, as it just gives them more stalling time. I think you should prepare a spreadsheet with the charges they have given you, and use the date suggested by Michael Browne above - 15th or 16th of each month, and send the letter from here: Preliminary approach for repayment - Consumer Wiki including your rent arrears and any other financial difficulties you may have, so that you may be considered as a priority case under the hardship criteria. Hope that helps x

Oh gosh - sorry you haven't had any replies. So, is this right: You have not sent the non-compliance letter? The account has been passed to an external DCA? The way I see it is that you need to write to shabbey - using the non-compliance template with an addition that they should not have passed your account to a DCA. This needs to be done straight away, with a copy to the DCA headed "Account in Dispute." Sorry this is a bit short - got visitors coming in a mo, but I promise I will be back tomorrow with more help. Best regards xx

Excellent - thanks a million for that. xx

Thanks all for your lovely comments - I am very touched. But then you knew that already! yourbank - no, unfortunately they stuck with their figure. Actually, can I pick your wonderful brains once more please? - My acceptance letter specifically stated "partial settlement," but their reply states ".....we refer to your recent acceptance of our without prejudice offer to settle your claim in the sum of......" But they then state ".....payment is made without admission of any liability by or on behalf of Abbey National plc and does not prejudice your rights under the FSA waiver.........." So, I guess what I am asking is whether this means I am still entitled to the balance of the charges and the interest under my court claim? They are not going to inform the Court that the case is settled? In hindsight, I should have asked these questions before, but the implication has only just dawned on me. Thanks and best regards xx

Sorry, not gloating - I know there are loads of others who also deserve a break, but I am so shocked and delighted. They completely ignored the part in my letter that explained why they should be paying the lot, but I can live with that - for now. Never in a million years did I expect to get the money so quick, after all the shenanigans previously. HUMUNGOUS thanks are due to CAG, and a well deserved donation will honestly be my first priority - as long as the cheque doesn't bounce! Lotsa luv xxx

Belated thanks to GaryH and Knelly - sorry, life has been hectic. OMG, DRUM ROLL PLEASE ........................................ I GOT THE CHEQUE TODAY! :D:D

Ell-enn, bless you for checking on me - with everything you do to help on here I really don't know how you keep up. I have nothing but admiration for you. So, my claim for IS has been approved and will start to be paid this week, but the mortgage claim is a waiting game until the forms have been completed and returned by the mortgage co and secured loan co - although at least once they receive the paperwork that will go in my favour, and hopefully I will have something in writing ie proof of claim by the court date. Thank you again for your support. xx

Hi there You can use the spreadsheets to collate all the charges - it doesn't matter what the balance of the account was at the time, as you are asking for all the charges back regardless. If there are no dates specified for the earlier ones, then the simplest way is to look at the later statements to see which date charges are applied, and use that date. I will be back later - going to have a search for wording to use on your letter regarding their non-compliance, but at least you can get started on working out how much they owe you! Best regards x

Abbey have finally accepted my hardship claim! The trouble is, I am so far in debt now that it won't stop my house being repo'd - if they had played ball last year when I first asked things would be oh so different. But it is still a little victory, and all thanks to CAG; I would never have had the courage to do battle with them if it wasn't for these forums. Link to my thread in post 20 if anyone's interested. xx

Amended acceptance letter - thanks to CF and yourbank - sent today by Special Del'y, guaranteed to be there before 1pm tomorrow. Thanks for the input guys, you have no idea how much it means to me to have such fantastic cyber friends. I will update when I get their (fingers crossed) positive response. xx

Oh, and do I have to mark it "Without Prejudice" also? x

Any takers re my letter in post 408 please? Sorry to be a pain, but I would really like to get this off special del'y tomorrow, and I don't want to mess up or miss anything important. Thank you all xx

Any takers on the above please? Anything I need to add/amend/delete? All input gratefully appreciated as always. Thanks xx

Dear Sir/Madam, Thank you for your letter of xx May 2009, referenced above. I would like to advise you that I am prepared to accept your offer of £x,xxx.00 in partial settlement of my claim, on the grounds of financial hardship. Notwithstanding, I would like to draw your attention to the following: You have offered me a refund of charges incurred on the account over the last six years, I presume working on the basis of the time limit set out by the Statute of Limitations Act. This means that you have deducted x,xxx.50, representing charges from June 2001 to the end of 2002. However, as my claim was lodged at xxxxxxx County Court on 22 June 2007, the SoLA clock effectively ceased to run from that date, rendering these charges valid and not subject to barring by statute. Therefore, if you choose not to add these charges to the settlement figure, I will rightfully pursue a refund of these, along with all associated court fees and statutory interest on the full amount, should the Test Case judgement be handed down in favour of the consumer. Also, as the above referenced account facilities have been withdrawn, I would appreciate it if you could send a cheque, made payable to myself, to my home address, in order that I may have speedy access to the funds to allocate them accordingly. Thank you for positive reaction to my circumstances, and I look forward to receiving the cheque without delay.

Cheers hun - yes I have suffered with a Persecution Complex from them for long enough! Just working on a reply.....

FINALLY SOME GOOD NEWS!! I resubmitted my hardship claim at the end of March, to the Customer Satisfaction Centre in Milton Keynes. Yesterday I called the FSA to ask for advice, as not only had I not heard from shabbey, they had instructed Worst Credit to hound me for the overdraft, with all their nasty threats. Then today I receive a letter from Triton Square, advising me that they have accepted my hardship claim!! Without prejudice, of course. But the bit that gets me is that they say they are refunding 6 years of charges in full.............only that is 6 years back from now. So all the charges from 2001/02 have been ignored, even though they were within the 6 year limit at the time of the Court claim. Still, at least it is a result. I have to write back and accept, so if I post my letter up later I would seriously appreciate some advice/input on it, as having got this far I do not want to stuff up! Thanks x

Yes Ell-enn, that is correct. I know it seems like a long way off, but the paperwork specifically states that the defence should be returned within 14 days of receipt. D'oh - just dawned on me "from date of receipt," so I actually have until next Friday, but it's still not long. I doubt if I will have any paperwork from DWP by then, so I am feeling a bit stranded. Thanks x

Really sorry to be a pain, but I could do with some help drafting my Q27. The letter from the Court specifically states 14 days, so my defence has to be in on Tuesday, and I am seriously worried about whether I will have a strong enough argument to let me stay until the end of term. Thank you x

Hi all Sorry I didn't post yesterday - just as I left jobcentre the school called to say eldest was ill and being sent home, so have been dealing with a very sick - literally - child for 24 hours. Anyway, claim is all verified, but mortgage benefit will not start until some time in July, so I really don't think that Derbysh1te will have any sympathy, or the Judge for that matter. So I guess I just need to come up with a good statement that may sway them into letting me stay here until end of term. Any advice/input gratefully received as always.

Thank you both for your replies. Ell-enn, in answer to your questions: Hearing is 17th June. Have an appointment this morning with DWP re claim - I filled in the claim online, and then had a telephone interview, so today should finalise it, but obviously the lender won't be aware of the claim until the paperwork is sent through. I will update when I get back. Thanks again for your help x

Anyone please? N11M now received, and needs to be submitted by 12 May. Thank you.

Hi all I have received notification of a repo hearing, and I need a bit of help please. Background: Mortgage in arrears due to OH's unemployment. OH now left - I have just claimed benefits. 2 children under 12. I have no way of paying anything, and benefits towards mp would not start until after the repo hearing. I am not going to fight the repo - don't have a leg to stand on really, but my main issue is this: The hearing is a month before my son finishes primary school - is there any way I can ask to stay in the house until then? Or am I truly stuffed? It would just mean a great deal if he could finish school with the minimum of disruption, and give me a bit more time to get everything sorted and find somewhere else to live, or be rehoused by the council. Thanks in advance x

Thanks for that supasnooper. I just thought it was unfair that they could take 5 of the 7 days to post the letter, but I still had to adhere to the time limit. However, letter and envelope securely retained. Thanks again.

Hi all Any advice would be gratefully received please: I received an LBA yesterday (22nd) from a firm of solicitors on behalf of the mortgage company. Relevant extract here: "If you do not make contact to discuss your financial situation or repay the arrears within 7 days of the date of this letter the next step will be to issue court proceedings. This will take plac without further contact with you." Ok, my beef is that the letter is dated 16th, but was not posted until the 21st (as per the postmark on the envelope) so the 7 days are up today. Is this a deliberate attempt to bypass this stage do you think? Is there anything I can do restart the 7 days? I am not in a position to repay the arrears at the moment, so I am well aware of the consequences, but I just wondered whether witholding posting of this letter breaches any regulations? Thanks x

Data Protection Act: Non-Compliance - Consumer Wiki This is the suggested letter in the wiki - short and not so sweet! hth x