well... have a court date of the 30th Nov - have written to the judge asking that a stay not be placed on this case as it involves Credit Card charges and not bank charges

I agree with fuzzy - WFS are out for 1 thing only, to make money out of those who can least afford it.

Just a quick question - have you involved the FSA or FOS

I have had a run in with WFS - got my £8k balance wiped - I too borrowed £5k, paid £7.5K and they still wanted more - but they failed on a cca request (or knew it was unenforcible and decided not to send it me) and agreed to wipe the loan, but after that, they were impossible, they put a £8k default on my credit file, took it off, put it on, and I have now (after nearly 3 months) managed to get them to correct the info.

If you have a chance, hit them where it hurts, your outstanding balance!!!!

Just for info - I copied in the FSA/FOS/FLA/OFT/TS/ICO and made welcome aware of it.

Good Luck

thanx steven - prompt as usual

- and thanx for all the help with WFS - I have finally got them to rectify the credit file to reflect the appropriate information

OK - back to Monument - mcol issued - letter recieved advising will apply for stay - now recieved defence -

I need to write to the judge and ask that stay not be placed as these are credit card charges not bank charges, is this ok?

Case Number ~@~@~@~

just received allocation to local court and defence, basically states that i signed the agreement and should pay the charges - nothing about a stay yet - or is that to come?

I received a letter yesterday from Barclays Legal & Compliance Dept, with a heading of:- Unauthorised Overdraft Charges ("bank charges")

How wrong is that - I am claiming against my Credit Card charges - they have requested a stay or are going to request a stay.

I have emailed the person who wrote the letter and asked them why a stay should placed on credit card case when the OFT are dealing with BANK charges only.

Didn't get a response by email, guess it'll be up to the postie....

Hey One,

Have you sent a CCA request to WFS? Can turn up interesting things.

Disbursal of fees - not to sure what it actually is, but it appears to be something they charge everyone - I had about £1000 added to my loan, and then they charge interest on that too.

I didn't think PPI was date/time limited, it was either mis-sold or not.

Good Luck!!

Just a little update - got an acknowledgement of service letter this morning - appears they responded immediately and intend to defend the claim - so 28 days to receive a defence.

I thought the test case was for Banks - nothing to do with credit cards

similar story - wrote 2 or 3 times - always got the same response - will only pay difference from 12 and will not refund any 12 fees - did MCOL yesterday

what we dont understand is how they managed to secure the loan on our property

Have you checked with land registry, online it cost's £2 to check yourself. You can see if it is secured or not. Mine wasn't!?!?!

Be very careful about reduced payments, these will add even more to the debt as WFS post their interest monthly, it seems based on the previous months balance, my payments were £163, yet monthly posting was £127.

Have you done a Consumer Credit Agreement request? This can highlight some interesting things, it only cost's £1 - the templates are around.

Good Luck!

Not to sure if it depends on why the account is in dispute, I had them on non compliance of a CCA request, I wrote to them and told them....

1) ask you for payment

2) add any charges or interest to the account

3) pass on any information about the account to any 3rd party

4) put any marke on your credit rating.

This advise was giving to me at t the time

Back to WFS.....

they have written a final responce to the above letter (post 18 )

Advising that they will not remove any information that is not correct, they have a duty/obligation blah blah blah

BUT - If they cannot produce the cca - how do they have my permission to pass details on about me???

The only option they have left me, is the FOS

What can I do???

So... up against Monument now.

Had the usual rejection and 50% offer, sent letters and now they have till 24th to respond before legal action

They have complied and sent my T&C's - these say:-

these are T&C's of agreement between Barclays and Me (But they have said my account is with compucredit, not Barclays???)

Under default charges they advise :-

we will charge you for any reasonable costs or losses we incur if you break the agreement inc the following:-

Failure to meet minimum payment £12

Exceed limit £12

Bounced payment £12

surely they still have to justify the cost's??

Unless they have justified their cost in relation to the charges or fees - whatever you want to call them - they are reclaimable.

I was gonna go after fees with WFS, but think the 8K written off, is enough for now.

But, Good Luck and keep us posted

Hi....I don't owe any mony to them all I want is the default removed......

I think it is the Information Commissioners Office who you need to report them to, they deal with Data Protection issues and information sharing

You could write to Monument advising that you will report them under s10 of the CCA 1974

I had a similar issue with WFS - i queried it with Equifax, after 2 weeks they just removed it as WFS didn't respond - I mean they removed the 'whole entry'

So might be worth querying it with Equifax

http://www.consumeractiongroup.co.uk/forum/other-institutions/107797-chancer-welcome-others.html

Link to my thread where I was advised about s10

Easiest thing to do is ring 01293 802473 - monument customer relations - I just did and they advised that my LBA needs to go to the portland building address - my account is with compucredit apparently!!!

Could someone advise if the letter in post 18 is sufficient.

thanx

just a quick question - i have the freepost address for Welcome compliance dept.

I suppose it's ok to pass it on?????

Let me know who to give it to?

how's this for a reply......

Hey Moonhawk -

this is a weird one, i too was approached by AK about 4 months ago, it was for a supposed Barclays debt - I asked for my copy of the original CCA.

They replied, all be it 4 weeks later, advising that they were unable to produce this document and therefore were not going to chase the debt. (It was a few thousand)

It seems they have changed their tactics - maybe too many people asking for CCA's????

Thinks this is what you need

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/42170-right-appropriation-stop-bank.html

http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements.html?highlight=CCA+agreements

This is the forum for CCA's.

Have you had it checked out, there was a forum on here were people were looking at agreements ensuring that the right t&c's and prescribed terms were correct

Hi Valhala,

They are a rip off merchant, I took out a £5000 loan and after paying back £7,500 they still wanted over £8k to settle 5 years early - if I kept the loan for the full term, they would command a total return of £19,500 - yes for £5k - I have since had my outstanding balance wiped and written off.

I managed to do this due to their non compliance of a CCA request.

Have you requested a copy of your signed Consumer Credit Agreement - without this, it is very difficult for them to enforce the loan.

There is a template on here -and don't forget the £1 fee.

Good Luck!!