duplicate

I am resurrecting this post as I need some help with Cap 1. I took out a credit card with Cap 1 in 2001. I was told at the time that PPI was mandatory for the credit card although I cannot prove this. I repeatedly asked Cap 1 for the agreement dated back to 2001 but they keep referring back to a replacement card issue in Sept 2005 when the orignal was cancelled in error which I do have a copy of. I am about to write to them again requesting the 2001 agreement but should I just put a claim in and go for it. In the absence of a signed executed agreement what happens? I would add that I have already settled and closed this account but at the time they were offering these deals they were pushing the PPI very hard. I have the full payment history back to 2001 Reall need some help here guys! ST

Hi there. To be honest I am as much in the dark as you are. My claim was stayed by the court due to the "bank charges" issue and following the SC decision I applied to the court requesting a indefinite stay to await developments post OFT. The banks have written to negotiate but im unemployed so not in a position to do so anything. If anybody has any suggestion these would be gratefully received ST

Fred, im looking through my letters right now to see i have any along these lines. ST

Bump Help please ST

Thanks for your reply. I need to look into this to see if I wrote to them and in any way may of have admitted the debt (pre CAG) but I guess in not in the SAR if there any they dont have them. Once I found CAG I make it very clear I did not acknowledge the debt. By the way when does the clock start ticking and as my case was stayed by the court does the 6 years include/exclude this period? Thanks for your help Regards ST

Makes complete sense to me, however, is the sticking point the actual position taken by the OFT. I beleive the remit understood by the SPC meant that they were not able to look at whether charges were fair because the banks are claiming they are part on the overall package. I realised that the banks have altered their argument as in the first they were claiming their charges were fair but could not prove this so changed their argument Ill be interested to hear more views before my deadlines end Regards ST

Very much sounds as if the court is trying to avoid more litigation clogging up the system and is saying only bring strong cases to court. Any other views? ST

Thanks for your reply. So does this mean if I paid the last payments during 2005 and they have no evidence of written admission after this that this i will come statute barred in 2011. I wrote to them saying that i do not acknowledge the debt two years ago when they came after me I did SAR them so i guess this would have any evidence that i have acked the debt. I will double check but dont thing there is anything in there Regards ST

Hi quick question to anybody lloyds tsb o/d with bank charges currently stayed pending oft case just getting ready to deal with bank etc approx £3k out of £7K in bank charges have paid any money since august 2005 d/n issued april 2006 is it 6 years + 2006 = 2012? While i will be arguing new stance if i can delay for another 2 years i can take advantage of the 6 year SB? Hopefully my court case will be at the back of queue. Cheers ST

Ditto, u will now receive a letter from SCM acting on behalf of Lloyds stating the OFT case has been concluded. They dont mention to SCJ but say "as you are aware the OFT test case has been concluded and accordingly you are now liable to our client for such sums" Theres are reason for that wording IMHO as they could have said the SCJ have concluded but didnt ..... You will be invited to telephone to discuss terms along lines of consent order. Failure to make contact may result in their client applying for defence to be struck out and judgement to be entered. I wrote to court in december b4 OFT stance was announced requesting stay be kept in place to give me time to consider the OFT response etc. Nothing heard, yet and I have to get back to Lloyds by beg of March and SCM within 21 days. Any more clarity on what my response should be. Cant settle as umemployed. Regards ST

Update and request for help. Like many others my disputed o/d and bank charges had been stayed. I wrote to court and dropped in personally prior to Xmas requesting idefinite stay to allow communication from OFT and other Pressure Groups to be made public. Nothing from court yet but i have received letter from the bank: Quote: "These legal proceedings came to a conclusion on 25/11/09 when the supreme court decided that as long as they are clearly set out the level of unplanned overdradft charges cannot be assessed for fairness under consumer fairness legislation known as UTCC." "We understand your complaint is that the charges we made are penalties and/or unfair because you believe they are too high. The outcome of the legal proceedings means that the bank charges youve complained about are not penalties and the SC has also decided that the consumer fairness legislation means that the level of charge is not a reason for finding them to be unfair" Complaint not upheld go to FOS etc I am aware of other thread regarding "guidance, poc and help" coming but is there anything I can do in the meantime? My position is my o/s o/d contains 30/40% of bank charges plus interest from date of stay until now and as currently unemployed no means to negotiate. I am going to try and put something together "in preparation" for later but if anybodys already got an argument already outlined that be very helpful. Regards ST

Sorry if this is in the wrong place but looking for some help. I took a 2 year fixed Woolwich mortgage out in November 2004 but ran into financial difficulty during 2005. I managed to resolve this before they re-possessed my home but along the way i accumulated charges: On The Mortgage Arrears Charges £440 (est) Misc Debits? £55 (est) Litigation Charges £100 (est) Gen Sols £22.93 (Est) On the Linked Current Account Monthly o/d interest - approx £30pcm (est) Over £500 in o/d Charges (est) £1000 Redemption Charge (est) I am now with a different lender and recently unemployed and wondered if it was worth issuing SAR on both elements. The amounts are estimates based upon my records and could be higher ..... on the overdraft they were adding £3 a day unauthorised overdraft fees which ranged from £20 - £90. I am correct that I should be issuing SARs in respect of both or am I wasting my time? Regards ST

Hi everybody. This is all starting to get a little complicated and i to get on top of things now as "the bank" have written to me. Quote: "These legal proceedings came to a conclusion on 25/11/09 when the supreme court decided that as long as they are clearly set out the level of unplanned overdradft charges cannot be assessed for fairness under consumer fairness legislation known as UTCC." "We understand your complaint is that the charges we made are penalties and/or unfair because you believe they are too high. The outcome of the legal proceedings means that the bank charges youve complained about are not penalties and the SC has also decided that the consumer fairness legislation means that the level of charge is not a reason for finding them to be unfair" Complaint not upheld go to FOS etc Now my case was stayed pending OFT case and i applied for open extension b4 xmas to give me time to take in the outcome from OFT and varous pressure group but nothing from court yet (i have receipt). I will probably complain to the FOS to buy myself some more time and to also express my dissapointment in the so called Consumer Protection Champions. My position is my o/s o/d contains 30/40% of bank charges plus interest from date of stay until now and as currently unemployed no means to negotiate. I am going to try and put something together "in preparation" for later but if anyboys already got an argument already outlined that be very helpful. Regards ST

Well i guess who "they are" now. The Call Centre transferred me to Complaints without any explantion so i had to go through the whole story again. I did suggest that if they dont recredit the account then i would like a letter justifying the charge and how its worked out as 256% levy charge on £8.29 is staggering. She explained this service was introduced to pay for essential bills like mortgages so payments arent missed. I pay the mortgage not my wife. ST:(