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Thanks for your reponse Gogivit We've requested Dad's bank charges back from the bank, who have put his request on hold but we've not submitted the Court claim. Do we need to do this?

For sometime now, I've been trying to help my Dad get his charges back from the Yorkshire bank, but his claim like thousands of others is on hold. On the 12th October, we wrote Yorlshire Bank a letter to ask them to consider us as a hardship case based on the fact that Dad is constantly in overdraft, bills forever bouncing and having been charged well over £2,000 in the last 12 months. They have completely ignored the letter we sent. What do we do now? Do we go straight to the ombudsman or write another letter to Yorkshire giving them 14 days to respond. I need to act quite quickly as Dad's oldest bank charges are coming up to the 6 year limit at the end of January and don't want to lose any of the money. Any advice is greatly appreciated - thank you

Excellent, yes I included it. Should come to a nice tidy sum of £911 then Just need to work out now, how I rectify the error I made on the claim form. I put the PO Box address which appaarently MCOL don't accept

Are they paying out including interest as well, or just the actual charges? Just started a MCOL against them

Hi All, Just issued MCOL for my Dad against Capital One. However, I put the PO Box address as the claimants address and now I've just read the sticky about MCOL not accepting PO Box addresses. How can I change there address now I've submitted the claim?

Thanks thesergeant and sam for your replies. Yes, this was their response to the LBA, so I'll help Dad start the MCOL once pay day comes round. With interest at 8%, that's going to take the total sum to just under £900! I'll ask Dad to keep an eye on his statement, but from their letter it didn't sound as if they'd be refunding their partial offer to his card until Dad had signed their letter for full and final settlement - which of course he won't be

You can't claim for purchase interest charges or cash interest charges, BUT you CAN claim interest that has accrued on the 'Late Payment' and 'Overlimit Charges'.

I'm helping my Dad claim charges back from Capital One. They have offered Dad £276, when they actually owe him £672. They sent Dad a letter to sign accepting the £276 as full and final settlement. I didn't want Dad to sign anything that THEY had sent and so I decided that Dad should send the acceptance as partial settlement letter from the templates library instead, saying that he would accept the £276 as partial settlement, please could they credit this to his account with immediate effect, but that he'd continue to persue for the rest. Today they have sent a letter back, saying that they are not going to increase their offer and if Dad wants the £276 then he HAS to sign their letter for full and final settlement. So - can they do this? They've offered the money & Dad accepted (as partial settlement) but they are refusing to pay it. Guess its straight to MCOL now?

Hi All I need major help & advice with International Motors Finance I have a car loan with them in my Dads name, which I pay money into my Dads account for. However because its in Dads name they won't speak to me about it. Last month Dad's darling bank bounced their payment, so I sent them a cheque to cover the payment and asked them for a D/D mandate form so I can set up a new D/D out of my own account. Yesterday they kept ringing Dad up at work harrassing him about the payment. He could talk to them at the time so said he would ring after work. When he phoned them he got the rudest most arrogant person on the other end of the phone! Apparantly they haven't received the cheque I posted and this guy called my Dad a liar when Dad said that it was posted. This guy was literally BULLYING my Dad over the phone & shouting at him, as I was in the room at the time and could hear him. My Dad actually hung up on him after a while, as he shouldn't have to be subjected to that sort of behaviour from these people BUT......the awful/nasty guy phoned my Dad striaght back - the cheek of it! His behaviour was absolutely appauling and I need to send off a VERY STRONG complaint letter. If anyone has a good template letter I could ammend it'd be much appreciated as I'm not that good at getting my point accross without waffling in letters. Also we occurred lots of charges from them. I've written and asked for them back BUT they are absolutely adament that these charges are perfectly lawful for them as they say that the OFT's findings don't apply to the car industry! Please could someone clarify for me. These people are seriously nasty to deal with.

With regards to the £75 yes you can complain - you have it in writing that they were offering you this and they have never paid it. In respect of their attitude, I don't know about going to an outside body, but would certainly put in a formal complaint to head office. Not sure about Q1. I assume that its a central databse and that every branch will be able to access details of any of their customers. Hope this helps

Thanks for your reply. I sent off the statutory £10 cheque with my original request back in June. They have cashed the cheque, the week after receiving it - yet just not supplied the statements.

I sent them the letter out of the templates library giving them 7 days to comply about a month ago. I'm just not sure how to go about taking them to court for not complying & didn't know which body I should be reporting them too. So the Information Commissioner it is then - thanks They must owe us so much money tho, I could just really do with starting the claim against them asap. Even if I just used the statements that I could get off the internet banking for the time being to set the ball rolling. Then go after them for the rest at a later date. But don't want to jeopordise my chances of getting it all back by having to go after them twice, if that makes sense.

Can I claim back unfair charges against a car finance company? I've been charged £25 recently for a returned payment and another £25 for a letter. When I spoke to them over the phone, I pointed out that the charges were unlawful etc and she said quite confidently that International Motors Finance had been in talks with the OFT and that basically they could charge what they liked as the OFT recommended threshold of £12 didn't apply to them? Does sound right to me, or is it? Can I claim? Fingers crossed!

I have been trying to obtain my statements from Yorkshire Bank since JUNE(!) last year. They have received my request and asked us to go into the bank to "verify" our signatures which we did straight away. I've waited all this time and STILL no statements. I have sent them the letter also about a month ago, giving them 7 days to comply and STILL nothing! I've even phoned to request statements and nothing. Any advice please? What can I do? Is it okay to estimate how much they've been charging me? Can I put in a claim for everything I can get of my internet statements and then claim the rest at a later date? They've hammered us for charges emormously this month £8.00 a day for being overdrawn since the 2nd Jan and 4 lots of £35 charges for bounced direct debits!

Helping my Dad, once again claim back charges from his accounts. Calculated that Capital One owed him £672, but they've offered only £278 (no idea how they come to that conclusion!). Anyhow, we declined their offer of full & final settlement to prsure the full amount. But, they are digging their heels in and din't offer anymore after LBA, but that the initial offer of £278 still stands. There is a letter to sign and send back in agreement to this amount for Full & Final settlement. Can we cross out the bit about full & final and replace it with partial? Would they pay up? and then we could go for the rest through the courts?

Does anyone have any further thoughts on this please or details of who to contact. It's time up now and I've heard nothing from my credit card company. I phoned what I thought was trading standards today & the phone number put me through the the OFT in Cornwall. The up shot of it was, they didn't want to know, said I have to complain to my bank and then if still nothing report them to the ombudsman. Surely this seems to make a mockery of the Consumer Credit Act, as I'd be giving them additional opportunity outside of the deadsline imposed in there for them to comply?

Thanks breadline & smoothy. Interesting post there. hmmm, so tomorrow is there last day to provide the agreements. Any suggestions as what to do next anyone? As this topic is still very much in debate, I'm mindful that I have borrowed the money and should pay it back, therefore I don't really want to send them the template letter saying that I don't acknowledge the debt. However, if they wrote off all the interest they'd ever charged me, I'm sure that'd just about clear my balance OR would they just not be liable to charge interest forthwith, in which case I'll continue making repayments and my balance will fall much quicker. Or should I just say nothing to them and report them to Trading Standards and let them sort it? Thanks in advance

On the 6th October I sent of CCA request to my credit card company and as yet have had no response. They backed the cheque on the 13th October so I know that they definately got it. By my calculations, they've had the 2 days allowed for postage, 12 working days, and the calendar month will be up this weekend (26th Nov). Having read through the threads, I'm unsure what the next step would be (providing that nothing arrives this week). Can a credit card debt be totally unenforceable? or are they just not allowed to charge me interest on the amount "borrowed" anymore. Any advice greatly appreciated, thanks

Thanks Caro - template letter being sent to YB today. Then if nothing heard within 7 days letter going to ICO.

Having taken on Yorkshire Bank credit card, I've been trying to do the same with the bank account. I requested satements back in July, they acknowledged the request and asked us to go into our branch to verify signatures, which we did straight away. Yet no statements have arrived. As its well over the 40 days, I know there is a letter I should write to YB giving them 7 days to provide them or take them to court, but should I be informing anyone else that they've not complied also i.e finalcial ombudsman, OFT etc? Thanks

Sorry I don't have a direct link to it, but this is a different regulation from the Consumer Credit Act, 1974. This is the Consumer Credit (cancellation Notices & Copies of Documents) Regs 1983. Hope that helps

Thanks for clarifying zootscoot I'm still paying them

As they have sent an agreement within the stated statutory period does this mean that the agreement I have with them is enforceable? or should I chase them for a signed copy within the remaining time that they have left to comply with my original request.

Hi All, I sent off the letter from the templates library requesting my credit agreement for my credit card with HSBC. As of the 25th October, their 12 working days were up and they were in default, having allowed 2 working days also for the letter to reach them. However, on Saturday morning a letter from them arrived with a credit agreement in. Having read through numerous threads on the CCA request procedure on this forum, I was under the impression that they are obliged to provide a SIGNED copy of the agreement. They have sent an UNSIGNED copy, just with my name and address on, but they state in their letter that under the Consumer Credit Act it requires them to provide a copy, that does not need to be a photocopy of the original agreement as Regulation 3 (2) of the Consumer Credit (cancellation Notices & Copies of Documents) Regs 1983 allows that certain items may be omitted from such copies, including the signature box and signature. Are they right? Any advice on how to proceed if I can would be gratefully received. Thanks