I asked for 6 years statements which they sent , i then worked out the charges which totalled £4300 . I then sent i think letter 1 and letter 2 the 1 before court action then recieved the standard letter saying that they have became involved in legal proceedings with the OFT on bank charges which we believe will resolve the legal issues about the fairness and legality of your bank charges .

I am trying to claim back off Barclays £ 4300 . It was a buisness account well a partnership . I sent all the information back in Feb 2007 and in august last year got the letter saying that it is awaiting the decision from the court which could take upto 12 months . I have recently rung them and they said that no decision has been made yet and that i will be informed . Just wondered what i need to do now and what is the difference between personal and buisness accounts .

I just sent this , nothing else , then work out your charges.. Date xxxx/2008 Account No : xxx xxxx xxxx xxx xx Dear Sir/Madam, Please send me a comprehensive list of all the charges that you have made to my account in the past six years, showing the date and amount of each charge, and a description of what it was for. I make this request using my rights under the Data Protection Act and expect your response within 40 days. Yours Sincerely

Thanks for your quick replys . I have already said to them i am going to go to court , so what do i do now what procedure.

Hi Everyone . I recently asked Capital One for my charges back plus 8% interest . They offered me back all the diffences from £20 to £12 back . I then wrote to them saying this was not good enough and that i will start court action in 14 days . they then wrote me this . " Account No xxxx xxxx xxxx xxxx Thank you for writing back to me about my offer to refund £xxx of the default sums we've added . Im sorry to hear that you feel my offer isnt substantial enough . As Ive already explained, were confident our default sums are both fair and legal and im dissapointed to hear youre considering court action . The OFT hasnt told us that were obliged to refund any default sums, and weve offerd refunds as a gesture of good will. Im afraid i wont be refunding all of the default sums as youve asked . My offer of £xxx is still open to you. I wont be increasing this as it is my final offer. Ive included another settlement form for you to sign and return if you decide you want to accept this . Financial regulations require me to advise you that this is my final responce in relation to this matter . However, you now have the option to contact the Financial Ombudsman Service within six months from the date of this letter. Their contact details are in our complaints leaflet, which i have included with my last letter . Again i look forward to recieving your signed settlement form so we can put this behind us and save the courts valuable time . " I now need to know what to do next , or should i just accept this . Thanks in advance .

Thanks ODC . Plus i asked for it in january , it is now nearly may . So they are well past there 30 days .

Hi people. I too am having problems with link , I have posted elsewhere the letter i sent them regarding my cca ( which was sent in January , still not heard anything ) i then sent this letter to them . xxxxxxx xxxxxx xxxxxx xxxxxxxxx xxxxxxxxxxxxx xxxxxxxx Date xx xx xxxx Dear Sir RE : xxxxxxxxxxxx I refer to my letter dated xxxxx xxxx xxxx .The documents I requested should be readily available as proof of your legal right to collect this account. In my letter I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition statements of my account should have been sent to me detailing all debits and credits to the account from the time xxxx xxxxxxxx purchased this account, along with any other documents mentioned in the credit agreement. You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974. The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired In xxxxx and xxxxxx respectively. As you are no doubt aware, Section 78(6) states If the creditor under an agreement fails to comply with subsection (1) - (a) He is not entitled, while the default continues, to enforce the agreement; and (b) If the default continues for one month he commits an offence Therefore on xx xx xxxx this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to {xxxx xxxxxx }. I require the following action from xxxx xxxxxxx : All payments made to date to xxxx xxxxxx for this account should be refunded in full, including interest at the rate of 8% per annum 2. Removal of all defaults entered by xxxx xxxxxxx . Note this is to be a complete deletion and not merely an amendment. 3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years. 4 After a full refund of all payments with interest and compensation are received by me, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group. If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force xxxx xxxxxx or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP. I look forward to your reply within 14 days to resolve the matter amicably. Yours sincerely xxxxxxxxxxxxxxxxxxx Today i recieved two letters saying : "I refer to your notice under the Data Protection Act 1998. Your xxxxx xxxxx account was assigned to link Financial in xxx xxxx.The responsibility to manage the information placed with the credit Reference Agencies by xxxxx xxxxx was also passed at the time of purchase and the decision to process your information to the Credit Reference Agencies is not based solely on automatic means. Therefore we do not believe we are in breach of our responsibilities under the Act with regards to your details . And the second letter the same day . " Thank you for your recent letter . I can confirm the information you requested has been ordered from xxx xxxxx and we hope to provide this to you as soon as it is recieved. Unfortunately this is taking longer than previously anticipated .I can confirm we are holding your account until this situation can be resolved. Thank you for your continued patience in this matter . " Any help would be gratefully recieved . Thanks

Thanks Spiritgirl . fingers crossed the same happens to me too...

Below is a copy of the letter i am sending today . Just wondered if im doing the right thing . Fingers crossed . xxxxxxx xxxxxx xxxxxx xxxxxxxxx xxxxxxxxxxxxx xxxxxxxx Date xx xx xxxx Dear Sir RE : xxxxxxxxxxxx I refer to my letter dated xxxxx xxxx xxxx .The documents I requested should be readily available as proof of your legal right to collect this account. In my letter I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition statements of my account should have been sent to me detailing all debits and credits to the account from the time xxxx xxxxxxxx purchased this account, along with any other documents mentioned in the credit agreement. You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974. The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired In xxxxx and xxxxxx respectively. As you are no doubt aware, Section 78(6) states If the creditor under an agreement fails to comply with subsection (1) - (a) He is not entitled, while the default continues, to enforce the agreement; and (b) If the default continues for one month he commits an offence Therefore on xx xx xxxx this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to {xxxx xxxxxx }. I require the following action from xxxx xxxxxxx : All payments made to date to xxxx xxxxxx for this account should be refunded in full, including interest at the rate of 8% per annum 2. Removal of all defaults entered by xxxx xxxxxxx . Note this is to be a complete deletion and not merely an amendment. 3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years. 4 After a full refund of all payments with interest and compensation are received by me, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group. If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force xxxx xxxxxx or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP. I look forward to your reply within 14 days to resolve the matter amicably. Yours sincerely xxxxxxxxxxxxxxxxxxx

Similar to Spiritgirl59 . Hi Im new to the consumer forums and would like to say Hi . I asked for a copy of my copy of agreement from Link Financial dated January 17th 2008 . I recieved a letter 5 days later part of it quoting . """ As you are aware Link Financial purchased your debt from Morgan Stanley on XX XXXXXXXXX and as such we do not always hold this documentation . We have requested a copy of the agreement and the most recent terms and conditions your account was operated under from MORGAN STANLEY and look forward to sending this to you in the near future, however pleased be advised that this can take up to 30 days to provide. """ The letter goes on similar to spuddys letter on the link rory32 posted . http://www.consumeractiongroup.c o....e-find-my.html I read the link and just wondered if they are now in default as todays date is 07 April 2008 . I havent rung them or sent any more letters to see where it is , i have continued to just keep paying them . Any help would be gratefully recieved. Thanks in advance . Colin

Hi Im new to the consumer forums and would like to say Hi . I asked for a copy of my copy of agreement from Link Financial dated January 17th 2008 . I recieved a letter 5 days later part of it quoting . """ As you are aware Link Financial purchased your debt from Morgan Stanley on XX XXXXXXXXX and as such we do not always hold this documentation . We have requested a copy of the agreement and the most recent terms and conditions your account was operated under from MORGAN STANLEY and look forward to sending this to you in the near future, however pleased be advised that this can take up to 30 days to provide. """ The letter goes on similar to spuddys letter on the link rory32 posted . I read the link and just wondered if they are now in default as todays date is 07 April 2008 . I havent rung them or sent any more letters to see where it is , i have continued to just keep paying them . Any help would be gratefully recieved. Thanks in advance . Colin