Hi I have sent a SAR to HBOS regarding an account with an overdraft that i have just paid off. The total amount of charges was £2161:eek:. This is going back to 1994. Over the last 6 years its £1850. Can i claim for only 6 years or all of it? Anyway i also have another HBOS account with an overdraft of £900 which i am paying off through a DMP. My wife has a CC with HBOS that is also getting paid throught the DMP and has a balance of £1100. I realise that i cannot get back my money for the overdraft charges due to them being stayed and was wondering whether i would be better off asking HBOS to write of the other 2 accounts instead. I am waiting fro them to comply with SAR's for these accounts which will also have charges (the CC has gone over 40 days and still no copy of the CCA). Has anyone done this and do you think i would have a chance or will they just wait for the test case to be resolved? Felix

Well i still havn't received anything from Welcome yet. Should i stop paying them? All i had was the statement i mentioned previously that showed loads of £10 charges and the capitalisation figures. My balance is going up by £285 a month so i am a bit worried about just leaving it to mount up. I cannot afford to pay that much however so any money i give to them would still not stop it from increasing. What are my options now, im still not sure of the law regarding this as the agreement would have been a secured loan agreement and the house was sold over 2 years ago. They have said i should sign a new agreement but i really dont want to deal with these people again.

Hi Thanks vexlitigant, thats very helpful. Well i have now received a letter from them saying they are dealing with my SAR and should be able to comply within the 40 days. it is 39 days today but i will give them until after xams i think and see what they come up with. This is despite them sending the previous letter saying they dont need to send me any more info than they already have. I dont know whether they are reffering to the previous letter or not Ill just wait and see what comes. They also sent me a copy of their complaints procedure. After sending them this SAR i sent another for an old account which i owe nothing on but have paid hundreds if not thousands in charges. I wonder if that is what made them suddenly become more compliant. Anyway we shall see what i get next. Felix

Hi OK i will send a CCA Request. They may ring xmas day as its not a person on the other end its a computer, once it starts its many times a day every day.

Hi Thanks for the replies. Im struggling to work out the difference between a CCA request and an SAR. If i have sent an SAR then do i still need to send a CCA? If so why send an SAR as a CCA is cheaper. What they sent me is a letter saying the credit limit & balance etc and then a paragraph saying this is all they need to send me and they dont need to send a copy of my original agreement. Then what look like terms and conditions but newly typed on fresh paper. Not copies of the agreements i signed. It looks like they may have also sent typed up versions of the old t&c's but again they are not copies. There are no statements or lists of charges and no copy of the original CCA. Do i wait 40 days or 12+2 days to send out a no compliance letter? Whenever a payment is even a day later i start getting automated telephone calls from them many times a day every day and am tempted to wait until after xmas. I dont want them ringing xmas day.

Hi I have sent an SAR to Halifax for a CC account. We were paying this account for 2 years through CCCS. In that time they have been adding more interest than we have been paying and the balance is going up each month instead of down. I have received some printed sheets that are not copies of the original signed agreement. I have received no statements or anything with signatures etc. The letter says this is all they need to send me and they dont need to send a copy of my original agreement. Is this true? If not what is my next step? Regards

OK, Thanks for the reply. Ill just leave it then. Atleast they are not chasing me for it.

Hi I had a vodafone mobile that i was paying for that my wife used. This was on contract and i paid £32 a month. This went on for the length of the contract and due to the free minutes never went over the £32. My wife had a phonecall when the contract period was up saying she never used all her free minutes and they could halve her bills. She agreed to this over the phone and never received anything to sign. The next months bill came in at over £240!! When i phoned up i was told her new contract did not include any free minutes. She had only used her phone as normal but was now paying an extortionate amount per minute. I told them we had been missold the new contract and would not be paying. They said they would look into it. The next bill was £670. They said i now had to pay until the end of the contract! I refused to pay and had a couple of debt collectors try for the money. Each time i told them i disputed the account and would not be paying anything. I put it all in writing and said i would complain to the OFT and eventually they stopped chasing me. I have recently had a credit report and have noticed they have put a default on my account for the full amount £670. Is there anything i can do to have this removed?

Hi I have just paid off an old account overdraft that i used up until a couple of years ago. Whilst this account was running i must have paid loads in charges. Can i try and reclaim these or has that been stopped now? I read that it is hardship cases only and am not sure what that means.

Hi I sent the SAR letter off to Welcome along with a postal order which they received on the 30/10/08. On the 14/11/08 i received a short statement of my account from the beginning. However this just shows money as a credit or debit. There are £10 debits going out all over the place. Also every time i paid £97 through CCCS they have added £285 in interest. At this rate i am just owing more and more. They have not sent me a copy of my agreement or anything else. They do however keep asking me to sign a new loan agreement every time i ring to make a payment. What should i do next? Any advice is much appreciated. Should i sign a new agreement?

I took out a secured loan with Welcome Finance in 2005. Soon after i lost my business and got into difficulties. I ended up with CCCS for some unsecured loans and credit cards. I moved into rented accommodation and put my house on the market. However the house didn't sell for 6 months and i had to drop the price. In the end the house sold for more than the mortgage but not enough to pay off the secured loan as well. As i was then in areas with my mortgage the Halifax wanted to sell and it went through. After the Halifax had taken my arrears and early payment fees - they gave £1750 to Welcome. This is where the problems started. I tried to continue paying Them my payment but they kept saying they couldnt find my details as my account was being sent from the branch to head office and was in the middle somewhere so was not showing on either system. This went on for months - every time i tried to make a payment. Eventually they started phoning my father who i had not used as a guarantor- but only as a reference. He didnt give them any infomation as he thought it might be a fleecer, but when i tried they could not find any record of me. Eventually someone rang me and thought my house had been repossessed. I told them we had sold it and he said the loan was now an unsecured loan. We added it to CCCS and paid them £90 a month. This has been going along fine until this month. We have stopped using CCCS as they were paying some payments late and it is easier for us to pay the creditors direct. We agreed with them all that we could pay the same amount but we would pay direct. Now Welcome are saying they want the original paymet of £280 a month which we cannot afford. They have also told me that my account balance is £18500. We only borrowed £15000 and we were paying £280 a month before the problems started. Then they had £1750 from the house sale and £90 a month for 18 months. We owe £3500 than we originally borrowed. They also said we do not have an unsecured agreeement with them at the moment and we need to sign one. Im not sure if i should and would be grateful for any advice. I would like to just carry on paying them £90 a month and pay the balance down but it has actually been going up for the last 3 years. I would appreciate any advice on this matter and would like to know where i stand legally now the secured asset has been sold and i dont have a credit agreement. Regards Felix

Hi Well tha total is around 40000. There is a loan which was secured that is 15000 with Welcome finance. This is now unsecured however as i sold the house. I took out 15000, made six months of payments at £250. Than sold my house and sent them £2500. and i still owe £17000. The rest is CC & loans around £4000 each. Ive been paying through CCCS for 3nearly 3 years now but things are going down very slowly. Most of the cards have been more than paid off but the charges/interest etc. mean the balance is still there.

Thanks for the reply. I have a new bank account set up as ive been with CCCS for 3 years. Is there a basic guide on here that goes through the CCA process? Do i send the request to the DCA or the original bank? How will i know if it is unenforcable? Thanks for the help.

Hi I have just joined the forum and am currently paying back a few card & loans totalling £40000 through CCCS. I have paid a fortune in charges over the years and am keen to start claiming them back. I have also been reading threads about people asking for a CCA and having not received it in 30 days the debt is unenforceable and can be wiped. :o Surely that would be too good to be true. Should i be trying this with all my debts or is this just for debts that shouldnt be in your name? They are mostly cards that have been more than paid off but gone to debt collectors and had fees added on so i still owe. I am paying every month but they are not going down. They just get passed between DCA's and incur extra fees. Would doing this affect my agreements through CCCS? Any advice is much appreciated.

Hi all I am a new member and am currently in a DMP with CCCS. I would like to claim back my charges but am worried it will affect my reduced payments i have agreed. Is this the case? Regards