A s10/s12 statutory notice. Great, thanks. There's so much information on this site i get confused. What do you think about DPA-SAR-ing them and claiming everything i've paid back. When I read about that i thought it was very cheeky, but after all they are a large financial organisation that should know the CCA inside out (and not commit offences under it!).....

I'm just reading http://www.consumeractiongroup.co.uk/forum/other-institutions/10900-loan-company-cannot-supply-7.html carefully again. Is it really true that I can also now claim back all the money i've paid them? If so, I should probably have put that in my LBA. Maybe I should send them another? Come to think of it, i've got no idea how much i've paid them. Perhaps I should DPA-SAR them first and get all my statements. Thoughts anyone?

Hello Ollie-Bollie. Want to wish you all the best, we are at exactly the same stage as you. Issued and acknowledged on the same days. Our acknowledgement was from Cobbetts at Ship Canal House, King Street, Manchester and was signed by A. Rogers. How about you?

I advise you look on the front page, at the bottom is a list of people online, the mods are in green and pink i think. Send a PM to one (or more) of them.

Hi again, thanks for the replies. Yes, I still owe them £600 of which only £30 or so is unlawful charges. Of course, i've got no problem with paying what i owe them and was doing this at £50 per month. However the default was a surprise as i didn't receive a notice. I read http://www.consumeractiongroup.co.uk/forum/other-institutions/10900-loan-company-cannot-supply.html, http://www.consumeractiongroup.co.uk/forum/legalities/11659-how-get-your-default.html and http://www.consumeractiongroup.co.uk/forum/hfc-household/5952-alanfromderby-hfc-cca-1974-a.html and sent off a CCA request for the original agreement, default notice and any deed of assignment. I got back diddley-squat. According to alanfromderby, the debt is now unenforcable as they have not provided proper documentation. In effect, the debt does not exist and I can claim under the DPA for incorrect data (the default) to be removed. As i understand it, i am legally entitled to stop paying the debt at this point. I'd really appreciate some clarification on the situation. I don't want to be looked on as a non-payer, like I say i've got no problem with paying what I owe. However I do want HSBC to comply with the law.

OK, long story short... Got my credit reference files a while back. There was a surprise, HSBC had defaulted my credit card account for £96 on 12/08/04. There was still £600 owed on the card which i was paying at an agreed rate of £50 per month. I certainly never received a default notice. On 26/06/06 I sent HSBC a CCA request for the credit agreement and default notice. No response. I stopped paying the account on 03/08/06. On 09/08/06 i sent them an LBA stating they had not complied with the CCA, that I no longer recognised the debt and that I required them to remove the default notices from the credit reference files. I gave them 7 days to do this. Their time is up tomorrow. This morning I received a usual statement from them with a £12 late payment admin charge applied to the account. I would like some advice on 2 points: 1. My wife thinks I should contact them and request they remove the charge as they are in default of their obligations under the CCA. I think I should just ignore today's statement and proceed with my threat to seek a Court order to remove the default (assuming I receive no correspondence from them tomorrow). 2. What's the next step? I know this is answered somewhere else on the forum, but i can't find the exact procedure (even though i've studied sarrahk and surlybonds threads). I need to pop down to the County Court. Which claim form do I need and what sort of things should i put on the particulars of claim? I guess this is a breach of the Data Protection Act as they haven't substantiated the data they are processing. Help greatly appreciated - even if you just point me to a relevent thread.

Do you know that Stuart Higley is an anagram of "guilty hearts", "reality thugs" and ... wait for it ... "righty salute"! Nazi sympathies maybe?!

Thanks for the advice. I've just submitted MCOL! The total including the 8% interest and £120 court fee is £3573.11.

Can anyone answer this? I sent my LBA and promptly received a fob-off letter. The letter didn't stall for time or anything, just said "am disappointed you are contemplating legal action against the bank. Should you decide to go ahead, please ensure that any proceedings are served on our Registered Office address, which appears at the foot of this letter." This is basically, "come and have a go". Do i still need to wait for the 14 days to be up before submitting MCOL now they've said, "we ain't paying"???

I've been moving house, hence the silence, but now it's time for an update. I received nothing back from the preliminary, so sent the claim LBA (not to be confused with the DPA LBA!) on 31/07/06. Received back the usual fob-off from Higley on 03/08/06. So I've filled in my MCOL ready to send off on the 15th when the 14 days i gave them will expire.

So the Data arrived on the 14th - it was sent on the 12th, bang on the deadline. Needless to say, there were 3 months statements from 2001 missing and nothing about manual interventions. So I sent Alanfromderby's LBA giving them a further 7 days to comply. I totted up the charges for the rest of the 6 year period. £2131 plus £727.09 interest (thanks vampiress for the spreadsheet!) = £2858.09. Sent off preliminary letter for this amount. Now we wait again ....

Hi and welcome. You can definitely go back 6 years. Take a look in the FAQ section for more info - i spent a few days just absorbing all the issues before I started and found a lot of my questions answered there. The 6 year rule is from the "Statute of Limitations". However, there are some more experienced people on here who are testing this limit. One person is on court this week i think (can't remember who), seeking to argue that the banks have deliberately concealed the fact that penalty charges are unlawful. If he/she succeeds in this then the Statute falls and we can all claim back as far as we want. Watch this space!

... and don't let them default you. Use BF's template http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html

I've started this thread as an offshoot of this one http://www.consumeractiongroup.co.uk/forum/natwest-bank/9222-kateandpete-natwest-reply-hm.html as it's turned into a more general point. Background ... I wrote to my MP (Denis Macshane, Lab - Rotherham). He seemed interested and passed my letter to Ed Balls at the Treasury (I believe some other people have had this too). I received back balls from Balls (as BF put it) and replied thus. I've got back a Parliamentary Ombudsman complaint form to fill in and would like a hint or to as to where to go now. On the form it says "Have you complained to the organisation involved?". Well, I haven't ... yet. I've looked around the forums and not seen anyone take this approach ... so ... is there any experience of complaining to the OFT? Does anyone have advice? Shall I just run off a similar letter to above to the OFT and see what they say?

This is *VERY* worrying. My thoughts are that surely there HAS been a breach of contract though. I have gone over my OD limit - that is a breach of contract. Therefore these ARE penalties for breach of contract. Am I wrong? Do any of the mods have a view on this

I'm going to start a new thread in the 'General' section for the dealings with OFT / Ombudsman. I'll keep this thread just for my NW claim. BTW they have 3 days left to comply with DPA.

By the way I sent a reminder to Natwest a few days ago saying they had 16 days to comply or it would be information commissioner time

Yes, indeedy. Here is the letter i have just written in response. Hope it's OK everyone

So, I've recieved a letter back from my MP that Ed Balls wrote. He is a minister at the Treasury... Well, personally I don't think there's anything here we don't already know. He is hardly eager to fight for working people. Typical New Labour!

Does anyone have any advice? Should I send the letter??

Am I better submitting a "notice of dispute" to the credit reference agencies and letting them chase HSBC, or not. Or both?

Oh dear. So I went down to the Co-op to try and open a parachute account. I thought I'd try for a regular current account rather than a basic account as my credit record was surely fine at the moment. 'Twas declined . The very nice lad suggested as it was a joint account I was trying to open I get my wife to apply for a sole account and then apply for sole-joint mandate. So I got the other half to do this (but with Smile as they offer 3% interest on positive balances (if we ever have any!)). That went fine, but when we applied for sole-joint it was declined. So we now have a parachute account, but only in my wife's name. My suspicions rising, I applied to Experian and Equifax for my credit reports..... On Experian .... Mr kateandpete, kateandpete's house DOB HSBC BANK - CARD SERVICES, CREDIT CARD / STORE CARD Started 06/07/98 Default GBP96 Defaulted 12/08/04 Current Balence GBP737 Status history 8 File updated for the period to 16/04/06 Defaulted accounts are kept on file for six years from the date of default, even if they are subsequently marked as satisfied by the lender. On Equifax .... INSIGHT INFORMATION HSBC PLC (CARD SERVICES) (I) Credit Card MR kateandpete Terms 0@GBP0 Monthly Balances Limit GBP 1000 Start GBP 0 Current GBP+737 Default GBP 96 Effective Dates Start 06/07/1998 Default 08/2004 End 12/08/2004 Birth kateandpete's birthday Insight Last Updated 07/05/2006 Monthly Status D In August of 2004 (when this occurred) we were in the middle of a period of two years where we lived in the USA. At this time we moved house from one address in the States to another. USPS believe it or not is even worse than Royal Mail and some post did go AWOL at the time. I remember at the time phoning HSBC to tell them that our "temporary overseas addresss" had changed, but that our "permanent UK address" was unchanged (my father-in-law's house). They told me I was behind with repayments and I needed to speak with their people-who-deal-with-naughty-people department. I did and we agreed that I would pay GBP 50 each month to the account. They told me not to use the card (I hadn't in years anyway), but said as long as I continue to make payments all would be OK. There was certainly no mention of the word "default". I don't have any default notices, but i do have (some) credit card statements. The agreement was renewed without problem in January of this year. I have the letter when this happened and it does not mention default anywhere. I have made an agreement similar to this with another bank for a student account that I used to have and they certainly haven't defaulted me for making an agreement. This is all a slight problem for us as I have a new job and am moving house in 4 weeks. I need to rent a house in another part of the country and have a suspicion that I won't be able to as I won't pass any credit checks. We would also like to get a mortgage sometime before we die:???:. I really need to get this set right, I have written this letter that I found a template for on the web.... Before I send this (recorded, of course), I'd really appreciate it if anyone can give me some advice. Is this the right way to go about this? Does anyone have a similar experience? There is still GBP 617 owed on the account. Is there any way I could use this as a lever? PS. My keyboard has no pound on it, so i've used GBP! PPS. Do I need to start a new thread??!! PPPS. How do I alter the title of this thread? I tried editing the first post in the advanced section, but no luck. Does it need to be modded?

Ok, everyone. Had a response from my MP, he's mighty quick ... So it's going to the Man In Charge My letter was basically the template, but with some extra bits.

OK, have sent letter to my MP. I used http://www.writetothem.com. Natwest have received the DPA. And so .... we wait.......

What an amazing site this is. I sent my Data Protection Act to NatWest yesterday and have just tracked it with Royal Mail. It has been delivered. Forty days is the 12th of July, so let's see what happens. I've got quite a history with NW, they pulled my student account with 2000 pound overdraft in 2001 without warning (after having charged me lots of course). Did the same to my wife the next year. Charges on our joint account must run well over 1000. It's going to be a big claim. I wrote the SAR - (Subject Access Request) - (Subject Access Request) - (Subject Access Request) for both our joint account and my old student account (luckily I still had the number). I guessed that as the data is on one person (me!) I only needed to include one 10 pound SAR fee. I've noticed that someone on a recent thread wrote to their MP, Oliver Letwin. My MP here is Dennis MacShane (LAB - Rotherham) the former Europe minister who now writes a column for the Guardian. I reckon I could pen a letter if people think it's a good idea. Do we have anyone interested from that side of the House yet?