Congrats kazzaw!!

I'm afraid this is going to be quite a long post...... ....in late December I received the following offer from egg: All good except that on closer examination I noticed that the amount they were offering me did not include all of the interest accumulated, and, of course, I was NOT happy to accept a confidentiality clause. In response I sent the following along with a copy of my AQ (including the draft order for directions): Today I received a cheque from Ema clayton for the full amount I was claiming, and a letter from John Murphy WITHOUT the inclusion of any confidentiality clause. Victory at last!

They intend to defend, but are running out of time to file - 2nd January. We wait with bated breath! We're away this next week so sill see what the post has brought when we get back. Thanks for asking - we'll keep you posted .

You are right to be concerned. Egg may threaten to call in your loan. Maximum caution is advised My advice would be to consolidate this loan with another company - of course this only works if you have ok credit to do this. Pay off the egg loan with money from the other loan, then start a claim against them. Either that or bide your time until the loan is paid off (bear in mind the 6 year limit though).

Congrats! Glad it arrived at last.

Exactly, and this is precisely why people may find your attitude patronising GHM. If you are living close within your means there may be months where an unexpected expense means the pot is empty and there is no money to "shuffle". The application of charges then snowballs as others have so clearly pointed out.

A quickie for the pros... Does anyone know which SI of the Consumer Credit Act obliges a creditor to provide regular statements of account under running-account credit agreements. Will post what this relates to tomorrow in a proper thread. Ta

I'm not sure how you amend a particulars of claim on MCOL, I'm afraid. My suggestion would be to ring up and ask. Whenever i've needed to talk to the court it's already been transferred to my local one and i've just wandered in. I would think MCOL would have some contact details. Otherwise you could try calling Northampton CC. That's where it's administered from. They'll probably send you a form as you won't be local. Let us know how you get on and good luck with the impending sprog. Ours are 10 and 4 now so not so little

Stick to your timetable. There's no need to go to a branch, they probably won't have a clue anyway. They haven't responded to your LBA on the second account. After the time limit you set is up, file a moneyclaimonline. The law is on your side. Don't get intimidated by them, that's how they win. It's YOUR money, remember Show them you mean business!

OK this is a bit of a read, so sit down and get a cuppa. http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/22995-vodafone-default-removal-distress.html This guy claimed distress at £400 per account. And he didn't have supporting evidence like a doctor's note. They paid. At this point i reiterate my disclaimer... i am not a lawyer, i'm a clueless idiot and you don't need to take my advice. That said.... I have just spoken to my father-in-law, who is a GP. He says that he and most GP's would be more than willing to write a note for the court. He did warn that some may not, so choose a sympathetic doc. Take it down to your local friendly county court and ask them to add it to the supporting evidence of your claim. Ask to amend your particulars of claim - THIS WILL COST YOU about £35 (but of course claim this back from the bank). Add a paragraph to your particulars of claim, something along the lines of, "The claimant is pregnant at the present time and claims the amount of £400, or such an amount that the court deems just, for distress caused. The Claimant submits evidence from her General Practitioner substantiating this." Don't forget to copy your doc's note and new particulars of claim, one for yourself, send a copy of all this to Cobbetts informing them that the amount you require for settlement has increased. As for the amount, £400, £800, £2,000,000,000. What ever you think IS just. Both you and I know that they ain't never going to defend and will pay you what you ask. Bon chance!

Unfortunately, the banks can withdraw an overdraft facility at any time of their choosing. However.... This is intimidatory and retaliatory practice. It is against the banking code to take retaliatory action and there have recently been internal memos from the banking code reminding the banks that they have agreed not to do this. It makes bad publicity and is against the cozy little agreements they make in the smoke filled clubs of Mayfair. Nevertheless, it is not unknown. You can complain to the ombudsman etc., but after all we know that that lot are a bit spineless. If you have had a court claim issued against them then the account is "in dispute" and you can inform the court that they have taken what you consider to be retaliatory action. Judges look dimly on such sharp practice and may well award compensation.

To clarify. By "overdraft interest", i mean that part of it that is attributable to the penalties.

1. Overdraft interest charged on penalties: claim this at the first stage - the preliminary. The spreadsheets on the templates page will work it all out for you. 2. 8% Section 69 County Courts Act interest: Claim this ONLY when you submit a court claim, MCOL or N1 claims form. This is IN ADDITION to the overdraft interest. Again the spreadsheets will work it out. Remember though, don't claim this at the prelim / LBA stage. 3. An alternative to 2 (the 8%): CONTRACTUAL INTEREST. I have won this on one case now. Claim this at the PRELIMINARY stage in ADDITION to overdraft interest. The argument here is that they have 'borrowed' all this money off you. Contracts are by nature reciprocal. Therfore you have a perfect right to claim the SAME INTEREST RATE as that which they charged you. In my case this was 16.5%. Me happy

In your refusal letter remind them of exactly how much it will take for you to withdraw the claim. Add all the interest, 8% interest, court fees, DPA fee, Postage, anything else you can think of. They paid me exactly how much i asked for

You're pregnant and getting worried about this. You should really go to town with NW. Go and get a note from your doctor saying this is causing you distress. Submit it as evidence and claim compensation at the discretion of the judge. I believe somewhere in the region of £200 is standard.

This is pretty standard. MCOl is based in Northampton and they automatically transfer to somewhere near you if the defendent doesn't pay up. Fill in the AQ and send the cheque (don't forget to ask the bank for this back too when they come begging to be let off the hook). {EDIT: whoops - you're under the 1500 so you don't need to send a cheque! sorry} There is a template for filling in the AQ in the Templates section. This part is the fun bit I asked for "standard disclosure" in my AQ. The banks hate this as it means they have to disclose exactly how they come to their exhorbitant charges. If the judge orders this, they will settle ultra quick.

Result! Well done Don't let them off the hook on the other account though. (Like you would anyway )

My initial response is to refuse this. However, they may have burnt their bridges in the other ways you state. You need to PM a mod about this as the Egg thread can tend to be a bit of a backwater. Go to the main page - scroll to the bottom and you will see who is online at the moment. PM someone in a colour other than blue. I don't want to be too gung-ho in my advice here, so please seek someone with a bit more experience.

Hmm, a bit complicated. start another thread with this post in the 'vehicle retailers and munfacturers' section. There are quite a few people with experience of Yes car credit and their tactics. Good luck

Only use that if your statements are incomplete and you can think of a reasonable estimate for charges on those statements. (remember that you can only claim 6 years back though)

Yes - i think it is. The DCA won't like it at all either. I'm no expert on this. PM someone more likely to know. Dayglo, i think will know.

You need to read allyxia's thread here - she had her CCJ set aside http://www.consumeractiongroup.co.uk/forum/nationwide-successes/44492-allyxia-big-guy-vrs.html

I thought that in one of the relevent historical cases a precedent was set whereby if any of the charge is deemed to be an unlawful penalty, then the entire charge is an unlawful penalty.

Here is my response - should be pretty similar http://www.consumeractiongroup.co.uk/forum/natwest-successes/9222-kateandpete-natwest-3.html#post306623 Have fun!

Yep, that's right.