thanks dx bankfodder see the attached spreadsheet.. . £200 but so old that at MBNA compound interest rate is in excess of the outdtanding debt which was sold off or written off should i start an lba ... is there a chance of this in court?? 9729chargesCISheet v101.xls on another site someone said the rules here https://www.handbook.fca.org.uk/handbook/DISP/2/8.html regarding time limits are not allowed to vary.... do these have any bearing on court cases brought??

hi all In 2004 I got into an awful mess owing a lot of money.. i simply sunk under debt.. all my fault . . i stopped paying everyone ... about a dozen companies.. surprisingly, because i argued the agreements were unlawful and individually the debts were small compared with others I was never taken to court ... i had a lot of hassle from debt recovery companies for seven years or so but i avoided payment: Im not proud of that fact quite the opposite Im ashamed. understandably I ignored all this ppi stuff because i didnt deserve it... however ... i have now began reclaiming my ppi to try to bolster my poor savings... its tough just surviving on a state pension... examining the statements i can see all these excessive overlimit or late payment charges in excess of £12 i paid back then... and would like to claim them back... i did a lot of research on Restitution some time ago and seemed to recall a test case where the claimant argued that he was unaware that he was owed money until recently and so the six year rule only applies once he is aware. I would appreciate any advice whether others had used the same logic and arguments thanks

thanks dx... Bankfodder... sincere apologies but i struggle to remember things these days and i am no longer that well documented.... however here is my best recollection... i ran into serious difficulties in 2007 and gradually stopped all payments to a dozen or so businesses... i am not proud of it... in fact im ashamed of my inability to pay any of my deby.... so i managed to fend off collectors and everyone lost interest about 2010... except Halifax who sold the debt. first credit engaged judge and priestly, they took me to court, my defence was 6 years had expired but they shot that down because it hadn't apparently... they got full judgement... i agreed a repayment of £450 per month paid for 5 months then offered £5000 accepted and paid... yesterday judge & priestley confirmed judgement was for £7223.56 and payments i made. i have the copies sent by Halifax of the agreement and payments made... the apr was 9.3% the proportion of ppi to monthly payment was 0.19 and total ppi charged for loan was £3261.60 ... so the final amount in my spreadsheet adjusts the 5000 final payment to claim only the total on the agreement. can you please check and confirm all ok thanks CISheet v101.xls

Hi all In 2004 I took out a loan with Halifax where the PPI was added to the loan. So i paid for 18 months before i couldn't afford any more... In 2013 the balance of £7000 had been sold to 1st Credit now Intrum... they took me to court... i agreed to pay... paid 6 months at 450 then offered a final £5000 in full and final acceptance which was accepted. So who do I claim this final portion of PPI from??? thanks

hi all i am working through the fos ppi questionnaire and worried about a question about c4 have you missed any payment... in the period concerned 2004-2007 i struggled with excessive debt and across 12 or more accounts or loans i stopped paying and issued letters citing unlawful agreements. for the best part of ten years i was inundated with collection demands. so although for a few years i paid ppi ... i left a lot of debt they had to write off. so my question really is ... will this affect any ppi repayment or are they obliged to repay me ppi regardless of outstanding balances?? i have had questionairres sent to me by Halifax for a loan and plan to use fos questionnaire... i am planning to reply as follows I managed to pay 30 months and then could mo longer afford to pay, Halifax collecters hounded me for money I did not have causing me distress. any advice gratefully received

thanks Bankfodder ... the Library access makes a lot of sense... link is here http://www.financial-ombudsman.org.uk/ppi/im-looking-for-your-ppi-forms.html#forms-2 form is attached thanks ppiq.doc

hi all Not sure why but ive downloaded fos questionarre and using windows 10 and word 2016 i simply cannot enter data into it... it claims the document is protected but i have tried everything i know ... i am an experienced it pro... and its all locked down.. has anyone got an unprotected copy or maybe a cag one... btw can some kind admin person change my permissions to post in the library.... many thanks

DX ... thanks for the reply and link... that is a huge thread.... being a simple soul i used the interest charged £56 on a balance of £2700 to arrive at monthly interest of 2.074 ... using converters here http://www.stoozing.com/calculator/apr-rate-converter.php to arrive at 27.93 as compounded APR.... does this make sense? thanks

yes, i continued paying them on two credit card accounts regardless of charges they were posting so i feel justified in reclaiming these. MBNA sent me some tiny text to show the interest they use... i'm going to use 13.2% thanks

thanks everyone. Bankfodder let me give you one example: I had a Virgin Credit Card... by 2006 I stopped payments because I lost my job at that time I owed about £2600. I will have to trawl through the correspondence but MBNA paid up on the PPI so Im guessing it was assigned to them or maybe they were the OC all along. During 2004/5 they posted 12 lots of £25 overlimit or late charges... then later a few £12 late charges. I thought I read somewhere that you reclaim all these including £12. Does my claim stand a chance in court and what interest rate should i use on the compound spreadsheet? thanks

Hi all just read this thread https://www.consumeractiongroup.co.uk/forum/showthread.php?354380-MBNA-Charges-refused&p=4584652#post4584652 so i ran into serious financial problems... I stopped all repayments on a dozen cards... I fought long battles using CCA and despite a lot of hassle 14 years later nobody bothers me. But I am working through my PPI and noticed that i can reclaim penalty charges ... but through court... however the case above makes me wonder if that judge decision will always be repeated or if there is a counter argument. anybody advise please thanks

I have a number of banks I will be claiming against... CAPITAL oNE MBNA AMEX HALIFAX BARCLAYCARD SANTANDER ONE OTHER.. I assume that the rate varies by each of these? If so how do I calculate the rate?? thanks

hi all ive been reading this thread on excessive charges,, https://www.consumeractiongroup.co.uk/forum/showthread.php?423713-Barclaycard-penalty-charges-(probably)-**WON**-with-restitutionary-interest the suggestion is to use 24.9% ... my question is how has this been determined? thanks zubo

i guess its understandable... however.... my arguments are quite strong.... i had a LOT of credit card debt in 2001-4 ... then lost my job and had no money to pay... every day dca etc were chasing me harassing ... so i desperately would try to avoid talking to them and banks... and was unaware until i started my ppi clains that i had been charged unfair charges... this was the first time i understood that these charges were unfair, so i will try to claim

hi all I am working through my PPI claims and noticed quite a few late charges, overlimit charges some from 2001 is there a process on cag to follow? do i claim the £12 charges ... many are over this.. i want to claim compound interest ... what % should i use?? thanks for any pointers zubo

what happened to this Baz??

hi all, I used halifax website to submit my ppi complaint. they correctly discovered my old loan and credit card 2004/6 and sent me a 7 page questionaire to complete and gave me six weeks to do so... I just had a text msg to say three weeks later they are still waiting questions: can they really give me timescales to complete their form? do i really need to complete their form... can i send them a completed fos form which requires much less information? shouldnt i send them one sar for full statement for each acciunt? any help would be gratefully received zubo

All Thank you very much for your posts. The DCA is IND and I have just checked MCOL and there has been absolutely no progress at all. So claim was issued 16/9/11, I acknowledged receipt and filed defence 17/10/11 as follows: Defence 1. The claimant has not shown true title to this debt and the claim has no merit and is vexatious. The defendant requests that the court strikes out the claim. 2. The claimant states in his Particulars of Claim that he complied with Section III and IV and annex B of the PD Pre-Action Conduct. The claimant has not done so: the claimant sent a letter dated 2nd September 2011 to which the defendant responded on the 5th September requesting the information detailed further below in the defence. The claimant did not respond and instead issued this claim in disregard of pre-Action protocol. 3. In the event that this claim is not dismissed, the defendant disputes the claim in it's entirety and puts the claimant to strict proof of the claim by providing the details which have been requested from the original creditor over the course of the last four years as follows. 4. In accordance with the Data Protection Act full details of the account held by the original creditor EasyMoney including statements containing all transactions on the account. 5. In accordance with the Consumer Credit Act and as requested the true copy of the regulated agreement in full compliance of the Act including all the prescribed terms and the terms and conditions of the agreement as stipulated at the outset of the agreement and in full compliance of the Act. 6. The claimant is put to strict proof of issue of any Default Notice and full details of that Default Notice. 7. The claimant is put to strict proof of the Deed of Transfer from the Original Creditor, EasyMoney to LloydsTSB. 8. The claimant is put to strict proof of the notification to the claimant of the assignment of the debt from EasyMoney to LloydsTSB and full compliance with the Law of Property Act S136 9. The claimant is put to strict proof of the Deed of Transfer from LloydsTSB to the claimant Ind. 10. The claimant is put to strict proof of the notification to the claimant of the assignment of the debt from LloydsTSB to the claimant Ind and full compliance with the Law of Property Act S136 11. The defendant being a litigant in person, if this claim is not dismissed, that the claim be transferred to the zubo County Court. so now... I am sorely tempted to do absolutely nothing... on the other hand I could issue a Draft Order requesting that the claim be struck ou since the claimant has done nothing for six months and has not contacted me.... BUT ... MCOL would then need to allocate it to my court and prompt IND that they need to do something. So I am now in a Mexican standoff ... IND probably thought that I would roll over and never expected my defence and now ... simply do not know what to do.... thoughts??? thanks Z

Keeping this brief and looking for some answers... Debt placed in dispute 2005/6 dubious agreement ... Stalemate in how to resolve. .. Then debt was passed back to Lloyds who actually owned the debt ... New cards issues from Lloyds ... Not used... Exchange of letters with Lloyds ... Then silence ... Then assignment to a DCA I never heard of I sent them one letter when they threatened me with court... No reply they raised court claim with online MCOL ... I filed defence ...requesting all the NOA agreements etc etc my defence was that they had not proved the debt owed... That was last October and heard nothing since. Now ... MCOL should have sent this to a court to be heard if a defence is filed according to their FAQ so this looks like a admin cockup but I would have expected the DCA to have progressed it but heard nothing for last four months so.... I could do nothing and let sleeping dogs lie or send a draft order to request the case be struck out... Anybody done anything similar .... Also I was trying to sit tight and let six years expire.... Does the click start ticking again if a DCA lodges a claim ?? Thanks for any replies Zubo

No.... I have a new battle to fight.... lets leave it

Brig I accept your point about the way a judge perceives the evasion and there are plenty of examples of that.... I have seen too many cases fail because of the rather obvious way the debtor attempts to demonstrate his knowledge... nobody likes a clever show off. I do think however that a debtor should ensure that they ensure their cases are correctly put to a judge but at the end of the day you really are in his hands and his interpretation of the law. It is a lottery.... so much for our wonderful legal system... Chrissie.... I have been helping many people over a number of years here and elsewhere... my only advice to you is the one I was given a long time ago.... if you have received the reply that you have then retain it carefully and safely for when the next foolish DCA attempts collection.... leave well alone... one other thing covered on many threads.... IF a creditor takes you to court then the burgen of proof lies with them... whereas if YOU take a creditor to court then the burden of proof lies with you.... it is far easier to defend particularly with Restitution cases I have researched... walk away and get on with your life. Z

and I beg to differ.... should you really wish to comment then please refer to Virgo "The Principles of the Law of Restitition" and then tell me which sections fail to support an action IF the court rules that the contract does not comply with CCA. and as far as the link offered is concerned, whilst I have read the first penultimate and last pages.... I see no evidence where correctly defended reconstructed contracts are permitted. Finally... Chrissie... I havent read your thread so forgive me if this is incorrect - just because they have not provided the agreement within 30 days does not mean it does not exist! Have they actually written to tell you that they cannot provide you with the agreement?? Z

really???? a link would useful and the legal argument

I dont know what happened to my post... ok.... so the contract is the starting point..... you need to get this declared null and void.... you could argue that the contract should have complied with the CCA and you entered into it in the mistaken belief that it did.... therefore..... the contract should be declared null and void. IF there is NO contract then.... you can commence your action for restitution.... you could as I have done, use this as part of your communications with the Creditor to recover money they owe you. ... and no is the answer.... nobody has paid me anything... yet .... but it is a great threat to the Creditor.... having the possibility of a counter claim! Z

and that is your starting point..... you need to establish that the contract is null and void .. in terms of the law therefore there was no contract, or indeed that there IS a contract. You could argue that if the contract does not comply with the CCA then the contract should be declared null and void since it was entered into in the mistaken belief that it complied with the act.... Z