Thanks, can I ask should this not mention contractual interest and restitution anywhere?

I've tried that but none of the links take me to it, any advice please

Sorry to hi-jack your thread, does anyone have a link to an example of a particulars of claim for this? I have exactly the same scenario with cap one. Thanks in advance

Both smile and MBNA have not acknowledged my data protection requests. Waited 40 days, then sent the letter before action detailed in the document library. All have been sent recorded and received. How do I take this forward now. I can see two routes here, one is to issue a claim for not complying with the data protection act as detailed in the document library. Does this really work??? The other is to report them. Does this work??? What's the best route and how long does each take. Worried as most of the charges were 5 years 10 months ago from original request, by the time I get the information the 6 years will have passed. Any other advise on how to take this forward will be appreciated. I was thinking that one way is to issue the claim for £4999 so it is in the small claims court and make them defend it by providing the information. Not sure how this sits with the Court though. P.s. Barclaycard and monument have both settled this month. I await Capital Ones response. Thanks in advance.

Does anyone know what the latest with this test case is? PPI claim sent to HFC, they told me that it was on hold due to the case. PPI claim sent to Ombudsman. Called Ombudsman today who told me that they will not investigate until HFC respond, HFC are refusing to respond due to case. Ombudsman said that they are continuing to request PPI to be to be investigated by can't do anything without a response. Anyone know what's going on? Thanks in advance

Thanks has anyone got advise if Court or the Ombudsman route are better for reclaiming the charges if the response is negative?

I've written to 7 of these creditors 2 have sent the information. The 40 days are up tomorrow what is the best tactic for getting details of the charges from the other 5. I'm worried that all my penalty charges happened from Feb 2005 to Dec 2005 so every month they can delay the claim it may cost me a months worth of damages.

Hi, Apologises if this has been started in the wrong place but I find the website hard to navigate. I have some serious debts, 7 credit cards, 2 overdrafts & 2 loans. I'm already disputing the PPI on 1 loan and it is currently with the Ombudsman . I've recently requested my credit card charges for all of my 7 credit cards. The first statements have started coming through and the charges generally exceed the outstanding balances. I have many questions, all of the answers may be available in one document on here but I can't find it. 1. Am I entitled to a full refund? Or do I request the refund less the £12.00 recommend by the OFT. 2. Can I request interest? If so is it at 8% per annum or at the amount charged by the credit company. 3. If interest is chargeable is it chargeable for the months that I have had the interest and charges frozen? 4. If the Credit Card Company sold the debt on to a DCA should the credit card company pay me or the DCA? 5. Can I dispute the debt with the DCA on the basis that it is made up of penalty charges or is that dispute simply between me and the original credit card company? 6. If I have charges older than 6 years do I request that they are refunded as well? 7. If my calculations show that I now owe them nothing should I stop paying them and risk sorting it out in court. 8. Should I also start this for the two overdrafts I had? 9. Are there any standard letters available on here that could help me? 10. Any other tips are more than welcome. Thanks in advance

Hi Pompeyfaith, Did you have any joy with taking on the Solicitors? I'm in a similar situation but it appears that the other parties solicitors owe no duty of care to anyone except their client. The SRA say that compensation is only payable to clients and not third parties so is it all a waste of time or did you find away round this? If you did have joy what was the final outcome? Thanks

Yes the consent order which the court will not seal has been signed by both parties.

Thanks Andy, Do you think a simple letter to the court mentioning 38.6 will do the job or is there a form that I would have to fill in?

Andy, It's was allocated to the small claims court for £4,999. The Claimants solicitors were looking to recover their costs so they convinced the judge that the legal issues were fairly complex and had it changed to the fast track with the anticipation of winning and recovering costs. I agreed to settle at no cost or damages due to the time it was taking me to defend this, to date over 400 hours. I've had to delay my professional exams as a surveyor for 6 months as well which will cause me loss of earnings circa £20,000 for the 6 months. If I'd continued with the case this may have been delayed a year doubling the loss of earnings. If a solicitor has actually done the amount of work I'd done the costs would have been circa £50k, obviously I can't afford that much which is why I did it myself. 400 hours may seem excessive but the case was complex and it has several defences plus the defence set out to prove perjury on the Claimants behalf. This is why I think they were so keen to settle. The differences in the consent order are minor, but I have no need to sign it since the case has been discontinued. By signing it, it only provides the Claimant further protection. The costs are not an issue but if awarded will be substantial, at least £10k. For the sake of a letter to the court is it worth a try? Thanks

Hi, I'm a Defendant in a case and have agreed a consent order with the Claimants solicitors to have the case discontinued and for neither party to pay costs. If it had gone to court I would have won but didn't want the stress of going to court. The Claimants solictor has discountinued the case. I've received a letter today from the Claimants solictor asking me to sign a different consent order with an attached letter from the court. The judge is refusing to seal the consent order. I've phoned the court and thy've told me that the Claimant's solicitors have made error in drafting the order and the wording is not acceptable to the Judge. I'm refusing to sign the new consent order, due to the case already being discontinued. Can anyone advise what the likely outcome would be if I now apply to the court for costs? I'm thinking that the court will say that it was never my intention to recover costs so they will not award them, or there may be a slim chance that the Judge will completly disregard the consent order due to the fact that it has not been sealed becuase he finds the wording unsatisfactory and therefore award my costs. If I've lost my cost entitlement can I apply for my costs incurred after the consent order signing date as these have been incurred due to the solictors mistake/ negligence? Any thoughts are more than welcome. Thanks in advance.

Thanks Cerberusalert. One question do I need to include all of the information about assignment, I did originally sign up to a Monument Card. Although I believe Monument has changed hands from Barclays to Raphael & Sons? thanks

Thanks Cerberusalert. One question to I nedd to include all of the information about assignment, I did originally sign up to a Monument Card. Although I believe Monument has changed hands from Barclays to Raphael & Sons? thanks