that scares the bejeezus out of me! hopefully cca's should shed some light on it, and I'll SAR them as well. I'm going to go to local court this week cos i don't know how to respond to an ordinary writ

The thing is I don't know, because truly I have never had anything at all from them in the last 7-10 years. I had a current account that was closed in 2000 but this does not relate to it-that account is all cleared and the account nos are different. It states that 1 is for a personal loan branch account no xxxx and at 19 jan 1999 it was £3697.91. 2/ is for loan on personal loan capital & interest and at 19 jan 1999 was at £4932.58 plus interest at 12% per annum. 3/ is again personal loancapital & interest at 19 jan 1999 it was £5515.02 plus interest at 24% per annum. It then says "the pursuers have called on the defender for payment but defender refuses or at least delays to make payment and this action is accordingly necessary" [Rubbish.]!! I've never heard a tweet from them, the only mail I get from RBS is an old gold deposit account I have that's got £1.75 in it and has had that balance for ~8years. Hand on heart I have had no requests for payment or defaults re this, I haven't missed them or thrown them out unread. Since I found the forum I have dealt with everything and sorted my finances out. I have been in my house since 1997 and I can definately say since 2000 I have had no correspondence from RBS before this I can almost definately say that but I don't have that good a memory

ok thanks. Having reread it, it is potentially much more it is 3 accounts totalling~ £11,000 then interest on this from 1999!!!!!!so it is a horrendous amount of money. anyway I have sent the CCA for them away with 3x £1. I cannot believe that they would just send a writ out without any kind of preliminary conatct, seriously I have had no contact and I've been here for 10 years.

i received a writ from court this morning (ordinary action equivalant of english multi track) from RBS for 3 different loans totalling ~ £11,000. I have no idea what they are for and have never had anything from RBS requesting payment. I have been at my address for 10 years and have never had any correspondence from them re this. I have not had an account with them since 2000 and certainly did not have these loans. They do include interest so the sum they say that is owed is probably a lot less than £11,000; but even so I did not have them. I have sent CCA's plus £3 by special delivery to RBS, I also stated that there has been no correspondence about this . so firstly should thay have been able to go straight to issuing court proceedings without having had any kind of correspondence with me, reuesting payment etc and giving me chance to explain? secondly is sending CCA's right thing to do or should i have DPSAR them thirdly, i don't owe them but given that I have never had correspondence with them surely whatever they think I owe them (and I really don't) would be statute barred, been in house 10 years and closed account in 2000. any help would be greatly appreciated

Aldershot & Farnham stayed my friends case today even though AQ's have been submitted etc

little equity, took a remortgage a year ago to buy out housing association ( they owned 50%) so there was next to nothing once the legal fees etc were paid, what was left paid the mortgage for about 7 months while I finished uni. think they gave me an up to date statement shows arrears of £1200 (3 months) and pretty much about £50 charges a month. I thought I couldn't get charges back while I still have mortgage with them ( in case they Dump me). so do I just not let this chap from "external counselling" in?

hi thanks. I am currently on income based jobseekers allowance so if DSS pays 50% of my mortgage my dad's offered to pay other 50% for few months until I'm working again plus £50 towrda the arrears which stand at £1200 (3 months payments). I've also got £200 which I was going to pay to them which takes arrears down to £1000. going to see if i can scrounge some more money up as I need to keep my house. I think I get charged for the visit even if he doesn't get in though

can Iask how many months in arrears do you need to be before they start repossesion? I've just gone 3 months ; I sent the form from jobcentre (MI12, help with mortgage payments) I'm now eligible for 50% help, along with letter saying that I'll pay the other 50% plus £50 per month towards arrears. I got a letter from them saying an independant debt counselling company would call on me to discuss ways of paying arrears. yesterday man appeared at my door, i didn't let him in and said that he should have made an appointment, he replied that he had written and asked me to contact him within 48hrs (true), made another appointment to come. Question though from reading letter I pay for this but he didn't appear particularly customer friendly, I got the impression that he was more concerned about mortage provider. any advice with all this?

yippee!! then no need to worry, on with the claims. Good on the Great British justice system!

hi how are the stays affecting scottish courts? has anyone been advised that Glasgow are going to be doing this - or any others for that matter?

if the laws of penalty charges are well established and enshrined in law. let's hope this challenge is seen for what it is.... I for one have faith in the british justice system-we're not America....yet! also this site plus all the others dedicated to this and the legal minds that have helped us before could find a way through this. I'm not a tree hugging hippy but come on everyone think positive thoughts

thanks gg1971. i'll carry on then, cos they make up most of her claim too

thanks jcjazzy. anyone else? it only seems to be months when she's overdrawn.

hi, am helping gran with charges from clydesdale. most months on her statement there is a charge of £25 it's listed as SC to dd/mm. what is this and is it reclaimable? thanks

thanks davefirewalker. i will see if we can scan it somewhere, it was taken out in 2000

hi, i wonder id someone could give an opinion on this. I kept up with this thread and other 2 similar ones for ages but recently been too busy with bank charges. so i hope you don't mind. friend showed me a copy she received from Royal bank of scotland after sending cca request for credit card. They sent a copy of application form(i know that's dodgy!), It says at top "application form" and she has signed it, but there is no box for them to sign; it's been rubber stamped over this with RBS and a signature from them. Also nothing on back , they enclosed a copy of recent t&c's. Now i know that an application form is not agreement and they should include t&c from when it was taken out. I can't scan it on and i just wanted to be sure that i am not giving her bum advice, but I reckon that the RBS rubber stamp with signature. fact that's states application form and new T&C's makes it unenforceable. I know you can't give definitive answer without seeing it, but does that sound about right? i've also told her to get on here and check herself!!!

yes exemption form went with claim form, but it was posted

before i found this site i wrote to bos last june (06) and complained about charges and asked for them back. they wrote back said they were investigating, eventually they said the charges were accurate. so i replied saying it had come to my attention they were unlawful and still wanted them returned. this started the long road. got statements and in november wrote prelim, december LBA. then my dad got sick so i kind of get slack, i wrote to them again in jan and said that was as still pursuing this. my first charge was jan 2001. anyway continued writing making reference to my lettrs from the previous june. eventually filed at court and now have received an AQ and defence form bos saying that they don't know where some of my figures are from(i'm guessing it's the charges from jan 01 to june 01). so question: i'm on benefits and filled in the fee exemption form, do i need to pay the £100, cos I don't have this and secondly do i respond to the defence just now. most of it is bunkem ie they don't know what i'm claiming for-this is nonsense since i have used the proformas off here and sent copies of spreadsheets with detail of all charges with every letter. can anyone give me an answer for this thanks.

hi folks, wonder if the brains could comment on this. helping a neighbour (who's been left with 4 kids and no money)with a cca request to provident(eek!); they sent copy and I used the loan checker link which someone posted. anyway it says that the figures are wrong at 17.7% APR, so i wrote to them and mentioned that this was innaccurate. they have written back saying that APR is 177% and figures are correct. loan checker thingy won't let me enter 177% APR, must be between 0-100%. can anyone tell me how to work this out? thanks

This may not be news for folks; I'm claiming my mum's and my sisters charges back for them from RBS. so yesterday I phoned the number on the letter of acknowledgement and was told that i would get offer in post 8 weeks from receipt of the 1st letter. Today phoned re my sisters claim and was told the same thing. they also said that it would be very near what she claimed only leaving out the overdraft interst. so it seems that 8 weeks is across board

hi remus, thanks for replying. I understand about the 12 days and the calander month, and if the agreement appears after 12 days it can be enforced and after one month it can still be enforced with a court order. maybe I read richards reply wrongly. i thought he was saying that even if the creditor doesn't supply docs they can enforce with a court order; i think i read it wrong though- just reread it

maybe I'm being dumb!! (don't answer) I don't get the bit in the reply by richard about an enforcement order being granted by the court in the absence of a properly executed agreement. It is my understanding that this cannot happen if the agreement is not forthcoming with all the prescribed terms on it and 2 signatures. Even after the amended CCA comes into play it is not retrospective on agreements already in place.

ta much

one last question, do i send the £100 along with the court fee

ok. thanks, so we'll need to pay the £100 fee in addition for the AQ?