This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

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This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

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This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

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What I mean't to ask is what happens now? It's almost been a month since they processed my defense and I'd just like to forget about it now.

Hi all I just thought I'd update you on what happened, so here's my defense: The Claimant states in the particulars of claim that the Claimant and the Defendant entered into a credit agreement regulated by the Consumer Credit Act 1974. The Defendant disputes that this is the case as the Defendant was below the age of eighteen at the time the Agreement between the Claimant and the Defendant was entered into. The Defendant did not breach any terms of the Agreement entered into between the Claimant and the Defendant for the provision of banking services not regulated by the Consumer Credit Act 1974 and the full amount being the subject of the claim by the Claimant constitutes charges levied by the Claimant in breach of the said Agreement. Claim status A claim was issued against you on 1 December 2008. Your Acknowledgment of Service was received by the Court and processed on 19 December 2008. Your Defence was received by the Court and processed on 5 January 2009. I've heard nothing since! Is that a good thing?

Thank you I'll check the claim is genuine tomorrow and if it is, I'll defend it

Thanks, the claimant is Capquest Investments Limited. I have a friend who's a solicitor (he works in corporate law so his knowledge is limited), but he's checked the forms and at first he thought they were fake because the stamp is printed on rather than it being actually stamped. Then he checked through the law society whether the claimant's solicitor is an actual solicitor and she is, so he thinks it's likely it is genuine because obviously the solicitor wouldn't allow her name to be printed on a fake claim form. But, he's still asked me to call the court tomorrow to find out for certain. He also said that the date 22/12/2006, must be the date Natwest sold the debt to Capquest Investments Limited so I need to find out when the default notice was issued. He said that even if it was issued within the 6 year period they'd be forced to disclose all the documents to me, which he predicts they most likely wouldn't be able to do? Also, something I was thinking about...the part of the particulars of the claim it states 'regulated credit agreement'. Would I have signed one of those on a very basic bank account with solo card facilities??

No seal as such, but there's what looks like a stamp for Northampton County Court with the courts details, including a phone number.

Hi guys, thanks for all your encouraging comments! Unfortunately, I don't have a scanner (I use a laptop), but I'll try my best to describe the forms! There's four blue forms with the first showing the claimant, Capquest Investments Limited, I as the defendant and it's been filed with Northampton County Court. The particulars of the claim: Part only of monies due under regulated Credit Agreement number XXXXXXXXXXXXXX Between National Westminster Bank plc and the Defendant the benefit of which was assigned to the Claimant on 22/12/2006. The agreement terminated upon the Defendants failure to comply with the terms of the Agreement and/or the Statutory Notice of Default served by National Westminster Bank plc. The claimant seeks interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of £0.07. Any payments or queries should be directed to the claimant on...etc etc. Amount claimed £299.99 Court fee £15.00 Solicitor's costs £50.00 Total amount: £364.99 The amount they're requesting is only half of which they requested in a letter last week (Sorry, I should have mentioned this in my post above!). Also, I don't know where they got the date of 22/12/2006 from!! I would have just turned 21 on 11/12/2006. The other forms ask for details of employment, savings, and a defense and counterclaim. I hope this helps, sorry I couldn't scan them for you and thank you for your help!

Hi all, I was wondering if anyone could offer some advice... I had a solo card with Natwest when I was 15 which I used to buy something worth 79p. I remember prior to spending this 79p I had a balance of £10 in my account. A few days later I remember receiving a letter saying I was 79p overdrawn. I was confused but later realised this was because the £10 had already left my account but hadn't cleared from my balance. I was under the impression back then that I could literally only spend what was in my account and that it was impossible to be allowed to go overdrawn. Anyway, they defaulted the account, stopped chasing the 79p debt and I forgot about it. Today, I received a letter with some forms that need filling in from a county court. I assume this is a request for a CCJ? The debt is now £600 and I'm only a few days off 23 so it makes the debt 8 years old! Is there anything I can do? Do I need to pay this £600?

Hey guys! I've not really been on here since I successfully claimed back all my bank charges from HSBC! But at the same time I requested information under the Data Protection Act 1998 from the Royal Bank Of Scotland. It's been over 2 months and I received a letter on Friday... Data Protection Act - Subject Access Request 2nd Request I write to you with regards to your recent letter requesting Subject Access under the Data Protection Act 1998. I will be happy to arrange for the bank statements you requested to be sent out directly. The fee for this is £5. If you require a full Subject Access (SAR) the fee for this is £10 but does not normally include bank statements. If you do require a full SAR I shall be happy to arrange. We would be grateful if you could forward a cheque made payable to "Royal Bank of Scotland Bank", for the sum of £10.00 for full (SAR) or £5.00 for bank statements to the above address. If you have any problems please do not hesitate to call me at the Yours sincerely, Joyce E Tudor Retail Regulatory Risk Hmmmmm...I may be wrong, but aren't they mean't to send me all the information they have on me within 28 days? AND, are they allowed to charge me for my information??? Danny

Thanks so much Dave I'm going to do that!! Btw, you know they told me over the phone that the charges are a "deterent"? I requested the tape to be sent to my local branch. Then I got a call from a customer services manager saying they're unable to send a tape and instead, I can go into the branch and listen to the conversation over the phone. Hmmm...do you reckon they know what's on the tape? Trying to avoid me have it? Dan

Anyone?

Here's the letter they sent me regarding the £200.00 out of the £400.00 owed refunded: I write further to our letter dated 24 February, having completed my enquiries into the issues raised in your recent letters. Please accept my apologies for the delay in responding to you. **(I don't)** I would confirm that your account was opened on 12 November 2004, and as such you were provided with an interest free overdraft of £1,000 in line with our Student Service package. **(Am I mean't to be ungrateful for the interest free overdraft?!)** Any borrowing over this amount will attract debit interest at 1.16% in line with our published tariff. I would confirm that the debit interest applied to your account is correct and will stand. You will appreciate that it is the responsibility of the account holder to ensure sufficient funds are available to meet items which are due for payment. Where this is not acheived items may be returned unpaid or the account be paid overdrawn with subsequent charges accrued in line with the bank's published tariff. On each occasion cheques, direct debits or standing orders have to be returned unpaid the bank's standard charge of £30 is applied. The charge may be reduced to £10 or waived if the value of the item is less than £30. A similar charge is applied where an item has to be paid because it has been drawn in conjunction with a cheque guarantee card or authorised via Maestro. This is shown on a customer's statement as 'card misuse'. It is not the bank's normal policy to refund correctly applied charges, however I do note your comments and have exceptionally arranged to refund £200.00 to your account a gesture of our goodwill. Please note that all future correctly applied charges to your account will stand. To clarify matters we do not agree with the contention that the charges have been imposed by the bank constitute a penalty clause and are therefore unenforceable. The bank does not agree with your contention that the charges that have been imposed constitute a penalty and are therefore unenforceable. The contract between the bank and its customer is governed by our Personal Terms & Conditions. In respect of overdrafts, I would refer you specifically to clause 7.11 in section 2. If you authorise a payment that would, if met by us, lead to your account going overdrawn, or over an agreed limit, the bank considers whether or not to make this payment and a fee is payable for this service. Our fees and charges are clearly stated in our published price list, and the circumstances in which these charges will apply are clearly set out in our terms and conditions, of which you will have been provided with a copy when you opened your account. Thank you for taking the time to bring your concerns to the bank's attention. I trust matters can now be considered concluded. However if this is not the case, the next step in our complaint handling procedures is detailed on the enclosed guidance sheet. Yours sincerely, Mr M Cole Customer Service Officer. Ok...so when has an unskilled worker with most likely no qualifications be in a position to decide what's legal and what's not?!?? Why did it take them 7 WEEKS to reply when I gave them 14 days?! I feel really offended now. Without this letter, I would have probably left it. But now I want to take it further if I can. They didn't provide me with a list of charges as requested, they didn't respond within a sufficient time, they're rude and they admit their mistakes but then blame it on me! They also included 3 booklets on their ridiculous terms and conditions and a letter with an address if I'm not satisfied with the response... Any advice? Danny

Nope. They sent me a letter about a week ago saying they were still looking into it and I should expect a reply with the decision and explanation by the 7th. I won't know whether I get the letter tomorrow as I have come home for the easter hols...