I am helping a friend claim back for both thier blue and green Amex cards. Both accounts are closed as he paid them off 18 months ago. Prelim was sent to which he received a response this morning. In it they state they have changed thier default charge on credit cards to £8 and charge cards to £10. They then go on to state that this represents the cost of administering default accounts. This took effect from July 06, but they were not prepared to backdate the decision. This is the first letter I have seen that openly admits they were over charging before. Anyway LBA sent today as 14 days now up.

Exactly. I,m of the opinion they are just playing a numbers game. ie the longer they drag the process out, the more people will drop out the game.

Hi Dolfos, Nice offer. Perhaps they misread the amount and thought you had the decimal point in the wrong place. I noticed previously you had been in contact with a solicitor, but didn't qualify for legal aid. You could ask him about after the event insurance. This is a policy Solicitors take out on behalf of thier clients to cover legal costs in the event that they lose. It is charged as a % of the estimated costs, but the premium can be defered.

Your not asking for statements your asking for a list of charges. They just choose to send you statements. They will send you as far back as they hold which varies from bank to bank. Hopefully they have sold it on. this happened to me. I reclaimed the charges then offered the DCA 45% of the debt as full and final settlement which they accepted. This allowed me to settle other debts.

Hi four, The claim amount is £4'700 as that is the money owed. Statutory interest is just a reflection of the fact that the bank have had the benefit of your money and not you. Hope this helps.

Hi ya, I claimed Contractual against Capital one and won. However most people dont because you have to prove that it is applicable should you end up in court and so it makes the claim more complicated.

Hi Matt, Just send the the SAR and wait and see, A frind of mine has just received statements from Amex going back until 1990. As to the DCA, it will again depend. If they sold the debt to the DCA then no they will not pay them. If the DCA is acting for them, then the answer is probably.

Let me get this right. They made you take a personal loan to cover the charges incurred on your business account? What holes. You are perfectly entitled to claim the charges back, so go for it.

If they offer full settlement, the court would not only take a dim view, they would likely award the othersides entire costs against you regardless of the track. Once you have the money, you must withdraw.

Hi Harley, It does not matter a jot that it went to court, You can still claim. However, it is likely the CC company will pay the amount against the debt, but dependant on the amount you have been charged, this may well wipe out the debt and leave you some left over. I would definatly start claiming. Read the FAQ's first then the threads on the relevant card company before you start. That way you will know exactly what your getting into. I hope this helps

Why would it affect your credit rating? They only way it will do that is if you owe them money and do not pay it. Even then, if your claim equals or exceeds the amount you owe, you should still be ok.

Hi Jamie, It is the date you sent your first letter. No you do not need a solicitor. You can do it all yourself. Why pay out money you do not need to?

Yes it is. You need to fill out another N1 claim form. Highlight the amendments in red, then take it to court along with £35 quid. Hope this helps

Karne, I have tried to PM you my revised witness statement but your full again (no I am not commenting on your food intake lol) Can you let me know when you have some space. Thanks Mark

In that case, see bookworms thread, it has some useful letters in it that should help. http://www.consumeractiongroup.co.uk/forum/halifax-bank/43066-bookworm-halifax-round-2-a.html

It depends. Have you submitted a claim against them?

Thanks Willow, All things considered, I think I did. The only thing is, they also paid the £35 court fee for the Tomlin order, so I think they were as releived as I was. I suppose, every time they go to court, the risk of them losing is always there however remote. I am glad to be rid of the stress. It also leaves me to concentrate on finishing off the Abbey.

If you sent your cheque with a SAR then no they cant. I would write to them and point this out.

Hi Scotty, You file at your local court if doing it manually or it will be allocated to your local court if your going to use MCOL.

I have now pulled the claim. Originally they wanted thier full costs to date. After advice from Zoot I went back and told them I was withdrawing the ERC claim but not the charges. They then called back and offered to agrre no costs if I withdraw the entire claim. As the charges were only £200 ish I accepted. I would advise anyone to withdraw now. The consequences can be frightening. this could include as was threatend a charge on your property to cover the legal costs which could result in you losing your home.

Emailed Brian Binley MP petition to follow

You will get this every six months or so. Write back and advise as your circumstances haven't changed, you will not be increasing your payments, but will continue to repay at the previous agreed rate.

Hi Nikkido, Follow this link. It was someone who had the same problem with the same people. Hope this helps. http://www.consumeractiongroup.co.uk/forum/general-debt/56412-stautory-demands-update-more.html?highlight=statutory+demand

Hi Nikkido. First things first, do not ring Connaught under any circumstances. You are more likely to agree to something you will regret at a later date. Resend your income and expenditure to connaughts with offer of payment. State, you have already done this to Barclaycard but had no response. Stand firm and do not get pressured into paying more than you can afford. Look at the Stat demand again. Has it been stamped. It is not worth the paper it is written on if it hasn't. If it hasn't you also have the option of complaining against thier intimidation.

I would write to them and send it recorded. Advise them, you have contacted them and made an arrangement. You have also submitted post dated cheques some of which have been cashed. On this basis any court action would result in it being defended and that any further inappropriate threats of litigation will be construed as harrassment.