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

A while ago I spotted a sticky thread on how to get a default removed on the basis that the account was closed, and therefore there was no contractual or other permission for your information to be recorded. I'm trying to find it to get some details, but can't find where it was. Can anyone give me a pointer in the right direction?

Last June, I lost patience with one of these scumbags who was making a considerable disturbance outside the house, wanting Council Tax. I threatened him with the courts for excessive charges and he immediately changed his tune and disappeared. After a gap of a month or so, I started getting threats once a week or so from head office. Every time they threatened to send someone to call, I threatened them with the courts. They finally sent it to the local guys at the end of November, possible as retailation for a particularly rude letter I sent them. So I got a letter from the local bailiff, and responded by threatening him with the courts and the possible loss of his certificate. All went quiet for a month or so, and I've just recieved another silly circular from head office. What seems to be happening is that when these people are threatened with a complaint to the court, they refer the case back to higher authority. It doesn't get rid of them altogether, but it does seem to keep them off the doorstep. So my advice to anyone getting hassle from bailiffs is to threaten to complain to the courts about them; in most cases, the victim will have justification for this given the persistent overcharging they seem to indulge in. I can't promise that it will work, but if others find the same thing happening, we may have a partial solution.

Thanks. I have previously Emailed the Council and asked them to confirm reciept of my payent. They ignored the Email, and have ignored everything else I've sent since I asked them about complaint procedures some time ago. I'll try to get the name of someone senior and go over the head of whoever was picking up the Emails.

I've had Equita chasing me for months over Council Tax; I paid it in full, dorect to the Council, back in June. They're still claiming I have unpaid Council Tax, and are making their usual over-the-top threats, when what they really mean is several hundred in 'charges', which are, of course, vastly in excess of anything they could lawfully charge. The persistently refuse to acknowledge the existence of a set scale of fees, and have repeatedly failed to account for what they are trying to charge. If they claim I owe Council Tax when I don't, and make demands accompanied by threats, is this a breach of the criminal law? I'm wondering whether it could constitute attempting to obtain money by deception.

I'm in the same situation myself with them; I'll be issuing the N1 in the next couple of days, and we'll see where we go from there.

Is it relevant that the account was defaulted while under dispute? I'm not sure whether the courts will consider the Banking Code or not. Anything to strengthen my case! I had a letter from them today repeating their offer of partial repayment, and saying that I need to discuss the matter with Intrum Justitia 'as the account is now with them'. They appear to be a firm of solicitors; I assume I still just give Crap1 as the defendant.

Capital One defaulted my account immediately before I issued the LRA; I amended the template to include a request that they remove it. They refused to do so, claiming that they had defaulted the account, not because it was under dispute, but because of my failure to make payments. Note that they have not attempted to deny that it was under dispute when they acted in this manner. They made an inadequate initial offer, amounting to about 1/3 of what they had taken, and then refused to negotiate further. I'm now trying to draw up the statement for the N1, but as I understand that it's going to cost £150 if I include the default, I can't issue the claim until I get paid at the end of the month. Meanwhile, I've been chased by Intrum Justitia for the money; they were on the point of making a claim against me on Crap1's behalf when I informed them that I was about to make my own claim. They promised to put the claim on hold for two weeks, which is now up. So I may find myself on the recieving end of a court claim shortly. Any advice would be more than welcome; in particular, I'm unsure how best to word the N1.

Presumably this was done under Scottish law; would the same procedure apply under English law?

After jonni2bad's bad news I think we need to get together on this one. If everyone who's trying to deal with it puts their heads together, then hopefully we'll crack it, but we won't on our own. I've posted twice about it on the Crap1 board, and got no reply at all. Who else is working on it?

Could you post copies of all the other documents you issued, or as many of them as possible? I'm in the process of drawing up a court claim against Crap1 for repayment of charges plus the removal of a default. What you posted is really helpful, but anything more that you can offer would make life easier for others in the same situation.

I hope she didn't sign it. You could go to the courts with a complaint about that.

I'm drawing up the statement for my claim, based on the Moneyclaim template. I need to add a clause relating to their having defaulted the account, for a sum consisting entirely of unlawful fees, while the account was under dispute. What have they actually breached, that I need to mention? Any help with wording would be more than welcome; has anyone dealt with this one before?

I assume that this would apply to a bank account or credit card the same as it would to hire purchease agreements.

I wish you'd stop advertising a 'no win no fee' service! I'm in the same position with Equita; I was being chased for Council Tax, and when I had a late payment they tried to put the bill up so high that I questioned it, and found they were trying to put almost £400 on top in fees. When I checked up I found a scale of charges on Birmingham City Council's website (I live in Birmingham) which appeared to allow them to charge no more than £35 for the first two visite. They've never been in the property or taken walking possession of anything. So I sent a cheque for the tax, and queried the charges. They returned the cheque, so I paid it online to the Council instead. That was back in June. They're now chasing me for over £700, which is persistently being misrepresented as Council Tax. At least I've managed to prevent any further visits; every time they get too pushy I just threaten them with the courts, as I noticed the last bailiff to visit vanished very fast when I mentioned the dreadful word 'court'! I just get threatening letters almost every week, and ignore them. If they get too pushy I really will take action, but I've got my hands full at the moment with the banks. Over £3000 recovered so far, and no fees paid to anyone.

Thanks. Is there a template anywhere I can use for whatever I have to add to the Moneyclaim regarding the default? having managed to come up with an estimate of the interest they've charged me on the unlawful charges, how do I work out the 8% on that?

I'm in the process of doing the Moneyclaim form, and I just wanted to make sure I was putting the right things into it. I assume I can claim the unlawful fees plus the interest they've charged on them, the court costs, and ask for the removal of a default which is less than the total of the charges, and which was put on while the account was under dispute. Can I add postage costs? If I'm right, I can just pay £20-odd balance and we're quits, once Crap1 can be forced to admit the fact.

There's a good letter here which I've adapted for my own claim. Let us know how you get on. http://www.consumeractiongroup.co.uk/forum/barclaycard/30585-pb-barclaycard.html

I'll be using your template for the initial letter, thanks. Keep us posted about how you're getting on.

Yes, I'm finding it's pretty standard for the banks to get quite aggressive when you start a claim. Don't be intimidated!

I've now received £2748, including interest at the contractual rate, from this bunch of ripoff artists. If anyone's having problems, just keep going; I only owe then £400 now rather than over £3000.

I've run into the microfiche brick wall like everyone else; am I right in thinking that I can average out the charge per month, apply that through the life of the card, and send in a claim based on that? If I do, then they end up owing me money rather than the other way round. I'm just waiting to hear what people here have to say, just in case I'm heading in the wrong direction.

Check whether their charges are in line with the set scale for Council Tax cases. if they aren't, threaten to go to the courts over it, and if they harass you too much, go to the clerk of the relevant Magistrates' Court and make a complaint. I've been having problems with Equita, and my strategy is to keep threatening this, as their charges are totally out of line. Last time I had a visit from a bailiff (June 24th), he left as soon as I mentioned the word 'court', and hasn't returned, though I'm still getting threats through the post from Head Office. My strategy has been to pay the Council Tax arrears via the Council website (they're now cleared), and refuse to pay a penny of Equita's fees, as they're unable to account for them satisfactorily.

I don't think the two are comparable, unless I'm talking about something different from the rest of the thread. If the bank charge me £20, add it onto the total debt, and then charge me £2 interest on the extra 'loan', then surely I'm entitled to ask for £22 back, and if it gets to the point of issuing a claim, 8% on top of that.