My friends son had a broken arm misdiagnosed. THey told him it was fractured after he was still in pain after 7 months. He had a small operation to insert a pin under local anaesthetic and it's now healing well. But she hasn't said anything about wanting to sue the hospital, claim compensation, etc. Why is there always this requirement for compensation when mistakes happen???? Are we becoming America ???? It really p***es me off

Hi, butting in on your thread here I followed the link for a guide to business claims and at the top it says Unfortunately, following the decision in OFT v Abbey and others 2008, it is no longer advisable to reclaim charges from business accounts. Does this mean that we are no longer able to claim refunds on business accounts? TIA

Thank you so much for that. I would have just written that I didn't know what the debt was - this letter puts it so much better

I have received a few letters from Credit Security acting for Wescot Credit Services - Readers Union demanding £132.95 from me and saying that they are going to obtain judgement in the County Court. I don't have a clue what this is for and would like to know where I can find a proper letter to send them to ask what this is for. I did send them a letter after the first letter arrived saying that I didn't know what this was for but still they sent me more letters. I don't want to ring them as it's an 0845 number. Should I ask for a CCA or something else?? TIA.

Hello, I sent a repayment of charges request to Abbey a year ago and got a bog standard letter from them telling me all about the test case, blah blah blah, and that the claims were on hold and that they would keep me informed of progress. I haven't heard anything further from them since. I didn't send a LBA after the letter from them. (Maybe I should have done but I didn't have the confidence in myself then.) My question is - do I have to start again from a repayment request and then LBA, etc. And I presume that I can still claim from 2001 as on the original request because I have already asked for it back (if that makes sense to anyone ) TYVM

Haven't posted on here for a while I never got round to putting the claim in to Court. My question is - do I have to start from the beginning again (request for replayment then LBA, etc) or should I just put in a claim to the Court. I am also assuming that I can still claim back from 2000, as that was on the original claim. Hope someone can help

The debit interest was the interest that they charged me for me being overdrawn. It only amounted to £1.75 over the 2 years . I will be putting in a court claim next week (when I get paid!!). I phoned Customer Services yesterday about the last charge because as far as I can see from my online statement there was enough in the account to pay the DD but they bounced it . The lady I spoke to agreed that maybe it shouldn't have been bounced but she didn't have the authority to undo it. I would hear from another Department within a few days about whether it had been reversed or not. So I thought oh well there's another one to add to the claim .

Haven't updatd this for quite a while . Sent a LBA 23rd May and received an offer of £22 (the claim amount now being £575 cos they have charged me further). Got banged with more charges so sent a rejection letter on 9 July with a revised claim amount of £600 (including debit interest). They have given me another £34 charge today . So when the claim goes in I will be adding that to it as well.

Eventually got round to sending my request for repayment on 23rd April. Got a letter back today basically saying that they feel that their fees are reasonable and competitive with those made by other financial organisations. They also said "that the OFT had commented that they consider that the level of late payment fees are unfair", but however A&L have decided that they were referring to late payment fees for credit cards payments, "which are quite distinct from a bank's fees on current account." They said that discussions were ongoing between the banks and the OFT regarding current accounts. They enclosed a copy of their complaints procedure leaflet. Oh well - on to the LBA And the final total charges was £491.19 inc debit interest.

Well - my Court visit went OK. Abbey rep turned up and gave me a skeleton defence that I had about 5 minutes to read through . There was all sorts of b**lls**t on there that wasn't necessarily quite right. Anyway there was another case that came in at the same time (isn't it wierd how the County Court system works with up to 6 cases scheduled at the same time). The Judge basically ran through the outline of the case and then sent us outside to talk while he had his lunch. The Abbey man said that as far as he could see, what I was asking for was information on my single account before it was closed in Dec 2001. Yes says I - if Abbey had sent it, we wouldn't be sitting here wasting each others time. He said that he presumed that I wanted the information so that I could make a claim for bank charges. I didn't reply to that, but just smiled inside He phoned up their solicitors and wrote out a consent order, basically saying that Abbey will provide the information within 14 days, along with a cheque for £40 for costs (in their skeleton thing they had put that the monetary part of the claim had been settled - I think not). So, I am just waiting for the information to be sent to me, and then the next part of the fun begins.

Received my cheque in the post today for £603.85 . I have decided not to go after the default because I have been reading about it and the default was not caused by penalty charges - just by me not paying . I am now just waiting for the cheque to clear and then will inform the Court that they have settled.

Oh Dear - I am in Court in two and a half hours....... I won't be worried until I am actually sitting there with other people looking at me as if I know what I am doing . Abbey finally sent me their witness statement on 30th March. They really are a bunch of arrogant to**ers aren't they. The documents were supposed to be sent to me and the Court by 21st Feb. The Court phoned me up on Monday to see if I was still attending. Hmmmm - yes I am - they haven't sent me all the information I require says I. Oh well - hopefully it'll all go OK.

No - still fighting for that

Received a letter of 21st March offering me the full amount . Written back to accept it but without the confidentiality clause - I don't see why I should keep quiet about it .

Just starting on Alliance & Leicester. I have got all my statements and have calculated that they have taken £406.60 from me over the last 2 1/2 years Sending my preliminary tomorrow.

Thinking about it - that hasn't been mentioned in either of the letters. I must clarify that situation.

Whoops forgot to say that I had filed MCOL and received my AQ. Received another letter from Eversheds this time basically saying exactly the same thing as the previous letters, £516.45. Hmmm I don't think so. I have received two letters from Eversheds. The first dated 2nd Feb and the second dated 28th Feb, both saying exactly the same thing and giving me 14 days otherwise the offer would be withdrawn How credible (not) do they sound when they send an offer and then send exactly the same 14 days later??? A copy of their defence was sent to me with the AQ. What a lot of waffle - probably exactly the same letter (faxed) that has been sent to everyone. Well I think I will send the same letter that I sent to the previous solicitor and then just wait

Received a letter from the Court this morning giving an adjournment until 4th April @2pm. I just want it over now

OMG I have just realised that I am going to Court on Wednesday . Relax, breathe!!! It will be fine. Abbey have not sent me any of the paperwork that they should have so what happens now?? I sent mine to both Abbey and the Court in time. All this just to get the information out of them that I should have been provided with under my SAR

Received my allocation today - 7th March at local County Court. Got to get all the paperwork together now. I wonder if they will see sense and give me the information I asked for before then

The following letter is going out to Egg today. Any comments before I send it?? Mr John Murphy Egg Banking plc Governor’s House Laurence Pountney Hill LONDON EC4R 0HH 17th January 2007 Dear Mr Murphy Fe_dup_1 v Egg Banking plc Claim No: 7NB00027 With reference to the above claim, I thank you for your swift response dated 12th January 2007. I presume that your letter has been copied to Newbury County Court. Just in case you haven’t I will be sending a copy of it along with a copy of this letter. I spoke to the Court today and there is nothing on file from Egg! They said that they should have sent a copy to Court. Tut tut, Egg With reference to paragraphs as set out in your letter I make the following response: 2 (a) The Schedule of Charges refer to the six years prior to my initial claim for repayment of unlawful charges dated 25th October 2006. I believe that this falls within the timescale set out by the Limitation Act 1980. Hence they should not be excluded from the calculation. 2 (b)(i) The charges and interest claimed to date of service therefore remains at £523.85. 2 (b)(ii) If you look closely at the documentation sent from the Court, the fee payable in relation to this claim is £80 not £50 as stated. I am prepared to accept you offered sum of £486.45 in partial settlement on the understanding that I will be continuing the claim for the remaining £117.40 plus daily interest until settlement. Yours sincerely,

Received a letter by Special Delivery from Egg on Friday. I haven't even received my copy back from the Court yet!!! Basically saying that they would pay me £434.64 for charges and interest as detailed in Claim Form, £1.81 for interest accrued until 26th January and £50 for Court costs that should have been paid. Questions: 1. They have decided that 3 of the charges (£60) are excluded as they dated from Dec 2000 and under the Limitation Act 1980 "any claim based on simple contract must be brought within 6 years of the date of the cause of action". My initial claim for repayment of charges was dated 25th October. Can they exclude these charges? 2. Court costs were £80 not £50 as they state. I think that they are thinking that because they have brought the total cost down by disallowing £60 of charges, they can only pay £50. I don't think so!! So they are trying to get away with underpaying by £117.40. Should I now write back to them with the "thanks but no thanks" letter.

Well, I thought I'd better update my thread!! I have had no further letters from Egg or DCA. I have been sending secure messages to Egg regarding the overpayment and had no proper reply. The replies to my message said that a member of the Borrowing Solutions team would contact me. No-one has done so, so (against my better judgement) I rang them yesterday. They couldn't have been more helpful! The man I spoke to couldn't personally help me so got a "manager" to ring me back. They don't know why the DCA have suddenly returned a load of money to my Egg card and closed my file with them, but they are going to send the money to my external bank account within 3 days. I said that my original messages asked if the credit on my card was due to repayment of an overpayment or a refund of charges. He didn't know anything about the charge situation but the amounts were approximately the overpayment amount. I thanked him and told him that I would be issuing court proceedings immediately. Papers taken to Court yesterday!!! Watch this space.

AQ filed in time for 2nd January. Received a letter from Abbey a couple of days ago notifying me of "changes to my account". Basically they have adjusted the negative balance to £0.00. (Approx £250) They say that I have incurred charges for being in an unauthorised overdraft position, which means that I have a negative balance and because I have not used the account for 12 months they believe that I am not using it regularly and have therefore withdrawn all the charges!!! I am still going to pursue the remainder of the claim though (when they eventually send the information). See them in Court I suppose.

Got my AQ today. I have got to fill it in and return to my Court by 2nd January 2007. Ho hum, what fun!!