Er excuse me was'nt this thread about something other than the conduct of saynotoyes moderators

If they wish to promote their site maybe a new thread would be the best way

Wait untill you can work out how much you have paid them over the years, you might find that it could seriously reduce or kill off your overdaft.

Good luck

J

It was a judge in the local court who did the deed.

When a MCOL is defended it is refered to the local court

I issued a moneyclaim against Lloyds TSB after following the correct procedure with the letters. Because the moneyclaim system only allows a certain number of characters to be entered I had to edit my claim as I registered it, - not the best way to do it!!.

In prticular I did not send the list of charges that I was attemping to recover, a fatal mistake.

Anyway all appeared to go well for a while, the bank entered their standard defence - "they are services, not penalties" and I duly filled in the Allocation Questionaire.

The following day I received a notice from the court that the action had been struck out "as disclosing no reasonable grounds for bringing a claim" .

After getting so far down the road it was devastating to say the least.

Now after an enormous amount of help from the forum, and another £35 in costs there is at least a chance that the claim can be saved.

If it was'nt for my cutting corners in the first place I would probably would be £700 better off by now.

The moral-

Dont use moneyclaim unless you are sure that you know what you are going to enter. Use the spreadsheet and send a copy with the claim

Read everything you can on the forum - Its there for a purpouse.

J

yes car credit all over again

Good Luck you will win this

Saint, I think you are in the wrong place. You need to be either in the legalities or the Natwest thread.

try posting again

Congratulations Barry, it just shows that we dont have to take it laying down and with a bit of thought can make a difference.

Incidentally a good point raised by nicsussex in the previous post about manual intervention

J

Hi Flor and welcome.

From what I have gathered Barclays dont tend to close accounts but its always best to be prepared, most people seem to find Nat West the best bet

Good luck there is always a lot of advice and support if you need it.

j

I issued a claim against Forthright Finance on the 28th July.

This followed the two template letters slightly edited so they applied to a finance Co rather than a bank.

If you look on the OFT consumer regulations website you will find that they have been slapped on thwrist over their agreements and penalty charges. Plenty of ammunition there

Our agreement with the company sounds like the twin of Boobaby's and I must have spoken to the same charming people.

We managed to stop the harrasment by applying to the local County Court for a time order (the national debt helpline will give you details). One Odd thing though, they issued a defaault at the time but my experian record sshows a good payment record with them

I calculated the charges from a statement that I made them provide at the time so avoided the Data Protection Act letter.

They really are bullies and deserve to be put out of business

I have heard nothing since the claim was issued, if they dont respond by the 10th I shall apply for judgement by default

Feel free to rant, your'e not alone.

Good luck with the claim - you will win

J

Help Please

has any one any ideas for the counterclaim.

J

Help has any one ny ideas for the counterclaim

J

I would say so.

The only explanation may be that you made two unusually large purchases whis did not conform to the template of your spending pattern that the computer has built up. thats only a guess but anyway its their problem not yours. I would certainly hold them accountable

j

Hi Tracie

I am a bit confused which letter you sent,

the preliminary letter starts "My Request"

and the second letter the Letter before action starts "I now understand that the regime of fees .."

could you paste the whole letter onto here so we can see which one you sent

John

This is quite a long story, so if your'e sittting comfortably I'll begin.

When I started the process against Lloyds there were 2 accounts involved,

However they only supplied data on one, A joint current account on which I eventually issued a money claim for £745. Lloyds entered their defence explaining how the chaarges were for services, and CETAINLY not any form of penalty.

The second account was aloan account in my wifes name and the only reference to this account was a sheet of letterhead marked copy statement showing a perfect payment record!!! I WISH

after the 40 day period elapsed I sent the DPA Letter before action, this produced no result so I issued a claim asking for an order to be made to force Lloyds to comply with the DPA.

They have issued a defence stating that the information was sent in may.

They have also put in a counterclaim for £398 being the balance owed on the current account.

so

i. the counterclaim is for an amount which consists 100% of penalty charges

ii. Surely having previously entered a defence and no counterclaim on the claim for the current account its too late now.

iii. If their contention that the daata was sent is true then the "list of payments" must be correct. Therefore all the charges raised on the current account for non payment of these payments are not only unlawful they are a total myth I now seem to have some sort of proof that the payments were all made on time!!!!!

I think that this is going to get very interesting quite quickly and would welcome help on how to frame my response to the counterclaim.

J:o

Sharmal

Did you enclose the £10 fee with your S.A.R ? the 40 day deadline coundown starts when they receive the request and payment.

If you did pay them you can ask a court to issue a notice requiring them to respond. Plus you should certainly report them to the OFT

Good luck

J

my account with Nationwide had been dead for four years, when I paid cash in via the internet it was held in asuspence account. they had in fact passed it to a debt collector. On the same day as I issued a claim I received a letter from a different debt collection agency, followed a week later by another.

After I received a letter from NW saying that the charges had been refunded I got another the following day stating tht my account was being closed and giving one months notice.

When I rang NW they agreed that they were offering full settlement in the sum of £1300+ and it had been put in my acccount.

I arranged with the branch to visit and collect a cheque and sign for the acccount being closed, when I did so I was told that only £1030 was in the account- no one could explain why!.

Head office told me the following day that the balance had been taken to repay the overdrawn amount in the acccount. When I queried why the account had suddenly been re acivated I was told that a "lost" marker ad been placed on the account as a letter had been returned "gone away"

Several things are worrying about this:

1) Nationwide set a collection agency on me whilst the account was indispute aand subject to legal action

2) Either the account is live or dead they cant have it both ways

3) I have written to them acknowledging receipt of the £1030 as part settlement, no doubt they will say that they have settled in full

4) I rang the collection agency who confirmed that their client was NW and they have now been told that the account is closed

Any one have any ideas about this

I thought it was too quiet, The defence and Allocation questionaire arrived this morning. One step closer to my money!!

Fhanks Dolly

Yes it was i nice homecoming present paticulary as there was a letter from Capital 1 on the mat as well with an offer of settlement in full

But - Readers beware

Nationwide have changed tack, after offering full settlement they want to deduct £340 that was tha balance owing on the account. This despite the fact that they refused payments from me and told us to pay the DCA.

(see my previous post)

Ah well

J

Capital 1 ran true to form.

They made a rather hopefull offer which I declined and issued the claim.

A couple of weeks later I received an offer for the full amount which I of course accepted.

I WON

thanks everyone for your help.

Im Back from the holiday, and guess what.

Nationwide have closed my acount because i wont abide by their Terms and Conditions. !!!

But suddenly my (dead) acccount has a balance equal to my claim against NW.

IVE WON

Went into the branch yesterday as per NW's instructions - Head office have not done the paperwork for the interest or costs!!!!

so the saga continues. . . . . .

Account closed

bank switched

repayment got

donation made

J

No I hav'nt, the account is really dead and I have no way of accessing it other than going to a branch and asking. Ill try that when I get back from holiday.

Love the new avatar by the way

J

Lloyds failed to meet the Data Protection Act dedline or the 7 days I allowed in the follow up letter.

I then filed seeking an order under section 7 and section 15 of the DPA 1998

They have acknowledged the claim and indicated that they intend to defend it???

How on earth can they expect to get away with that.! They really are playing dirty now,

Am I entitled to report them to the OFT for the original breach?

J

Its all happening now!

I filed the claim on the 30th June.

on the same day a debt collector (Roxburghe) wrote to me saying that Nationwide had passed the account to them, (a lie they sold it to morecrofts who I refused to pay) and "in ther absence of payment or any valid dispute we will pursue this matter - with or without your cooperation".

I replied in suitable terms but undaunted doggged Roxburghe wrote again on the 7th of july offering me 7 days to settlle the matter "my failure to do so would be bought to the judges attention should I fail to do so." my reply was short and to the point.

The following day I received the Acknowledgement of service from nationwide passing the case to their Legal dept.

I wrote to the legal dept enclosing copies of the letters from their agent and informed them that unless they sorted the situation within 7 days their behaviour will be reported to the court.

Today I had a letter from Nationwide's customer care dept saying that they understand the charges have been refunded and they regard the matter as closed.

I'm off on Holiday tomorrow for a week so I think I can look forward to some interesting mail when I get back

J

I my be wrong but I believe that not having a valid tax disc is not acriminal offence which is why the police usually refer it to the dept of transport