Helps greatly, Thanks very much, I was thinking that I had to put my bundle together and heve it ready to submit to the court when I returned the AQ. Looks like from what you are saying, I will have a couple more weeks after my AQ is submitted to put the bundle together and return to the court. From what you are saying If DG do not submit an AQ in time anyway, I may not even need to put the bundle together and get a judgment in default. Either way I am more that prepared to put the bundle together and go all the way if necessary. Thanks again, Kind regards

Can anyone help with the above question as time is running out for me now. Thanks

So does this mean then that the court bundle must be presented to the court at the same time as the allocation questionair is returned to the court, or do you return the alloction questionair, then get a date from the court and a date on which the court bundle must be presented. Thanks all...

Just a quick question, another dumb one I'm afraid. I have received my questionair from to court to fill in and return, I think that it is called an allocation questionair, I have to fill this in and send back to the court with £100, by a given date. Question is, do I submit the court bundle at this point or will the court write to me again with a court date, and will that then have the time that I need to submit the court bundle by. Thanks very much...

Hi Tiffla, I have sent you a PM. Thank-you

Excellent result Tiffla, well done to you, I am sure that after all of the worry the result made it all worthwhile. I have been following your thread with great interest as I am at exactly the same stage as you seemed to be when you started the thread. I have picked up some great advise from this thread, and from the whole site in general, and wanted to say thanks to everyone for their great advise and input and sharing their experiences so that we can all learn from them and then use the experience to stop the banks and the like from just doing what they want with our money. They have had it their way for far too long and it is so good to the people power getting justice as last. Would it be OK to ask you some questions about how you did what you did, as it proved to work very well indeed. I have just received the defence from DG and it seems to be a standard defence that they are putting out, very short and basically arguing that the terms and conditions are not unfair. From the pack that you put together, at what point was it that you submitted this to the Court, was it when you received the defence from DG with the court form to fill out? 1)Statement of evidence Excellent evidence and well submitted 2) Letters from claimant (less the “without prejudice” ones) 3) Letters from defendant (less the “without prejudice” ones) Can you not use any letter that has “without prejudice on the top of it? 4) Bank statements Did you just submit copies of all of the relevant statements? 5) Schedule of charges Is this just the spreadsheet listing all charges with interest due? 6) Relevant case law to penalty charges Do you have a copy of this that I can have or a link to it? 7) Early day motion What is this please? Dunlop v new garage Do you have a copy of this that I can have or a link to it? 9) UTCCR’s 1999 Do you have a copy of this that I can have or a link to it? 10) UTCA 1977 Do you have a copy of this that I can have or a link to it? 11) SOGA 1982 Do you have a copy of this that I can have or a link to it? 12) OFT’s summary on credit card default charges Do you have a copy of this that I can have or a link to it? Thanks very much for all you help that you can give with this. I too am feeling nervous and just have this feeling that I will be the one that they want to go to court with, so the better the defence I can have the better. As ever time is of the essence with this as I only have a short time to get the form back to the bank, so want to have as much time as possible to put this pack together. Thanks again and well done on your result. Kind regards, Ram SC427

Hi there, I too have just received this charge of £23.50 for a failed DD. I called T Mobile on the off chance that I would get to speak to a human that would reverse the charges, Unfortunatley not, they insisted that the charges were in their terms and conditions and therefore I had to pay it. Question is this, do I pay it and then claim it back under the illegal penalty charge rules, or do I write to them explaining that the charges are not legal under the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contract Regulations 1999. Are these the correct regulations that I shoud be using, and where can I get a copy of them so that I know what I am talking about and not just quoting a set of regulations that I have not seen. They were trying to tell me on the phone that this is not a penalty charge, but rather an admin type of fee for the failed DD. Under these regulations, can I get them to explain their scale of charges and how this £23.50 is arrived at. I a looking to write to them in the first instance to try get these charges taken off, but I am more than willing to take them to court to do so should that become necessary, just wanted to know which was the best route to go down and exactly what regulations to quote at them and how they are in breach of them and where I can get a copy of said regulations. Thanks very much.

Forgot to add that I have not dismissed their offer completly as it is an offer of a full refund, I have accepted this, but with no conditions attached. I have done this twice now, but still they will not refund my moeny untill I sign the declaration.

The declaration I had to sign was identical to the one that has been posted by "Half ax I" above. I do not agree to their conditions of acceptance which means that they could charge me penalty charges in the future and I had signed away my right to do anything about it. I feel that by them asking me to sign away my rights to take them to court over illegal penalty charges is a breech of my human rights and I am looking to fill in an N1 and tick the box that says this is a humans rights claim. Has anyone else managed to get around this declaration by FD without a court claim. I am more than willing to take them to court and it is in my interst to do so as it is worth about another £500 in interest that I could add to the claim. I think that it is more than reasonalbe to be able to retain my right to take them to court in the future and I feel that it is FD that are being unreasonalbe in looking to take away my humans rights.

I did send them a reply saying that I would accept but with no condidtions from them but they were just not listening to what I was saying to them. Time I think to fill in the court form as this will now include interest which will mean that they will have to cough up another £500 or so... anyone else had this...what was the outcome... Thanks ps. I will try to post on here what they said.

Hiya, FD have agreed to repay all of the charges they have made against me, but they have said that I must sign a decalration saying that I will not take any action against them in the future, of course I did not sign as I wish to reserve the right to take whatever I need to in the future. Problem is that we have reached a bit of a stalemate, they have agrred to pay me back but will not do so untill I sign the form. I am now looking to take them to court and tick the box that says is this a human rights issue, as I feel that it is. They are trying to force me to give up my human rights in taking them to court in the future. Has anyone else come across this and how was it resolved. Thanks Rgds

Hello, just joined up and thopught I would stop by and say hello to everyone. I am looking forward to getting around the site to see what usefull information I can pick up on taking my bank to court to recover all of the charges that they have made to me over the last few years. I will be reading through the FAQ section and hopefully this will geive me all that I need. I hope that at the end of it I will be able to share my experiances with everyone else and spread the word on how they can then do the same. Thanks Rgds Andy