Cheers Reload - you are an absolute star (plus I think my brother is going to hire you for any future claims he wants to bring!!)

Bit of an update - embarrassingly when I checked the particulars of claim I noticed that as well as saying that I was claiming the 8% under S69 of the CCA I said I was claiming penalty charges and interest, I can therefore see where the judge's confusion came from. We don't want to claim the overdraft interest so I rang the court again and explained that I wanted to change the particulars. They have sent me 3 copies of the N1 form and also an "application notice" which I would be very grateful if someone could assist me with what I need to write on this. I guess this is to let them decide whether they will allow us to change the particulars of claim.. Many thanks for any guidance you might be able to provide.. Rivendale

Thanks Reload. I have drafted a letter using your suggested text. I have also re-attached my particulars of claim (in which I DID state about the 8% interest as per the CCA 1984) . I have also included a schedule of the charges and the interest applied for each charge (basically a copy of my spreadsheet). Hope that is enough for them, I think my brother will actually ***p himself if he has to go to court!

Reload Many many thanks. Conincidentally as you were posting this I was posting you a pm!!! Yes I did put that I was claiming interest at 8% as per S69 of the CCA 1984 in the particulars of claim. I cannot understand what he is asking for therefore! Riv

Has anyone else's claim gone this far?? - This letter was actually from a judge at the local county court. It also said that "Unless the claimant complies with this order, the claim shall stand struck out and the defendant may file a formal request for judgement in default and for the assessment of any costs in the proceedings" Is there a mod who can help? - I called the court but the person I spoke to said they weren't familiar with the case and I can't seem to get to the Judge who wrote it.

No we are claiming the 8% interest, although maybe they think we are claiming the contractual interest as there was a place on the form for this... May ring the court as you say.. Thanks for taking the time to reply. Riv

We are well into the claim with my brother for return of his charges from Lloyds. The last action we took was to return the allocation questionnaire to the Court. However, today we have received a General Form of Judgement or Order from the court. The text below refers: "Before DISTRICT JUDGE TAYLOR sitting at xxxx County Court, The Lawcourts,....... Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you mut make an application to have it set aside, varied or stayed within 7 days of receiving it. IT IS ORDERED THAT 1. Provide a list of all the charges which form the subject of this claim and show the rate and period of any interest charged. 2. State what rate of interest applied to unauthorised borrwing at the time the charges were levied. They have given us 28 days to respond. We can (and have already!) provided the list of charges. I guess we give the rate of 8% annually for the interest charged? Not sure what they mean by No. 2 - we didn't claim any overdraft interest back - just literally claimed the charges and the 8% interest. Any help gratefully appreciated... Rivendale

thanks surreyscouse!

29th July. They have until the 12th August to file their defence. The offer letter crossed in the post with the moneyclaim filing.

Many thanks Surreyscouse. I won't write back then. Have had the acknowledgement from the court so far but nothing else. Thanks again.

Having successfully retrieved my charges from the Halifax I am now attempting to do the same for my sister from MBNA. I filed with moneyclaim on 20 July for £1030 and on 24 July she received a letter from MBNA saying how the charges were not unlawful blah blah blah but mentioning that in line with the OFT's guideline they were reducing their charges to £12 with effect from 12 June and were therefore prepared to pay her the difference between her claim and the £12 per item fee which results in a partial refund for her of £490. Has anyone else had this stance taken with them? I am not going to accept it but not sure how to word it as they say they have credited her account with it and the court papers will obviously reflect the whole £1030. Should she just write back and say take the £490 back out of the account? Any advice very welcome. Many thanks

sorry to hijack this thread, but thought it might be interesting for Chipsandsausage too. I too have had a letter from Creation FInancial Services saying that they can only give me details back to August 2004 and for anything before that would have to write to Ikano Financial Services re the Allders card. I really don't want to be having to do two DPA letters - would I be right in writing back to them saying that it doesn't matter who ran the card before Aug 2004, and that they should be able to provide the info? - Not sure why they (creation Financial services) took over the admin of Allders store cards from Ikano (in fact wasn't even aware they had until I got this letter!) If we do have to write to Ikano, Creation FInancial Services have provided the address for them below: Ikano FInancial Services Ltd Adam House Players Court Player Street Nottingham NG7 5LN But I have a funny feeling that they will write back and say that Creation have taken over the account and to get the info from them! Chipsandsausage - have you taken this any further so far?

From reading the posts on here re Marks and Spencer it would appear that no-one has had penalty charges as such but most people appear to have had what M&S term as a "Letter Charge" of £15. I am trying to claim charges back on behalf of a member of my family from M&S and would just like some advice as to whether we can claim these £15 charges back? By the way their DPA info (if anyone has received it) is VERY confusing! - My family member has had 5 "letter charges" but I can't see any late payment charges although the letters are actually for overdue payments:rolleyes:. Any advice would be very gratefully received. Many thanks

Hi Bookworm, just got the DPA info - I totally agree with you that it is confusing. However, I think this may help...... The info I have goes back to 2000!!! - How can they tell you that they don't have the info any more when they have provided it for me for another customer?? I would get back onto them if I were you. The only charges I can see on this DPA info is "Letter Charge" and these are for £15 a time - are they the only charges that you saw on yours? Hope this helps, Riv

See this also if you are anywhere near Manchester - Martiin is holding a clinic on Saturday http://forums.moneysavingexpert.com/showthread.html?p=2248721#post2248721 Hope this is ok to post this here! Was over on the MSE board and saw it..

Many thanks to those that answered btw!! Sorry Iwas so cross that they are now using the £12 argument that I forgot my manners!!

Ah, so they are now saying they are "allowed" to charge £12? I thought this was only a guideline, and therefore could still be challenged as it clearly doesn't cost anything like as much as £12 to send a letter for a late payment? If they and others use this argument do we still just follow the steps as already laid out right up till Moneyclaim time? (or do we accept that £12) is reasonable and just reclaim the difference? Advice would be appreciated please if there is a Mod with a view?

Haven't come across this with a Credit Card, but the advice for Banks is to open a new account in case they do that. Can you open another credit card account - transfer the balance on your MBNA and meanwhile be claiming the charges from them?

Hi Michele, for the sake of a couple of days I would wait. You will then get a letter from the court saying that the halifax intend to defend in full. A few days after that you will get an offer letter for the full amount from the Halifax. If you read my post that is the way it went with me and quite a few others. Good Luck!

I was paid direct into my account about 12 days after they said they were defending in full. Hope that helps.

Hi I am trying to help a friend claim her charges back from her Allders Storecard but am a bit confused as to who to write the DPA request to. Although it is an Allders Storecard with an address of "Allders Financial Services Ltd", the payment slip details "Creation Financial Services Ltd" and it also appears to be something with www.duet.co.uk!! I don't want to get passed from pillar to post by writing to the wrong one in the first instance, so would appreciate advice from anyone who has already started a claim as to who to send the DPA request to. Many thanks in anticipation.

Hi Bookworm Would be interested to know how you are getting on with this one. Having successfully got my charges back from Halifax, I am now reclaiming charges for the rest of the family! My sister has an Marks * Spencer Money Chargecard Statement, but am not sure where to send the DPA request - can you please advise. (Hope this is not hijacking! ) Riv

Trayday - I had the same letter - don;t worry - they announced their intent to defend on something like the 3rd or 5th of May and they paid out in full on the 17th.

Yes

This must be a new tactic for Barclays, because up till now (according to the survey) on average they have been taking only until stage 2 to return money, whereas the average for halifax Customers is stage 3.