This topic was closed on 03/07/19. 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 03/07/19. 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 03/07/19. 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 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 03/05/19. 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

Thanks Cornucopia for your input, which could be worth much more than two-penneth! I'm sure Ian will find your posting of benefit. As I mention earlier in this thread, my debt with MBNA was sold on to a DCA called First Direct, and I've been so pre-occupied chasing refunds from other banks, that I haven't got round to sorting them out yet. The nugget of information you've provided will, I am sure, be of great help. Many thanks.

Hi Ian, I've never heard of TML, although, perhaps other members have, and would be able to offer the benefit of their experience. It may be worth doing a site search for TML to see if anyone else has mentioned them in their threads. Personally, I'm inclined to think (cynic that I am) that this may just be a diversionary tactic on Westcot's part. If it were me, I would give them until the weekend to make a response to your CCA request, and then, if nothing appears, write to them, reminding them of your request and that they are obliged to provide you with a response within the deadline. To be reasonable, give them a further seven days to provide the information, failing which, you will report them to the Information Commisioner, for non-compliance, and qestion the legality of any debt which they claim has been transferred to them. Obviously this would bring into question whether or not they were able to demand future payments from you, or whether you were legally odliged to make them. You could also mention that, since a proportion of the debt comprised unlawful charges, and that you were confident that you would be able to successfully reclaim them, the outstanding debt would be entering a state of dispute, which would further prohibit them from making claims on you. This, hopefully will elicit some response from them, although I would like to bet, initially, at least, it will just be a "fob off" letter. Let us know how you get on! regards

Hi Sybil! Welcome to the site! There are lots of friendly people here who will always be glad to offer help and advice. Never be afraid to ask. Your story brought back lots of memories. I think we have all been in the position of being made to feel guilty, inadequate and alone, through the intransigence and bullying of one or other of the Banks. Sometimes it is caused by our own financial incompetence, sometimes by unfortunate circumstances, but always, it seems to me, that problems are compounded by the greed of the Banks in never missing an opportunity to impose charges and kick a man when he is down. That is how it has been for years. Like you, finding this site made me feel like St Paul on the road to Damascus! Talk about a revelation! Even now, my dear lady wife (who is as honest and straightforward as the day is long) finds it hard to comprehend that Financial Institutions, in whom we place such implicit trust, can behave in such a selfish and unlawful manner, and get away with it. Now then, Sybil, for you and your husband it is payback time! As you have seen from my thread, all the charges A&L imposed unlawfully, are yours to reclaim. It is YOUR money. They won't make it easy, but for the sake of a few hours of study on your part, plus writing a few letters, the end result, both in financial terms and in the return of self-esteem will be immeasureable. First of all read the FAQs! Be aware that there is a slight possibility that your claim might end up in Court. It is extremely unlikely. From the thousands of people who have made claims against the Banks, no more than a handful have had to get any closer to a Court of Law than their PC. Nevertheless, as long as there is a chance, you need to know about it. Look in the Site Library for the Template Letter requesting a list of all charges applied to your husband's account until the date of its closure, under the Data Protection Act. Send £10, in payment. If it was in his sole name, he will have to make the request. Don't limit yourself to six years. I'm pretty certain that the Statute of Limitations, when applied to Mortgages, is twelve years. They will probably tell you that they only keep records going back twelve years, anyway. They have 40 days to provide you with the information. By now, they will have a good idea what you are looking for. Compare their list with the statements you have available. You are able to claim back anything listed as arrears fees, arrears letters, returned cheque charges or letter charges, although there may be others, pertinent to you, which I haven't listed. Normally you would not be able to claim back Legal Charges. On the one statement I had to hand, when I began my claim, there was an "arrears fee" of £99. On the list of charges which they supplied, however, this had become "legal costs", and I successfully claimed them back. As an observation, Legal Costs (monies paid to a solicitor in pursuing, for example, a re-possession) would normally be charged at a rate in excess of £300, even though they use their own legal dept. In theory, the legitimacy of these charges could be challenged, but I lacked the knowledge and confidence to do so, despite being charged several thousands of pounds, over the years. List all your charges on the Excel spreadsheet, in the Library, and when you know the grand total, send A&L a LBA (Letter Before Action. Again there is a Template in the Library). They then have fourteen days to pay up, or you begin an on-line claim through the Court at Money Claim On Line (MCOL). When you begin the process, start your own thread under Other Institutions - Mortgage Companies, so that people can offer support, help and advice. If there is anything else I can do, please feel free to re-visit this thread, or pm me. Once again, welcome aboard and good luck to you and your husband. Phil

Hi Neil, The 40 day time limit for MBNA to furnish you with the information you have asked for under the Data Protection Act, is calculated from the date of your formal request, which should have been accompanied by the £10 fee, and which they may or may not refund. Having received their initial standard letter, what seems to happen next, in a lot of cases, is that you will receive a partial 'goodwill' refund, credited to your account. Best course of action is to accept this as a partial payment only, and then, when you know the full amount of their charges, send them a LBA demanding the balance plus contractual interest, failing which you will begin court proceedings. If they don't pay up, start your claim via MCOL. Good luck!

Hello Ian, Have you done a S.A.R - (Subject Access Request) under the Data Protection Act yet? If not, then send them the Template letter in the Library (leave out the bit about six years) together with the £10 fee. If you quote the account nos. they should be able to send you all the information they hold on you. There is an argument for claiming back charges beyond six years, which I'm pursuing at the moment with Lloyds TSB, but it's a difficult one and I'm not sure if anyone has had any success, as yet. Let us know how you get on.

Hi Ian, I wouldn't. Treat them as completely separate claims, and don't let them try to pass the buck from one to the other. In essence: MBNA imposed the charges; they should repay them: Westcot may not have a legitimate claim on you; it is up to them to prove it. cheers

Hi Joe, As you will have observed, your scenario is very similar to the one which I had with MBNA, except that my debt was sold on to First Direct. I've been too busy chasing the re-imbursement of charges from other banks to sort out First Direct yet, so you are ahead of me on that one, but their turn will come! MBNA were the people who imposed their unlawful charges on you, in the first place, and then charged you interest on those charges. Whatever sum they sold your debt for, will have been related to your total outstanding debt, according to their accounting. If they consider that they made a loss, then they will have been compensated by paying a reduced amount of tax. Therefore, I would have no hesitation in claiming back from MBNA the full amount of their charges, plus contractual interest. This is what I did, and, as you know, received a repayment in full ( having, of course, been given the initial brush-off). Once that is sorted out, you can go after Westcot, and it may well be worth pursuing the legality of their claim on you. I seem to remember it was, I think, Surreyscouse, who was making a similar argument to yours. I will be interested to know how you go on, and, if you get a positive outcome, I may be seeking your advice. cheers

Hi Pombix, Welcome to the forum! Sorry I haven't replied before. I've had a busy day! To start a new thread: 1. Select the forum for the instutution from which you are seeking re-imbursement. 2. At the very bottom left, at the end of the first page of listed threads, click on the box that says NEW THREAD. Type in your query, request for help or story and follow the directions. Look forward to reading your thread soon, regards

Hi Hoople! Do you know how much of your debt is made up of MBNA's charges? If you can arrive at an amount from your past statements, it would help you weigh up the pros and cons of commencing an action to have those charges refunded. My reasoning would be that, whatever charges MBNA have imposed in the past, those charges are unlawful, and, to add insult to injury, they will have charged you interest on YOUR money AND will continue to do so in the future. However, only you , when you have worked out the sums, will be able to decide whether or not to proceed. Of course, if you do nothing now, there is nothing to stop you making a claim in the future, unless there are any changes in the law. Good luck, and I hope things turn around for the better in the near future.

Lists of settled cases pm'd to you, as requested. cheers