Hi All, I have just (Saturday) received notification from the court that defence has been filed and they have allocated this for "case management" on 19th July 2007 at 12.00am 15 minutes has been put aside for this. What is this, as I do not have an AQ does this mean it has been dispensed with? are Barclays (T/A Monument) required to attend, what do I need to take ? is that all the original documents and letters Help please. Cheers Speedy

Hello, Just to let you know that my first case against HSBC court REF 7OS00062 has been settled out of court for the full amount of the charges. I also did not agree to any confidentiality. Cheque for charges passed to the supervisor of my IVA as "Windfall" Cheque for Court Costs paid direct to me. Just got the second one to chase now ! Speedy:)

Dear all, You may be interested in the letter I received today in response to my partial acceptance letter: Dear Speedy I refer to your letter dated 28 May 2007 I note that you are dissatisfied with our offer to refund £88.00, However our position remains that we believe it is fair when customers' break the terms of their agreement with us, we recover the costs. Therefore, I am not prepared to consider your request for any further refund I appreciate that this may not be the outcome you expected, however I trust that the information I have provided has clarified Bcards position. Blah blah blah terms and conditions Am I correct in thinking that by saying I have broken t&c's they are saying it is a penalty charge and that they recover the cost ! It will be interesting to see the cost incurred by them when I exceeded my limit by being charged a late payment penalty charge. Do I now have their collective balls in my hand ? your comments or advice appreciated thanks Speedy

Hello all the CAG readers. I have received an offer from DG charges plus costs but excludes interest but they are saying they will pay the funds direct to **** ******* as I have an IVA and **** are the trustee's. Does anyone know if they are able to do this ? its my money I am trying to recover, (yes I should pay it to trustee as a windfall payment but I can take back my costs of filing the court claim and AQ first) Is this a breach of DPA as it is 3rd party information ? As my contention is that the money has been taken unlawfully would the trustee then be in receipt of stolen money ? Surely IVA practioners have a duty of care to try and claim back bank charges which have got most of thier customers into the IVA in the first place. ? Can anyone help ? is there anyone out there professionally qualified to advise me, I feel now I would be better off out of the IVA and repaying creditors directly an example is HSBC debt £2100 reclaiming over £1400 charges Help

Managed loans, mine gets really confusing as I have had a managed loan, having got into the spiral of debt I ended up selling my house and paying off the loans then a couple of years later buying another house, then due to my wife not being able to work we got into trouble again with money, charges piled up so they consolidated everything into another loan and made that a second charge on my house, Having just read this thread for the first time I shudder to think how much of the £26k consolidation loan is made up of paying off charges. I moved house and wanted to bank with my local branch and instead of transfering the account they opened a new one with my local branch, I have claimed the charges on the new account but HSBC are stalling big time on the other, they have breached DPA, now 80 days since request, I have according to thier records also been told the statements would be prepared and sent on 10th April and I still do not have them so they were requested verbally and in writing again 21st May. Having spent £30 issuing a claim for breach with HBOS I think it time to do it again for HSBC, only thing is I would not know where to start from are there any Financial advisors or accountants who for a percentage or fee would take this on ? Does anyone know maybe its a good idea for a business, I will claim IPR on it though...please if anyone can give any help or advice let me know...thanks speedy the slug

Hi Pete, looks pretty solid to me, that shows credit cards, you would not happen to have a link to the current account T&C's as well would you please ?

Interestingly enough I have had a response to my LBA, Full refund credit to account, I phoned them on the number given in the letter and had a very pleasant chat and pointed out that the account was closed so would they send a cheque to which they agreed, now I am just waiting for that cheque.

Good luck friendgeorge. Be aware that monument seem to want to play hardball, as even in thier first letter to me they spout on about termes and conditions to which I agreed to be bound they say about late payment fee's and over limit fee's although there is a lovely statement which says: "At Monument we believe that it is fair when a customer pays us late or the balance on the account exceeds the agreed credit limit, the costs we incur are borne by the customer" However, what I object to is when those fee's then take me over the limit and they then charge me again and then charge interest on the fee. They offered 50% as a full and final settlement which I have rejected and so now I am filing in my local court on Monday and including compounded interest

Thank you very much to Rooster and Livelylad. Am I better off waiting a while before sending my court bundles or would it look better to send them early ? I am slightly confused re nudge letters, many posts suggest sending them every 10-14 days and Rooster you say not to bother I will go either way with these, sending one straight away would smack of desperation, waiting a bit longer seems to be working to resolve the dispute and having dialouge before going to court, any suggestions on the way to proceed please thanks

District Judge ****** has considered the statements of case and allocation questionanaires filed and allocated the claim the small claims track. The hearing of the claim will take place at 14:00 on the 19th July 2007 at Oswestry county Court, The Court House, Holbache Road, Oswesty, Shropshire and should take no longer than 2 hours. The court must be informed immediately if the case is settled by agreement before the hearing date. Each party shall deliver to every ohter party and to the court office copies of all document (including any experts report) on which he intends to rely at the hearing no later than 14 days before the hearing. The original documents shall be brought to the hearing. In readiness for the hearing the parties must include in the documents above; (i) Skeleton arguments on the issues arising in the case (ii) Copies of any legal authorities alleged to be relevant (iii) A case summary to set out clearly the parties competing submissions in the event that they disagree on the value of the claim (as distinct from simply disagreeing over whether Claimant is intitled in law to recover any charges). Am I correct in assuming: My court bundle must be in before 5th of July and also copied to DG ? I should now send DG a nudge letter ? Any and all help greatfully appreciated, thanks Speedy

Hi All, Well I have finally arrived at the momentous stage of having a court date: 29th December 2006 SAR sent and Acknowledged 9th Jan 11th Feb Statements received 13th February Request for repayment 20th Feb Standard Bog off letter 27th February LBA 13th March 1707.24 Filed claim 7OS00062 £1707.24 16th March refer to bog off 20th Feb still not completed investigation 16th March court notice of issue, deemed served 15th March 20th March Acknowledgement of service filed by DG solicitors 10th April Defence filed with AQ to be returned by 27 April 11th April called DG asked if they wish to discuss as AQ was £100 I would be adding to total and I would have to file on 13th as I would be working abroad until 28th April 12th April DG called asked for schedule of charges 13th April filed AQ 27th April DG not filed AQ 17th May notice of allocation to small claim track for 19th July with documents to court by 5th July. Am I correct in thinking that a nudge letter is now in order...any other advice greatfully appreciated thanks

Dear all, You may like this: Having sent my SAR I eventually received a pile of statements and a letter saying the stuff held on microfiche would follow which it now has BUT included in my pile was a statement for another Bcard customer showing all thier personal details, I would like to open a little competition for the most creative way of bringing this to the attention of those arrogant bar stewards and in a way that could cost them the most money. I am sure there are some deviously cunning members here who can think up the perfect response, Your suggestions please Speedy:twisted:

Monument Portland Building 25 The High Street Crawley West Sussex RH10 1BG Good luck, I am at the rejecting their first offer stage.

Update. Now received in writing offer to settle DPA breach and I have accepted with a letter saying I will contact the court to terminate the court action when the cheque has been received, I am not getting caught by the old cheque is in the post trick. On the court front we are at the management conference stage so I am sure they are looking not to attend that hence the offer. I have decided to accept the offer of the refund of charges to my account, I have 11 other cases going on !

I am at the same stage with DG my court have said that it is now automatically brought up before a judge who will either issue a "by now" order, giving them maybe 7 -10 days to file AQ or their defence is struck out. Unfortunatly my local court is now taking industrial action so will not answer more calls !