Holding this guy's goods to ransom because he spoke abruptly to you smacks rather of the playground, I'm sorry. This was a simple mistake. He's well within his rights to be peed off and the tone of his emails as this goes on shows this plainly. Frankly, if I had received your emails as a seller, I would be a little put off by your tone. Think of the other guy, meant to receive that parcel, too - what did he do to you? The revelation of your data may be illegal, but I think it's an empty threat - it sounds like the words of a man desperate to get his items back and therefore satisfy his (better) customer. If you do go to court over this, th

I have had a number of various HO and loands with these poeple -most are now settled but looking atmy varous statement ive ntoiced how much rubbish they have added onto each of my agreements. So its time to start to getmy cash back off them. Time for the SAR I think!!! Does anybody know if you can claim back the really extornation "Agreement Fee" they seems to sprinkle like fairy dust everywhere?

Hiya Im at the Court stage now with these. Im only claiming £300 but still its lot to charge £40 per month beacsue I choose to pay by cheque!!!

Hi and welcome to the forum. Some of this info you will already know, so I apologise if you have already seen some of it. The process that you will follow is relatively easy but IS NOT a get rich quick scheme. Spend time reading the FAQ pages as this will stop you making mistakes along the way. Read as many threads as your eyes will allow, you will gain invaluable knowledge which will give you the confidence you need. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere. Then start your own thread under the relevant bank and other users will help and guide you along the

There's a nice clear little template here; just modify it to your circumstances, including the threat of court action. It is the case that the seller has to prove delivery in any action; I just can't find the damned link anywhere...that's what a hangover will do for you...sorry . Try asking rosiecotton about the proof of delivery, s/he's good with this sort of this. You said that it was a Christmas present for a friend? Was the company aware of this? That brings the delivery under 'time is of the essence' and goes in your favour. Another thing: is this a business, or a private individual here? because that may affect any advice you are given

Wow - I thought people were going to tell me to stop being mean. Just glad that there are people on this site who see sense and view the bigger picture of right/wrong.

I like this idea !!?? Could it be incorporated somehow into a draft of proposed directions in your AQ ANY MODS OUT THERE, WITH ANY IDEAS ??

I'm using the prelim template from here, amended for the contractual interest element as follows: What I require I calculate that you have taken £3879.00 plus I have also included the amount I calculate in compound interest at your published Unarranged Borrowing rate of 29.69% totalling £7121.68. The total amount I am claiming from you is £11000.68. I enclose a schedule of the charges which I am claiming with this letter. Can anyone who's better than i confirm that this would be ok before i post it to Bishopsgate?

I quite agree with both your response and the response of Isiris. When first reading this I suspected a wind up but as the thread progressed, like yourselves I started to believe that how this person was behaving was in fact real!! I would just like to add that I have PM'd a Mod to get their interpretation of this ridiculous thread as I believe letting a thread like this continue is totally against what the site stands for. I wonder how the person is feeling who received your goods in error??

BS I think this is the second time we have both posted on a thread where this has been the case. There does seem to be a tendancy to come onto this site and try and find a way to just take things the the ridicculous extreme. I think the other thread was someone who had been stopped for alledgedly shoplifting, said he wanted an appology, got one, then basically wanted the keys to the store as compensation (Not exactly but you know what I mean) While the OP may believe the regs are how they interpret them, I do feel that to think something that you have had delivered incorrectly should be yours whatever the circumstances, is not really i

I had the same from one recently Peter who claimed they were not the creditor but had been assigned the debt. I used that quote to put their mind at rest very quickly

Hi KenSpe! Just their usual delaying tactics... They will start paying your Claim into your account in drips and drabs soon. Note that they have quite often paid other CAG Members short. Accept all they offer U, but in Partial Settlement NOT Full Settlement. U then just have to carry on the Court process to get back EVERYTHING that U Claimed! Hope this has helped to re-assure U?!

HERE IT IS PEOPLE !! Although I say so meself, it is a thing of beauty !!! LOL 6 January 2007 Barclays Legal & Compliance Litigation & Disputes Level 29 One Churchill Place London E14 5HP Dear Mr Lombardi, Thank you for your letter, dated 5 January 2007, received today. If, on receiving a letter from Barclays bank telling me that they were charging me another £35.00 for a paid referall, I wrote to the bank offering to pay £15.00, you should be able to well imagine what their reply would be. Were do you get the effrontery and the gall to expect me to be any different ? Your offer is re

They are wrong Semi, I am working on my response now... But just for you lol here is a sneak peek 8. The Defendant in any event puts the claimant to strict proof that it was a 'creditor' for the purposes of the Consumer Credit Act 1974 and not an assignee of the debt. Easy... As per a letter from HSBC dated 12th September 2006: "I am writing to inform you that the above account was sold by HSBC Bank plc to Kingshill No.1 Limited on 2nd May 2006. This mean that the effective owners of the above account are now Kingshill No.1 Limited. I also have a statement of account from Cabot Financial confirming that they aquired the de

Milly My suggestion. They are implying that the payments you made to them were allocated against charges first. What they are tring to imply here is that the additional interest you paid each month as a result of being more in debt due to the charges cannot be reclaimed......but this is an invalid arguement as far as I can see? Regardless of how the payments were allocated, you were still more in debt to them than if you had never had the charge....eg a £20 payment to them should have gone towards paying off your balance to reduce the interest you would have been liable for on that balance....however it did not, as you had had the charg

Oh what a performance... I took the cheque to my old branch and presented it at the counter, only to be told it had to be paid into an account??? What a load of rubbish, it was a bankers draft and, as far as I am concerned, is as good as cash. The counter clerk called her supervisor, who also said it had to be paid into an account. Cue ever so stroppy attitude from me, and quite loudly said "well if your head office had not closed my account I wouldn't have had to come in with a bank draft cheque like this". They went to find their boss, who had to make a phone call. No idea where to but they eventually came back to ask me for

from the date of the S.A.R. 18th November

If you want to follow the conventional route, see this - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html If you're considering using the new stratagy, read the explaination on post #39 - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-2.html#post448100. If you want to go ahead, print off Bankfodder's draft order from post #2 - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html#post441556 and attach it to your AQ. Then see post #93 (a couple of posts above) for

Hi Nagumos. Congratulations. Well done.

Please stick to one thread. I answered this on the other thread, and I'm too old and tired to play hide and seek!

Hi Trish. That is the whole idea. That is what their intimidatory practises are geared towards. That's the idea behind their slow response times.... frustrating you into giving up your claim. But you're on the CAG site now, and we DON'T give up. That's the the reason we always advise you to stick to your own timetable and not allow them to railroad you. Our timings are as follows... Prelim. letter, giving them 14 days to respond. Letter before action, giving them a further 14 days to reflect. Moneyclaim or N.1 form. Don't let them delay you any more. They have had more than enough time already. Go to Moneyclaim On-Line

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Dear Red I am going to try and PM you re your mutuality point. Regarding the nerves, it is good to be nervous. Litigation is daunting and to go in guns blazing with a 'gung ho' attitude would, I think, lead to the making of silly mistakes which may undermine your credibilty and that would be daft as you are clearly switched on. Regards Paula

If it helps, I just checked NatWest's online rates for their CurrentPlus account. Authorised is now 17.37% AER, and unauth. is 29.69% AER.

Oooh, I wish I could have seen his face when he opened it... sorry I didn't reply earlier, the letter looks the absolute model of reason, and that's obviously what the judge will like. £800 for a bit of chipboard, honestly. On the decorating part - I personally would have allocated him a little more, but I don't know how big your property was; we've got a one bedroom flat, and a fresh coat of paint all over would probably take around three hours - but ours is quite a small flat. I suppose it all depends on how big your place was Well, you'll hear back from him by the 24th, if you're counting Saturdays.

Absolutley normal... the defence comes in with about 43 seconds to go. It is likely you will get an offer when it's time to put in your AQ. Things are following the usual path... so don't panic.

UPDATE Sent copy of my AQ to SC & M following their request just before Christmas. No surprises on their AQ!! Have today received the following letter from Newark County Court: General Form of Judgment or Order To the Claimant kazzaw Before District Judge ................. sitting at Lincoln County Court. EX PARTE IT IS ORDERED THAT The Court of its own motion is considering striking the Defence out as an abuse of process on the basis that it has settled all previous claims of this nature. If the Defendant objects to this course of action it is to file at Court within

Oh I hate it when the courst drag things up as well like my blooing natwest case!!

I think I know what you are asking, but the simple answer, and because it is oversimplified it will lose accuracy - The contract between us and the banks was breached by us originally when we went OD without permission, or failed to have cleared funds to cover a DD/SO etc. In response to those breaches the bank, quite properly, is allowed to charge us a sum of money to cover the losses they incurred by our breach. What has happended though is that the amount claimed by the bank can and is being viewed as a 'penalty' and penalty clauses are unenforceable. In terms of implications to the bank, there are none really. Lawyers often dra

Spud my thoughts for what they are worth would be along the lines of lickthewallfatboys "leave well enough alone" if your dad didnt really pay them in full and they are now cleared forget it lesson learnt !

I think common sense would say "leave well enough alone"......he got off with short settlements and and would not really wash if he was to pursue charges.I think you have to weigh up the fact of getting away light with paying less,against stirring the pot again just my opinion,but I would keep stum.

Hi Shark, Firstly the high penalty charge that they will charge you for early settlement is a PENALTY CHARGE, As with all penalty charges this charge will also be unlawful, I cleared my Firstplus loan early and they charged me over £750 as an early settlement penalty charge, Did I accept that..Did I hell..Im due in court with Firstplus to recover this Charge on 05/02/2007. With a secured loan you will also have legal fees to remove their security on your property, this I would expect to be in the region of £150 and I doubt if there is any way that you can avoid paying that. Re the mis selling of the PPI Policy I would go for the

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Well done Jan for getting your spreadies linked here !! I shall take a look at those, as I'm learning about these at the moment. I have spent most of today on the copy I have been working on for Vamp, and Photoman's request seemed a good enough cue to get the thing finished if poss. Well, I think I finally wrapped it up, so perhaps you could have a look and see what you think. I daresay there are blunders, as I have not yet tested it to destruction, but perhaps you might care to join me in the cockpit !! Do please let me know if it's any good or not. Don't spare my feelings, as it is important to get this stuff right for the benefit of

The time to have done this was before you filed a claim. I may be wrong, but I would think the only way you could do this now is to withdraw both claims (losing both court fees) and refiling a single claim. Not really a good idea.

Didn't think I'd have to at the time:oops:

OK OK if the banks can make a mistake by misplacing my file, then try as i may to be correct some of the time, i do fail:o but will hold my and's up and say slap my wrist's:p

Hi Anney, Your claim is against Abbey is'nt it? I would think this new strategy will be especially useful against them. You should get an N150. Are you going to try to get allocated to the small claims track? If so, I would suggest attaching the draft order (BF's post #2) to the AQ, and state in the 'proposed directions' section - "please see the attached draft order for directions". For 'other information', use a seperate sheet and put; Attach it to the AQ followed by the draft order. Then in the actual 'section G' box of the AQ, write this; Thats what I'd do if it were me anyway.

Welcome and Good Luck. Just don't be afraid to ask if there is anything you are unsure of or need to know. Have a good read around the site so you know what you are doing before you claim. ---------------------------------------------------------------------- If this post helped you then please tell me by clicking on the scales at the bottom left of this post and add to my reputation

You need to write back to them saying that you will accept this as part payment only and that you will persue Barclaycard through the courts for the balance plus all interest unlawfully levied on these unlawful charges. Go girl!

Claire, If you would like to know exactly what they are willing to offer then ring Mr Steve Lough on 0191 2357810 Or you can Fax 0191 2357813 If this is helpful please click on scales. And thanks again for your congrats Good Luck Mikey

Hi Bloc, From reading through your thread it seems that you sent a letter saying the account was in dispute before you had actually taken any steps to dispute it. You have now sent off the SAR and have now started the ball rolling on the dispute. Send this letter to Mercers:

The moderators of the site have compiled all of your posts into one thread. This way it easier to track what is going on and then we see your previous. I notice that I replied a post of yours when you asked if you should add £30 to your schedule of charges because you went 30p overdrawn, had all of your posts been in one place I would've know that you were way past that stage. I have now noticed you are also way past the exchanging of the AQ stage so my previous comment doesn't apply either. As the other guys have said, stick to this thread when updating us of your journey

What would you like the title to be?

Hi Jason, DON'T be surprised to hear absolutely NOTHING from the bank. Start to calculate your charges plus 8% interest, and then you are prep'd to file your MCOL (money claim on line) its dead easy to do, you will have to pay a fee, this you add to your total claim. Then your in with the rest of a lot of us in here !! Good luck !! Steve

No, not necessarily. You need to give them written notice that your a/c is in dispute: ACCOUNT NUMBER: XXXXXXX Dear Sirs Re: Account in dispute I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account. I note from your latest correspondence that you are proposing to issue me with a Default Notice on this account - I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved. If you do not stop this default action and proceed by making any adverse co

Well hello to the Consumer Action Group im a new member and thought i would introduce myself. thought id sign up as i returned from holiday, to find myself with inflated bank charges levied against me. so hopefully i can find some useful info on here, and of course to keep you all posted on my progress (if any). keep doing the good work.... hopefully il be able to view the threads (currently locked) sooner rather than later! peace

Hi All, Just like to say how sick we are of all the expensive bank charges that we recieve on a monthly basis. I have been made aware that the FSA advise that companies should not charge more that £12 for any type of charges. If this is so then why do we pay £30 a month for going over drawn. Does anyone else get charged this much???? cheers Dick and Dell

Hi, Yeah I am super sick of being ripped off by my bank. Everytime I go over my overdraft I pay £25 each time, some months I pay £100 in charges. I reckon I have paid at least a couple of thousand in the last few years....I'm new to this site, can somepoint me in the right direction? Many thanks Jay

Just like to say hello. Getting sick of bank charges so am now going to fight back, hopfully with the help of you good people.