Hello, I would send the CCA request then after 12 working days you can oficially stop paying them, till then pay your normal payment. If they come back to you with the agreements then send in your incomings and outgoings sheet.

Hi Paul, the first thing I would do is CCA them, they have 12 days to comply (+2 for postal delivery). You may find that they dont have any agreements for either account, they will probably have to request these from Egg. Also I would S.A.R. Egg to find out just how much of the debt is made up of charges, you can then legally claim them back which in turn would reduce the debt you actually owe. Hope this helps.

I think I have won but may need some advice! In 2002 I took a loan out which replaced a smaller loan, I was told the PPI would ensure that the application was accepted, so that was put on. In 2003 I felt that the payments were too much so I rang Lloyds to ask if I could cancel the PPI, they said no. So what they did was sell me another loan again with PPI to cancel the 2002 loan and took it over 7 years instead of 5 to reduce the payments. After lots of reading and information gathering I discovered what they should have done was offer me a new loan but without the PPI, this was never mentioned. I wrote and complained to Lloyds, I told

this is VERY important to people claiming in NI against CITI 1.elements of the NI judiciary have got it into their heads that £12 is fair and "recommended by the OFT ".This seems to be blithely accepted as gospel,despite the OFT report stating otherwise 2.Citi DO NOT have to give you prior notice of evidence they shall be depending upon in court 3.A judge is FULLY ENTITLED to accept "secret evidence" given in the form of undisclosed documents,and to accept the validity thereof without any further investigation. 3.Points of law appealed using the Human Rights Legislation and Statute regarding overriding objective do not amo

lol at the scales

Here Here! That's how i'ld do it to. http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html#post162367 Don't forget to send by Recorded Delivery. Good luck, Dave.

Hi and welcome to the site, You've definately taken the first step into claiming back what's rightfully yours. Spend time reading the FAQ's and the Step by Step guide as this will stop you making mistakes along the way. Use the letters and spreadsheets in the Templates Library as these have all been tried and tested in successful claims. Read as many threads as you can especially ones that relate to your bank. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere. Don't be afraid to ask any questions, no matter how stupid they may seem, but please remember that any ad

Hi I wouldn't bother sending it again, sometimes they don't reply, as long as you have proof that you have sent it. Overdraft Excess fees are claimable. Good luck, let us know how you get on. Barty:)

I know I'm probably going to get in some flak from some people, but my opinion, for what it's worth, is this: You do owe the balance. CCA or no CCA, you still got goods from LW and IMO, that means that regardless of their failure to supply the agreement, you still have a debt. Yes, failure to provide the credit agreement is a valid defence in itself, but in the end, it's about doing the right thing, not about debt-dodging. Also, if your default doesn't consist solely of penalties, I would think you have no chance in hell to get it removed. There is no way that a judge will agree to a removal when you still have amounts outsta

You are correct in thinking you do not have to respond to their request for further information, send the letter as outlined in this thread. http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html#post279931

Hi Sarah the print can be small but you can read without any form of Machine intervention it is only manual that will be required HaHa

Just subscribing.... I have just been told something similar by A & L. I had paid their in-house DCA a reduced monthly payment for 4 years. Just before Xmas, they informed me that they were going for a property charge. I sent a CCA to the in-house DCA and SAR to A & L. I then sent a CCA to A & L plc because the original creditor was A & L Personal Finance, but it was A & L plc who were threatening court action. To cut a very long story short, everyone defaulted on the CCA, so I will now pay them nothing !! They have just informed me that they do not retain this doc. for more than 6 years. Moral of the story

Hi Looks like a standard reply to me, I wouldn't even bother phoning them, just start your Court claim. Good luck with this claim:) Barty:)

Excellent!! Please complete the bank survey……….and maybe a donation. See here for advice after settlement: http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html Congratulations. Enjoy the dosh!!!

Bankl a/c and credit card claims should be separate

Hi,Mistie. Some wise words from bitingback, proceed the claim as a small claim the court will decide if they want to change it, this though rarely happens, if at all. Keep to the guidelines in the templates library following the timescale and keeping two copies of each letter one for you and another if you need to do a court bundle. useful links; FAQ's http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ Templates library. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/ Abbey successes, read some for inspiration. http://www.consumeractiongroup.co.uk/forum/abbey-cahoot-successes/

And as to what you can do about it: You can send them a Subject Access Request under the Data Protection Act (£10 cheque/PO fee required, you'll need to modify the template to your circumstances as this one is designed for banks), which will entitle you to every single piece of information they have on you and relating to your account; this includes a breakdown of how they have arrived at their various figures. Send Special Delivery. They have 40 days from receipt to comply. Alternatively, if MH say they own the debt, send them a CCA request (£1 cheque/PO fee required). They must be able to produce a properly executed agreement to enfor

In any further correspondence on this - including your non compliance letter, ensure you remind them how long they have taken. Ie, it is now 48 days since I requested this info. The info is now 8 days overdue. And so on. Think it helps to remind them you are aware of their responsibilities.

I wold send them the non-compliance letter and if they don't respond, which i doubt they will i would file at court. I think the issue is that your letter, although not what i would have used does provide sufficient information for them to understand what it is about and that they have an obligation to comply with it. They have admitted it was a subject access request by virtue of their response. i cannot see how the differences between your letter and the site SAR have any impact bearing in mind the circumstances. its down to you of course but thats how i see it. If you want to see what i did with the Co-op when i t

Hi Phil, Quick answer I'm afraid, the interest you can claim at prelim stage is only that interest which was caused by the charges they levied against your account. The maths involved in working out the interest can be a bit of a headache and many don't bother especially on a the first claim. You could have a look at the advanced spreadsheets in the library however. The 8% interest refers to the section 69 interest which can be claimed once you file a court claim. Regards BB Any advice offered is my own opinion and if in doubt I would always recommend getting a second opinion. If you find it useful or hel

Hi wallop, Welcome to the forum. I hope this helps, I set another account up at another bank when i started my claim against the Halifax. http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/58685-do-you-need-parachute.html If you are with lloydsTSB. Then I would go along to the Halifax as they are offering £100 if you switch to them. But I have been on here a long time and no OD are withdrawn on a first claim. Please read the FAQ's http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ Also use the template letters here; http://www.consumeractiongroup.co.uk/forum/bank-templates-library/ Start a

I don't think so. Dear Moorcroft As in your previous correspondence, you have stated that due to the age of the account, there is no agreement. I would refer you to section 78 of The Consumer Credit Act 1974. 78 Duty to give information to debtor under running-account credit agreement (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement sig

You can fax SCM on 01273 745356 and save yourself some postage skb post edited , potentially libelous

When you fill out your spread sheet. You just put charges as notified. Haliprats dont detail them, so you dont heve to. Make you go over the statements at least twice as many can get missed first time round. Nice amount to get back...

Hi and welcome to the site, You've definately taken the first step into claiming back what's rightfully yours. Spend time reading the FAQ's and the Step by Step guide as this will stop you making mistakes along the way. Use the letters and spreadsheets in the Templates Library as these have all been tried and tested in successful claims. Read as many threads as you can especially ones that relate to your bank. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere. Don't be afraid to ask any questions, no matter how stupid they may seem, but please remember that any ad

On the statements Halifax normally put them all as Charges as Notified. They are normally all lumped under this. Good news is you can claim them all back.

hi pawnbroker, Welcome to the forum, Please start by reading the faq's; http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ Then if you start a thread in your banks forum and read the successes in there too. http://www.consumeractiongroup.co.uk/forum/abbey-cahoot-successes/ New thread here; http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=6 Please use the template letters here and follow the time schedual; http://www.consumeractiongroup.co.uk/forum/bank-templates-library/ If you need any instant answers please visit live chat, Best wishes, happyolddog. If my

T4FF Iam not sure about that, the OP asked for a complete list of charges paid over 6 years and for two accounts. Mind you i suppose that if there were only charges on the account in quesiton for a period of 8 months then that would be comlpaince in respect of that account. i presumed that since the OP highlighted the fact that the bank had only sent 8 months worth of info that they believe there to be more than that. re what the bank thought or not, as far as i can ascertain the bank have 40 days to comply with the SAR in total. The act doesnt say even where identity is at issue, that they have 40days plus anyhting.

Hey Hedgey, nobody could be worse with money than me. Im proper bad. Or was should I say. Ive cleaned my act up immensely since my bad times 3-4 years ago. But regardless, it still remains they took advantage of you at a time when you needed help, not charges piling on. Thats what they do. The did it to me when I got made redundant, and was hugely mammoth like pregant at the time. They dont know the meaning of the word MERCY or HELP. Plain kindness to other human beings costs nothing, but for being treat totally sh*ttily by the Natwest you even have to pay. I have a good feeling on this one. Make sure you send your letters to Mr. Stuart Higle

Ahh hold on perhaps its worth clarifying something here, you don't need 'statements' per se, you need evidence to prove the charges were imposed. So if the bank have sent you printouts then these are fine, if you have statements either because you have kept them or they have been sent to you thats fine too or a mix of the lot. So to confirm its evidence that charges were levied thats required, not necessarily statements. Hopefully i haven't confused people too much. Re being requested during disclosure. Disclosure is about providing the other side with a list of documents you have and may have had which both support your

Hi yorkshire, read in here. http://www.consumeractiongroup.co.uk/forum/guidance-notes/ prepare a court bundle. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html Good luck, Happyolddog. If this helps please tip the scales left.

I'm beginning to feel a bit of deja vu here Seahorse, there were two quite innocent characters who came to this forum having a read around and getting a feel for what was going on, never touched or contemplated anything like we have going on here on this thread and others relating to our 'Ken-friends' - who were they? - tbern and Debt Mountain - and you seem to be enjoying what we are all enjoying - the challenge and proving that we can take them on. Cabot are just the sort of company with all the shenanigans they used to get up to who are plumb right for pulling apart and they have got one hell of a group of people on here doing just that...

Hi Adrian, That is a good amount of money! and the likelyhood is that you'll need to take it further with Barclays at your local court (although of course they won't appear -certainly haven't so far) so you get to claim the interest back too! Keep going and my advice would be to keep track of everything, if you do good filing of all your documents now, it'll be easier for when you come to do your court bundle later on. I have recently won £3400 back from Barclays and felt quite apprehensive too but then quite proud to take the big guys on -and win! Lean on suport from people on the forum. I found it a great help to shou

Hi Barneybear71 Good luck with the Halifax. Stick to your timescales and you WILL get your money back. Have a read of my thread to see how I got on with the Halifax :D Only problem with me now is I've had another two charges and I don't want to risk them closing my account, so don't want to claim again. Halifax don't seem to close accounts after one claim. Best wishes. jaxads xx

Hi Wendy, I was in exactly the same situation you were in and asked the same question several months ago, and I ending up sending an updated LBA with a paragraph stating that I am now claiming contractual interest along with an updated schdule of charges and gave them an additional 2 weeks before filing a claim.

hello and welcome you seem to be very switched on, I have posted the links to start new threads for you. Abbey new thread Halifax new thread

Yes, there is a strong case for claiming back a loan that was taken out to repay borrowing when a fair portion of that borrowing was down to charges. I believe several of the senior members have been working on this area, and also drafting up some spreadsheets to help tackle this. Bill-K posted a rough draft of such a spreadsheet he is working on, so maybe try posting a question on one of the threads he frequents (in the chambers of spreadsheets maybe) Bassically, what you would be reclaiming is the interest you paid on the loan, plus any interest you choose to levy on that claim (ie Statutory or Contractual). What makes this all a lit

I'm afraid i disagree with the advice given already, if you simply add contractual interest without giving the defendant the chance to respond you may come unstuck at the court stage. So although you can change things prior to court without any cost in monetary terms you should give the defendant the opportunity to respond to your changes. If the change to your claim is significant then it may be wise to consider starting again unless you have made provision in your earlier letters for some changes based on some logic. JMHO Glenn

hi B.A.T There is quite a bit of info on this link regarding the info need. http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html?highlight=allocation+questionnaire claire

Its not absolutely essential to give the date the account was opened. you can just say claimant had account No............... and between..............and...................(insert dates of first and last charge).....the dates of which will already be on your spreadsheet or schedue As regards remission in part or whole for fees,if you are going to court in person then take down with you proof of entitlement they will take a copy of that.You can fill in EX160 online and print it off. You will usually get it if you qualify. Or you can pay the fee and claim back later. The Court staff will normally tell you if you are likely to get r

Hi, Pennywise, Just use the tried and tested procedures. It makes no odds if the account is closed or not. You seem to know how much they are due you so start the process. Send your prelim letter, then your LBA then take them all the road. Have a look in the Yorkshire/clydesdale forum. Best wishes with your claim. Regards. Scott.

I might be wrong here but isn't it a criminal offence to impersonate a court official i.e. a baliff,because to my understanding they are the only ones able to writ down what you own... Taken from the OFT Debt collection guidance 2 UNFAIR BUSINESS PRACTICES Communication 2.1 It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner. 2.2 Examples of unfair practices are as follows: a. use of official looking documents intended or likely to mislead debtors as to their status, for example, documents made to resemble court claims. b. leaving out or presenting

Next time he calls dont let him in. He has no legal right to set foot on your property unless you invite him in or he has a court order. IF he wont leave, call the Police reporting someone trying to gain entry to your home. There is a legal ruling on this dating back to the 1950s (someone else will be able to quote it for you) that states the only people that are allowed to knock at your door unannounced are Postmen and poeple lost and looking for directions. Equally remind him that unless he has a court order he cannot legally take anything from your house. Call his / their bluff - Say "Take me to court". A Judge will not is an in

Ok firstly this is a very saddening story and i'm very sorry you're going through this but things get easier from here! Doorstep Collectors have no powers what so ever. You or I could be one if we were that way inclined so do not fear. You do need to get this stopped and it is very easily done. Write to them: Dear Sirs, Due to Harassment I am only willing to communicate with your company in writing. All phone and 'Door Step' Calls must stop immediately. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from

Hi I would send a copy of your Schedule of charges to the Solicitors now. Did you send a copy to MCOL? If not I would do the following: Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to: The Court Manager, Money Claim Online Northampton County Court 21-27 St. Katharine's Street Northampton NN1 2LH Dear Sir/Madam (Your Name) –v- (Bank) Claim No: ******** Date Issued: xx/xx/xx Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% purs

Stick with your timetable and send LBA on schedule as planned. Just my opinion Peter

Standard practice to offer you between 30% - 50% of the full amount. Wait for your statements to arrive, then add the charges up and send a preliminary letter

I really can't think of any reason why not. The principles are exactly the same as if it were against a bank. Yes, go for it.

Right, from the start.... In section G (J if N150) of the AQ, you get the opportunity to add any other information you think may help the judge manage the claim, or make a request for specific orders that you want the judge to consider making. Untill now, we have always requested an order of standard disclosure in this section, as per the AQ guide notes in the templates library. A standard disclosure order, if it were ordered by the judge, would oblige the bank to fully substantiate exactly how its charges are made up and provide costings and documentary evidence, etc. Trouble is, standard disclosure is not routinely avail

For those that have looked at their statements and may be wondering, what can i claim for?, and why are the descriptions confusing?, what about the overdraft interest is that claimable aswell? wonder no more. you can claim for anything which is deemed a penalty charge, which includes: returned direct debits, card mis-use, unpaid standing order, unpaid item, exceeding your overdraft, overdraft interest (see below), total charges (see below) notifed fees Unauthorised overdraft arrangement fees (more will be added as and when confirmation is found) you can not claim for: ATM (cash machine) usage (typica