2 cca DEFAULTS? About ready for this letter then : I refer to my letters dated XXXXXXXX which was delivered via recorded delivery to your offices on XXXXXXXX, and my follow up letter dated XXXXXXXX. In my letter xxxxxxI made a formal request for a copy of the signed, executed credit agreement for the above numbered XXXXXXXX account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement. The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter i

I refer to my letters dated XXXXXXXX which was delivered via recorded delivery to your offices on XXXXXXXX, and my follow up letter dated XXXXXXXX. In my letter xxxxxxI made a formal request for a copy of the signed, executed credit agreement for the above numbered XXXXXXXX account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement. The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied

Firstly, the spreadsheet I used was mindzai's which you can find by looking at his profile page - there should be a link to the spreadsheet there. Over the years, when I received my statements, along with it came an extra page outlining my monthly charge for the previous month. This was made up of my arranged charge(s) - in my case Royalties (I know, I'm foolish...). On top of this however, there would generally be other charges. If I had had a bad month and gone overdrawn, there would be an arrangement fee added to this charge of £28 (or sometimes more). It would then tell me that the sum would be debited from my bank on a certain date

GETTING MCOL RIGHT If you have a choice, it is always preferable to file using N1 at your local court. The two main disadvantages with MCOL are that your Particulars of Claim are limited to just 1080 characters with a maximum of 24 lines and you cannot attach the schedule of charges to your claim. Both these drawbacks can create problems later on. The banks use these limitations of MCOL to assert, with some justification, that the claim has not been fully particularised. Therefore I would strongly advise you to file at your local court. It will be transferred here eventually anyway. OFT TEST CASE: Following the announc

I have posted a letter to HSBC Direct and received a reply 09/03/07 saying they will forward statements by courier, how long should I wait and should I count the 40 days from the date of their letter to me? What do I wait for now if they are delivering by courier I will need to be in?

Strictly speaking you should claim for them all in one go. The court has the power to combine separate claims if it wishes. The £5000 ceiling for small claims is flexible and you can argue on your allocation questionnaire that the case should be allocated to the small claims track (help is available if it comes to that). Alternatively if allocated to the multi-track there is technically a risk of higher costs if you lose but (and it's a very big but) the disclosure rules that apply to bigger cases would force Abbey to reveal their exact costs, which they won't want to do so they are very likely to settle at an early date. Ulti

thanks curlyben & diskmandave. i haven't even begun questioning interest charges as i'd rather keep that in reserve if i do end up paying the debt off. in general i feel that this forum has the awesome ability to empower the masses but for newbies, the info is just too overwhelming. May i suggest to the moderator that hardcore posters gain reputation points and then people can post bids on what advice they seek. This fee will be nominal but it will mean that the right people give the right advice. I for one would quite happily pay £20 to this forum rather than giving it to DCA's in the hope that their ongoing advice could help

Go Girl.. go get em x

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/74382-sign-petition.html

Hello Vetinari, Welcome to CAG!!!! What programe were we on tonight? Have a good nose around. Are you going to be claiming against any banks? If so Which ones? Remember before you start any claims, read the FAQ's, read the step by step guide, basically read everything , digest it all, know what you are doing then go for the attack!!! Once you are ready, start threads in the appropriate forums. That way we can follow your progress, answer any questions you have and cheer with you when you get your money back! If you need help and fast there is a live chat section, usually has some helpfull people lurking there!

Yes thats correct a case thats already had a ruling on a point of law will carry alot of weight next time around, unless of course the defence has a better case that shows the contrary. The law is often very contradictory in nature and case law research takes quite alot of time, but is worth it in the long run, especially if it wins you the case. Beaman v Arts is a case i looked into a while ago in pursute of bank charge claims. Google it and have a read up, you may be surprised ! Best of luck

Hi Doo, Have a look at this website:- Revenue Collection Services - Home Yvette

Dear Mrs Littlewoods, Thankyou for your letter dated xx/xx/xx the contents of which I note. However this does not fulfill your obligations under the CCA 1974, details of which I requested xx/xx/xx. The alledged debt is at present unenforceable, until you satisfy my request. To this end I would like you to note that I will not enter into any further communications with your company on this matter, unless and until my request is actioned. For ease of reference please find enclosed copy of aforementioned letter Love Kenny

Hiya paddywackbrandon, Here is the link to the b/card site. If you start reading a few threads there you will get a lot of answers. http://www.consumeractiongroup.co.uk/forum/barclaycard/ And all your questions can get answered there. Please read the f&qs. There are invaluable. http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ Also the step by step is good to book mark. http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html If you need more help, just ask on the forum, there are plentu of people willing to help you.

CONGRATULATIONS, MATE !!!

no, well having said that the 1st sheet i used was one of the ones by vamps, it included a section to input interest debited from your account along with the acc balance and then it worked out a proportion of the interest due to the charges. It also had a section to caclcualte the 8% too. Its worth pointing out that the spreadsheets make assumptions about how the interets is applied to your account and is quite simple i believe hence there is no need to enter the banks interest rate to work out how much of the interest you have paid . The section that relates to the 8% is purely there to calculate how much interest to charge th

There are a number of spreadsheets out there to calculate the interest rate, truly compounded or otherwise. Vamps or Mindzai's. However you do need to understand what you are doing and why, because that is what you will need to explain to the judge if it comes to that, or at least detail your methods in a Court bundle. If we are talking "true" compounded contractual interest, you would need to apply the exact same method of calculation as the bank have done. However if you accept that you are charging interest for the unlawful removal of your money and your loss of use of it, then you can apply a reasonable rate of interest, it

Just read about your win. I am SOOOOO Happy for you. Stalwarts of this website and forum, such as yourself, deserve every win. Enjoy. If you're going to be anything like I was we'll see you sober in a few days!!!! Who's next eh? Not me please! A D

Not sure what the rate is, maybe look on their website. It will probably be quite high though (around 20%). As for working out the interest, yes, for each charge enter the date, the amount and the current date. It then gives you the interest for that charge. You then add them all up Its a bit laborious but it works out to be a very good hourly rate of pay.

1) i would be dubious of including anything including my signature. 2) if they do not know who you are why are they chasing you, LOL. i can appreciate they may be keen on the whole DPA issue but my argument would be that they shouldn't contact you to chase the debt if they are unsure of who you are!

here u go sand and cider http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html claire

Good idea...I imagine that your reasoning is that not everyone has MS Office. If people are prepared to wait for a week or so I can convert the bundle to Open Office (as I used to do with the spreadsheets) and people can then download OOo for free. The extra bonus here is that everything can also be saved as PDF, for viewing in a browser, for smaller file size and also for easier printing...

CONGRATULATIONS ! ___________________________________ You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability. If I have been helpful click the scales SAR sent 18/12/06 Statements received 02/02/07 Preliminary Request sent 05/02/07 Standard ‘No’ letter received 15/02/07 LBA sent 16.02.07 NO RESPONSE Court Claim sent off 05/03/07 Claim issued 14/03/07

Hi Ainsworth. Spend a few days reading the FAQs and step by step guide in the library section. Provided you follow, faithfully, the well-tried and tested route that we suggest, then you will be successful. Good luck. Regards, Rooster.

thanks for your pm I think I'm about a month ahead of you as I'm about to file with the court on monday. This site has been really helpful. You do need to read up the 'frequently asked questions' though to familiarise yourself with the procedure. You will be more confident with each stage then as it comes up. Also just by reading as many threads as possible (especially the HSBC ones) you will find out lots of information & some of your answers can be found here. I have spent many hours in the evenings over the last 2 months just reading & reading. Hopefully it will be worth it as I get closer to getting my money back.

Groovycaz Here you go. http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/74459-groovycaz-bos-business-banking.html Viewers here, maybe pay her a lttle visit ?? regards Photoman

Hi Noddy -- a good friend of mine has an old business debt with Nat West. I think the account was closed probably 1996. Not sure if he can get anything back as he (or rather me on his behalf) hasn't made a start yet!!!! How old is your debt?? Will watch your thread with interest. The very best of luck.

hi jamesiebabie welcome to this forum, well done for taking the first steps to getting whats rightfully yours, so you say you have sent off 2nd letter, so you sent the SAR with £10 and recieved your statements, worked out your charges, then sent the prelim letter along with the spreadsheet. did you send it recorded so you can check when and who took delivery of your letter on the royal mail site. when they have taken delivery of your letter you give them 14 days. after that has passed you send the next letter LBA (see templates) and give them a further 14 days. then make your claim if you have had nothing!! keep us posted on how you get

Further to this, see PD 26 2.2(3)(d)PRACTICE DIRECTION – CASE MANAGEMENT – PRELIMINARY STAGE: ALLOCATION AND RE-ALLOCATION - This Practice Direction supplements CPR Part 26 If your mate is going to write to the court as suggested above, quote that in the letter too.

As soon as you have the money file, I had to wait about a week til we got paid to file. Keep going it's worth it in the end

360 day year and 12 "rests" per year

There are no differences in the course of action you should take regards these accounts. They probably just think that people with Business accounts are more scared of retaliatory action from Banks, as they rely on the Banks goodwill/overdrafts more than consumers, and so just let their actions fizzle out. If they do take any actions by the way, there are plenty of links on site to templates to advise you of your rights, and kick them back into order. Regards yourself....They have had fair warning. Just file your court claims.......and see if they continue to ignore you then !!! Only difference really is with some of the particu

If you have already filed at court then the only way you can add charges is to fill in the N244 form, which costs you £35 and is not recoverable, and it will dely your claim for weeks.

well done for winning the last... how did you recieve it same as others, in your account? did you have to go to court? so its easy then?!! see your going for nationwide again!!! i am now taking nationwide for 2nd time (husbands) and barclays for son in law(barclays returned SAR cheque and are sending them complimentary) good luck for your 2nd round - enjoy spending!! how do you add the history at bottom of your post like a signature??

obviously, they don't charge you £78.50 to take money from a cash machine (though I'm sure they would if they could). I think it's something like £1.50 per time or summat like that....

In the top posts in RBS forums is a Contact List, there are a number of RBS addresses to pick from there.

So..........................................dont leave us in suspense whats th letter say then lol ? Johnny

Yay! I agree with the "LOL", but, why shouldn't we all (essentially) congratulate each other? 3 months ago I would have hidden in my bedroom if a DCA called demanding this, that and anything else.....! But now we can take them on, on their terms and come out ahead! And it seems that we're winning!!! So yeah we all congratulate each other! Isn't this how this site works...???! I've clicked everyones scales in this thread! Regards, Dave.

I cant wait to find out your result. I'm so excited for you. Im sure after all the tv shows and articles regarding these bank charges, Natwest will pay up.

14 years for what you say at most is £3k seems like a long time unless you're only making token payments! To start with I think the best plan of action would be to send the DCA the CCA letter (link below), and ask for a full statement of account as to all monies paid by you, opening balance of debt to them, and amount now outstanding. The CCA request is a legal request for a copy of the original credit agreement and they have a set period of time in which to supply it, and they cannot enforce a debt in court without it. http://www.consumeractiongroup.co.uk/forum/post-162367.html Adapt this letter to suit your needs and get it o

Best of luck Fendy!

Way to go Fendy!!!! I feel like cheering just reading your last post! Good luck mate and stick it to 'em!!!

lol sorry but 4 weeks ago i had no confidence in these issues, and now i am armed with knowledge thanks to everyone on here *stands up and applaudes to each and every one of you* and now i feel i can fight these people and win!

If they offer your charges in full prior to you filing, you should accept. To go ahead with a court claim for interest, which as you now know, you are not entitled to before filing a claim would be foolhardy.

hello anglian.. and when in this lifetime has colinboy scheduled to look into your issue.. toinks.. anyway.. fight on! and welcome to the forum... like they all said. arm yourself with the ways and tactics offered from this site and you'll never go wrong, plus.. there are loads pf very helpful people around.. fun messages too sometimes.. teehee.. well, sit back and relax i think is the best advice.. it could be a long wait or a short sweet one.. goodluck!

Would this help? It has the relevant acts, sections thereof and the appropriate bits of NatWest terms and conditions. PARTICULARS OF CLAIM 1. The Claimant has an account, number xxxxxxx, sort code 54-41-19, ("the Account") with the Defendant which was opened on or around DATE. 2. During the period in which the Account has been operating the Defendant has automatically debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accorda

Hiya, Consumer Credit Act 1974 states that they have to send you a default notice prior to taking action I quote from the OFT (in an email sent to me on just this subject): You furthermore state that you believe the comments made by EGG that they do not have a signed copy of the default notice as this is done electronically in response to your request is incorrect and unlawful. Under section 87(1) of the Act a default notice must be sent to the debtor or hirer before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement to: - terminate the agreements, or - dema

I sent mine to Electra House, Farnsby Street, Swindon, SN2 1SR Good luck

oh dear i think i have messed up!!!! when i sent letter requesting payment back i sent lba by mistake according to that letter i sent i told them that i would be taking further action and would begin a claim against them!! i think i have jumped the gun, they sent a letter today which said they thought the charges were fair and if i wasnt happy i could get in contact with financial ombudsman blah deblah.... what do i do now can anyone help?????????:o

Date Account Number/Reference: Dear Sir/Madam, After recently obtaining a copy of my credit file from Expedia, Experian & CallCredit [Delete as appropriate], I am concerned to note that your company has placed a "Default" notice against an account I held with you. Further to this, I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 197