MOD NOTE: Please be aware that the templates shown in this thread may not have been created, or legally checked, by CAG. This thread is purely a discussion and critique of letters posted on the forum, or found elsewhere on the internet. Members are advised to seek legal advice before using any of these resources. Thanks Guys Z. All I have been threatening to do this since it occurs to me that we get the same requests time and time again. Please understand this: CCA and all subsequent regs and TSO guidelines are highly complex and the information you are presented with is not definitive but the contributors best vie

Look round the forums, because that's what they are they for. If you get stuck, then ask for help. That's what this site is for helping each other. But get on your mouse & keyboard and do a little for yourself. Failing that. Employ a solicitor. £175+ PH. Does that answer your question!

Yup; their time's not up until after this weekend! They're still acting like b*****ds, though! D.

The OFT report primarily focused on credit cards, although they did state in it that the principles of the findings would apply to all default fee's. The specific current account report is due out this year, although don't expect anything spectacular! I'd also disagree with the comment that the OFT can only make suggestions. They are a public regulatory body, they have powers of enforcement if they choose to implement them. The £12 was a maximum threshold that they set above which they would have taken action, had the CC providers not reduced them subsequent to the report. In fact, the OFT are the one's who have the power and resour

Am I allowed to ask here if its possible to accept the £1900 goodwill gesture I have been offered and advise them that I will be sueing for the additional £750 thru the small claims court in Scotland?

They should not ignore the letter, wait for the 40 days from 28 February to expire and if they do not respond by then, then post up here again and further advice will ensue.

Sorry, not really thought this one all the way through, but my thinking on SOLA was along the lines that if the charges are deliberately concealed (and obviously they are if crossed out) then the 6 yrs no longer apply. Whether the fact that they are concealed on less than 6 yrs could be used as an argument to go on the attack for charges older than 6 yrs, I'm not sure... But why not? Concealment is concealment... Just threw that idea in the pot, feel free to tear to shreds and demolish if it doesn't stand up... That's how we'll defeat them in the end, by working out the best ways to go after them.

You need to get in touch with 'marcopolo' who went to the Mercantile Court against Citi. He will have alot of helpful advice on what, and what not to do. Again, Citi's figure of £12.88 is there main weakness - on each and every occasion it has been orderred so far Citi have defaulted on the background figures to support their calculation. In the event they were to provide them which is unlikely I can point you in the direction of a good forensic accountant.

16th Jul 1998! plus subsequent amendments. P

Personally I would involve both, Make the Police your priority though

Jane, No need to mention anything at AQ stage. The AQ simply allocates a "track" through the court (small claims in your case). Have you seen the new strategy for AQ? That is well worth a look if you haven't filed your AQ yet. The new strategy seems to working with some success against all of the banks and can be found here: http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires.html You should have already made mention to claiming CI at N1 stage and will have to argue that at a later date. As regards the charges outside the 6 year period, don't worry too much about that for the time being, Abbey

Right, I've just had a nice little chat with the Official Receivers Office regarding some of the points I raised earlier. Sole Traders and Self Employed who have been bankrupt: If you claim for bank charges and are repaid, ALL the monies have to go into the pot to pay off creditors. Sole Traders and Self employed who have closed the business but without creditors : You can claim it back for yourself. Limited Companies which have gone into Liquidation without personal guarantees to the bank: All charges claimed should be paid back to the liquidator/ official receiver as they were derived from a time when the business was trading

Taxi drivers can be refused a licence if they have a criminal record, which of course means he'll be out of a job. I think you've made a reasonable effort to contact the taxi firm, to no avail. The driver is being aggressive and unco-operative, now it's time to go to the police and report the theft. When you have the driver's number, call the council and report the incident to them. If he has a history of this sort of behaviour then they need to know he's still doing it.

You claim every single penny of every single charge. £12 is no more the real cost than £25 was. Claim them all back. It is a myth that £12 is acceptable. A finding of penalty makes any contractual claim unenforceable in its entirety, therefore you should claim all the charges and then MBNA would only be able to counterclaim for their actual costs and would have to plead and prove each cost for each individual charge. Continue with your claim, you will receive 100% of it back.

Welcome to mbna forum, Claim back all the charges including £12. Good luck madhouse5:)

You are. Self employed or not the cab company is still liable for the conduct of their driver. As has already been suggested contact the police

Hi & Welcome! I used: Customer Care Lloyds TSB 125 Colmore Row Birmingham B3 3SF Good luck, let us know how you get on. Barty:) http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html I WON!!!! :D If I have helped, please click my scales:)

My post is in response to the op's original request for advice as to what is a NOTICE TO A REGISTERED PROPRIETER OF AN APPLICATION TO ENTER AN AGREED NOTICE & how to deal with it. I have also posted my answer in the general knowledge forum so that home owning members will become aware of this new tactic by the debt collectors & how to fight back

As above time to claim the charges. Start a new thread in the MBNA section (its a subby of other instituitions) Many people claiming against MBNA there and alot of help. If Bryan Carter have added costs you'll get these back to as you have no contract with these people so they have no right to apply anything to your account. As for the £12 thing thats what the OFT did recommend more as a temporary fix but as everyone is aware this is still profiteering.

MBNA/Bryan Carter What a ghastly combination. You should SAR MBNA for all charges ever applied to the account and reclaim them. If you opened the account long enough ago you may be lucky with the CCA.

Yes you should generally always set up a parachute account especailly when claiming for a 2nd time. You should go to the next stage and send your LBA.

Have a read of this thread to look at an ongoing discussion that you might find helpful.

I would also ask the cab company for his licence plate number and report this incident to your local council who are responsible for issuing all hackney cab licences and let the driver know that you have his number and this is what you are going to do. Also, fair enought to deduct cab fare as your son was trying to pay anyway but I would not deduct wear and tear on a one month old jacket!

Sorry to hear of your situation, we're all here to help! Use letter N from the templates library in the stickies above. Ensure you include the phrase I do not acknowledge any debt. Enclose a payment of £1 (cheque or Postal order), I always add the paragraph: "Please find enclosed a cheque number xxxxxx for £1 in payment of the statutory fee; under no circumstances should this be put towards any alleged debt, if you are unable to supply the document requested then you should return this fee" Send it Recorded (costs a quid) then sit back and wait. They've got 12 working days from receipt to reply, don't forget to take Easter int

The Judge at MCOL is issuing this order with cases now, this is to speed the claim up. Please be aware that the court where your claim is transfered to my ask you to complete the AQ.

Photoman I have to take issue with you on a couple of points PM if you or anyone else has the evidence which points to this being the fact i.e. that the whole claim would be struck out on the basis that one element was flawed, then can you present it. This argument i.e. that claims would be struck out in their entirety, has also been presented on threads re CI and as far as I can tell there is no basis for it. As we know the Judges are all powerful in their own court, well at least until someone appeals a decision, and they could, should they so choose, strike a whole claim out on a whim. This IMHO is unlik

Hi Slooth - by all means feel free to use my quote, either edited or not. Thats what we're all here for - to help each other!

WHAT IS A CHARGING ORDER? If a creditor has a county court judgment against you ordering you to repay a debt, they may be able to apply to the court for a charging order to enforce the judgment if you do not pay. A charging order gives the creditor security for the debt; in other words, the debt would become 'secured' like a mortgage on your house, or land. There must be a hearing in the county court before a charging order can be made and there are several arguments you can use to try to stop an order being made. This fact sheet explains the court procedure in the county court and what you can do. Some creditors can apply for a ch

We are now recommending that Scottish claims over £750 are put through the FOS, as the Scottish courts have put the block on some second and subsequent claims on the same account where the claims have been split to keep in the small claims. You should be OK with the FOS but due to high numbers of claims, it may take a little time. Good luck. Regards, Rooster.

Crossed posts with you there priority ! Looks like we are singing from the same hymn sheet though ! Hope xx

Are you being threatened with this ?

The calm approach is ALWAYS the way to go.

Ideally you would have posted them to London, but no worries I sent my request to my own branch, they will just forward it to head office, prob take a couple days longer thats all.

Hi JackGlass You need to use the N1 form, I recommend the hard copy version over MCOL. A guide to filling in the form can be found here POC N1 Hard Copy Version and the actual form here N1 form in pdf formate with form filling. Remember you can now claim 8 % interest so you will need to complete the simple spreadsheet here Spreadsheets. This should add a fair few pounds onto your claim. As you are unemployed you may be exempt from paying court fees (which is £80 for claims under £1000). A guide to exemptions is here Court Fees Exemptions. You will need to fill in a ex160 form here Court Fees Remission Form EX160 and a guide to completing it

What may happen is the charges will be off set against the out standing balances, but it's still a bonus. This will at least make the overall amount more bearable.

There are probably other reasons, but these are three conclusions I can come to. Firstly, the crazy amount of applications they are having to run through at the moment. As this process gathers wind and more exposure, the amount of claims that the banks are having to deal with are rapidly increasing and as a result their resources are being fully stretched. Secondly, there is a fair amount of assessment going on - which are worth contesting, which aren't. I would say the ones that are going to cost the banks the most are going to take longer and also the ones that are best written will be dealt with sooner - a water tight prelim wi

I would go in to the branch and see them. I don't know if you watched the "Whistleblowers" program on BBC1 last night, but this sort of thing was happening at Barclays bank, the staff were on commision for all the "upgraded" accounts they could sign their customers up for. One man complained that he hadn't signed up for it, and they refunded him all the monthly fees. Hope you get something sorted, it is not right at all. Barty:)

Hi kat you could pop it into local branch but they will forward it to head office anyway and that will take longer, post to head office by recorded delivery, gives them no excuses. http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31052-contact-details-banks.html

How long should it take to sort out the loan? If you're only talking about a few days then you might as well wait. Having said that I don't know how 'joined up' the bank's different departments are so there might be no issues at all. With regard to the loan termination that's a separate contract from your bank account and unless there's something in the small print tying the two together I can't see how one should affect the other.

if you reclaim the all the charges back, then it becomes £600 (which may also include charges). you cannot be made bankrupt for anything less than £750. Even over this, its highly unlikely a court would order this unless the debt was in 5 figures.

No porbs and thanks for the click Tanz

You know I'm always here to help............especially you.

hi richard, i too am claiming from nationwide, and i sent my lba to electra house, kings park, not to Mr Bacon, it is when you go to court that you will correspond with him. hope this helps, best of luck. x

Haven't you got a thread in your banks forum that you could ask all this on Claire? If not it'd be a good idea to start one.

Hi Marcia what you need to do is work out what needs to be done. Start by spending some time reading thru the self help material starting with the FAQs link in my sig. Then when you are sure you know whats what start your own thread in this forum and inform us of your progress. You only claim 8% when you file a claim at court but you will know all this after reading the FAQs etc.. Good luck

Hi Hollydoll If you are offered something then you should accept it as partial payment,and that you would pursue them for the rest.There is a Template letter for the reply here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html Uk..

Is the interest figure overdraft interest caused by the penalty fees or s69 8% interest. If the latter this is not claimed until you file at moneyclaim

Fantastic. Many thanks. Scales clicked!!!! Pete

I can't see what confusion there is at all?? That related to the scoring process that they run automatically on their sites and was in relation to my own file - I also had an issue with Orange Telecoms with my data card account. Equifax wouldn't take it into a courtroom but still refused to acknowledge that S12(1) could apply to them. Their insistence was that they did not auto-process data. Equifax and Experian are two different organisations, and they also hold different sets of data - not all lenders/suppliers subscribe to all three CRAs and they all use their own storage rules. e.g. CallCredit stores monthly markers for 60 months,

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