Hi Glenn, The issue of part payment and consideration has been settled law since 1911, although I may not have fully detailed the position in my earlier post. Previous posters have got themselves a bit bogged down in the "consideration" issue, although the leading case in this area has been mentioned, but not the right element of the decision. To clarify, it is a cardinal rule of contract law that consideration must pass from the promisee - it is not necessary for both parties to provide consideration. The issue of consideration in circumstances of part payment to satisfy a debt always caused difficulties because as has been c

Try here Banking Review Final Report You want chapter 7 The full report and all sections are available i havent read every word, you'll understand why if you look, but this bit caught my eye. HTH Glenn

Hi My case has also been transferred to the mercantile court..my thread is called "Panic", I had lots of response which may help you Liz

The question about manual intervention is put to the bank in order to get them to admit one way or another, whether any manual intervention has in fact taken place. If they confirm that there has been no MI, then they are admitting by implication that all the charges have in fact been computer generated, and that the cost to them will have been approx 50p rather than the 30 pounds they have been charging. This information will support your claim that the charges are disproportionate, and therefore unlawful. But The Woolwich generally respond by saying that this information is not covered by the DPA, and refuse to give a defin

Welcome. Before you start please have a thorough read of the FAQs (there's a Step by Step guide here too). You should print these out to refer to so as to avoid having to ask basic questions later. Then look at other threads in your bank's forum, so as you know what you can expect to happen You need to spend 2 or 3 days gradually getting your head round everything. There's a lot to take in, but it's time well spent and will ensure that you succeed in your claim without problems This is a self-help forum and you must be prepared to put in time and effort. It is your claim, your money and you cannot expect others to

Hi welcome to the site. Indeed many have won and many are claiming. Have a look at the Scottish section in the forums.

Welcome. Before you start please have a thorough read of the FAQs (there’s a Step by Step guide here too). You should print these out to refer to so as to avoid having to ask basic questions later. Then look at other threads in your bank’s forum, so as you know what you can expect to happen You need to spend 2 or 3 days gradually getting your head round everything. There’s a lot to take in, but it’s time well spent and will ensure that you succeed in your claim without problems This is a self-help forum and you must be prepared to put in time and effort. It is your claim, your money and you cannot expect others to

Hello Littletinker I would suggest that you take some more time to carefully read and familarise yourself with the FAQ's located here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ The action you are potentially taking against your bank is a serious matter and should not one to be taken on lightly without a good basic knowledge of the entire process. After reading the FAQ's please post any questions you may have in the appropriate section under your own thread. Good Luck OD

You are (of course!) right. Everyone of us should be writing to the OFT not only with our opinions on the banks penalty regimes but also about the procrastination and abuse of the legal process that the banks are causing. You are also right that they (the OFT) will also not be keen to do anything about it. However, there are how many thousand mebers here? (sorry I should know). And if each and everyone were to write then the weight of numbers would HAVE to produce some reaction. Probably not a case for a standard template letter though, just get your facts right, express your disgust (in a not too colourful manner) and demand action.

I understand that it all seems scary, but really, what is there to be afraid of? the bank will tell you that you are wrong and you will just carry on, and within another six weeks, all your money will come through. We're all here to help you, and if you'er extra unsure, need a morale boost, you can always pm me. We've all been there and the whole experience, whilst almost frightening at first, is a real sense of release. I love it!!!

Hi all, Just realised I hadn't started a thread regarding my claim so here goes. Paid a redemption fee on mortgage of 900. Not a great amount in comparison to other fees - I really feel for the Kensington crowd- but 900 for redeeming - wait for it ... a whole two days early, I thought was taking the bananas! :o We had to redeem early as we were moving and risked the whole transaction if we hung on the extra time. Anyhow, prelim letter sent 7.7.06, LBA sent 21.7.06 Still have the paperwork as it was relatively recently so no need to do a S.A.R - (Subject Access Request). As of yet no response whatsoever from Halifax -

Hi all! I am writing to tell all forum members my success in obtain a FULL REFUND PLUS INTEREST of my Payment Protection Insurance Premiums due to misselling that was added on two loans that I have - backdated from the day the loans were taken out -that is 5-6 years ago for one loan and 6-7 years ago for the second loan. My advice to anyone seeking to claim should do as follows(By the way,this process only applies to loans and not credit cards mainly to the complexity of the calculations): 1.Exhaust the complaints procedure within the company.Make sure you keep copies of all fob you off letters etc in a safe place. 2.DO NOT e

Hi, Can you confirm why you are disputing the default? The ruling the the OFT has nothing to do with reasons of default. AS I've mentioned in another thread, you wouldn't have been defaulted because of the charges, you would have been defaulted due to to lack of payments. Sorry if that sounds at all harsh but I'm baffled as to why people think they can have a default removed because of this recent ruling.

Capital one have replied to my LBA withdrawing their goodwill offer. So it looks like I'll be going to court with them as well as Abbey. Oh well I've got nothing to loose except annother chunk of money.

Yes, quite a lot Look here: http://www.consumeractiongroup.co.uk/forum/scotland/6165-scottish-procedure.html

hi this is what i did. got my n1 claim form pack from my local county court, in the pack there is a leaflet which explains the costs and what happens with your case. this is on the site also and it is good to print it out. got the schedule of charges (spreadsheet with charges with the interest added) printed this off 3 times. i attached one schedule of charges for every 1 n1 form filled out. this is the link for the particlulars of claim which i used. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-particulars-claim-hard-copy.html hope this helps good luck lisaxx

After more prevarication from Equifax and Experian I have sent the following email to both of them (obviously with different addresses and company names ) : Any thoughts or comments? Pete

try experian - they will have details of all credit accounts opened in your name over the last 6 years.

As far as I am aware , writing a cheque with knowledge that you do not have the funds to clear the cheque is fraud and stating your possible intention to do so on a pubic forum is pure stupidiy

good luck please ensure you read the FAQs.

Steve, sounds like the standard letter, you will be passed on to Tommy Mclean soon for another preprinted letter. I'd start getting your ducks in line for the MCOL if I were you. You can start the MCOL and save it ready to go back to and just press the GO! button as your deadline passes!! BC

This is something that is not hard and fast to work out. Some take the tenner and some dont. There have been cases where the claimant has not sent it and the bank have asked for it later......even tho they have returned the money later. Best thing is to play it safe. For a tenner its not worth allowing them to use stalling

Yes, you are right Your LBA should only include overdraft interest on your charges (if you can be bothered to work it out) . Ned

So just to clarify the situation is now You have dropped claim for charges You have drpped claim for default removal You are paying DCA monthly instalments They want a CCJ against you for full balance including charges and costs Questions Have the DCA bought the debt or ar they acting for Egg? Was your application incorrect in some way (PM answer if you like)? What date did you take out agreement? What were you employed and unemployed dates? If you can reply to the above I may be able to get my thinking cap on. Hopefully others will as well.

Yasmin! You have asked for HELP from the CAG Forum. I personally, am going to put 'My Thinking Cap ON' and try to help you. I 'implore' other members to do the same. WHY? Because "The More Grey Matter that is applied to this issue, will Crack the Egg. "Knowledge & Faith Moves MOUNTAINS". Just one more suggestion, perhaps it might be a prudent idea, to post your predicament/case under the 'GENERAL' forum. Unfortunately, it would appear that the EGG forum does not attract the same atten

I spoke to the RBOS customer relations department today as I have not heard from them regarding a Financial Ombudsman's letter which was sent to them on my behalf on the 2nd August. - not related to bank charges The lady I spoke to said that they were "swamped" with letters and they could not keep up with their 14 days turnaround time. I ask if this was related to Bank charges and she said with a small laugh that she couldn't comment. It appears that this campaign is having an effect and if anyone hasn't heard from this could be why. By the way RBOS Customer Relations freephone number is 0800 015 5035 incase it's not shown here

Hi Plutos, I extrapolated the following from elsewhere on these forums:- please see if it is relevant to you ~ two alt replies: ---------------------------- 1. This response is served pursuit to CPR 18 The Response 2. In response to Para 2.1 and 2.2 (a)(b)© of defendants request please find herewith (attached Schedule one) a break down of the charges applied to the claimants account this includes the claimants account number sort code and the dates of the charges were applied and the reason. 3. In response to Para 2.2 © of the defendants request, the claimant has already explained why the charges should not

Although technically the case has not yet been allocated to the small claims track, it almost certainly will be and CPR 18 requests do not apply to small claims. So you don't have to reply to any of their questions. Most people, as a courtesy, send the schedule of charges (inc 8% interest) with a/c no. Be interested to know what they said re: 4. If not ...bla bla bla

No, it was some other equally pompous and devoid-of-DPA-knowledge t*at.

Oh My God..! Clocks. If you have that in writing, then the MS words are priceless- I would love a copy. Angry Cat:)

Hello Sorry you have been missed! You appear to have done everything right so far. The account should not have been defaulted and you should write to Capital One in order to have them remove this. Naturally they will argue with you about it but there are threads here dealing with this. Look here http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html Regarding the offer from Capital One, you can inform them that you accept their offer but will pursue your claim for the balance. Should it become necessary for you to issue legal proceedings then your claim at that time will incl

You have that in writing? Wow. Frame it. Lock it up. Can I have a copy?

It has happened, but not on a large scale. We are now advising anyone who receives a threat of account closure whilst making their claim, to include an injunction so that the court orders the bank NOT to close it.