I'm not 100%, (just 99.9%) certain but I think you'll find that the 'one third' refers to the total price of the goods (car) that were original financed, and that includes any 'baloon' payment. In effect all the 'baloon' payment actually does is defer an agreed portion of the original cost until the end of the agreement when it (the 'baloon') becomes payable in a lump sum. The intention of the concept was that the vehicle would be traded-in for a new model and thus the 'baloon' would be settled as a part of this transaction. When I was last involved in the sale and financing of new cars the manufacturers and dealers were lettin

Yes your schedule of charges.

no i undertsand what a scan is... but was questioning whether u meant keeping a scan myself, or getting abbey to scan a copy before they sent it out. if the latter... i'm not sure what the point is, if they are just sending it out.

I might be wrong here but I think the IP address is location related, no to the account you have with the ISP. So assuming they are using your dial-up connection or broadband connection they will have a different IP address assinged to them. So you shouldn't get a knock on the door if they trace it from the source (as I think they did with Gary Glitter) it will give them the physical location. However, if you report it yourself, (other than honesty being on your side) you need to prove the history times and dates. Also ask PC World for an itemised list of what they did to resolve the issue, including times, dates, and the enineer working

What you need to do is to get proof that there were storms on the date of loss. If you are able to prove this, then by going through the complaints process you should be able to get the Insurance Company to contribute towards the damage, as the storms have been a contributing factor. Regarding the Internal Damage to the ceilings, if you have Extended Accidental Damage cover on your Buildings Insurance then this should cover the Internals, as the Nail Rot damaged slates have "accidentally damaged" the ceilings / internals. I think this is the best option to go down, rather than complain that the Loss Adjuster said it would be repaired. Af

Good luck in whatever you do dayglo, hope you get your life back soon.

You've been reading my posts I agree totally - it's that kind of inspiration that empowers you not just with debt problems but all those day in day out life things where someone somewhere pulls one over on you. Learn as we are all doing by reading joining in ASKING. People like the wonderful PPauls150 are just sitting there waiting to help people to help themselves. If it's hard to do - just ask and we'll help you along. Remember just one little thing - we all started just like you, afraid to speak out, unsure what to do, couldn't understand things, it was all a bit too much and god, wouldn't it be great if someone would do it for us? We'l

Barclays effectively caused the closure of our limited company after 6 years with a turn over of £350k p.a. by, closing all linked accounts. despite many appeals from our local business managers the decision was out of their hands and head office proceeded this action although the conciqueces were quite clear. Apart from having years of countless charges that we can possibly chase, this action financially ruined both directors personally, I personally banked with barclays for years never once was overdrawn but as all linked accounts were closed this also incorporated my own, everything I had was with the

Lot's of us have had identical letter (except dates) from Sandy Watt (YTS - very keen - here's a big pile of letters, answer them) reference CHGS and on a first-name basis. Generally speaking the letter refers to a letter you haven't written (or on a date you didn't write it - if you get my drift.) Maybe this a new tactic whereby the bank intends to claim institutional insanity as a defence.

Theres a spreadsheet in the templates section where you just type in the dates and amounts and it calculates how much they owe in interest. Rgds

Strictly speaking the OFT report does only apply to credit cards. That doesn't mean that what HP companies (or anybody else) might do is OK, though. Hopefully, the OFT will get round to them all in good time!

You need to notify the DCA that the alleged debt is "in dispute". There isn't a template as such. The easiest thing to do is just to write a very short letter asking them to accept your letter as official notification that you consider the alleged debt to be "in dispute" due to the imposition of charges on the account which you believe to be unlawful. You could also add " I am sure that you are aware of the Office of Fair Trading Guidelines regarding legitimatley disputed debts". What should happen then, is that they either pass the file back to the original creditor or put your file on hold "pending investigation" (usually for 28 days

HI Just skimmed the thread Think I may have missed something . When you took on the second loan surely the repayments,interest etc would have changed did they not give you any documenation of this before issueing the loan? Peter

Check the terms and conditions of your Mastercare policy to see whether there are provisions made if the repair cannot be done within a reasonable time, to see what you may be able to claim from them. This will find out whether they actually do allow vouchers for a replacement or just a refund of the policy. Would be interesting to see what the policy actually says, regardless of what they said on the phone. Now, back to the problem - I believe you need to write two letters. Write one letter to Currys where you bought the product. Explain everything that has happened, as you have here. Tell them that this is an unacceptable s

Hi 2die4 --- I was wondering where you were up to?? Remember to stick to YOUR timescales and you'll be in the money soon. best wishes. jaxads x

Executed means that it satisfies the requirements of sec 61 in that it has signatures by you and the lender, it is dated, has all the terms and conditions and so on. If they haven't provided the documents after 12 workin days and one calendar month then they have commited an offence and the agreement is unenforcable. This may mean that the debt still exists though, but the current agreement in terms of ammounts and frequency of payments does not.....it also means that the terms and conditions are unenforcable and so they should remove your details from the CRA'S! Try sending this letter, amend for your own circumstnaces: Dear Sir

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, and is the most important part. 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

Hiya I've just done this and sent the bundles off to the Court and Abbey a couple of days ago. I used Bookworm's basic bundle and then added in my witness statement, copies of bank statements, copies of all correspondence to date between me and Abbey and a revised schedule of charges with the 8% interest. If you need any help, give me a shout. I know what it's like getting it all together and I was grateful for the help I received from other members/Mods at the time.

Hi, Just found it for you - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html I don't think it will speed things up getting it in early, but at least you know you've done it - don't leave things till the last minute, something might come up to distract you from getting it in on time. There may be a link on the thread to a download AQ you can use instead of the one they sent you. Make sure its the same version, there are two in existence. I thought they had issued me with the wrong one but the court said it doesn't really matter which you use. If you use the download o

we asked FD to pay in cheque format (they wanted to reduce their debt originally). just tell them that you're making pro-rata payments and would like the payment sent to you so you can treat all your creditors fairly. you should really use the refund to make pro-rata lump sum payments but of course that is entirely up to you.

They can choose to settle at the doors of the court if they want to. Why would you want to cancel the court date - have you been advised to cancel it if they don't settle? If so, I'm afraid thats terrible advice and it would amount to abuse of the court process. You'd normally get ordered to submit all the evidence upon which you intend to rely at the hearing, usually by 14 days before. The evidence relevant to your claim is everything I linked for you - the court bundle and statement of evidence, etc. You'll need to take all this with you if you do end up having to go to court.

Hi 2die4. Claim for "charges as notified". If you want to send it tonight, then don't claim the interest, because it is a little more complicated. You are entitled to reclaim the part of the interest that was charged on the penalty charges, but not on authorised overdraft interest. As the statements don't list these figures seperately, you need to use a spreadsheet to calculate the reclaimable amount. Regards, Rooster.

You should have received one from the court with a copy of Cobbetts defence. If you haven't then ring the court tomorrow morning and tell them - else you are in danger of missing the deadline. The AQ you have received from Cobbetts - just file with the rest of your paperwork.

Hi Kkatiew. If your journey has taken this long and your destination is still not in sight, then I think that you've taken a few wrong turnings, along the way. I suggest that you start again with the maps. Read the FAQs and the step by step guide in the library section. Stay there until you feel comfortable with them. Do not pass go, Do not collect £200. Now start again with the Data Protection Act SARs letter from the templates library. Don't forget to include the £10 fee. If you already have all your transaction details, then transfer the penalty charges onto a spreadsheet (templates library). Print it out. This be

Tanz

Bear, I have not heard of anybody winning a claim further than 6 years, so I would keep your claim to the previous 6 years which would cover your 'naughty' period. You can date your claim from the day you actually claim. Hope this helps. I'm at the court stage - see my thread Mupster v Natwest.

That sounds to me like the request for your Court Bundle, but happy to stand corrected. And see also this sticky on the Abbey page : Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary Regards, Mad Nick

i do hope you mean they credited your account -not debited. did they include the court fee as well? if not - get it back!, if they did and you got it all - well, i'm as happy as you are - and all because they didn't acknowledge - gives hope to the rest of the claimers. good luck to you, and spend wisely. congratulations.

Perseus, don't even bother arguing with them at this point, they are responding to a request for refund you haven't even made!!! It's none of their business why you are sending a SAR. Don't let them distract you into a response which is irrelevant at this point. Concentrate on finding the proof of your £10 payment and send a COPY (of course ). If you can not find it, unfortunately, you'll have to send another one, and the 40 days will only start ticking from when they receive that one.

Hi Perseus. Sorry for the length of this post, but I hope everything in it will help you. To address your situation step by step. Firstly they have refused to action a sar which is your legal obligation under section 7 of the the DPA (1998): Any breach of the requirements of the DPA are actually a criminal offence and I would make them aware of this. From what I can see you have given them a request in writing, along with the fee, which is a legal request from you to the Data Controller for a disclosure of your information. They have breached this. As for your fee, they say it wasn’t included; if you can fi

Hi and Welcome Lloyds don't usually close accounts, but as the previous poster said it is a good idea to open a new one "just in case". I would send your preliminary letter now, and look into opening a new account while you are waiting for the 14 days. The part about the interest in the prelim letter refers to overdraft interest, not the 8%, this is only added on when you start the court claim. If they settle before it gets to that stage, you don't get the 8%. Online statements are fine. Hope this helps! Good luck! Barty:)

Hi there Just had a letter from Cobbetts solicitors (NatWest's) and I'm a little worried. There are loads and loads of questions in the defence document and requests for further information and clarification. They are asking me to clarify the following (taken verbatim from letter); In relation to each charge, please clarify the following: (a) is it the case of the Claimant the same should not have been charged? (b) If yes; please explain why the Claimant contends that the same should not have been charged? © If no; is it the case of the Claimant that the same should not have been charged in this amount? (d) If yes; please

Black Horse are simply trying to pull the wool over your eyes, The issue here is that the charges they have added onto your account are Unlawful and they dam well know it. I have to agree about Lloyds of course they will deny everything with vigour, they did that regarding a claim I had with Mis sold PPI, they denied it on national TV, but did not in my actual complaint. Needless to say a Complaint is winding it's way down to their press office about the comments they made..lol. The OFT ruling does not in fact say that the level of charge that they set at £12 is fair, they simply state that they will only become involved if the char

Just ignore them and carry on to your own timetable...LTSB will do anything they can to put you off your claim. They are well known for it - just read all the other threads. They cannot be correct as everyone else on this forum are succeeding with their claims and winning cases, using all the great advice from this site... I have found LTSB to be obstuctive and difficult to deal with and mostly I find their letters very patronising! - Why not buy The Consumer Action Group self-adhesive stickers and put them on everything, I have, then they will know you mean business and are getting sound advice and WILL NOT give up! Good luck

To answer your questions. 1. It's very likely that Amex will have a copy of the executed agreement, in which case no harm is done and you now have a copy as well. 2. If they haven't then they will have to go to court and ask a judge to enforce something that doesn't exist, I dont think thats a very good idea as the Judge is more likely to throw them out of the door. 3. Does it really matter if the card was used ? if the agreement is unenforceable then they cannot add charges to it and only the capital amount needs to be repayed. 4. I dont see how a court can enforce a none existant agreement. Please note we are not disputing if

Letter sent to court this morning incorporating the above - thanks to you all xx

Do not worry, it is best to not make mistakes but they do happen. It is only for £8 anyway, it will sort itself out eventually. I am not exactly sure where you have made the mistake, but MCOL are unlikely to pick it up. Just let your claim continue - do not fret.

NO They deffinately havn't they have to supply a true copy of the orriginal agrement. The one you signed, since they have already sent you a bogus copy you are in an ideal situation to write back and say that this is not a true copy of the agrment and in the circumstances the only copy i am willing to accept is a copy of the executed agreement including the signatures. Peter

i like it crusher! considering the username is babyfactory! when's it due?????????????

You will need to send this to your local court, either post it or take it there by hand (I like this option... lots more fun! ) All the best with your claim, you are quite well along, so not too long to wait!

Yes indeed. Do not let this letter lure you into a false sense of security. I had one of these exaxct same letters back in mid November... still no money and a mcol filed. Not meaning to pop your ballon, as Mr L might mean what he is writing this time! Crusher

yes i have done this on a couple of times with differant banks writing back and saying you will accept the offer but without the conditions, remember you are in controll here not them, i know it seems strange but that is the case. best of luck CB

Schnide, I had a similar challenge from Egg, all fairly standard defence. They are, in essence, doing a lot of the work for you - para 3 is almost offering standard disclosure, this is the route which I have taken. Request, on the AQ that the judge orders Egg to divulge a thorough breakdown of costs. I went a stage further and requested that the judge order Egg to divulge the profit from overlimit charges over the last 6 years (if it is a genuine pre-estimate then the profit should be negligible). Section 4 will be an important part of the defence and an attempt to justify the disproportionate charges by weasling around the O

Well, what more can I say gang. Freebird's singing a happy tune tonight. Unconditional settlement in the bank today.....and yes I had a cry took the kids for a meal tonight..lol..their choice was pizza hut, and boy did we enjoy the pizzas... time now to thank all you lot on here so much, Admin, Mods, Site Helpers and of course posters, as all of you got me through this and I thanks you all from the bottom of my heart. A struggle, but really worth it in the end. Not only has another "little person" taken on "fat cats" and won but this year we're going to have the best Christmas ever and book a holiday....you bet ! Don't

Get your credit reports from the three horsemen of the apocalypse (Experian, Equifax and CallCredit) (god i hate these guys - they're worse than the banks, at least the banks take responsibility for their decisions). Find out how bad your credit is. If there are defaults from old accounts you can get them COMPLETELY REMOVED. The creditors have no right to "continue processing this data" after the credit agreement is finished. There are many threads about how to go about this in the "Legalities" forum. Specifically, check out surlybonds sticky thread. Be warned though - this is more on the rocket science side of the action of this site. I

Hi Jamorgan, On the issue of your husband, it may be that you need to ammend your claim see: PART 19 - PARTIES AND GROUP LITIGATION Although try the letter for now and see if that satisfies Kensington. If they have not formally mentioned it in their defence you may be ok. I'm working on your defence now and will post later. Its interesting that they are claiming the contractual rate of interest on their costs. Do you have the wording of this contractual clause?

Found it thanks! Starting to get the hang of it but brain starting to rebel now from info overload. Going home to check out exactly how much I'm owed

Hi im posting up a step by step account of how Im managing, take a look at my thread post number 48 im new too so my advice is limited, BUT, keep going it gets easier!!

could any one let me know if it is only credit cards and not bank accounts. thanks in advance steve

MY WIFE HAS JUST RUNG ME!!!! PAID IN FULL!!! WHO'S THE DADDY???? As soon as the money hits my account, I will be sure to make a donation!!!! A big thank you to the website, and all the moral support I have got from all my new found freinds!!! :D :D