Peter, Just remember that you're only having the same thoughts and fears that we all had when we started out on this site. I've just filed N1 (court claim) today and I'm still anxious about that whole thing, but hey, I'm only asking them for my money back.. Best advice is to read as many threads as possible - no two claims have been the same. Some settle before filing claim, others afterclaim has been filed. Here are some more links to follow: FAQs - http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ Step-by-step instructions - http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/3

Hi Many thanks to whoever gave me a tick within the last hour. Does anyone know how many rep points you need to gain another green blob - OH! I sooo want another green blob!! Regards, Pam

Hi bob, firstly the six years doesnt have much to do with the SAR request, the bank or card company has to by law send all data no matter how long held on file. If they have 20 years of data on you then they have to send it to you. However i get the impression you are referring to the Limitation Act 1980 which states a normal claim can only be bought within a six year time scale. There is however exceptions to this rule and claiming back bank fee's is one of them. Under the limitation act it states that if the defendant was for any reason trying to conceal a wrong doing that the claiment can bring the case from the moment he/her found

PAYMENT PROTECTION INSURANCE Before reclaiming or cancelling PPI you should have a look at the following Notes and see what type of PPI you actually have. Always consider all the facts and figures before starting a claim.. Whatever you do Do Not Just Jump In without researching your own policy, and don’t be afraid to ask for help / advice on the forums on CAG. There are basically 2 types of Payment protection Insurance policies. 1) Monthly paid premium (as used by most of the credit card companies) These policies should not be a big problem to cancel; normally they will cancel this type of policy if you write to

The Excel spreadsheet that was originally posted here has now been superceded by this page. Please see that page to obtain lists of settled claims. Cheers Michael

i think that you should send in a DPA request, which will ask for your statements, along with the statutory 10 pound fee. you can print off a DPA request letter from the templates libary, the bank then has 40 days to comply. while you are waiting for the bank to send you your data, you should have a read of the FAQ,s to get an idea of what you will need to do. it might seem a bit complicated, but it isnt and you will get all the help you need from this site, so dont be put off. you will get there in the end

Final Statement of Claim has been removed temporarly.. Ian

CG7, stick with sending them a CCA request and make sure you put that you do not acknowledge any debt to them (if it was for 2 accounts then you need to send 2 CCA requests with 2x £1 postal orders or cheques) you can send them in the same envelope. By doing this you are not reactivating a debt and if it is still not resolved by end of year then it's statute barred anyway. I had an old account with barclaycard which I hadn't heard about since ~2001 or 2002. Lowell started pursuing me and i ignored them for about a year, then when i came here I sent CCA to Lowell and lo and behold they didn't come up with the agreem

I think you should treat it as an allocation hearing - thats what it sounds like to me. This should sort you out - http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html. If there's anything else, just let me know.

if they don't file their aq - their defense is struck out (sometimes the judge gives them extra time and they still don't file their aq) so, you win. their full and final offers are never their full and final offers if you reject them - they eventually come back with more. the idea of the aq is to put it into the right court track - but dg doesn't want to go - because they would have to show their costs and all and they aren't prepared to do it. so, sometimes (often actually) they just don't file their aq , but if they did, next step would be a court date being set. and crusher and the other's say - they still will settle before t

lats, what happens if you have sent off the aq and all that business and they make a final offer that isn't 100%? - what other route is there to go?

I've sent about 10 recorded delivery letters to banks, etc over the last couple of months and I think 4 of them have failed to show up on the Post Office Track and Trace web site. When I e-mailed them, in 3 cases they e-mailed me back with the delivery details but couldn't understand why they weren't on the website. The fourth they had to admit they had lost. Except that we got the statements from the bank, so they obviously did get it. A bit disappointing really but it has not actually caused us a problem yet. Inte lastcase, the Post Office sent us a form to claim compensation.

Ask yourself a few questions 1) If they changed the date or amount without informing you then the bank must rectify it. So If they collected an amount different from what you agreed with them (£0.00 -cancelled) without informing you is that not the same in principal. 2) You do not have to inform the bank if the date or amount changes so why inform them if the amount changes to £0. Your argument to the bank(if you needed it) could be that you only cancelled it with the company and not the bank because it was only a temporary cancellation with a view to resetting it with the company the following month or so. Remember

Pondfish, Small suggestion. I would suggest that you state you will be deducting the "goodwill gesture" from the total claim, rather than state deducting it from the charges. Small point, but you do not want to give them any cause to claim that the charges have been all or mostly settled, and that your continuing claim is now only for the interest.

Tick tick tick. From reading other threads reckon about 10 days from when your claim is received to when you get your money. In the unlikely event that you don't receive your money: Nationwide have 14 days from date claim is "issued" to acknowledge the claim they then have 28 days from date claim is "issued" to issue defence . In majority of claims (90% or more) they pay up and don't issue a defence. The next thing for you to do is wait and then one of three things: 1) If they issue a defence then you will be sent an AQ to fill in. 2) If any of these deadlines are not met then request a strike out ASAP because e

Hi and Welcome! My advice would be just to keep reading everything you can on here, also have a look at some of threads in the "Success" thread to give you an idea on what to expect. Good luck, and if you have any questions, please ask. Barty:)

Yes unless you receive the money in your account go to court - you should receive it though. Unfortunately the £250 that has since accrued, will have to the subject of a separate claim, you can try with SCM to get it included, but I do not know of anyone having success with this. You can get limited cost recovery for tomorrow if they do not settle. This is a very good link and contains (about 2/3rds down) a section on costs: http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

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Whether your covered whilst on a temporary contract will depend upon the wording in the terms and conditions of the PPI policy. Certainly in the case of lloyds PPI you are not covered LLoyds have never sent out statements, but you can obtain a current balance of the loan via their internet banking, am unsure if this is something RBOS offer

You should definitley hold out for a refund of the court costs as you've now paid them. Arguing the 8% as well should be ok really as you've now filed the claim and the interest has been added. However, if the settlement offer came in only just after you filed the claim they could try and argue it's unreasonable. There are two sides to it - 1) You should accept the court fees and charges, and holding out for the interest is unreasonable as they have offered to pay the rest 2) They offered too late, it's their fault and they are trying to get away with not paying statutory interest. I'm not sure how a judge would see it. I

"For your information, the general effects of sections 77-79 requires the creditor/owner (in the case of a hire agreement) under an agreement for (fixed-sum credit, running account credit and hire agreement) to provide the debtor/hirer with a copy of the executed agreement and a statement of account on request." I just noticed this - it seems to clear up the long standing question mark over whether or not overdrafts are included in s 77-79. Looks like they are. Brilliant work tifo!

hi ft everything is as it should be at the moment. the status will change to 'defence' at the last minute on 19th. you'll then receive the defence and aq. everybody is working 2/3 weeks behind, so even if you hit the judgement button on mcol (if it lets you), the court will probably give hsbc 7 days further to submit their aq. all a bit hit and miss at the mo - don't worry though - we'll all get there in the end! netty

Tony, Click the link - it will help you: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html If you have only sent off your prelim - asking for it back, you will need tosend off you LBA (Letter Before Action) and another copy of the spreadsheet containing a copy of your schedule of charges - sea-side lady put the link on her ealier post, but here it is again: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/ Every thing that you'll need to send to thebank or court (if it gets that far) are in the Template Library. The only other advice is to read,

Hi At the risk of being told to 'mind my own business' I am going to have my say! This site is for all who wish to join and any thread is open to everyone. A man's right to security and privacy in his own home is a basic right of any democratic society, but so is freedom of speech! Everyone is entitled to their own opinions and should not be subjected to ridicule, scorn and abuse by expressing them. This forum is about the exchange of ideas, the gaining of knowledge and sharing of opinions. There was a similar situation to this recently where a bailiff (blfuk) had joined the forum to express his opinion and was met

2die4 You're about 5 days behind me. I sne t my LBA on 27th Jan, and got a reply on day 13 (9th feb)saying that they had not yet looked at my camplaint, but had until 9th March to respond. N1 filed this morning at 1000hrs - wonder if that will get a response..??? Good luck with your phone call - if you decide to make it.. Survivor

With Capital One you will probably have to go to the court stage with MCOL. They may file a defence, then they pay up. Not a quick payout from experience and their history on other claims. Ukaviator

I can see Blacksheep's point about people who are in debt but have homes full of luxuries. I'm in 20k debt after a bad marriage and divorce some years back and admittedly some naivete on how to manage that, being taken advantage of by my bank and their "consolidation" loans etc. Older and wiser now, still with the debt, having sold my car and bought an old banger to pay off as much as I can and most certainly without any luxury items within my home - if I did have anything of value, I would sell it to pay off my debts. I have no sympathy with people in debt who cling on to valuable items when they could be sold and replaced with cheap

Hi Brad, Im not sure about payment protection interest and cash interest so wouldnt like to quote on that as I have only ever been charged Purchase interest. What spreadsheet are you using as it should do it all for you? I would also suggest you phone Cap 1 and ask what APR they are applying to your account (there is a way to check they give you the correct info). You may find this thread useful if you havent already seen it. It is very long but worth it. http://www.consumeractiongroup.co.uk/forum/general/18313-why-no-one-claiming.html

ooops sorry derrrrrrr! http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

Start your own thread - so people can keep up with you and help when they can. Stick to YOUR timetable. Read the FAQ on here and don't be put off by HSBC not replying or giving a wishy washy "we are looking into it" answer. Send Prelim and scedual of charges you are claiming back - and interest if you go for it (I didn't) If you look in the library there are great templates that do all the work for you. In exactley 14 days follow through with the Letter Before Action and then if not in recipt of your monies in 14 days file your court claim..... It is your money and almost £1000, and over with interest and court charge

Every idea designed to help society would be a good idea - in an ideal world. In an ideal world, kids wouldn't be proud of getting ASBOs; the Fuel Allowance would stretch to heat the elderly's homes; Traffic Wardens/PAs would only ticket you if you were causing an obstruction; creditors would assign and execute debts correctly; OD charges would cover only the loss incurred by the banks; your pay would come in exactly when your boss says it would; every time SO-19 fired, it'd hit a terrorist and not an electrician... The world is run by humans, and you're all fallible - anything that extends the power of bailiffs beyond those they alread

Morning Gaz, this is their current method at the moment, giving you a bit of your money hoping you'll go away. Tell that you will be delighted accept their offer as part payment but that you expect them to comply with your subject access request within the 40 days, then add up what they owe you (don't forget to add contractual interest) and see what the balance is after the amount they have already "given" you. I understand it is possible to get defaults removed, especially if you have been defaulted as a result of charges, however, there will be somebody out there with more experience of this that me but I hope the above helps anyways.

You wont need luck, you have been right on track the whole way so far. The good thing about filing N1 is the people at the court can have a quick check over your papers to make sure everything is ok. That sets your mind at rest. Almost there now....... so close you can almost smell it

I may have misread that letter but seem to recall it said the bit about the pre-contractual documentation. But in evey other sense it was typical politician's reply so you're right Andrew1

Blacksheep, I don't wish you any misfortune. It seems that you have already experienced misfortune... from the other side of the fence, so to speak.. and unfortunately, have been left a little bitter as a result. My comment about you swallowing tabloid garbage was said because that is what you appear to be spouting out.... a moral panic about all debtors being wannabe criminals; trying to cook up new ways of avoiding payment. The tabloid press do this all the time... with debtors, lone parents, asylum seekers, street crime... and so on. Take your pick. This means that people in debt become treated like criminals even though in itself, ow

Frances, Welcome to CAG. Your best bet would be to start a thread in the forum for whichever bank you are going to claim against. You'll get help there from people who have already successfully claimed and will tell you exactly what to do. Call your thread something like "_frances vs. [insert your bank here]". That way, all your posts are in one place and the experts will be able to track your progress and give you all the help you need. Before you go diving in and send any letters or start any spreadsheets, read the FAQs here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ Read as many of the stic

You can only acknowlege a debt in writing signed by the "debtor". (Limitations Act) I'm in this position too with Lowell Financial/Capital One, send them the CCA request that starts "I do not acknowlege any debt to your company". State with no other detail that it was Cap/One who breached the agreement and that there are unlawfull penalty charges. And inform that they must no longer telephone you. You'll get an everso nice letter back that's no more than a template response. In my case they're now just a few days away from committing the offence and if they do get the CCA copy i'll S.A.R - (Subject Access Request) them for

The above amendment to the Theft Act is not relevant in this case. keeping a wrongful credit is only applicable if the orignal money kept was obtained dishonestly / by theft / by deception. It was introduced to deal with people who for intance obtain a motgage fraudulently and then then transfer the money to a third party who then either keeps it or moves it on. Money transfers under the original Theft Act were not considered property so this amendment was introduced to close that loop hole. Heres an extract from the internet on the subject It is made clear that a credit is only "wrongful" if it derives from a dis

started reading this thread at 02.30. finished 07.34 what a fantastic read l & m well done when will this be avaliable in hardback?

Hi Essexbird Thanks Nattie for your imput, Now girl you must get the letter printed out and take it into your branch, its a legal document i believe, so they cant ignore it (take a seperate letter with you and get the manger to sign it if you can as proof of receipt) Im not 100% but i think you have to do this everytime a payment is made (a pain i know but you will get what your entitled to) so just print a load out ane write the date out by hand. I would think you would need to put it in on the Monday as early as you can or you may be better off doing them 1 week in advance ie. go in monday file letter for 22nd feb, and so on. Thay can

usual ploy write back reminding them the clock is ticking looking at the other threads, as i'm about to start my O/H claim against them, ill watch this with interest dx100uk

You could CCA them but this isn't recommended unless there is doubt about whether the debt is genuine. Firms like MH work on the basis that if they can intimidate and scare you enough then you'll pay more. People who simply ignore them often get ignored themselves. You have a couple of options. You could simply stop paying MH. They'll scream blue murder at you but they may eventually just give up. You could go bankrupt- this would wipe out the debt but there are all sorts of complications with this course of action. The third option is to preprare an income and expenditure account working out what you can afford. This means

Hi kevw, As chaddyowl says, stick to the timescales - it's your claim against them, you set the rules..! I sent my prelim and got back the standard reply where they waffled about it may take 4 weeks. Once the 14 days were up, my LBA went in the post - they should have rec'd it on Monday 29th Jan. When I sent my LBA, I altered the frist paragraph, to suit my circumstances, so that it stated that as they, '... had not replied other than a standard letter...' I envisage that I may have some contact from them by the beginning of next week. However, if they make contact by phone and make an offer, I will insist that it i

I should write to them and acknowledge reciept of this but state that you only accept this as partial payment and that you will continue with your claim to recover the rest of the outstanding balance. Something like this: BANK NAME Address Address Postcode Re: Account number *********** Response to settlement offer. Dear *********** Thank you for your partial refund of unlawful charges to my account. I respectfully decline your offer of settlement. I will accept the sum offered only as part settlement and on the clear understanding that I will continue to pursue the recovery of the remainder and that I hav

Sorry to disallusion you i wish that were the case. I've been suffering with mental illness for over 30 years, some days good alot of days very bad. Its only with the drug therapies that have come on board in the last few years that have allowed me to function 'normally', whatever 'normal means! And my lenders have all been aware of the situation but they (IMHO) don't give a toss. They just want their money back, or rather the money and the interest that they have applied. In all my dealings with the MIB, I have never asked for the debt to be written off since whether I was ill or not I borrowed it, I have always gone for the intere

If the CCA request is in default the debt cannot be enforced as follows: Quote] Under s78 sub section (6) whilst the default continues you (they) are not entitled to enforce the agreement in law.

i stopped paying it when they defaulted in july. and making paymnets before the cca is sent is not taken as admission of the debt, you were deceived into believing they had the legal right to collect it, as in had the correct paperwork, you were in a vulnerable state. at the end of the day even if they tried to say your payments were acknowledgement of debt they do not have the legal right to take this money or enforce this and have taken money from you by deception the legal term is something like 'taking pecuniary advantage by deception'. so stop worrying and just wait and see what thety send you back before doing anything else

Hi Team. Margosweeney,don't be frightened by this.All the help you need is here.You will get letters trying to put you off claiming.Scare tactics to make you back down.I personally have'nt had any problems chatting or writing to bank staff.You get the standard 'Go Away ' letter,but you must claim what is rightfully yours.We have all been duped into paying excessive charges for years by the banks.They knew that the charges were Unlawful.Now that they have been caught with their hands in our accounts,we want it back.People have lost homes and families through bad banking practices.They have'nt appeared in court yet as full disclosure of th

Hi BF, and all interested (like... everyone?). The original simple spreadsheet was not set up to easily change the rate of interest. With the complex spreadsheet at the moment, all you can do is change the 8% for a contractual rate, and this one rate will apply for the whole of the period. This is mentioned in the notes of the spreadsheet. There is an arguement that as the rates have changed over time, the contractual rate claimed should reflect this. I am currently looking into this. If it would be correct to alter the rate over time, then I can create a template that would do this quite easily. I am working on spreadsheets to

Look for "UNPAIDS OUT......I @ £xx Look for "UNAUTH O/D FEE....£xx Look for "PAID REFERRAL....1 @ £xx These are the main ones.