New cabot sub forum now set up

hiya shychris, i am not sure of this but why dont you phone the mcol help desk, i am sure they will point you in the right direction.x

Knelly, No, don't do that - you would be giving up the interest on them. Just take the £350 off the total of your charges + interest. Regards, Mad Nick

hiya charmaine and welcome to cag, please be sure to read the faqs and the guidance notes, this will give you a good understanding of how to reclaim your charges, people are very friendly and will answer any questions you have if they can. This is a self help site, but you will find plenty of support from other users, personally i would add the charges which are outstanding on your account to your claim (someone correct me if i'm wrong) and yes if you have a read at the template letters you will see that there is a letter which requests defaults on your credit file be removed. best of luck with your claim x

Assuming that both are in agreement with the claim proceeding, a simple letter to the court pointing this out is likely to be enough, with both parties signing it. In Alymacs case he was the only one who had ever used the account or paid into it, it was just that his ex's name was on the account. If your friend is genuinely claiming on behalf of both account holders I don't think there will be a problem.

hi - i think it is an agreement in principle - this gives them the right to do a credit check on you and if there is somewhere to sign on it i think it is binding if they agree to loan you the amount asked for. i may be slighlty incorrect with my wording hopefully an admin can correct my errors or explain a bit better than me

Excellent!! Please complete the bank survey……….cheers for the donation. See here for advice after settlement: http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html Please PM a Mod with details of your settlement for the Litigation Concluded forum Congratulations. Enjoy the dosh!!!

No need to worry, or to amend your schedule. They just won't offer the pre 6 year charges in settlement, thats all.

They were obviously having a quiet day at the office I think as you gave them 14 days to respond / refund your fees and they've refused to do so you'd be justified in moving to the next stage.

first start by reading this Frequently Asked... then things should make more sense if you get any problems theres usualy someone online who can help good luck

Hi, Yes you do exactly the same for your credit cards. Lucid

Hi I think they would only do this if the loan was way behind in arrears, I don't think I can recall any claim on here where this happened. Barty:)

Basic Court Bundle

You need to allow 5 days for them to be served. Giving a total of 33 days

Hi, chewynuts, Welcome to the forum. Please start by reading these and keep a link to them; http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ Most if not all the information you need is there. Post a thread in here; http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=6 Title it chewtnuts V Abbey. Also read some of the successes in here; http://www.consumeractiongroup.co.uk/forum/abbey-cahoot-successes/ These will give you a feel of the process. When contacting your bank use the template letters here; http://www.consumeractiongroup.co.uk/forum/bank-templates-library/ If y

Hi Chewy And welcome aboard. There is a lot of information on this site so take your time and spend a couple of days reading as much as you can. Here are a couple of links to get you started and i suggest you always keep them to hand. http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/24031-frequently-asked-questions.html http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html When you are comfortable start a thread "XXXX v Bank Name here" in the relavent bank forum as then people with specific experience of this bank can offer support and advic

You're welcome! Good luck with this. REgards, Pam

Hi armbar, send the CCA recorded or special delivery today and don't speak to them on the phone. Any communication with them should be in writing and keep a copy of your correspondance to them. You will probably get a letter back stating the account is on 28 days hold, they will also ask you to supply them with any details/proof of any payments that have been made. My personal opinion on this is that they should have this particularly if they have bought the debt so why get you to do their work for them. With regard to court and bailiff my understanding is that they have to file the papers into court, you will receive paperwork from the court

You can revise your schedule right up to the point you commence proceedings (MCOL or N1) but obviously confirm the revision, no need to alter the dates you have in your time table as these are just revisions to the value not the fact that they are unlawful and you want them all back. Think netty might be right about the overdraft arrangement fee but no harm in putting it into your schedule HSBC or the solicitor will take it out if they don’t agree when they make you an offer (gives them something to say they have done right) on the other hand its only £25 and we should be as right about what we do as we can be. pete

it will all look and sound very confusing but trust me - you'll be ok! you can even take a look at the actual AQ online if you click the link below too, might make more sense! Notes for completing a small claims track allocation questionnaire - Form N149 An online PDF version of the form is HERE

Sounds like your gettin' the bug Claire! it gets a bit addictive - giving banks a taste of thier own medicine:lol: Good luck (not needed of course) to all your mates. Make sure you stick around after you've scerwed Barclays to the floor:lol:

Yes, add the new and forgotten charges to your list of charges and head the page REVISED list of charges. Then change the total in the letter. I wouldn't bother explaining what you are doing - they don't actually read the letters anyway! Just stick to the standard LBA letter. Good luck tomorrow. .

Yes you are msbanana !!! take it slowly and follow all the great advice you will get on this site.. you will be fine!!!

aww,thnx x

Hi & Welcome! I think most of think that we will be the first case to go to Court, it's only natural to be a bit nervous of the whole thing. Good luck, let us know how you get on. Barty:)

no because there has been no settlement on bank charges and the £12 is not a cap but merely an amount the OFT feels acceptable anything over this they are prepared to get involved with the case. That does not make it right if when disclosed the charge is less than £12 if this has helped please click my scales cheers

And you didn't tip my scales, you swine... (walks off in a Chardonnay induced huff)

They checked my experian report too TWICE on the same day (I reckon cause they chasing tow debts in one claim??) ALSO - they checked Land Registry too!!!! Naughty Naughty?? Does anyone happen to have the sections to quote that says they ought not be doing this - so that I can quote this on my POC's this week??

Customer Care, Lloyds TSB, 125 Colmore Row, Birmingham B3 3SF.

Start up a new email address Tbern it's easy enough. So they object to a few emails do they? Have they any notion what it's like to be harrassed by phone 24/7 or to be bombarded by their stupid letters. My goodness boot on other foot or what????

But can they do this without my permission ? I have just made a complaint to Experian to ask them why they have allowed them access to my personal data with our my consent

Hi Chase them up at Lloyds on 0117 943 3133. That Royal Mail site can be a bit dodgy at times. Good luck with your claim, let us know how you get on. Barty:)

Hi again The bit that you need to add on to the judgment title is the reference : [2006] EWHC 2785 (Ch) (copied from the link on the Credit licence thread) and it's paragraph 2. Regards, Pam

Hi SampleX Wow - you've got one hell of a case of harassment and possibly professional negligence here. I hope you dont mind the suggestion here, just hope it helps: Just to assist - here's some links for Cornucopia's suggestions [/url] 1) Request for a copy of your credit agreement under Consumer Credit Act 1974 is: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html#post162367 (and worth noting to amend the wording where appropriate to "a true copy of the executed agreement" - more specific by definition) £1 Postal Order by recorded delivery - 12 days to comply, then one calendar

first off my sympathies to you taylormandy on the outcome of today then if arguing statue of limitations wouldnt another angle then to be Make our prima facia case be the charges then the secondry issue being the SOL to this end from ourside to pull in an expert in financial accounting to give a report on the costing to these charges to thus prove they are in fact in breech of the contract thus illegal so if in front of a judge on a hearing such as this if the other side (banks)try arguing statue of limitations you argue that Statue of limitations is not what the case is about but the legality of the charges and

MCOL is a piece of cake Kerry.... with a cherry on top

Thanks for your good thoughts everybody. Sadly I had my case dismissed under the terms of the limitation act. However much I argued my point, both the judge and the barrister said the issue was that there had been NO judicial decision on whether or not the charges are unlawful. Therefore my argument that there was concealement, or that I paid under a mistake of fact or of law, was irrelevant. If the charges are not PROVED to be unlawful in a court of law, then I cannot claim concealement or mistake because in law, there is nothing to conceal or make a mistake about. So basically, my particular judge said that until there is a

I don't know what I'm doing tomorrow Kerry, but i'm sure i'll be popping online at some point, one has an addiction to feed:lol:

HI..In answer to their points 1) Woo-Hoo..Glad they know 2) Mayb not- but they can't collect it. 3) They can't default it, not whilst they have defaulted on the CCA. 4) So I paid 40 times when I shouldn't have done. There's no agreement..Hmm, could claim all those payments back! (although I'd advise against it) 6) Well it wouldn't have broken down if they'd conducted their business the way they should have done, by making sure there was a legal OA before they started all this. I'd do nothing...why should you?

It would appear that they accept that there is nothing they can do. I personally wouldn't offer them a settlement figure, if you aren't concerned about defaults on your file then don't worry about it. There is a chance that you could get the default removed anyway.

Send off an SAR and CCA, stating you do not acknowledge any debt to them, and see what they coume up with.

well done. Time now for your own thread in the Abbey group. I will move your post there and set this up for you.

Hi vnk! Methinks that U may not be getting the replies of support and help that U require cos of the complexity of your particular problem. U may get more qualified replies if U simplify your posts and try posting on the 'General', 'Debt Collectors + DCA's' or 'Legalities' Forum. I think your problems have come about cos Nationwide had deliberately sought to be outside of your IVA (...by design methinks!), so as to be able to persue your debt to them without due consideration to your other Creditors. They are attempting to off-set any monies Re-claimed by yourself, against the debt that they claim is still outstanding to t

Did you send the CCA request by recorded delivery... and have you checked that it was received ? If it was received, then the account is in dispute from the moment they receive the request.... so making payments until the 12 working days are up is up to you. If they do not produce it within 12 days, they are then in default and you would be within your rights to withhold payment anyway. Do not worry too much... wait and see if they produce or not. If they do default and continue to give you grief over the 'phone, send them the Harrassment by Telephone : response letter in the Bank Templates section... kep scrolling down 'til yo

You should start a thread in the HSBC forum (you are in general here). Anyway to answer your question send 2 copies of your schedule of charges, clearly marked with your claim no. and a brief covering letter asking for them to be filed with your claim to: The Court Manager, Money Claim On Line Northampton County Court 21-27 St. Katharine's Street Northampton NN1 2LH Dear Sir/Madam (Your Name) –v- (Bank) Claim No: ******** Date Issued: xx/xx/xx Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 o

Thia is very long I'm afraid, but it's a collection of bits of various documents and my own musings through succesfully claiming back money owed to me through a mis-sold endowment. Nightmare computer problems trapped this doc in my old computer for 6 weeks so apologies for the long delay! If you find it useful, please click the scales! More than five million endowments have a shortfall. If yours is one of them, is this just bad luck or were you badly advised? There are 11 million endowment policies linked to mortgages in the UK. More than half are predicted to fail to do what they were sold to do - pay off people's mortgages. T

Bish Thanks for that, bugger, its been sent off, ill ring the court monday, may cost me another £35 to correct it. Id best check my true copy to see if i made that damn error in there too. Glenn

I responded to YB thus: "We did not respond to your recent letter regarding your change of defence as we do not want to be involved in your wasting the courts time because: a. We cannot see the relevance of CPR 19.3 to this matter. b. Yorkshire Bank are very aware the account was in joint names & would no doubt exercise the right to pursue either of us as individuals for collections should the situation have ever arisen. Due to this we do not see the logic or justice in insisting any claim against yourselves be in joint names. c. Should you persist in this futile attempt to stall proceedings form N244 will be submitted to

This User Guide is Now Out Of Date Click Here For The New Version Click Here For Bank Contact Addresses etc MANY THANKS RDM2006 (AKA Givitus Allback)

DCA's are in business to make a profit, what they buy the debt for makes us feel they shouldn't get full whack but to be honest it's non of our business ( and I am no lover of DCA's believe me) that is down to the banks bad negotiating and the DCA's good fortune. They probably only pay about 7-12% of the face value but that's just good business. We can use that knowledge best by negotiating full and final settlements knowing that as long as they pick up a relatively reasonable profit they will do a deal.Whatever it ends up as it'll be less than you owed in the first place so there's the benefit. They love the £5 or £10 a month merchants and t