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  1. GETTING MCOL RIGHT If you have a choice, it is always preferable to file using N1 at your local court. The two main disadvantages with MCOL are that your Particulars of Claim are limited to just 1080 characters with a maximum of 24 lines and you cannot attach the schedule of charges to your claim. Both these drawbacks can create problems later on. The banks use these limitations of MCOL to assert, with some justification, that the claim has not been fully particularised. Therefore I would strongly advise you to file at your local court. It will be transferred here eventually anyway. OFT TEST CASE: Following the announcement by the OFT, as from August 13th, all bank charge claims filed at MCOL are being automatically stayed. Therefore it is advisable only to file a claim using N1 at your local court You can download N1 here: N1 Claims form in .PDF format with form filling and POC's for the N1 here: 4. Particulars of claim - N1 - hard copy version Even these POC's are sometimes rejected by judges, so if you are filing at your local court, you may want to consider using a fuller version. See here New POC's: There are now new comprehensive Particulars of Claim written by a QC specifically for the following banks: Abbey A&L Barclays Co-op Halifax HSBC Lloyds Natwest Royal Bank of Scotland Yorkshire See here: http://www.consumeractiongroup.c o....lates-library/ If you are on benefits, you may be eligible for exemption from court fees. You can only apply for this at your local court using form Ex160. Claiming via MCOL If you register at MCOL you can fill in the claim forms in advance (all fairly straightforward). At any time you can save what you've done. Each time you complete a page, it is automatically saved and there is a ‘Save’ button on each page. You can then ask about anything you're unsure of on your thread. When you log on again, you can delete or amend anything if necessary and carry on. Your claim isn't filed until you hit the final 'Submit' button and pay the court fee. Any part filled claim form is saved for 28 days. This means that you can prepare the claim for filing several days in advance, taking your time to make sure you get it right. First read the Money Claim On-line guide here: Her Majesty's Courts Service This is where you start your claim: https://www.moneyclaim.gov.uk/csmco2/index.jsp 1.On the Home Page click on ‘I am a new claimant’. On subsequent visits click on ‘I am an existing claimant’ 2. On the next two pages are information and instructions, including how to save and print out a copy of your claim, which you should read carefully. Don’t be tempted to skip these. 3.Fill in the ‘Log In Registration Details’. Before you do anything else, make a note of these. You will need your Customer ID and Password to log on in future. 4. Optional Registration Details: All these are, well, optional. 5. Registration Confirmation of your Customer ID. 6. Log on with your Customer ID and Password. (You did note these, didn’t you?) 7. Claim Menu: Click on ‘ Start a New Claim’. On subsequent visits click on ‘Continue with an existing claim’ (1) Claim Notes: Again read these carefully (2) Claim Description: Enter any title you like for your claim e.g. ‘Natwest Penalty Charges’ (3) Claimant Details: Your name and address NB Scottish Claimants: If you are filing a claim on MCOL and your registered address is in Scotland you must put the Scottish address in the first "Address Details" field. In the next field entitled "Service Address for sending documents and payments" field you must then place an address in England or Wales. If you simply place the English address in the main address details section the bank's defence will suggest they do not recognise you. (4) Defendant Details: The bank’s name and address of their registered office. You may be asked to confirm the post code by clicking on ‘Look Up’ and confirming their address (5) Claim Details: Type in your Particulars of Claim. See here: 5. Money Claim On-Line (MCOL) Particulars of Claim Click No to Human Rights and Yes to claiming interest. If you have already included the s69 paragraph in your POC’s, you can ignore the pop-up. Otherwise enter this now and fill in the first and last dates of your charges and the s69 8% interest total. If you have difficulty fitting the POC’s in, try taking out any spaces, punctuation and carriage returns. Do not be tempted to remove any wording. If all else fails, file using N1. Amount claimed: Enter the total of your claim, charges and interest. Press ‘Calculate’ for the correct court fee. Now save your claim. Your claim is ready to submit but first go back and double check everything. For instance make sure you have entered yourself as Claimant and the bank as Defendant. Ensure that your a/c no, dates and figures are correct. Then proof read the entire claim for typos. (6) The next pages are payment details. You can either pay by Mastercard/Visa credit card or Solo/Switch/Visa Delta debit card. Maestro or Visa Electron is not accepted Cancelling A Claim If you pressed submit in error and your claim has gone through, you can stop it by contacting MCOL by fax or email before 10am the next woorking day. You must quote your claim number, name and address, who your refund should be made payable to, and the reason why. Your claim will be withdrawn and a refund sent out by payable order. Where MCOL receive notification too late, the claim will be issued and the fee cannot be refunded After You Have Issued Your Claim Your POC's state that you will be supplying a schedule of charges, but MCOL does not allow you to attach it to your claim at the time of filing. So, once you have filed your claim, you need to send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to: Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim. Their name and address will be on page 2. MCOL Customer Help Desk The Customer Help Desk can be contacted for support between 9:00am to 5:00pm, Monday to Friday on: Tel : 0845-601 5935 Fax : 0845-601 5889 If you prefer to write your query instead, please contact: Money Claim Online Northampton County Court 21-27 St. Katharine's Street Northampton NN1 2LH or e-mail to [email protected] Finally PM a Mod with details of your claim for the Litigation in Progress forum: Your name v Bank Name Claim number: XXXXXX Issued: xx/xx/xx Court: MCOLor XXXX County Court Charges: £XXXX Interest: £XXX Costs: £XXX Total Claim: £XXXXX MCOL Claim Timetable: Once you file your claim, you will see this: Status: Requested Your claim has been submitted to the court for final validation before being issued. Then, usually a day later, it reverts to this: Status: Issued Your claim request has been accepted. The Defendant has 14 days from the date they are served with the claim, to reply. The court will send you a “Notice of Issue”. The deemed date of service will be on the Notice of Issue sent to you by the court. The court allows five days for the claim to be deemed served, even if the bank acknowledges before the five days are over. If the bank does not reply within the 14 days after the claim was deemed served, you can enter judgment by default. Status: Acknowledged If the bank acknowledges at any time within those 14 days, they now have 28 days from the date of service of the claim form to file a defence. The court will send you a “Notice that Acknowledgement of Service has been filed”. If the bank don’t defend, you can enter judgment by default after the 28 days are up. If that date falls on a weekend, the court allows one or two extra days for them to respond. You will know if you are too early, as the system will simply not allow you to enter any judgment before the time is up. Status: Defence If the bank defends before the 28 days are up, you cannot enter judgment or do anything else online anymore. The court will send you a “Notice of Defence”. If the bank is just biding time before they send you a cheque (and have told you so in a letter already), you might be sent a “Notice of Defence that Amount Claimed Has Been Paid”. You have to tick the box whether you wish to proceed with the claim or not. Wait until you have the money in your account, then send the form back. You are given a month to do so. If the bank defends with the purpose to go to court, you will be sent an Allocation Questionnaire which you have to fill in and send back to the court. A court date will then be set which you are required to attend. The bank will either settle with you in any way before the court date, or they will not turn up on the day and you will win by default. All timescales are calendar days, should the due date fall on a weekend/ bank holiday, they have until the next working day. ***31st MARCH: NEW AQ PROCEDURE BY MCOL*** MCOL have started to issue Orders dispensing with the AQ. See here: http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html PLEASE BE AWARE THAT EVEN IF THE AQ IS DISPENSED WITH, THE AQ FEE OF £100 (IF CLAIM OVER £1500) IS STILL PAYABLE (AND RECLAIMABLE FROM THE BANK). The fee is payable within 14 days after the despatch of the notice of allocation to track (County Courts Fees Order 1999 Schedule 1). Credit Reference Agencies: Application Forms http://www.callcredit.co.uk/download/creditfileapp.pdf http://www.experian.co.uk/downloads/consumer/cfa.pdf https://www.econsumer.equifax.co.uk/...ile%209-05.pdf *
  2. We obviously sound like dippy birds, and Rosie must get taken more seriously than we do. And BA is always popping up everywhere helping everyone out. But I would be very happy to get just one more BLOB!!
  3. Hello Steve Before you start please have a thorough read of the FAQs (there’s a Step by Step guide here too). You should print both of these out to refer to, so as to avoid having to ask basic questions later. Our aim is to make you aware of your rights as a consumer, enabling you to fight back against unlawful bank, credit and store card charges. In the website you will find information on how you could get your money back 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. If you find a forum/thread/post of interest, save it in your Favourites, so as you can always find it easily. There’s a lot to take in, but it’s time well spent and will ensure that you succeed in your claim without problems. Remember it’s not a race, don’t rush, just follow the guidelines one step at a time. Take your time and have a good read around this site. Then come and join us in our forum. Here we can guide you every step of the way. Please remember, we are here to help you help your self. When you feel confident that you understand the process and the various stages involved, start a new thread in your bank’s forum and post your progress and any questions there and you’ll get plenty of help. If you any questions please do come to the forum and we will only be too happy to help you! Please also understand that any advice that you receive is normally based on experience and expert advice should be sought if needed. All the info to get you started is here: http://www.consumeractiongroup.co.uk...se-read-these/ There are more links below to assist you get around the site. Good luck Ukaviator
  4. hey there there are thousdands of us onthis site so your not alone ! you might need to send them one of the letters form this section of the site http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html
  5. Hi Dawny best advice is to read up as much as you can, try the faq's and other Loyds threads and keep your thread updated so when you require any help peeps can see the history of your claim, good luck.
  6. Hi Flower, Lets get this sorted. It's exactly what was done to DH & I & ours was removed within 2 weeks. I think the defaults originate from our good friend Lesley ;-) One last attempt to turn the knife. 1st, don't deal with collections, they are an entity all to themselves & don't have a clue what to do with regard to anything other than taking debit card details, means statements etc. so cut them out of the loop completely. Phone cutomer services, just the normal YB call centre number & ask to be put through to Clydesdale Customer Services in Glasgow. Carefully note down who you're speaking to up there & state your case. At the end of the call tell them you'll be emailing a summary of your conversation & re0iterating your expectations. The email addy is [email protected] Here's the email I sent which summarises what was said: "Dear Ms Ferguson, Thank you for dealing with my request via telephone this morning for a default to be investigated on account number ******** (now closed, in the names of *****). Just to confirm our telecon: 1. I explained that I discovered this week a default had been registered against myself & my husband regarding the overdraft remaining on the above account. 2. I explained that on numerous occasions I had spoken & written to your collections department regarding these monies owed. 3. Letters sent (5 in total) regarding the outstanding sum always stated that I was not refusing to pay but I expected you to adhere to the banking code by not instigating collections activities whilst the funds were in dispute. 4. County Court Claim Number ******** is the dispute regarding the claim which was settled out of court. 5. The sum owed on the overdraft should have been settled by now as this was due to be deducted from our settlement payment. 6. I strongly believe that I always behaved in an open, up-front manner with your collections department & they have been aware from the very start about the dispute over the money. I am aware that I can take legal action to ensure this default is removed & will not hesitate to do so should my initial attempt not be successful as I believe you have sent information to 3rd parties that is inaccurate & unfair (a serious breach of the data protection act 1988 ). However, I am hoping we are able to settle this quickly & in a friendly, professional & mutually co-operative manner making such action unnecessary. My desired outcome of this complaint is to have the default removed from both my own & my husbands credit files. I am aware that you are able to make real-time updates to information sent to 3rd parties & so request the removal of this default be completed no later than Wed 8 Nov 06. If the default is not removed with expedience I will suffer the financial penalty of having to take out a car loan at a much higher than normal interest rate & I will seek to be compensated for monies lost, expenses incurred & the distress caused by having this serious derogatory information put on my credit file. Best regards, TC Then.... NAG THEM, do it by phone or email but insist on having an update at least every 2nd day. Here are my nag emails: 1: Hi, Could you please let me know of any developments on this issue? Feel free to contact me by telephone (***** ******) if it is more convenient than email (please be aware telephone conversations are automatically recorded for business purposes & I am unable to disable the software). Regards, TC Response was: Good Morning, I am currently awaiting confirmation of the removal of the entry from the relevant department and will contact by email or phone to confirm when completed. I trust this is acceptable to you. Regards Carol Ferguson 2: Thanks very much Carol, I'm very grateful for the speed you've dealt with this. The other departments actions will be acceptable as long as it's done VERY quickly & the default is removed, not just marked as settled. Could you please let me know the department name that is responsible for the removal for my records? Regards, TC No response recieved in 2 days so I emailed again. 3: Any news yet? I am standing by my Wednesday deadline (tomorrow) & will formally issue a letter before action requesting the immediate removal & compensation if the default has not been removed (not marked as settled) by then. Regards, TC Recieved a telephone call 30 minutes later confirming the default had been removed. Hope this helps hun but you've got all my contact details so just give me a bell or drop me a line if they start to mess you about. TCx
  7. Haliprats (Brill) do drag it out so you are in for the long haul. Good luck and keep us posted. NEVER GIVE UP
  8. thereshope, have a look through these :http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html#post436526
  9. my word, that is shocking.... a clear breach of the administration of justice act. did you do anything about this?
  10. Make sure you go to your bank/bs and tell them about this! I think you'ld be better putting a permenant block on MBNA's DD or they will just come and take it and to hell with you, don't think will they/won't they coz they will! When I was having prob's with MBNA they actually 'phoned my work and asked to speak with my manager and then told him to call me to the office to speak with them! If they do steal £120 from your account don't forget the Direct Debit Guarentee Scheme, but it's best not relying on that as you may incur charges. Block it! The prior advise is spot on, wait 'til they sell it on. I got Wescot down to £10/mo for a £4k debt, they're also one of the next on my hit list! Good luck, regards, Dave.
  11. Our was a £200 credit limit as well and over £700 of charges. Our balance is at £0 now and we don't use the card. In our good will gesture they said they would credit the account but as we don't use the card I am hoping they will send a check (for the full amount though). most of the charges were added just one day before the payments to them cleared as well. so because the payment was just 1 day late, 'that will be £20 please' and oh that took you over your limit so thats another £20 please'. daylight robbery isn't it. Any way Good luck Minimaya Let's get back what we deserve.
  12. Hi Duke If you need any help you are in very good hands with Bigmac You are also only round the corner from me so if you need help let me know , I`m only in Normanton , small world eh? Jules
  13. I will help you through the spreadsheet if you have a problem, use this one http://www.zen122856.zen.co.uk/CompoundSheet_v1.9.xls fill in the apr and click the box right of it. scroll down lhs bottom and click the long green tab click on charges and interest tab and fill in the charges (unpaid items,referral fees etc). Make sure you put the interest charges in every month since your first penalty, if there is no penalty that month just enter it in the interest column (not the penalty column). If you are not in the red when the interest is paid find a day in the month when you were then the interest on the penalties will kick in because it won,t if you are in the black. when you have finished click the daily tab and now you will see the diff ! Leech
  14. HOW TO START YOUR OWN THREAD: You get more specific advice to your own case, and be able to keep a track of how it's going by viewing just one thread instead of skirting around lots of threads trying to find your posts and answers. 1/ Go here. http://www.consumeractiongroup.c o....group-against/ 2/ Find your Bank, click on the bold blue name of Bank 3/ Go to the bit that says "Forum tools" and click on it. 4/ Click Subscribe to Forum. It will ask you how often you want to recieve updates ( daily I found is best) 5/ Then it will redirect you once you've subscribed. 6/ then click on "Forum tools" again, and choose "Post new thread" 7/ Give your thread a title eg: "yourname vs whatever bank", and then make a post. 8/ Then go to the bit at the top of your browser ( the bit that says http etc), and right click your mouse, choose copy, then come back here and post a new reply, and right click you mouse and choose paste to put a link to your thread in there. 9 Then hopefully people will visit and psot/subscribe etc.
  15. Hi I made a help post earlier regarding my offer! The bank manager was very nice but kept going on about going over my overdraft limit. He rang me and repeated again about me going over my overdraft limit and offered me 50% £1,600. I have turned that down and have not heard anything else.. so its a waiting game now. I know from other people who have dealt with the Northern bank that they alway start with a low offer.. So waiting to see what happens now!! Cia
  16. I recieved a letter this morning from Inga Kirkman at the Abbey in London saying that in the interest of Blah ! Blah ! Blah ! the Abbey have decided to settle my claim - - - Hold on its not that good. They are going to pay me £970 which was for a claim for £3,800 . Ms Kirkman has decided that she will just cross out the estimated charges of 5 yrs totaling £2,700 - I know estimated charges are difficult to reclaim as the burden of proof is on the claimant, and therefore there is little hope I would get that amount in court , but I hoped they may a least made me a bigger offer to settle. That Inga Kirkman is fast though !!!! - call me cynical but the letter she sent me today was drafted in advance of my statement claim and still managed to state that my statement claim was withdrawn yesterday and arrive this morning. Now I am just as fast as she is because I knew she was going to do that - dont ask me how - so when I got back from court yesterday, I updated my schedule of charges totaling £3,800 including the estimated charges and sent her a letter inviting her to settle for the full amount , as the court claim was only 2 weeks away. I sent it special delivery - to get there by 9am this morning. I imagine that at the same time I was opening her letter , she was opening mine, what a hoot !!!!!
  17. hello , i have not sent off a LBA as yet as im not sure how to word it , remember i only ever made one payment to them, total amount owed is £429, i`ve worked out that they need to deduct £216 and i will be left to paythem £213 , im very unsure on how to word the LBA , as it states i will take them to a court claiming the full amount , but i can`t really as i still owe them £213 .sorry but its not making any sense to me! can any one adivse further big headache ,
  18. can't answer that question because no-one's ever lost yet!! and i don't suppose they ever will. for you to lose, they would have to join you in court - something that they are not prepared to do.
  19. hi leyh, did the settlement letter they sent to you, there was probably a sentence to the effect that you would not claim again for the period they settled, so i think as you have signed the letter as full and final, you won't be able to take them to court over the same claim - which is what it is. try some more email addresses and see if you get a response - it's so annoying when they don't do what they're supposed to isn't it, but i think they're so snowed under with claims at the moment, they're dealing with the 'further down the line' court stuff. I hope you hear something very soon. emails are [email protected] [email protected] [email protected] [email protected]
  20. There are Rejection letters in the bank templates library. Links below. Tell them to refund all of it or you will take action in the courts if neccesary. Uk
  21. Hi yes you send all 3 N1 forms to the court along with 3 copies of your schedule of charges. the court will then stamp all 3 copies with the county court seal and return one copy to you along with a notice of service stating when the claim is demed served,one to the bank and one copy will be kept by the court regards paul
  22. Automated Number Plate Recognition The 2 cameras provide an image to a computer that 'reads' the registration number and compares it with a database for stolen, untaxed, unMoT'd or simply 'of interest' vehicles.
  23. Fr33jack - i've got a corker of a reply for you. too late tonight, but rest assured, it'll get you on the road to recovery. Till the morning Perseus.
  24. Oh God, my heart goes out to you all. Even more so, because I cannot advise on any sure-fire steps which you could take to remedy this situation. All I know is that you have to act quickly and make a lot of noise in your housing dept as your mum's house can be allocated to other HA tenant. In myopinion plead, write, call, buy flowers and chocolate, see your MP. Tell them that if your mum is not given her home back, she will only be back to the housing dept to present herself as homeless. Do not let them convince you that she would be found "intentionally homeless"- this is where the local authority claims that it was your mum's fault. Do not think that yourself either! Depression is often underestimated in its overwhelming power. Get your mum's GP on your side. Get few days off work, you have a lot of calls and visits to make. Find your councillor's surgery times- go and waive the chequebook. Even if your was evicted legally, there are some circumstances where she can apply to court to be allowed to move back in. However, it is rare for this to happen. Therefore get your mum to see a solicitor. Find one here: The Directory do not forget to tick "LSC Funded Provider" (legal aid). Keep us posted, our fingers are crossed.
  25. Hello and Welcome Shazza. Take some time to read all the F.A.Q.s and step-by-step instructions. Have a look in Barclays Forum, read a few threads then start one yourself. Also look in the Barclays sub forum successes big list of Winners in there. Best wishes with your claim. Regards. Scott.
  26. Hi, my heart bleeds for you. Like Karnevil, I was in this position too. Just to expand Karnevil's reply a little, the CCCS's details are below in full... ---------- Our FREEPHONE helpline is open from 8am to 8pm Monday to Friday If you want to write to us our mailing address is: Consumer Credit Counselling Service Wade House Merrion Centre Leeds LS2 8NG CCCS - Contact Us ---------- Once you have contacted them they will give you a unique reference number which you can quote to your creditors, at which point their attitude will change somewhat. You shouldn't be forcing yourself to make payments that you can't afford leaving yourself with no money. The CCCS will give you a telephone appointment time, and they'll even contact you, in my case I couldn't do it at home and they called me at a friends house. They'll go through all your finances with a toothpick and if things haven't changed since I dealt with them you've got to include a part of your budget for pleasure. Forget your credit rating if it's already screwed, that's not important now! The outcome will be that they will work out a complete budget for you, the worst you'll have to do is stand up to the debt collectors and make it plain that the CCCS are dealing with your finances now. Just promise me two things..... That you'll start to de-stress and start getting some sleep! You're in the right place now, NO-ONE will judge you here, and whenever you need any help you can always come back and ask again. Best Regards, good luck, Dave.
  27. Here is the CCA request letter: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html#post162367 Stop talking to creditors on the 'phone, from now on in writing only, and keep a papertrail. Get a big box with a strong clip from Wilkies (or wherever) and some folders, 1 for each creditor (you get the picture!). Send the CCA request to each creditor by recorded delivery and don't forget to include a chq/po for £1 for each one, build into the CCA template a request for an outstanding balance, amount paid, original balance. Post back with updates Regards, Dave.
  28. ok, here's i would do: 1. ring the court and Tell them you wish to delay the deadline for the court bundle for one week to reach a resolution as you have received an offer and responded to it. They will probably ask for it in writing and then send a note to the court referencing your claim number - let them know you have received an offer and are in touch with DG and expect a resolution very soon and will write to them again when it has been received and ask them then to halt the claim at the point when the money has been received. 2. i'd give it one last ditch effort with this letter (you are saying they are about 100 short and if they haven't specifically mentioned the aq payment, let's send this letter back: you fill in the bits missing: Date DG Solicitors 12 Calthorpe Road Edgbaston Birmingham B15 1QZ Dear Whoever sent the offer Ref: Your Offer of Settlement Account: xxxxxxxx Sort Code xx-xx-xx Claim No: XXXXX in XXXX County Court I acknowledge receipt of your letter dated xx/xx/xx and your settlement offer of £XXX and thank you for it. Unfortunately your offer has failed to include my allocation fee of £100 and therefore I am unable to accept your offer as full and final settlement until you agree to refund this amount. The total amount I wish to be refunded is £XXXX (make this their offer plus £100) As soon as I receive confirmation from you that you agree to this increased figure I will accept the new offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977. I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim of £XXX I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself. If I have not heard from you within 7 calendar days I shall have to proceed with the court deadlines. I look forward to receiving your revised offer Yours Sincerely sound ok to you - i think you'll get it back with the extra hundred quite quickly. if you want to just take it as it is - feel free - this is just an option - but i'd still do number 1 above. don't halt the claim until you receive the money.
  29. Hi mate, Only communication I had from Cetelem was the DPA SAR info, a cheeky feck off letter and 2 cheques once I served a decree on them. Mine too was passed on to Lowell who I managed to totally drop there annoying habit of chasing me for money. I had a very long thread of my battl ewith Cetelem and lowell but had to remove most of it as cetelem indicated to me they had been reading it. Heres whats left of my thread against Lowell... http://www.consumeractiongroup.co.uk/forum/legalities/42022-cca-non-comp-gargoil.html Best idea for dealing with people like Lowell is read as much as you can on this forum so that you can role a lot of th elegislation/rules/laws off th etip of your tongue. I unofficially declar emyself world champion for getting debt collectors to hang up once they have phoned me. I even had one Lowell guy admuit to me he hadn't a clue about any legislation regarding debt collection! Pillock!!! I have several recorded phone calls which would mak einteresting listening if I can ever work out how to host them!! Will
  30. PM it to me and I'll give it a once-over if you'd like.
  31. Yes you must send the schedule to DG even though they are HSBC's in house solicitors, HSBC are not responsible for sending the particulars of your claim, i would post it recorded delivery and also fax a copy to the lovely Debbie D'Aubney on 0121 455 2150. you will also need to post 2 copies to your court - if done by MCOL it will be Northampton county court if handed in it will be whatever court you gave it in at. M ake sure you do both ASAP as DG will try every trick in the book to delay your claim if this has helped please click my scales
  32. S.A.R. all the original creditors, then claim the refund of charges from these accounts with contractual interest to get as much refund as possible. If the refund wipes out the debt you are laughing, if not it reduces it somewhat I have around 10/11 creditors and they will all be getting the same treatment and I have let them know this too! I think what got me really *issed was when barclays/1st credit threatened me with bankruptcy for a £1400 debt Even though the debt is now owned by the DCA, IF YOU PAID ANY/ALL MONIES TO THE ORIGINAL CREDITOR then stick the claim to them. Will post a few threads, am butting in on this one!! **Not sure if I have read your thread wrong! My claims have not yet outweighed the debts, so I haven't actually received any refunds direct, they have come off my debt amounts. but from your perspective, I would claim all the refund from the original creditor, if this is larger than the debt you are laughing. But, if you want it all back bcoz there is no CCA, then I imagine this is a lot tougher to sort.** But certainly, claim from the original creditor, it could outweigh the DCA amount??
  33. PRELIM LETTER & LBA Nationwide Building Society Branch Service Centre Electra House Farnsby Street Swindon SN38 9NQ
  34. you can record any of your telephone calls as long as you are one of the parties. As a private individual you do not have to say you are recording the call.You may not let anyone else listen to the recording without the other persons permission but you may write out a transcript. In my experience it is sometimes worth saying you are recording the call and asking them if they object as the service you then get is unbelievable and they can't do enough for you
  35. fumingmad

    HSBC Direct

    I addition to Harvest comment i had a second lot of statements from FD a week after the first and as i was out when the courier tried to deliver they went to my next door neighbours house and they signed for them. Bit of a security breach there i think. Especially as i had to do a 30 mile round trip to go to the courier's depot to pick the first lot up and i had to produce ID. Same courier company both times. Consistentcy doesn't seem to be around does it? Good luck TINHAT with your claim.
  36. Welcome to the group "standingupformyself", The best way to get feedback on your specific claims is to start your own threads on each claim, by the way. The banks and CC's take varied amounts of time to reply. I am currently pursuing the same 2 companies as yourself - MBNA and Abbey. MBNA responded in time, but incorrectly, and Abbey failed to reply in time so I have sent an LBA (a Letter Before Action) today. If you search for my username, you will find these threads. The 40 days DOES include weekends. Get them sent by recorded post and give it 40 days from when they are recieved. You can check the recorded post receipt via the Royal Mail website, where there is a tool for checking the recorded delivery code and finding out when they were signed for. It can be a bit daunting but as you go through the process, with all the great help available on here, you will feel empowered - AND YOU WILL WIN!! All the best with it anyway. I'll keep my eyes open for a progress report from you. If you check my threads, you will find out how I get on with MBNA and Abbey also. keep fighting the good fight!!
  37. It's true - let them take as long as they want to investigate - you raise your claim in your own timetable...and they may realise that their investigation is a waste of time...they will be refunding you anyway...good luck.
  38. harvest

    HSBC Direct

    Hi Tinhat To answer your questions. 1. The 40 days are from the date they received the letter (if you sent if special delivery or signed for you can count this from the day after you posted it. 2. I received my statements by courier within 7 days. 3 Weeks later I received them by courier (again). 3. You do have to sign for them (I don't think it can be someone else but might depend on the courier service). If you're out they'll leave instructions for you to collect them from the courier's depot or a mutually convenient time for them to re-deliver the parcel. I had to show ID to the courier that delivered my statements to prove I was the addressee on the envelope. Hope this helps
  39. If you are ready to file you can do it one of two ways: 1) Using an N1 form and dropping it in to your local county court, see here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/844-n1-claims-form-pdf.html for N1 with form filling or hear for a hard copy: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html 2) You may want to use MCOL (money claim online) see here: https://www.moneyclaim.gov.uk/csmco2/index.jsp You will need to add a POC or particulars of claim however if you use MCOL there is limited space so you will need to use this: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html Hope that helps for starters Tanz
  40. A complaint to: Information Commissioner's Office Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF Remember to include copies of all correspondence with Barclaysharks. Also the letter in the templates library ought to focus their minds. All the best, Paul
  41. They have paid up!!! I think I have got 7.75% contractual interest compounded. I claimed £4949.90 and they have paid in £4962. After all the complicated arguments about unauthorised contractual interest, I am not going to go back for more. I don't understand all the arguments and I'm not about to look a gift horse in the mouth. Please can a mod transfer this to the "I've WON!!" thread. DelightedDollyDayDream. :D
  42. If you claimed the interest on your claim form, you should insist on it in settlement - the cheeky beggers are trying it on. Tell them you won't withdraw your claim untill you receive a full settlement.
  43. hi brok i sent mine to pipers way, swindon. that was fine recieved statemens ok. go to FAQ and you will find all info you will need. there is also a thread with names and addresses. remember when you send make sure its by recorded, then you can go onto royal mail website and see if your letter has been delivered and the signature of who recieved it. good luck on getting back what is rightfully yours! if i have been of any help please add to my reputation points by clicking middle icon on bottom left side. thank you
  44. No Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy of your schedule to the bank’s solicitors, since they are the ones who will now be dealing with your claim Dear Sir, (Your Name) -v- (Bank) Claim No: ******** Date Issued: xx/xx/xx Please find enclosed a copy of my schedule of charges relating to the above claim. Yours sincerely, PM a Mod with details
  45. Hi Ste, The N1 is a paper Court Claim, while the MCOL is Money Claim Online, so they are one and the same thing. Once your claim is served then a Judge has to decide which Court Track your case should follow. If your claim is less than 5K then it goes to the Small Claims Court, but above that figure then it can (but not always)go on the Fast Track. The essential difference for you is that in the Fast Track you can be liable for costs up to a maximum of 750 pounds depending on the value of your claim. The advantage for you is twofold. One, you can claim costs which you can't in the SC, and a previous poster on here won 49 hours of prparation time at 9.25 per hour. Two, the Fast Track gives the Court more powers to force disclosure so the Banks like it even less.
  46. Hi Amanda If you have already replied to an offer and it was not suitable go ahead with your court action. AL:)
  47. Good Luck Amanda. I sent my SAR letter on the 8th of Feb. so now I've just got to wait 40 days to see how much they owe me....I have no idea how much it is, but every penny back would be nice!!
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