Right just a quick update. Cobbets had "forgotten" to include the AQ fee and some interest in the cheque they had issued to us.Well that has now arrived aswell so the saga is now well and truly over. So I'm now off on a nice 2 week holiday and cant wait. Again thank you so much to all of you who helped or simply were there with a kind word along the way. THANX !!! Right then with that take care and talk soon!!! All the best Trish xxx

Hi David, I received PM's from you and Tomterm8 earlier today, as I understand you have been issued with a Court claim. First of all don't panic, you are at the very start of this situation and just because a claim has been issued against you, doesn't mean there is a debt that is enforceable! When the Court issues a claim, they allow 5 days before they deem you have received it. You then have 14 days to file (submit) what is known as an Acknowledgement of Service,(AoS) which essentially is you saying you have received the claim and acknowledge the fact. You can at that stage also, admit the debt, which in my opinion you shouldn't, u

CONGRATULATIONS SANDRA!!! :grin: :grin: :grin: ANOTHER LONG BATTLE WITH A GREAT RESULT. ENJOY THE DOSH AND BEST OF LUCK WITH YOUR OTHER CLAIMS!!!

WELL DONE !!!!!! happy spending trish, huge congratulations!! xxx

After reading the article on MSE I've decided to try and reclaim charges made by Yorkshire Bank. Four years ago my partner and I split up, leaving me with 2 kids, a mortgage and only one wage coming in. Slowly, I started getting further and further behind and obviously bills still had to be paid [most of which were via DD]. I had an overdraft on my account, but this was regularly being eaten into, and on occasions I went slightly over and was being charged £8 a day and between £20 and £25 for them having the 'courtesy' of informing me. Each month my wage had a big chunk taken out of it to clear the charges and it became a never ending

Firstly, the spreadsheet I used was mindzai's which you can find by looking at his profile page - there should be a link to the spreadsheet there. Over the years, when I received my statements, along with it came an extra page outlining my monthly charge for the previous month. This was made up of my arranged charge(s) - in my case Royalties (I know, I'm foolish...). On top of this however, there would generally be other charges. If I had had a bad month and gone overdrawn, there would be an arrangement fee added to this charge of £28 (or sometimes more). It would then tell me that the sum would be debited from my bank on a certain date

Didn't really want to poke the bear on this one without a valid reason, but heck... They called, so here we go! It's only £1k, payments uptodate and The Bear is seeking a £1/month increase in payment. 05/03/07 - CCA request sent... (by Rec/Del). Watch this space! Will post scans of letters soon! -diskmandave-

National Debtline England & Wales | Debt Advice | Factsheet 30 Student Debt Well worth a read folks.

Yes to Gresham St and to claim interest £176.54 as total

Paul try ringing cobbetts and tell them u will enter judgement unless they give u a reason not to.........ie a cheque is on the way....... if a cheque isn't on the way ask them why haven't they filed the defence within the permitted timescale..threaten them with judgement and see what happens...... i would expect they will be rather embarrased as they have probably forgotten to file the defence, give them 24 hours to pay u in full or u will enter judgement........see what they say........... Good luck scott

Interesting stuff, would love to be able to put something like that to them They never acknowledged the agreement request made in December, in fact they only wrote once to me demanding the full amount and took it to court within a couple of weeks They banked the £1-00 and that was the last I heard of my agreement request until I got all their evidence sent to the court yesterday As you say they are either chancing their arm hoping I will pay before the hearing or they really believe they can win without one In which case I suppose that could make this thread quite important

Yeppo, the hardest part in all this claiming thing is the waiting. Dont be too rushed into everything, sit back, enjoy the ride, and what you learn from this process along the way. You grow in confidence by the day, so let the wait just wash over you. The money will be yours again, but just try and be patient, it will go at the pace it needs to for you to get a satisfactory ending to this............ All the best.......... but just wait, and your patience will be justly rewarded. Fendy xxx

Good Evening, If both Hillesden and Ruthbridge are stating that Welcome Finance is their client, or, that they act on behalf of them, the following is probable; Ruthbridge act on behalf of Hillesden Securities (not Welcome Finance)..in their correspondence however, they want you to understand what and who the debt refers to, so rather than taking the time to make things clear (simply not in their remit), they make it look as though Welcome are in fact their client...they are not. It is my guess, knowing Hillesden as well as i do, that they, as a company are ok with Ruthbridge doing this and if DLC (Hillesden) are stating that Welcome

It depends whether they could reasonably assume the pain was due to the hip or a fault. My hubby's gran had a hip replacement about the same time as you and is having similar problems. She's considereing having another op and they have now scanned her - but they did go down the route of physio etc. before that as, unfortunately, hip replacements can sometimes take a long time to settle for some people. It also depends on whether people do tehir exercises etc. afterwards too. You may just ahve been unfortunate, I'm afarid, rather than the hospital being negligent. What you have described is very rare to happen - could the hospital ha

Hi all, I have sent the letters today one to GPB and the other to Head Office Intrum Justitia proving my Identity & I amended my original SAR. We shall see what sh** they come back with this time:rolleyes: I will of course be keeping this thread totally updated....GPB are usually quite quick to reply....the SAR will probably go the full 40 days before they respond if at all...

Yes but contract law allows for the actual proven financial loss to be awarded in the case of breach of contract, not compensation per se - this is at a judges discretion and is not set in law.

Here's the code of conduct debt collectors are supposed to abide by I've highlighted the ones I think are most important to quote to a debt collector Association of Debt Collectors sparkie1723 3) Debt Collection & Default Guidelines The following list of guidelines is intended as an indication of procedures to be adopted by members. It is not intended as an exhaustive directive to members. Moreover the effectiveness of collection techniques and procedures depends on the circumstances applying at the time collection is attempted and so cannot be regulated in an absolute manner. Nevertheless, the Associati

At the time when I started the cases it was costing me a fortune in court fees but now they are all coming to conclusion at a similar time it is great. I have 2 large s32 claim in June so preping for them at the moment, Clydesdale and HBOS. I do need to be careful when I have to go to court and not act too cocky, as I guess Mr Judge may not take too kindly to that. All I have on my credit file now are 4 defaults for Cabot (1 is still in BOS name) and 2 others from BOS. None of which have agreements that are legible so it should only be a matter of time. Then I can get on with living again...oh and helping others on the sit

They will try anything to put you off making this claim. Continue with your claim and stick to your own timetable regardless of what they write to you. You cannot claim a charge before it has been levied and yes, you may close your account and make your claim in the usual way.

its just scare tactics, youve sent them the CCA and have the proof its been signed for. let the clock tick, they would be foolish to take it to court while its in dispute because no court in the land would have it! relax.

Hi Jane.. You need to wait the 14 days before filing in court whether they reply before then or not... with regard to the N1 form I filled mine out on the pc then printed the 3 copies needed off.. was easier than writing it out.. and if you go to the bank templates library.. Particulars of claim N1 hard copy version on here it gives you all the information you need to put in the form Hope this helps Julie

Welcome Tony Please find your banks forum and start a thread; (your name) V (banks name) Other members with experience of your bank can offer informed advice. use the template letters in order. Stick to the timetable in there. please take time to read the faq's LINKS.... At a glance guide to claiming..... FAQs.... Templates Library.... If you have charges going back further than six years read in here; Claiming beyond 6 yrs - important new information!!! There is also live chat, visit if you need any quick advice. http://www.consumeractiongroup.c o..../flashchat.php Finally good Luck. PPMAN If this

I would add in a bit about them not supplying any other documentation as per your CCA request, including any statements of account, as they would obviously need to rely on something like that in order to prove in the absence of an agreement that any debt might have existed. And if I was being REALLY picky, I might say that you should really use the same form of providing a date throughout a document. ie if using day/month/year, continue to do so. Although my preference is to put it in the form of "on 2 May 2007". I'm off to pedant's corner now.

Regards to All

Fee's are allowable , stuff HSBC are allowed to charge you for, penalty charges are what we claim and we belive they are unlawful. Having said that HSBC will call anything a fee whatever it is, a charge of £115 for returning a cheque is a penalty charge without doubt. have a look at this thread http://www.consumeractiongroup.co.uk/forum/hsbc-bank/15518-charges-description-statements-please.html Its your claim, your the only one who knows how much you need the money and you have to weigh that against how much you hate HSBC. Cash in hand now or nail them later. pete

Hi Chris. If the bank has offered the full amount, you must accept it, because if you refuse it then any court claim will almost certainly be thrown out. The bank cannot obtain the legal right to make unlawful charges because of your signature on a piece of paper...... penalty charges will STILL be unlawful. The bank do not have the authority to make laws. Regards, Rooster.

It is now time to start court action These links should be of help http://www.moneyclaim.gov.uk/ http://www.consumeractiongroup.co.uk/forum/bank-templates-library/844-n1-claims-form-pdf.html http://www.consumeractiongroup.co.uk/forum/helpful-external-links/2147-court-fees-do-you.html http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-particulars-claim-hard-copy.html I hope i have been helpful, if so, please click the scales XxXxX

Hey managing director- tell you what- I'll phone you morning, noon and night telling you owe me £8- will you give me £8 to make me go away? Muppet. This site all about standing up up to **** like that.

You are correct. You cannot claim the Royalties fee but it is usually combined with overlimit charges which you can claim, it will appear on about the same date every month as 'chg to ac no- xxxxxxxx' or similar. Referral fees are claimable but I think you will find they are now £30. But take a look at the bank's new T&C where they say that this is now for a service - every time you go overlimit they will charge you a one off fee for extending your overdraft temporarily - what a laugh! Comedians the lot of them! Best of luck. Phil

hi wondered if i could use ur experience? i have sent all said letters to natwest with no reply have used registered post. now have started court proceedings this monday 30th april why have i had no reply what so ever also im thinking of getting a company to see to court thing as i havent a clue really or the time can u recommend anyone thanx dilud 23

Update: Clap hands: Lloyds have agreed to refund charges in full. All those on benefits should contact their MP, I am sure that this result is of a visit to Lloyds from him. Thanks for all the help and just hope everyone else gets the same result.

Regardless of their times if they aint got it they aint got it.

Hi Dynamite Din, Welcome to the forum. If I was in the same position I would firstly inform them of your change of name. Take a copy of your certificates into branch and let them know.Then start the process of reclaiming the charges. use the template letters in order. Stick to the timetable in there. please take time to read the faq's LINKS.... http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/71112-glance-guide-claiming.html FAQs.... Templates Library.... If you have charges going back further than six years read in here; http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html

Hi berty, Welcome to the forum. As the distinguished old gent above says, no problem with your letter going to the local branch. It will find its way to the correct dept. As for the other query as to have any claims failed or been quashed, None that are genuine claims, as long as all of your paperwork is in order you have no problem. Please follow this link to your banks forum and start a thread; http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=11 Title your post, berty bassett V Lloyds Tsb Other members with experiance of your bank can offer informed advice. use the template letters in order. Stick to

Send them a letter (recorded this time), starting with (in capital letters) "this account is now in dispute. Tell them they have not complied with the CCA request, and that no payments will be made until they have complied fully with the CCA request. Tell them they have received this, what date they cashed the cheque on. Then inform them they have 30 days (from the end of the 12 days ) to comply. See how that goes. Don't bother ringing them, they talk rubbish.

They can take it for payment if they like - it doesn't absolve them from providing the documents. Now allow them another 30 calendar days - the account is now in default and if they fail to provide the CCA within this time, they ahve committed an offence.

How can anyone second guess what the bank are going to do? No bank can at present (IMO) afford to allow a test case to go through as it could be the end for banks as we know it . Their only option is to apply for your case to be struck out it would seem and that could only happen if you've been a numpty and have ballsed up your claim either by being vexaciuos and claiming things you are not entitled to or by generally getting your figures wrong. If however, you've done things by the book, don't panic, it won't be long before they fold and offer you the full whack.....or close to it.

FANTASTIC NEWS. FROM RECEIVING COURT DATE TO RECEIVING CHEQUE IT WAS 21 DAYS. NOT BAD............. NOT BAD AT ALL. WELL DONE. IM SOOOOOOOOO DELIGHTED FOR YOU. Fendy xxxx

thank you so much , the letters is in a envlope il send it first class recored today:)

Hi Firstly, many thanks for the rep points I have received today! There is much debate about whether an application form can be classes as an 'agreement' but the bottom line is that ANY document that contains ALL of the prescribed terms and the debtors signature will be potentially enforceable, depending on how many other errors there are in it. Please check your documents VERY carefully as these terms are often in the small print. If what you have received is an application form, and if you are certain that the 'prescribed terms' (above) are not ALL present then my advice is to send them the following: Thank you for the

Sorry to be a MOANY so and so But could we keep this thread on Topic with Legal arguments and Angles for claiming Authorised/unauthorised CI please by all means link to your claim if you think there is something relevent in it but please dont start discussing it in here it is what has happened in other threads in regards CI hence this thread to try and make it easier to see the different angles to approach it from

It is an offence to dishonestly retain a wrongful transfer. It doesn't matter whether you dishonestly otained it or not. You know this money isn't yours, and the person who mistyped the Iban or Swiftbic number is a bank clerk and not the person whose money has gone missing. That person might have been left destitute by the sudden disappearance of that money. It might be their inheritance, or the money they need for their new house. Fundamentally, the legalities of it don't really matter. It's not yours, and someone somewhere is missing it. Personally, I'd go down to my bank and not leave until it was sorted.

Dear Trading Standards, I am writing to complain about Robinson Way. To date, they have failed to comply with my request to a game of "who blinks first on the Town Hall steps has to show their ar*e!", with the whole membership of the CAG watching ! I therefore wish to make a formal complaint and would urge you to take action for their full compliance with this request, instead of continually sending out the same old, boring, repetitive, pleading, yeah-but... no-but, begging letters asking for money. Please take note that... until such times as can I see them blink and show their ar*es on the Town Hall steps, no payments will

Always nice to read about someone getting their money back from the Nasty Vest gang. Well done

I have replied to your PM cankster. Its okay .... and apologies to you too for going OTT:rolleyes: . I wish you good luck with your future claims. Sorry Milly XX

Not quite 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: The Court Manager, Money Claim Online 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 of the County Court Act. The interest in addition to the amount in charges equates to the total amoun

Ok. Your post is not very clear as to what stage you are at. Have you worked out your charges and sent a prelim letter? If so, the 14 days start from when they received/signed for the letter. Whatever they have said in their letter about when they can look at your complaint, does not exclude them from your timetable. Once the 14 days are up, issue the Letter Before Action and then onto your court claim. Barclays are paying up the same as all other banks, but they will have to be dragged, kicking and screaming all the way. Stick to your timetable.

Hi Bernard, Yes you can claim any penalty charge back. The procedure in N. Ireland is the same as England. Maximum value of claim for small claims is different. I think that i may be £3000 but not sure. Spend a few days reading the FAQs and the step by step guide. That will explain a lot to you. Good luck with your claim. Regards, Rooster.

Responded With: Dear Madam, Thank you for your correspondence of the 14th September 2006. I am somewhat confused as to how you can allege you were not aware of my current address given I have written confirmation contradicting that statement from 'Mackenzie Hall' who state you were notified in July 2006 when my original CCA request was submitted. I also note that your "normal procedures" do not correlate with a legal right to shun your duties under the legislation irrespective of whether you are the original creditor or not. I have previously told you on numerous occasions that I have no credit agreement or account

Hi Rinne, I have been using the following as my particulars of claim: Claimant has account (A/C No) with Defendant from (Date)conducted on their standard terms and conditions. Claimant is claiming the return of money taken by Defendant in charges over 6 years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e. In the event that the charges are not a penalty they are unreasonable within the meaning of the Suppl