I have an overdraft with Barclays. In short the account has been closed and i have had to return my debit card and cheque book (how ashamed i feel about that). The account is mainly charges, i need to check the amount, but obviously i cannot claim at the moment. I have written to Barclays asking them to cease the 'Additions Plus' status of the account, as this is costing me 15.00 per month. They have ignored this request. I have asked them to cease adding interest. Thye have ignored this too. They've added just under 40.00 this month. I've written 2 or 3 times offering a repayment figure each month which they refused.

It was part of the agreement between the FSA/OFT and the banks that although current claims would be "stayed" that "hardship " cases would be filtered through. If you feel that SINCE THE WAIVER you have 1) appealed against a stay on this basis and been refused (Just to clarify, the courts have a right to stay any case but banks should not apply for a stay in cases of hardship.) 2) contacted your bank and asked to be considered on this basis and been refused 3) had been offered a settlement which has now been retracted Then if you would be willing to either pm me or post details here I am trying to help crfx collect

This is a point that needs strengthening for anyone who is taking a case to court - or defending a case at court. The Judges in fairness cannot be all things to all people and be expected to have "knowledge" on every case matter. I would recommend anyone take along some form of skeleton argument or a list of short bullet points to help yourself along in the hearing. This will please any Judge as they will see you are researched and prepared to place your argument in a strategic manner etc.. Your points will include points you want to stress throughout the hearing and will give a focus to the areas you want to address primarily.

I know, I can imagine just how worried you've been. Imagine, being ignored (or worse) by a hippy! :o Happy fairy cakes!

Hold the SAR until/IF the DCA's come back with a completely enforceable agreement. Then SAR the original creditor and reclaim ALL charges.

Hi Hope, Just call me slick and stop giggling!! LoL I regretted using this name the first day I used this site but it was too late then. First thing is contact your branch to complain about Add'n Fees being added to the closed or dormant a/c. Tell them you dont remember opting for Add'ns and want the fees refunded. Tell them to stop adding Fees monthly. See where this gets you - you may have to take up complaint in writing but no harm in trying this now and others HAVE had some success with Add'ns Fees refunds. You need to start your bank claim now, regardless of fact that case will be stayed sometime. Get your state'

Thank you all very much for the support and good wishes, it is very difficult to fight "casper the friendly ghost" but I am going to do my best....... I have a few Gary Owen's up my selve........as DG have never thrown a straight ball into the lineout yet why should they start now!!!! my hearing is at 12pm as you know and is for 20 mins, now it does depend on the Barrister if they ask for a "time out" to confer with their client!!!! all things being equal would hope to be back home by 1.30 latest..... will then make a nice cup of tea and come and sit down here and give you a blow by blow account of my little outing......... I d

Have you printed off the documents in here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html and these, http://www.consumeractiongroup.co.uk/forum/helpful-external-links/44049-competition-commission-essential-report.html#post349757 http://www.consumeractiongroup.co.uk/forum/cuttings-soundfiles-library/118-peter-mcnamara-bbc-radio.html http://www.consumeraction.org.au/downloads/DL29.pdf BBC NEWS | Business | The Money Programme bank commission with all correspondence between you and the bank, excluding any marked without privilege. statements etc, this is the bare m

I share ODC's thoughts that this isn't the last you've heard from these t****. My exsperience is that once someone shows and interest in a letter they send out they home in on that address and will not believe they haven't got the right person. Fender seems to have got one over on MackHall for the moment and if I were you I would write to them, by recorded delivery of course, and insist they confirm that the matter, as far as you are concerned is over. Tell them you require confimation of this within 7 days. Tell them that failure to do so will result in a complaint being made to the Financial Ombudsman and the Information Commissioner.

The initial process is the same, viz: 1. S.A.R - (Subject Access Request) 2. Prelim Letter 3. LBA 4. Court Claim It is just different after 4. as claims generally get stayed. Have a refresh with these.

The failure to provide a properly executed consumer credit agreement was considered in Wilson v First County Trust Ltd, [2003] UKHL 40 which it was held that an improperly executed agreement was unenforceable regardless of prior acknowledgment. I respectfully remind the Court that this is a decision of the House of Lords and is therefore binding on this court.

Lowells are not noted for their discretion. However, you seem to have handled things well thus far. carry on as you suggest with TS, but if you get another telephone call I would suggest stating ( not asking) stating that you require them to put everything in writing and to make NO MORE telephone calls as is your right under the Communications Act 2003 to request. If they choose to phone you'll report them to TS and the Police. There is a letter in the Templates Library regarding Harassment if they continue which should stop them. If they do not accept they made a mistake better to get the procedures in place asap as they are not as I sa

This is my 1000th post !! ....... I need to get out more !! :o

gvd, I have requested for someone clued up in Scottish law to take a look as it may be very different up there. Hopefully they won't be too long. Best wishes, Seq

Well I've written a letter today (and the same one to Sainsbury's who are also being stubborn) telling them i'm continuing to make payments as a gesture of goodwill, that they continue to be in default, that I have reported them to TS and the Ombudsman (even though I've still to do that bit!), I'll probably have a few more letters from Mercers, but I will just CCA them if they send anything else and await another copy of my application form! I can be just as stubborn as they can, I'm sure as somebody mentioned above that Barclaycard think all their customers are stupid, well this one isn't! I'll keep this thread updated as when I receive an

If you cant afford the £100 then dont pay it, file an N1 and the DCA's wont touch you, pay back a token payment (£10) and tell them that this is all you can afford, they are not allowed to default you while the account is in dispute and your Particulars of Claim should request the removal of any default.

Also if you are in a DMP the creditors should ALL be dealing with PayPlan. Under OFT debt collection guidance they cannot refuse to deal with an appointed 3rd party. If they are harrassing you they commit a criminal offence. Rather than offering F & F which will potentially mess up arrangements with other creditors I would strongly suggest complaining to them in writing then taking it up via trading standards / OFT. The problem is you are basically reacting to their bullying tactics rather than dealing with the situation as a whole ie whoever shouts the loudest at you is going to get the most money. I realise I'm not in your position

It might be worth checking the agreement as some HP agreements have a clause which states that if you were to go bankrupt the item has to returned to the lender. As the agreement is in joint names you could check with the OR/Trustee to allow your partner to take over sole liability for the car and the payments.

Hi Rory! Just thought I'd post here as there are some useful links in my sig that may help Ammani! .

I think you should ask for a full breakdown of what you have paid so far. If you send an S.A.R - (Subject Access Request) with £10 for their processing fee, this should reveal what you need. Go through every item charged over the last 6 years, then do a spreadsheet listing all of your PPI payments. Keep us posted here for further help. There are some links below to help you. There is one for the SAR also. Uk

Feistee you may find the following thread of interest http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/80311-l-regret-unable-supply.html

Everything crossed indeed for you. Which court is this?

quote from debtmouse 's original "........He further advised to get a remortgage of an additional £90k and pay off all my debtors in full. At this point I gave up, they obviously do not live in the real world and have never been in debt...." How can you get a remortgage if you have sold your property?

PMSL at that one - nuke em - my 'local' debt is reducing on a daily basis as the failures to produce CCAs for irresponsible lending, unlawful charges and interest melt into obscurity:D. I have a spreadsheet to prove it!

If she was made bankrupt in 11/01, I'm sure you're right - the preceding payments would likely not have been made. It's October now, anyway. Limitations act gives a 5-year period in Scotland, I believe. Not sure about this one... Joint application, one party bankrupt... I'd think they have the right to pursue you for the debt, but not sure whether it's enforceable. Any Scots Law experts there? Rory? EDIT: Forgot to say: obviously you shouldn't acknowledge the letter until you know where you stand, and on NO ACCOUNT do you (or your Mum!) EVER EVER EVER SPEAK TO THEM ON THE PHONE!

This is not as straightforward as it appears to be on the surface. Firstly, the tenant cannot end the tenancy during the fixed term, unless: 1. The tenancy agreement contains a "break clause", i.e. a provision expressly authorising the tenant to give notice ending the tenancy during that fixed term (the initial six months); or 2. By a surrender of the tenancy, with the landlord's agreement. Thus a fixed term tenancy can't be terminated by the tenants unless the agreement allows this or the landlord agrees. If the tenancy does not allow this and the landlord does not agree to a termination, the tenants remain bound by th

Fingers, toes and everything crossed for you;)

Try something on the lines of: Dear District Judge xxxxxx Claim no xxxxx I note my claim has been listed for a hearing to decide whether to issue a stay on xx/xx/xxxx. I would like to respectfully point out that my claim is in respect of Charges applied to my mortgage account. My claim is not concerning the recovery of overdraft charges on a current bank account. This claim is therefore not effected by the outcome to the OFT test case and should be allowed to proceed to its natural conclusion through the courts. Mortgage charges differ to current account overdraft charges, insofar as there is a clear breach of cont

The clerk is wrong. The affidavit can be sworn at the county court for free, if you go to a solicitor they charge you £5 plus £2 for the exhibit.

A joint tenancy is ended by ANY ONE of the tenants giving notice. The tenancy has ended and a new one began, no question.

Its a difficult situation, if tenant 3 is not letting the agents in to access the property to see if there is any deductions from deposit etc, then I can partially understand where they are coming from, however quite a number of months have now past and the issue with tenant 3 is an issue for the letting agents not tenants 1 and 2 that have left the property. The letting agents have been negligent in their duties here. What should have happened when it became apparent that tenant 3 hadnt moved is the letting agents should have taken action to remove them through the courts, as this hasnt occured I would suggest that a new AST has been c

..... I wonder what it could be

If they don't supply the info then you can't counterclaim, but then again you don't really have to. If they don't supply the info one of two things will happen 1. they will be given an extension to supply it, or 2. the case will be thrown out.

If you have had a judgement for claimant which you can't pay you can apply within 14 days for redetermination of the judgement ( if the original determination was made without a hearing ). This is a free application & can be done via letter or form N244 ( letter usually better as N244 with no fee sometimes confuses the court ). It basically asks the court to look at your circumstances again & reconsider the original judgement. As Rory32 says, if you can give us a bit more detail someone can advise further. I have pasted basic process on redetermination below just in case: Obviously send recorded delivery & keep a copy Th

Hi Tawnyowl. I am not able to personally offer you any help with this, but I see the urgency. I have posted a link to your thread on another forum, which usually has some very knowledgable people on there. I hope you get the help you need. I will come back and check on this thread tomorrow. Best wishes Standing xxx

Ok, maybe we should just leave this now and concentrate on any issues Nas has?

BELOW IS THE PROOF YOU NEED TO SUPPLY AT COURT.......REGARDLESS IF YOU HAD GOODS OR NOT........A COMPANY SHOULD HAVE THEIR PAPERWORK IN ORDER IF THEY HOLD A CREDIT LICENCE. YOU HAVE PROOF (VIA LETTER,NO DOUBT HEADED PAPER) STATING WILL NOT SEEK TO USE LITIGATION.........

Do you have a copy of your employer's disciplinary policy and absence management policy i.e. what levels of absence trigger each level of disciplinary action? periods of hospitalisation should (in best practice) not be counted in absence discipline. We need to establish if they are following their own procedures and applying them fairly. Can you give more details?