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  1. 30 points
    The forum is very confusing for some people and they are constantly asking where they can find letters and guides or for links to documents. Below is a complete A-Z index of the main stickys with their links. In addition there is the ConsumerWiki A -Z here: http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/123374-consumerwiki-z-index.html Please PM me or a Mod if you find any bad links or would like to add any other useful links If you are new to forums this thread will be invaluable: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html It shows you how to: Create and Reply to a thread Quote and Mutiple Quote from another thread Subscribe to a thread Search the forums Report a post User control panel Settings & Options Finding a post/thread Posting links Send PM's (Private Messages) Attach documents Abuse of the Court System: How to Complain http://www.consumeractiongroup.co.uk/forum/campaign/97712-complain-about-litigation-behaviour.html Account Closures: What to do http://www.consumeractiongroup.co.uk/forum/bank-templates-library/106950-what-do-if-your.html Account Closure: A & L Fined by FOS. How to Complain http://www.consumeractiongroup.co.uk/forum/general/63646-alliance-leicester-fined-fos.html Account in Dispute Letter Account_in_Dispute Advantage Gold & Natwest Charges Explained http://www.consumeractiongroup.co.uk/forum/natwest-bank/27521-advantage-gold-unarranged-borrowing.html Allocation Hearing: Witness Statement http://www.consumeractiongroup.co.uk/forum/bank-templates-library/115059-allocation-hearing-witness-statement.html Allocation questionnaire http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/24031-frequently-asked-questions.html?garpg=9 Allocation Questionnaire - N149 on-line PDF Version http://www.hmcourts-service.gov.uk/courtfinder/forms/n149_1105.pdf Allocation Questionnaires - A guide to completion: N149 & N150 http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html Allocation Questionnaire - Draft directions order http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html Allocation Questionnaires and Stays - Important Information http://www.consumeractiongroup.co.uk/forum/lloyds-bank/78216-important-info-regarding-stays.html Allocation Questionnaire - Stays & Strike Out http://www.consumeractiongroup.co.uk/forum/lloyds-bank/78216-aqs-stays-strike-out.html Allocation Questionnaire - Dispensing With the AQ http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html Allocation Questionnaire - Dispensing With AQ: Action to Take http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html?highlight=dispensed Amending a Claim: Guide http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-claim-too-vague-defence.html Australian Penalty Fees Report http://www.govanlc.com/clcv20unfairfeesreport.pdf Australian Penalty Fees Report - Summary http://www.consumeraction.org.au/downloads/DL29.pdf Bailiffs Bailiffs - Consumer Wiki BAILIFFS AND SHERIFF OFFICERS FORUM http://www.consumeractiongroup.co.uk/forum/baliffs-sheriff-officers/ Bailiffs, types of and their fees http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/33623-types-bailiffs-their-fees.html Bailiffs: Letter to Refer A/c Back to Council Bailiffs: Council Tax Template Letter Bailiffs: Certification Bailiffs: Check a Bailiffs Credentials Bailiffs: Code of Practice Bailiffs: Code of Practice Bailiffs: Complaints Bailiffs: Complaint about Certified Bailiff Bailiffs: Stop Council Tax Enforcement Bailiffs: Council Tax - Stop Enforcement Bailiffs: Council Tax Template Letter Bailiffs: Council Tax Template Letter Bailiffs: Fees Bailiffs: Detailed Assessment of Fees Bailiffs: Get the Bailiff to Pay Off Your Debt Bailiffs: Get The Bailiff to Pay Off Your Debt Bailiffs: Invalid Walking Possession Bailiffs: Invalid Walking Possession? Bailiffs: Irregular Distress Bailiffs: Irregular Distress Bailiffs: Letter to Hand to the Bailiff Bailiffs: Letter for Council Tax Bailiff at Your Door Bailiffs: Complaints Bailiffs: Make a Complaint About a Certified Bailiff Bailiffs: Declaration of Ownership of Goods Bailiffs: Ownership of Goods Bailiffs: Paying During Removal of Goods Bailiffs: Paying During Removal of Possessions Bailiffs: SAR Bailiffs: Subject Access Request Bailiffs: Various Template Letters Bailiffs: Useful Template Letters Bailiffs: Valid Walking Possession? Bailiffs: Valid Walking Possession Bailiffs: Know Your Rights Bailiffs: What They Can & Can't Do Bank Account criteria chart Bank Accounts BANK ACTION GROUP FORUM ABBEY http://www.consumeractiongroup.co.uk/forum/abbey-bank/ Cahoot http://www.consumeractiongroup.co.uk/forum/cahoot/ ALLIANCE & LEICESTER http://www.consumeractiongroup.co.uk/forum/alliance-leicester/ BARCLAYS BANK http://www.consumeractiongroup.co.uk/forum/barclays-bank/ Barclaycard http://www.consumeractiongroup.co.uk/forum/barclaycard/ The Woolwich http://www.consumeractiongroup.co.uk/forum/woolwich/ COOPERATIVE BANK http://www.consumeractiongroup.co.uk/forum/cooperative-bank/ Smile http://www.consumeractiongroup.co.uk/forum/smile/ HALIFAX BANK http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/ Intelligent Finance http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/ HSBC BANK http://www.consumeractiongroup.co.uk/forum/hsbc-bank/ First Direct http://www.consumeractiongroup.co.uk/forum/first-direct/ HFC (Household) http://www.consumeractiongroup.co.uk/forum/hfc-household/ LLOYDS BANK http://www.consumeractiongroup.co.uk/forum/lloyds-bank/ NATWEST BANK http://www.consumeractiongroup.co.uk/forum/natwest-bank/ THE NATIONWIDE http://www.consumeractiongroup.co.uk/forum/nationwide/ ROYAL BANK OF SCOTLAND & BANK OF SCOTLAND http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/ YORKSHIRE BANK & CLYDESDALE BANK http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/ OTHER BANKS/INSTITUTIONS http://www.consumeractiongroup.co.uk/forum/other-institutions/ Capital One http://www.consumeractiongroup.co.uk/forum/capital-one/ CitiCards http://www.consumeractiongroup.co.uk/forum/citicards/ Egg http://www.consumeractiongroup.co.uk/forum/egg/ MNBA http://www.consumeractiongroup.co.uk/forum/mbna/ Mortgage Companies http://www.consumeractiongroup.co.uk/forum/mortgage-companies/ Store Cards http://www.consumeractiongroup.co.uk/forum/store-cards/ BANK CHARGES IN PRINT FORUM http://www.consumeractiongroup.co.uk/forum/bank-charges-print/ Bank Charges - Guide to Reclaiming http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html Banking Code of Practice: Personal Customers http://www.bankingcode.org.uk/pdfdocs/PERSONAL_CODE_2008.PDF Banking Code of Practice: Guidance for Subscribers (Banks) http://www.bankingcode.org.uk/pdfdocs/PERSONAL_CODE_GUIDANCE_2008.PDF Banking Code of Practice: Business Accounts http://www.bankingcode.org.uk/pdfdocs/BUSINESS_CODE_2008.PDF Banking Code of Practice: Business Guidnace for Suscribers (Banks) http://www.bankingcode.org.uk/pdfdocs/BUSINESS_CODE_GUIDANCE_2008.PDF Bank Surve http://www.consumeractiongroup.co.uk/survey.php BANK TEMPLATES LIBRARY http://www.consumeractiongroup.co.uk/forum/bank-templates-library/ Bankruptcy: protracted realisation unit & bankrupts http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/22342-bankruptcy-protracted-realisation-unit.html Benefits ? Is the bank taking your http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/36790-bank-taking-your-benefits.html Bill of Sales http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/112358-bill-sales-repossession-goods.html Brighthouse Stores (formerly Crazy Georges) Fact Sheet http://www.consumeractiongroup.co.uk/forum/brighthouse/130871-brighthouse-stores-formerly-crazy.html Budget Planner: Excel or Online The Budget Planner: Free tool and guide to managing your money... Business Claim - FAQ's http://www.consumeractiongroup.co.uk/forum/bank-templates-library/105213-guide-business-claims.html Business version letter to your bank - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/486-sample-letter-your-bank.html CAG RADIO FORUM http://www.consumeractiongroup.co.uk/forum/cag-radio/ Callcredit - Application Form Page Not Found CAMPAIGN FORUM http://www.consumeractiongroup.co.uk/forum/campaign/ Can I Claim Beyond 6 Years http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31575-important-things-you-really.html?garpg=6 Case guidance notes - bringing your case to court http://www.consumeractiongroup.co.uk/forum/guidance-notes/637-case-guidance-notes-bringing.html Case Guidance notes - Going to court http://www.consumeractiongroup.co.uk/forum/guidance-notes/641-case-guidance-notes-going.html Case Guidance notes - making a deal http://www.consumeractiongroup.co.uk/forum/guidance-notes/675-case-guidance-notes-making.html Case guidance Notes - making a familiarisation visit http://www.consumeractiongroup.co.uk/forum/guidance-notes/731-case-guidance-notes-making.html CASES LIBRARY http://www.consumeractiongroup.co.uk/forum/cases-library/ Charges- Different Descriptions by the Main Banks http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/92004-charges-can-claimed.html#post867497 Charging Orders : A Guide http://www.consumeractiongroup.co.uk/forum/legal-issues/203298-guide-charging-orders-orders.html Cheap/free calls- if you are spending too much phoning banks http://www.consumeractiongroup.co.uk/forum/helpful-external-links/38-cheap-free-calls-if.html Civil Procedure Rules - and forms - a five star site ***** http://www.consumeractiongroup.co.uk/forum/helpful-external-links/169-civil-procedure-rules-forms.html Comet http://www.consumeractiongroup.co.uk/forum/comet/ Complaining – A Comprehensive Guide http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/51998-how-complain-comprehensive-guide.html Complaints About Threads/Posts/Users http://www.consumeractiongroup.co.uk/forum/general/66282-cag-how-complain.html?highlight=CAG+how+to+Complain Companies House - search for a company http://www.consumeractiongroup.co.uk/forum/helpful-external-links/1458-companies-house-search-company.html Competition Commission. Essential report http://www.consumeractiongroup.co.uk/forum/helpful-external-links/44049-competition-commission-essential-report.html Consumer Credit Act (1974) http://www.consumeractiongroup.co.uk/forum/statutes-library/27535-consumer-credit-act-1974-a.html Consumer Credit Agreements: Example Agreements http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements.html ConsumerWiki - A-Z Index http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/123374-consumerwiki-z-index.html Contact Details For Banks http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31052-contact-details-banks.html Contracts (Rights of Third Parties) Act 1999 http://www.consumeractiongroup.co.uk/forum/statutes-library/2647-contracts-rights-third-parties.html Contractual Interest - Arguements For & Against http://www.consumeractiongroup.co.uk/forum/general/79524-key-arguments-against-compound.html Consolidated Loans Consolidated Loans Consumer Protection from Unfair Trading 2008 http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/146460-consumer-protection-unfair-trading.html Consumer Protection from Unfair Trading: Complaint Letters http://www.consumeractiongroup.co.uk/forum/consumer-protection-unfair-trading/ Costs: Template Application Letter http://www.consumeractiongroup.co.uk/forum/lloyds-bank/65921-application-costs.html Costs : Wasted Costs Order http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html County Court fees and exemptions http://www.consumeractiongroup.co.uk/forum/helpful-external-links/63-county-court-fees-exemptions.html Court Bundle - Basic http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html Court Bundle -Advanced http://www.consumeractiongroup.co.uk/forum/bank-templates-library/111522-advanced-court-bundle.html Court Bundle - Examples of Witness Statement, Document list etc http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html Court Bundle - Witness Statements Abbey Court Bundle & Witness Statement Lloyds Witness statement Court Bundle - Make Sure You Read This http://www.consumeractiongroup.co.uk/forum/lloyds-bank/82148-got-court-date-important.html#post732094 Court Bundle - Non-Compliance Template If Bank Fails to Submit Bundle http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-sc-m-court-bundle.html#post485266 Court Buddy -Register as a http://www.consumeractiongroup.co.uk/regbuddy.php Court Buddy - Find a http://www.consumeractiongroup.co.uk/buddy.php Court Date - Advice http://www.consumeractiongroup.co.uk/forum/abbey-bank/52494-read-now-if-you.html Court Date? - A Guide to Different Hearings http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html Court Guidance Notes http://www.consumeractiongroup.co.uk/forum/guidance-notes/ Court Fees - Do you have to pay them? http://www.consumeractiongroup.co.uk/forum/helpful-external-links/2147-court-fees-do-you.html Courts Service information and links to useful documents http://www.consumeractiongroup.co.uk/forum/helpful-external-links/13-courts-service-information-links.html Costs: Application For Costs in Small Claims http://www.consumeractiongroup.co.uk/forum/lloyds-bank/65921-application-costs.html#post563326 Credit Agreement Requests;Basic Information http://www.consumeractiongroup.co.uk/forum/legal-issues/131982-basic-information-credit-agreement.html Credit Cards:Who Owns Who Credit Cards: Who Owns Who Credit Reference Agencies: Application Forms Page Not Found http://www.experian.co.uk/downloads/consumer/cfa.pdf https://www.econsumer.equifax.co.uk/consumer/uk/uib/images/EFX_UK/en_GB/your%20equifax%20credit%20file%209-05.pdf Credit/Store Card Letter Template (thanks Bookworm01036) http://www.consumeractiongroup.co.uk/forum/bank-templates-library/586-credit-store-card-letter.html Creditors and DCAs - Letter Templates & Budget Planner http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html Letter A - Ask your creditors to hold action on your account Letter B - Ask your creditors to accept pro rata offers of payment on your debts Letter C - Ask your creditors to accept a token payment or no payment on your debts Letter D - When a creditor refuses your offer of payment Letter E - When a creditor refuses to freeze interest on your account Letter F - When a creditor has turned down an offer of payment, interest is still being added, and you want the creditor to take you to court. Letter G - When creditors have turned down an offer of payment, interest is still being added but you don’t want to go to court Letter H - When a creditor asks you to agree to a voluntary charge against your home Letter I - Request for a stay of execution in the High Court Letter J - Full and final settlement for any debt Letter K - Ask creditors to write off the debt due to your circumstances Letter L - Ask your creditors to reconsider if they refuse to write off the debt Letter M - Dispute your liability for a debt where a creditor has not contacted you for over six years Letter N - Ask your creditor for a copy of your credit agreement under the Consumer Credit Act 1974 Letter O - Mortgage shortfalls: Breakdown of balance owed Letter P - Mortgage shortfalls: Please write off the debt Letter Q - Mortgage shortfalls: Full and final settlement letter Letter R - Mortgage shortfalls: Lender should not pursue under CML policy Letter S - Inform your creditor that you are terminating your hire purchase/conditional sale agreement Credit Scoring Credit Scoring - Consumer Wiki Currys http://www.consumeractiongroup.co.uk/forum/currys-dixons/ CUTTING AND SOUNDFILES LIBRARY http://www.consumeractiongroup.co.uk/forum/cuttings-soundfiles-library/ CYNtheSYS - Clydesdale & Yorkshire Costs Breakdown http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/78681-clydesdale-yorkshire-northern-system.html Data Controller , Find the address for the http://www.consumeractiongroup.co.uk/forum/helpful-external-links/26909-find-address-data-controller.html Data Protection Act notice S10 - if you have been defaulted for unlawful penalties http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html Data Protection Act - Taking a Case to Court http://www.consumeractiongroup.co.uk/forum/helpful-external-links/7054-data-protection-act-taking.html Data Protection Act 1998 http://www.consumeractiongroup.co.uk/forum/statutes-library/91-data-protection-act-1998-a.html Data Protection Act, Subject Access Request letter - List of charges http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516- Data Protection Act - Non-Compliance - Template Letters http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html Data Protection Act Non-Compliance - Particulars of claim http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html 1-data-protection-act.html DCA’s Address & Contact Details http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/14775-dcas-address-contact-details.html DCAs and Creditors - Letter Templates & Budget Planner http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html DCA's: Dealing With Phone Calls http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131475-dealing-dcas-phone-calls.html DCA: Getting Them To Reveal Their Vitals. Using CPR 31.14 to Your Advantage DCA: Using CPR 31.14 to Your Advantage DEALING WITH DEBT IN SCOTLAND FORUM http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/ Debt - A Glossary of Terms http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/23991-debt-glossary-terms.html DEBT ADVICE FORUM: http://www.consumeractiongroup.co.uk/forum/#black-consumer-forums-center DEBT: LEGAL ISSUES FORUM http://www.consumeractiongroup.co.uk/forum/legal-issues/ Debt: A - Z of Debt Terminology http://www.consumeractiongroup.co.uk/forum/general-debt-issues/161658-z-debt-terminology.html Debt: Where to Get Help Debt: Where to Get Help - Consumer Wiki Debt: How to Get Out of http://www.consumeractiongroup.co.uk/forum/getting-out-debt/120603-how-get-out-debt.html?highlight=How+to+get+Out+of+Debt Debt Handbook: Useful Guide & Advice The Debt Handbook Debt: Letter Templates http://www.consumeractiongroup.co.uk/forum/letter-templates/ Debt Management Plan Debt Management Plan Defaulted, I have been http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/24031-frequently-asked-questions.html?garpg=7 Defaults & Data Protection Issues http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/ Defaults – A Removal Method & Template Letters http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html Delayed Flight Compensation EU http://www.consumeractiongroup.co.uk/forum/holiday-companies/17177-delayed-flight-compensation-eu.html Digital signature Guide http://www.consumeractiongroup.co.uk/forum/general-debt-issues/110578-digital-signature-guide.html?highlight=Digital+signature Direct Debit Guarantee http://www.consumeractiongroup.co.uk/forum/helpful-external-links/194-direct-debit-guarantee.html Directions Non-Compliance Letters http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-directions-non-compliance-letters.html Disability Discrimination Acts -1995 and 2005 http://www.consumeractiongroup.co.uk/forum/statutes-library/3708-disability-discrimination-acts-1995-a.html Disrepair in Private Rented Accommodation http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/74057-disrepairs-privately-rented-accommodation.html#post641938 Dixons http://www.consumeractiongroup.co.uk/forum/currys-dixons/ DOCUMENTS LIBRARY - T & C's (Work in Progress) http://www.consumeractiongroup.co.uk/forum/bank-templates-library/101412-document-library-work-progress.html Donate to CAG via Credit/Debit Card or Paypal https://www.paypal.com/cgi-bin/webscr EDM EDMDetails EFFECTS OF DEBT ON HEALTH & LIFESTYLE FORUM http://www.consumeractiongroup.co.uk/forum/effects-debt-health-lifestyle/ EMPLOYMENT PROBLEMS FORUM http://www.consumeractiongroup.co.uk/forum/employment-problems/ Equifax - Your credit history and your rights explained http://www.consumeractiongroup.co.uk/forum/helpful-external-links/493-equifax-your-credit-history.html Equifax - Application Form https://www.econsumer.equifax.co.uk/consumer/uk/uib/images/EFX_UK/en_GB/your%20equifax%20credit%20file%209-05.pdf Exempt From Court Fees?. http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-user-guide-contacts-list.html?garpg=9 Experian - Credit reference agency http://www.consumeractiongroup.co.uk/forum/helpful-external-links/496-experian-credit-reference-agency.html Experian - Application Form http://www.experian.co.uk/downloads/consumer/cfa.pdf Extended Warranties http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/2639-comments-extended-warranties.html FAQs http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ Farepak, http://www.consumeractiongroup.co.uk/forum/farepak/ Fast Track Guide Fast track and multi track Finacial Hardship: Taking your Case to the FOS Financial Hardship: Guide to the FOS Financial Ombudsman -Home Financial Ombudsman Service Financial Ombudsman -Bank Charges http://www.financial-ombudsman.org.uk/faq/bankcharges-quickguide.pdf Financial Ombudsman - Complaint Form FAQs about our complaint form Financial Ombudsman http://www.consumeractiongroup.co.uk/forum/campaign/43287-financial-ombudsman-recommendation.html FORMAL SOLUTIONS FORUM http://www.consumeractiongroup.co.uk/forum/formal-solutions/ Form N244 - application notice http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html FORUM RULES http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/ Free alternative to Excel http://www.consumeractiongroup.co.uk/forum/bank-templates-library/2004-free-alternative-excel.html Frequently Asked Questions http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/24031-frequently-asked-questions.html FSA guidelines to credit scoring http://www.consumeractiongroup.co.uk/forum/helpful-external-links/495-fsa-guidelines-credit-scoring.html FSA Register http://www.consumeractiongroup.co.uk/forum/helpful-external-links/3933-fsa-register.html GARAGE SERVICES FORUM http://www.consumeractiongroup.co.uk/forum/garage-services/ GENERAL FORUM http://www.consumeractiongroup.co.uk/forum/general/ GENERAL CONSUMER ISSUES FORUM http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/ GENERAL DEBT ISSUES FORUM http://www.consumeractiongroup.co.uk/forum/general-debt-issues/ GENERAL KNOWLEDGE FORUM http://www.consumeractiongroup.co.uk/forum/general-knowledge/ GETTING OUT OF DEBT FORUM http://www.consumeractiongroup.co.uk/forum/getting-out-debt/ Glossary Of Abbreviations Used In The Forums And The Chat Room http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31476-glossary-abbreviations.html GOGW – Gestures of Goodwill http://www.consumeractiongroup.co.uk/forum/abbey-bank/32932-have-you-had-gogw.html GUIDANCE NOTES http://www.consumeractiongroup.co.uk/forum/guidance-notes/ Guide to Reclaiming Bank Charges http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html Guide to This Forum http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html Harassment by telephone - response letter http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html Hardship and Stayed Claims: Letter http://www.consumeractiongroup.co.uk/forum/bank-templates-library/154154-hardship-stayed-claims.html#post1640904 HELPFUL EXTERNAL LINKS LIBRARY http://www.consumeractiongroup.co.uk/forum/helpful-external-links/ HELPFUL ORGANISATIONS LIBRARY http://www.consumeractiongroup.co.uk/forum/other-helpful-organisations/ HOLIDAY COMPANIES FORUM http://www.consumeractiongroup.co.uk/forum/holiday-companies/ IDENTITY THEFT FORUM http://www.consumeractiongroup.co.uk/forum/identity-theft/ I.T. Support http://www.consumeractiongroup.co.uk/forum/i-t-support/ Independent Banking Advisory Service http://www.consumeractiongroup.co.uk/forum/helpful-external-links/264-independent-banking-advisory-service.html Information Commissioner – Data Protection Act http://www.consumeractiongroup.co.uk/forum/helpful-external-links/17-information-commissioner-data-protection.html Information Commissioner - Freedom of Information Act http://www.consumeractiongroup.co.uk/forum/helpful-external-links/116-information-commissioner-freedom-information.html INSURANCE/ASSURANCE COMPANIES FORUM http://www.consumeractiongroup.co.uk/forum/insurance-assurance-companies/ Interest calculation spreadsheets http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html Introduction to Bank charges http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/23848-introduction-bank-charges.html Isle of Man Claims – Template Letters http://www.consumeractiongroup.co.uk/forum/bank-templates-library/93555-isle-man-template-letters.html Isle of Man - Statutes http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/44110-statures-isle-man.html IVA arrangements http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/24031-frequently-asked-questions.html?garpg=8 Judgement: How to Enforce http://www.consumeractiongroup.co.uk/forum/general/66182-how-enforce-judgement.html Judgement: How to get Paid http://www.consumeractiongroup.co.uk/forum/bailiffs/99563-got-judgment-how-get.html Law Of Professional-Client Confidentiality: Update http://www.consumeractiongroup.co.uk/forum/helpful-external-links/142-law-professional-client-confidentiality.html LEGALITIES FORUM http://www.consumeractiongroup.co.uk/forum/legalities/ Legal Terms & Phrases Explained in Plain English Legal Phrases: A-Z Guide Letter - Preliminary approach for repayment http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html Letter before action - Consumer version - asking for it back http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html Letter - Notification of Settlement to the Court http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-sc-m-court-bundle.html#post485266 Limitation Act 1980 http://www.consumeractiongroup.co.uk/forum/statutes-library/415-limitation-act-1980-a.html Liquidated damages and penalties - useful explanation http://www.consumeractiongroup.co.uk/forum/helpful-external-links/3132-liquidated-damages-penalties-useful.html LITIGATION SECTION http://www.consumeractiongroup.co.uk/index.php?option=com_content&task=view&id=138&Itemid=82 Lloyds v Berwick: View of the Judgement http://www.consumeractiongroup.co.uk/forum/lloyds-bank/90660-lloyds-victory-view-judgement.html#post827833 McNamara BBC radio -Sept 2004- sound file & transcript http://www.consumeractiongroup.co.uk/forum/cuttings-soundfiles-library/118-peter-mcnamara-bbc-radio.html Manx Claims – Template Letters http://www.consumeractiongroup.co.uk/forum/bank-templates-library/93555-isle-man-template-letters.html Mediation - Letter of Refusal http://www.consumeractiongroup.co.uk/forum/general/83044-mediation-bad-idea.html#post742517 MERCANTILE COURT FORUM http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/ Mercantile Court Guide http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/34297-mercantile-court-guide.html Moderators & Site Helpers: List of http://www.consumeractiongroup.co.uk/forum/general/106239-our-site-support-team.html Money Claim - Getting it right http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html#post614610 Money Claim On-Line (MCOL) Particulars of Claim http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html Moneyclaim - start your County Court claim online http://www.consumeractiongroup.co.uk/forum/helpful-external-links/10-moneyclaim-start-your-county.html Moneyclaim and hardcopy claim compared http://www.consumeractiongroup.co.uk/forum/helpful-external-links/919-moneyclaim-hardcopy-claim-compared.html Moneyclaim On-line Guide Her Majesty's Courts Service MORTGAGES AND SECURED LOANS FORUM http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/ Mortgage Claims - Guide http://www.consumeractiongroup.co.uk/forum/mortgage-companies/2424-alanfromderby-bristol-west-operation-9.html#post560022 M.P. - Template letter to your http://www.consumeractiongroup.co.uk/forum/bank-templates-library/114-template-letter-your-member.html M.P’s - List of (2005) http://www.consumeractiongroup.co.uk/forum/helpful-external-links/112-members-parliament-2005-a.html MP’s and Bailiffs http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/30373-my-mp-bailiffs.html Myth of Writing off Debt The Myth of 'Writing Off' Debt National Debtline : England & Wales National Debtline England & Wales, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000 National Debtline : Scotland National Debtline Scotland, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000 N1 Claims form in .PDF format with form filling http://www.consumeractiongroup.co.uk/forum/bank-templates-library/844-n1-claims-form-pdf.html N1 POC's for Abbey, A&L, Barclays, Co-op, Halifax, HSBC, Lloyds, Natwest, RBS, Yorkshire http://www.consumeractiongroup.co.uk/forum/bank-templates-library/ N1 POC's for Credit Cards: Abbey, Barclaycard, Capital One, Citicard, Co-op, Egg, Lloyds, MBNA, Natwest http://www.consumeractiongroup.co.uk/forum/bank-templates-library/ N1 POC's for Business Account: Natwest http://www.consumeractiongroup.co.uk/forum/bank-templates-library/ N1 - hard copy version - Particulars of claim http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html N149 on-line PDF Version http://www.hmcourts-service.gov.uk/courtfinder/forms/n149_1105.pdf N244 - application notice http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html NHS FORUM http://www.consumeractiongroup.co.uk/forum/nhs/ Northern Ireland Small Claims Guide and new NI online claims service http://www.consumeractiongroup.co.uk/forum/helpful-external-links/499-northern-ireland-small-claims.html Notice of Correction - Credit Reference Files Notice of Correction - Consumer Wiki Notice of Disassociation - Credit Reference Files Notice of Disassociation - Consumer Wiki Notice of Discontinuance http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-directions-non-compliance-letters.html#post487345 Notice of Issue. http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-user-guide-contacts-list.html?garpg=11 On-line Calculator http://www.consumeractiongroup.co.uk/chargeinterest.php OFT: Register of Company Credit Licences OFT: Consumer Credit Register OFT: Personal Current Accounts & Consultation 16/07/08 OFT: Personal Current Accounts Report OFT Test Case FORUM http://www.consumeractiongroup.co.uk/index.php?option=com_content&task=view&id=138&Itemid=82 OFT Test Case: Update 22.10.07 The Office of Fair Trading: Questions and answers for OFT test case announcement 26 July 2007 - updated 22 October 2007 OFT Test Case: POC's http://www.oft.gov.uk/shared_oft/bus...s-of-claim.pdf OFT Test Case: OFT POC's, The Bank's Defence, OFT Response etc http://www.consumeractiongroup.co.uk/forum/general/113391-oft-banks-documentation.html#post1184504 OFT Test Case: Info Links http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/111194-oft-fsa-fos-links.html OFT Test Case: Advice on What to do http://www.consumeractiongroup.co.uk/forum/general/107550-oft-test-claim-what.html OFT Test Case: Full transcripts of the Hearing OFT Test Case: Transcripts OFT v The Banks: Read This if You're Worried http://www.consumeractiongroup.co.uk/forum/general/108091-oft-banks-dont-panic.html OFT Test Case: April 2008 - What the Judgment Means for You http://www.consumeractiongroup.co.uk/forum/oft-test-case-updates/139971-oft-abbey-others-april.html OFT Test Case: April 2008 - Updated FAQ's http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/142775-bank-charges-april-2008-a.html OFT Test Case: OFT Statement 23rd May 2008 http://www.consumeractiongroup.co.uk/forum/announcement.php?f=166&a=119 OFT Test Case: Q & A's 30 May 2008 OFT Test Case: Q & A's 30 May 2008 OFT Test Case: Q & A's 14 August 2008 OFT Test Case: Q&A's 14 August 2008 OFT Newsletter Jan 2008 http://www.consumeractiongroup.co.uk/forum/general/126797-oft-retail-banking-team.html Office of Fair Trading http://www.consumeractiongroup.co.uk/forum/helpful-external-links/32-office-fair-trading-unfair.html Office of Fair Trading - Credit Card Report Summary http://www.oft.gov.uk/shared_oft/rep...ts/oft842a.pdf OpenOffice - Free Alternative to Excel for PC's OpenOffice.org - The Free and Open Productivity Suite OpenOffice - Free Alternative to Excel for Mac's http://www.versiontracker.com/dyn/mo...acosx/10209910 Other Stores http://www.consumeractiongroup.co.uk/forum/other-stores/ Parachute account?, Do you need a http://www.consumeractiongroup.co.uk/forum/general/13832-do-you-need-parachute.html Package Travel, Package Holidays and Package Tours Regulations 1992 http://www.consumeractiongroup.co.uk/forum/holiday-companies/4470-package-travel-package-holidays.html PARKING / TRAFFIC WARDENS FORUM http://www.consumeractiongroup.co.uk/forum/parking-traffic-wardens/ Parking Tickets - Private: Everything You Need to Know http://www.consumeractiongroup.co.uk/forum/parking-traffic-wardens/65341-private-parking-companies-charges.html Parking Tickets - Private: Template Letters http://www.consumeractiongroup.co.uk/forum/parking-traffic-wardens/119802-private-parking-tickets-template.html Parking Tickets: Changes to Parking Laws from April 2008 http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/129585-changes-dpe-april-08-a.html#post1363442 Parking Tickets: Council Fine, But no PCN or NTO http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/131121-council-parking-fine-but.html#post1378143 New POC's for Bank Charges: Abbey, A&L, Barclays, Co-op, HSBC, Lloyds, Natwest,RBS & Yorkshire http://www.consumeractiongroup.co.uk/forum/bank-templates-library/107566-bank-charge-poc-n1.html New N1 POC's for Credit Cards: Abbey, Barclaycard, Capital One, Citicard, Co-op, Egg, Lloyds, Natwest http://www.consumeractiongroup.co.uk/forum/bank-templates-library/122528-credit-card-charges-poc.html Particulars of claim - N1 - hard copy version http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html PCWorld, http://www.consumeractiongroup.co.uk/forum/pcworld/ Posts: How to make http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/13182-how-make-posts.html PPI FORUM http://www.consumeractiongroup.co.uk/forum/ppi/ PPI: Guide to Making a Claim http://www.consumeractiongroup.co.uk/forum/ppi/61081-ppi-some-notes-claimants.html#post514670 PPI: Draft POC's http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/123886-poc-ppi-do-we.html PPI Calculator http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/152816-download-ppi-calculator-here.html#post1624569 Preliminary Approach Template Letter http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html Private Messages, Asking questions by http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/14608-asking-questions-pm.html Private Messages, Receiving http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/15742-receiving-personal-messages-pms.html Record your Internet telephone conversations with the Bank http://www.consumeractiongroup.co.uk/forum/helpful-external-links/39-record-your-internet-telephone.html Record your telephone conversations with the bank http://www.consumeractiongroup.co.uk/forum/helpful-external-links/19-record-your-telephone-conversations.html Rejection of settlement offer http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html Representation at Court http://www.consumeractiongroup.co.uk/forum/lloyds-bank/100066-can-someone-else-represent.html#post938013 RESIDENTIAL & COMMERCIAL LETTINGS FORUM http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/ Right of Appropriation Letter - Stop bank from taking your money http://www.consumeractiongroup.co.uk/forum/bank-templates-library/42170-right-appropriation-stop-bank.html Rules of Engagement http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31575-important-things-you-really.html?garpg=7 Reputations http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/22998-information-about-reputations-site.html RETAIL STORES FORUM http://www.consumeractiongroup.co.uk/forum/retail-stores-forums/ Sale and Supply of Goods Act 1994 http://www.consumeractiongroup.co.uk/forum/statutes-library/2615-sale-supply-goods-act.html Sale and Supply of Goods to Consumers Regulations 2002 http://www.consumeractiongroup.co.uk/forum/statutes-library/2616-sale-supply-goods-consumers.html Sale of Goods (Amendment) Act 1995 http://www.consumeractiongroup.co.uk/forum/statutes-library/2614-sale-goods-amendment-act.html Sale of Goods Act 1979 as amended http://www.consumeractiongroup.co.uk/forum/statutes-library/42-sale-goods-act-1979-a.html SOGA - Basic Rights http://www.consumeractiongroup.co.uk/forum/retail-stores-forums/117106-sale-goods-basic-guide.html Scottish Small Claims Procedure - Act of Sederunt 2002 http://www.consumeractiongroup.co.uk/forum/statutes-library/162-scotish-small-claims-procedure.html SCOTLAND FORUM http://www.consumeractiongroup.co.uk/forum/scotland/ Scotland, £750 - £1500 http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31575-important-things-you-really.html?garpg=3 Scottish Civil Procedure - some tips from Govan Law Centre http://www.consumeractiongroup.co.uk/forum/helpful-external-links/441-scottish-civil-procedure-some.html Scottish Court Service http://www.consumeractiongroup.co.uk/forum/helpful-external-links/161-scottish-court-service.html Scottish Debtline Scottish Debtline - Homepage Scottish Limitation Period Extended http://www.consumeractiongroup.co.uk/forum/insurance-assurance-companies/3099-scottish-limitation-period-extended.html Scottish Procedure http://www.consumeractiongroup.co.uk/forum/guidance-notes/11123-scottish-procedure.html Settled Claims List lit settled.xls Litigation Section - View and print out litigation spreadsheets here Settlement letter to the Court http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-sc-m-court-bundle.html#post487345 Site Map http://www.consumeractiongroup.co.uk/forum/sitemap/ Small Claims Advice from The Citizens Advice Bureau http://www.consumeractiongroup.co.uk/forum/helpful-external-links/12-small-claims-advice-citizens.html Spreadsheet of Settled Claims http://www.consumeractiongroup.co.uk/forum/general/64871-spreadsheet-claims.html Spreadsheet with interest http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html Spreadsheets: Vampiress' Google Spreadsheets VAMPIRESS'S CHAMBER OF "CONSUMER ACTI... Spreadsheet : Alternative to Excel http://www.consumeractiongroup.co.uk/forum/bank-templates-library/2004-free-alternative-excel.html Spreadsheet: Mindzai's Excel Contractual U_Mindzias Compound Sheet***Audio Song | Movies |Free File Hosting, Software & MP3 Downloads, Free File Sharing - Ziddu Spreadsheet: Online & Simple to Use iCalculate STATUTES LIBRARY http://www.consumeractiongroup.co.uk/forum/statutes-library/ Statute Law Database Home - Statute Law Database Statutory Interest in your CCJ?: Are they entitled to claim http://www.consumeractiongroup.co.uk/forum/legal-issues/129731-they-entitled-claim-statutory.html Statement of Evidence - for Draft Direction Order http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-3.html#post482194 Stay: Application for removal of http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay.html Stay: Application for removal of: UPDATED http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820 Stay: Application for Removal on Hardship Grounds http://www.consumeractiongroup.co.uk/forum/bank-templates-library/115059-allocation-hearing-witness-statement.html Stays re: OFT Test Case - Info & Guidance http://www.consumeractiongroup.co.uk/forum/general/108430-stays-info-guidance.html Stay: Hearing Bundle http://www.consumeractiongroup.co.uk/forum/bank-templates-library/114505-bundle-stay-hearing.html Stay: Skeleton Arguement http://www.consumeractiongroup.co.uk/forum/bank-templates-library/115276-skeleton-argument-stay-hearing.html Stay: Credit Card claim: Letter of Objection http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/114308-objection-stay-credit-card.html STEP-BY-STEP INSTRUCTIONS http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html Guide to Reclaiming Bank Charges http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html STUDENTS FORUM http://www.consumeractiongroup.co.uk/forum/students/ Supply of Goods and Services Act 1982 http://www.consumeractiongroup.co.uk/forum/statutes-library/43-supply-goods-services-act.html Sale of Goods Act 1979 as amended http://www.consumeractiongroup.co.uk/forum/statutes-library/43-supply-goods-services-act.html Sale of Goods Act: Guide to Consumer Rights http://www.consumeractiongroup.co.uk/forum/retail-stores-forums/117106-sale-goods-basic-guide.html Tax on Interest http://www.consumeractiongroup.co.uk/forum/legalities/49641-important-information-regarding-tax.html TELECOMS- MOBILE, FIXED & BROADBAND FORUM http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed-broadband/ Terms & Conditions http://www.consumeractiongroup.co.uk/forum/bank-templates-library/101412-document-library-work-progress.html Theft (Amendment) Act 1996 http://www.consumeractiongroup.co.uk/forum/statutes-library/90-theft-amendment-act-1996-a.html THIS SITE – QUESTIONS & ANSWERS FORUM http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/ Treasury Select Committee Minutes http://www.consumeractiongroup.co.uk/forum/general/508-treasury-committee-bank-penalties.html?highlight=Treasury Ulster banks under investigation http://www.consumeractiongroup.co.uk/forum/helpful-external-links/336-ulster-banks-under-investigation.html Unanswered Posts: Your Help Needed Click_here Unfair Contracts Terms Act 1977 http://www.consumeractiongroup.co.uk/forum/statutes-library/33-unfair-contracts-terms-act.html Unfair Terms in Consumer Contracts Regs. 1999 http://www.consumeractiongroup.co.uk/forum/statutes-library/40-unfair-terms-consumer-contracts.html User Guide & Contacts List http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-user-guide-contacts-list.html UTILITIES: GAS, WATER, ELECTRICITY FORUM http://www.consumeractiongroup.co.uk/forum/utilities-gas-electricity-water/ VEHICLE RETAILERS AND MANUFACTURERS FORUM http://www.consumeractiongroup.co.uk/forum/vehicle-retailers-manufacturers/ Wasted Costs Order http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html Wiki Consumer_Action_Group_Wiki ConsumerWiki - A-Z Index http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/123374-consumerwiki-z-index.html Witness Statements Abbey Court Bundle & Witness Statement Lloyds Witness statement What Can I Claim For? http://www.consumeractiongroup.co.uk/forum/hsbc-bank/15518-charges-description-statements-please.html When You Get Your Refund http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html Who Owns Who http://www.consumeractiongroup.co.uk/forum/general/124079-banks-building-societies-mortgages.html WORD FROM THE BANKS FORUM http://www.consumeractiongroup.co.uk/forum/word-banks/
  2. 26 points
    Along with 30-40 others I was at Kingston upon Thames County Court this afternoon for a direction hearing with Barclays bank amongst others. I know a lot of people are nervous about the possibility of going to court so I took a few notes with a view to reporting back and I must be honest it was a couple of hours of excellent entertainment. First of all the cast. The judge was a very well presented and instantly likeable bloke. A bit like Ken Barlow on Coronation Street. It was clear from the start that he wasn’t going to miss the opportunity to entertain in front of what was a capacity crowd in Court Two. On the front row representing Barclays was a youngish lady in her late twenties looking every inch the up and coming Lawyer, impeccably dressed, hair tied up, small bifocals. She had a huge file in front of her containing the details of all the dreadful people who had the nerve to challenge Barclays. To her left was a rather distinguished duo who were representing a No win No fee company and subsequently it turned out were representing a significant number of the claimants listed for the day Directly behind them, relegated to the 2nd row was the rather sad looking figure representing Lloyds TSB. Compared to the snappy dressers in the front row he was clearly 2nd division and if on the off chance your reading this treat yourself to a new tie. No one is going to take you seriously wearing that!!! The rest of the court room was packed with 30-40 claimants and you could cut the atmosphere with a knife as everyone was thinking the same “ Please don’t let it be me called first” The first business of the afternoon was to deal with some overspill from the morning involving Lloyds. 3 or 4 cases had clearly been settled as a result of some frantic phone calls during the lunch break. The case names were mentioned and the bloke from Lloyds repeated several times weve settled. There appeared to be a dispute about the account number on one of these cases as the claimant had written the wrong number on his schedule. Sensing his opportunity the man from Lloyds jumped to his feet shouting “Move to strike out the claim” “Don’t be ridiculous” retorted the judge “just put the correct account number on the schedule” We will settle” mumbled the man from Lloyds somewhat disheartened by his failure. I personally don’t like to kick a man when he’s down but the judge showed no such sympathy. “Are you a barrister,” he asked “ No he replied” “ A legal clerk” no” “What are you then” asked the judge “ I used to be an old managing clerk” A slight titter could be heard from the big hitters in ringside seats as the man from Lloyds buried his face in his papers. Then from nowhere appeared a flighty young lad, plonked himself next to the Barclays barrister and in a lawyer sort of way gained the attention of the Judge. He was representing the bank of Ireland and needed to get away quickly so could he go first. The judge obliged and the claimant in this case stood up. The flighty man from Ireland informed the judge that everything had been sorted out (They Settled) and the claimant had consented to the case being withdrawn. The judge asked the claimant if he agreed “ absolutely” he replied “I’ve got to get back and open up my pub and by the way there’s a Gin and Tonic waiting for you on the house” The judge smiled “I better not but I’m sure my clerk could do with one” Things had started well for the claimants and you could feel the relief in the court. Next up was Nat West or well they would have been had they turned up. The claimant informed the judge that they had agreed to settle but he hadn’t had the money yet. The judge agreed to an adjournment to allow time for the money to be paid. The young claimant wasn’t finished there. “Id like to apply for costs” he demanded. The judge didn’t look at all fazed and asked what he would like. Buoyed by this the claimant produced his civil procedure book, no doubt purchased from this site, and started to quote from it. The judge appeared caught by surprise and stopped him. “ If you are going to start quoting civil procedure rules we are going to have to put you at the end” The claimant left a bit crest fallen but lived to fight on later in the day. It was then time for the first of the many Barclays cases. The case was called, the pristine Lady from Barclays flicked to the correct page in her huge file with ruthless efficiency. Distinguished gent to her left rises and states he represents the claimant. Pristine Lady states that Barclays have not received a schedule of charges so could not deal with the claim. Distinguished gent states “that’s a bit surprising as they are stapled to the back of the Form N1 of which you have a copy” Judge agrees and there is an uncomfortable silence as the pristine lady ruffles thru her papers. “Ill have to take instructions” “You do that” states the judge!! Adjourned for Barclays to get their Act together. Then followed about 7 or 8 Barclays cases with the same outcome. "No schedule of charges" she muttered. I’ve sent them to you a hundred times shouted the claimant. "Ill have to take instructions" ever more quietly Then came the first mention of expenses from one of the claimants. “I’ve had to take a day of work to come here can I claim costs”. The judge seemed receptive “What is your job” he asked “Telephonist” she replied How long have you been here? “3 hours” How much do you earn? “£7 an hour”. “That seems reasonable to me costs awarded £21”. You could here the cogs werring in the brains of the claimants as they sniffed an opportunity. Every case after that the opportunity for costs was ruthlessly exploited “What do you do for a living sir?” “Consultant sir” states the defendant “How much do you earn an hour?” “£50” stated the defendant “How long have you been here?” “Since this morning sir” “£270 costs awarded” “What about my car park bill that’s another £10” “£280 costs awarded.” One optimistic claimant even tried to get Barclays to pay for the possibility that she may be clamped in the local car park. That was one step to far for the ever-generous judge who with a wry smile politely refused. Next up Abbey National. Several defendants were awarded judgements and costs on an ever-increasing scale as Abbey couldn’t be bothered to turn up Even the man from Lloyds was joining in the party. Realising that he was on the wrong side of a bit of a hiding he started advising one of the Abbey national claimants on how to calculate 8%. One claimant from alliance and Leicester (Who also failed to turn up) was despatched from the court by the judge to find a calculator so he could add up the daily interest rate. amongst the carnage There were a few successes for the banks A couple of Barclay’s claimants failed to turn up and their claim was struck out. The not so pristine lady from Barclays asked for costs. “How much do you earn” asked the judge. Surly she wasn’t going to answer !! She muttered, stumbled then came out with the old favourite “ Ill have to take instructions” The judge took sympathy on her and adjourned the hearing pending costs. A couple of other significant things happened. Alliance and Leicester had written to the judge stating they were going to defend one claim. The defendant was furious. “They should have been here then” he snorted. The judge with another crippling blow ordered full disclosure by the A & L within 14 days or their defence would be struck out He calmed the claimant by informing him that he need do nothing and he should expect some sort of offer of settlement as soon as they receive that letter. Several claimants asked if members of their family could speak on their behalf and this was allowed although to be honest it wasn’t necessary. I left the court just after 3.30 having witnessed a complete route of the banks on almost all fronts. Lessons learnt. Don’t be afraid of the court Do turn up Have all your paperwork with you Work out your costs and settlement figure before hand I know this is only one court in one part of the country but hopefully this will encourage everyone to keep at it.
  3. 26 points
    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 them or Phone them. Of course if you consider that you have been mis sold this type of policy you can of course try and reclaim all the premiums that have been made, plus claim the interest on each payment at the Contractual Interest Rate. 2) Single Premium Policy (these are the biggest rip off ones) These policies are Paid for in full to the insurance company at the start of the policy. Most loan Companies will finance the full cost of the policy by adding the cost onto your loan. What they do not tell you is that you will also be paying interest on that amount at the loan interest rate for the full term of the loan. Example 1. PPI Cost £3300 Interest Rate 7.9%APR Interest payable over the 5 year loan = £1300 Actual cost of PPI cover £ 4600.00 Example 2 PPI Cost £3300 Interest Rate 7.9%APR Interest payable over the 15 year loan = £3913.00 Actual Cost of 5yr PPI Cover £ 7213.00 As some loans have variable APR the costs used in the above examples could be in fact a lot higher. Most of this type of Policy will cover you for 60 Months (5yrs) so beware if you have taken out one of these policies and have a loan which runs over the 5 year period. As in example 2 you would require a further 2 * 5yr PPI policies to cover the full loan period. I did one calculation on an original loan of £17,000.00 , when the PPI was added and calculated to cover the 15yr period; with an APR at 7.9% fixed the actual cost to repay the loan was calculated at almost £55,000.00. Cancelling a single payment Policy, This can be a bit trickier than a standard monthly paid policy. These policies will offer a very small percentage of the premium should you just cancel it. An example of this is shown below. Their answer to this part is normally that the insurance premium pays more in the early stages of the loan as there is higher risk. (Yeah - higher risk to the lender and not the Customer) £3300 policy which had been running for 3yrs, Refund of £97.00 if cancelled. Some companies will state that the only way that you can cancel one of these policies is to refinance and settle the complete loan agreement with a new loan without PPI on the new loan. Some of the lenders will also try and fob you off with excuses like, you may not get a new loan at the same low %APR without PPI. Some will also state that you may not in fact be able to obtain a new loan from them at all; this of course is all scare tactics to try and make you change your mind about cancelling the loan etc. If your credit rating is not good then they will use this against you too. In my own case I managed to obtain a new loan from another provider at a far better %APR (5.8%) rate without PPI, though they did really try and sell their PPI..lol. I also took out a stand alone PPI policy from an Independent provider at well under a tenth of the cost I was quoted from the new Lender. Personally I have nothing against PPI Insurance, in fact I think it is a good thing as long as it sold properly and not at an extortionate rate like it is by the major High Street Banks and Loan Companies. 3) Mis Sold Policy The mis selling of these policies is a major concern not just for Consumer but in fact the FSA and the OFT are looking into this whole matter. Have you been Mis Sold PPI. (Some standard Conditions for PPI) a) Payment Protection Insurance cannot be made a condition of obtaining a loan. (This is the most common reason for mis selling) b) You are permantley resident within the United Kingdom c) You are Over 18 and Under 65 at the commencement of your loan, and you will not reach the age of 70 during the insured term. d) You are in Full time employment – Some policies define Full time employment as being working Over 16 Hours per week and that you have been in full time employment for at least 6 Months prior to the start date of the policy. e) Pre Excisting Medical Conditions may also Invalidate your Policy f) Some policies may cover if you are self employed.. Check your T & C first though. ** Latest Additions to be added to above (thanks Todge)** 1 You were not in work or self employed at the time of sale 2 You were told that you had to take the PPI out at the same time as the loan or not at all 3 You were not asked whether you had any other insurance which would cover the loan 4 You were not told you could buy PPI elsewhere to cover the loan 5 You were sold a policy which had age restrictions which you fell outside of 6 You were led to believe that Payment Protection Insurance was compulsory 7 You were told that you would stand more chance of getting the loan if you took the Payment Protection Insurance 8 It was not explained to you that there were certain exclusions within the policy that could affect you 9 You were pressured into buying the PPI 10 You paid upfront for the PPI but it was not explained that there were some PPI policies where you could pay monthly 11 Your PPI was an upfront premium and you repaid the loan early and received no refund 12 You increased your loan and the PPI was increased automatically 13 The Terms & Conditions of the small print were not fully explained to you You should in the first instance read through the full terms and conditions of your Payment Protection Insurance Policy. If you do not have these I would personally advise you to contact the Insurer and request these. If you do have to contact the Insurer for a copy of the terms and conditions you will need to know the date that you signed up for the policy, Request a copy of the terms and conditions relating to the policy that they had in place on that date. I would personally always deal with complaints regarding PPI by way of letter, unless you have the ability to record any telephone conversations regarding the complaint. Obviously should you have to take the complaint to court, the more evidence you have in writing the better. Some Interesting Facts Regarding PPI. On some Single premium PPI policies the actual cost for the insurance can be a low as 10% of the cost charged by the lender …That’s a whopping 90% straight profit for the lender.. Plus of course the extra Interest that they will make. Out of all the types of Insurances Policies available ( Car, Home etc) PPI has the lowest percentage of payout in claims, Making PPI the most profitable Insurance Policy currently on the market. Payment Protection Insurance has the highest rate of claims for Mis Selling than any other Insurance policy available. Most policies will only pay out for 12 Months maximum in any 1 claim. I hope this has helped, If you have any queries please do not be afraid to ask for help or advise in the forum. If you find any Interesting information relating to PPI I would be grateful if you could pass it on to me, I’m on a bit of a Mission with PPI..lol Additions to Post 22/3/07.. Reclaim your PPI premiums There's no need to pay someone a fee to pursue your mis-selling claim. By following our guide - and using our letter template - you can right the wrongs committed by your bank or lender. You will find the downloadable letters at the bottom of this page. Here we explain how to decide whether you have a case for reclaiming your premiums, and how to go about it: The background Payment protection insurance generates billions of pounds for banks and building societies and is widely recognised as being routinely mis-sold. The policies are designed to repay a particular debt if you find yourself out of work. We know of many instances when borrowers have been forced to buy an expensive policy as a condition of being offered a loan. {I:1} Do you have a mis-selling claim? • Being forced to buy a PPI policy in conjunction with a loan does not breach FSA guidelines. But the FSA says that fact does not exclude borrowers from making a mis-selling complaint to the Financial Ombudsman, who assesses whether the way the policy was sold was fair and reasonable. Banks and lenders who subscribe to the Banking Code agree they will not force customers to also buy their payment protection insurance, but they can insist on them having some form of PPI. We have heard a litany of complaints from borrowers who say unscrupulous salespeople told them they would not get a loan unless they signed up to the lender's own protection insurance. If this has happened to you, you should pursue the bank through its usual complaints process. If you have no success, the next step is to complain the Financial Ombudsman. • You may also have a case for mis-selling if you have been sold a policy while you are self-employed, unemployed or retired – all of which make PPI void. PPI policies are valid only for people who are employed by someone else and the lender or insurer should have checked your employment status when they sold the policy. • Most policies do not cover you for loss of income caused by a wide range of illnesses or ailments, including mental illness and back trouble, which keep thousands of people off work each year. A lender or insurer should warn you that illnesses like these, and other pre-existing conditions that might keep you off work, will not be covered. • If a lender sells you a PPI policy with a card or loan, it significantly increases the interest rate you will be paying. Lenders are obliged to advertise the total APR so you know exactly how much your monthly repayments – including insurance – will be. If they haven't, you can pursue them for mis-selling. The lender should also have explained to you the full cost of the policy, and how your monthly repayments without insurance would be affected by adding insurance to the loan or credit card agreement. If your lender did not do any of these things, you may have a claim for mis-selling. Additionally, you may have a claim if you have tried to cancel your PPI policy, and have been refused, or if you have cancelled the policy part-way through the loan period and received a smaller reduction in monthly payments than you were expecting. Template Letter 1 [Your address] The Complaints Department [Lender’s address] [Date] Dear Sir/Madam, Ref: [Your PPI policy number] I believe I have been mis-sold a payment protection insurance policy and would like to request a full refund of my premiums, plus interest paid. I took out a £xxx loan/credit card at your […. Branch] on [date] and also bought a payment protection policy which would cost me an extra £xxx over the life of the loan. [The name of the salesperson who sold me the policy is ...] The total amount of my premiums plus interest is £ xxxx. I am [self-employed/work as a contractor/unemployed/retired] and therefore will not be eligible for any payments from the PPI if I find myself unable to meet my debt repayments. Possible additional paragraphs – include the one which applies [Your salesperson knew this at the time of sale but did not point out to me that this would make the insurance policy useless to me.] or [Your salesperson did not check my personal circumstances at the time of sale, which they are under obligation to do. If they had done, they would have realised that a PPI policy was useless to me.] Insurers are under an obligation to ensure that the policy they are selling is appropriate to that customer and clearly, as my employment situation means I am unable to claim on the policy, you have not fulfilled this requirement. I am requesting a full refund of all my insurance payments, plus interest, which total [£ xxx]. If I do not receive a favourable response from you I will pursue this claim through the Financial Ombudsman. Yours sincerely [Your signature] Template Letter 2 [Your address] The Complaints Department [Lender’s address] [Date] Dear Sir/Madam, Ref – policy number I believe I have been mis-sold a payment protection insurance policy and would like to request a full refund of my premiums, plus interest paid. I took out a £xxx loan/credit card at your [branch name] branch on [date] and also bought a payment protection policy which would cost me an extra £xxx over the life of the loan. [The name of the salesperson who sold me the policy is …] The total amount of my premiums plus interest is £ xxxx. When I took out the loan, I was told that my application would be refused if I did not also buy a PPI policy. The Financial Services Authority’s advice to consumers is that, while it does not breach FSA guidelines, a borrower should not be refused a loan if they choose not to buy an insurance policy. Possible additional paragraphs – include any which apply to you [i also told your salesperson that I had adequate insurance cover through a separate income protection policy.] [i said I did not need the PPI as my employer provides a generous illness and redundancy package.] [You are not allowed to make PPI a condition of taking out the loan unless you include the costs of PPI in the quoted interest rate, which you did not do.] [in forcing me to buy this policy, you have also breached paragraph 8.6 of the Banking Code, to which you are a signatory.] I do not believe being forced to buy this policy as part of the loan was a fair and reasonable obligation as I did not need this insurance and said at the time of taking the loan that I did not want it. I am requesting a full refund of all my insurance payments, plus interest, which total [£ xxx]. If I do not receive a favourable response from you I will pursue this claim through the Financial Ombudsman. Yours faithfully, [Your signature] Hope these additions are Helpful.. Ian
  4. 24 points
    For those that have looked at their statements and may be wondering, what can i claim for?, and why are the descriptions confusing?, what about the overdraft interest is that claimable aswell? wonder no more. you can claim for anything which is deemed a penalty charge, which includes: returned direct debits, card mis-use, unpaid standing order, unpaid item, exceeding your overdraft, overdraft interest (see below), total charges (see below) notifed fees Unauthorised overdraft arrangement fees (more will be added as and when confirmation is found) you can not claim for: ATM (cash machine) usage (typically £1), an agreed overdraft fee, anything which is deemed a "service" by the bank (more will be added as and when confirmation is found) Overdraft interest This is the single most confusing part of most peoples claim, and one of the most frequently asked questions overdraft interest is applied to your whole overdraft, however if some of your overdraft is made up from (unlawfull) charges, then a proportion of the interest has been wrongly applied and is therefore reclaimable Example you have a £400 overdraft, you purchase something that day for £200 so now you are -£200 on your current account balance, but on the same day £200 of charges are placed on your account, which means that your current account balance is now -£400 and the bank will charge interest on the whole £400, but as we are contesting that these charges are unlawfull, then the interest should not be placed on the whole amount, only on the amount that you have actually spent, therefore in this example you can claim back 50% of the interest, however these calculations have to be done daily to truly reflect the amount which can be reclaimed, Dont worry, Vampiress has made a spreadsheet that will calculate this for you, you can find it here, but please read the instructions that come with it; Overdraft interest calculator thread Total charges (HSBC) Again this is another issue which many people aren't sure about, total charges are reclaimable, they are a seperate issue to the other afore mentioned charges (card mis-use, returned d-d's etc), and are not simply all of these charges added together each month. so they are also claimable on top of the other charges "total charges" also listed as notified fees refers to the charge they put on your account for going over your overdraft limit, this charge is calculated daily, and they can charge up to a maximum of £125 in one month for this, it is then debited from your account on a set date every month Important! For buisness accounts ONLY the "total charges" include a combination of reclaimable and genuine charges, and you will need a breakdown to exactly know what proportion of "total charges" are unlawful.
  5. 22 points
    Hello and welcome to CAG! There are a few things which are a must for you to do: Read the faqs http://www.consumeractiongroup.co.uk/forum/faq.php Print them out for future reference, believe me you will need them. Start a thread in the relevant bank forum. You will find the banks sections by following this link http://www.consumeractiongroup.co.uk/forum/ Read the threads in your banks forum, this will give you an ideal insight into what you are taking on. A few things to remember: This is your money, it took years for the banks to collect it, so don’t be disheartened to find it takes more than a few weeks to get it back! Ask any questions you feel you need, but please remember someone may have already asked the question, so try searching for the answer first. Its your money, your responsibility, your job to get it refunded. We are here to support, guide and assist. If you are approached by anyone offering to do this for a fee, tell them NO and report them to admin / mod. You can do it, we all had to start somewhere and have been successful. You don’t need to lose up to half your money getting it back and you don’t need to have a degree in law!! A few things you might want to consider: This site is run by good people who offer their time and advice freely, however it costs them money to run it. One way you can help is by getting a CAG email address. Find out more here: http://www.consumeractiongroup.co.uk/buy_email.php You are a newbie, and as you are reading this, chances are another newbie is signing up. So give a little back and support others when you feel ready to. You can do this by keeping your thread updated so others can read, and maybe offering advice to those who are at the stage you have already completed If you would like to donate to the site once you have been successful, then it would be extremely appreciated, especially by those who we haven’t helped yet….because by donating you are helping to keep the site free. Use our links to go to other sites; we currently have links to amazon, u-switch and a general search engine. This really helps. Thank you for joining CAG, and good luck.
  6. 21 points
    Claim No: XXXXXXXX Dear Sir/Madam Claimant’s response to the request for further information We have received a request from the defendants for further information, which they say is made pursuant to CPR Part 18. However it is highly likely that this claim will be allocated to the small claims track and we know part 18 does not apply. The Defendant’s part 18 request suggests very strongly that we have not supplied them with enough information to mount a defence. Despite this they have submitted a very full and complicated defence. We are anxious to be seen to be co-operating as much as we can and therefore we are providing the following information and sending a copy to the defendants. In section 2 of their request, the defendants ask for a detailed breakdown of the charges that have been applied to our account and our account details. We do not understand why they require this information as we sent their clients copies on 7th August and 12th August 2006. We also filed a copy with my claim form which you will find in the court file and presumably the court must have served this on the defendants with the claim form. In section 2.3 the defendant asks why the charges should not have been levied against us, but it has already been explained in the claim, the charges are disproportionate penalties. In fact section 3 of the defendants request makes it fully clear they are aware to the answers to their section 2.3 as they specifically refer to the reasons for my claim. Section 4 of the defendants request; ask for details of our account contract with the defendant. However the defendants are clearly fully aware of the details of the contract, the contract is their own terms and conditions imposed by them with no basis for negotiation. Further more the defendant has purported to rely on upon the terms and conditions in order to implement charges against us. The defendants must understand very well, which are the contractual terms in issue. We are sure the court is already aware of the current flood of litigation which is being brought against all of the major banks on the issue of penalty charges. We can tell the court that hundreds such of claims have been issued at courts around the country, many having been allocated to the fast track and there are at least 10 cases transferred to the mercantile court in London to be heard as a test case. However to date every case has been settled by the banks before going to a hearing, even Barclays bank which is the defendant at the Mercantile court cases has started contacting the claimants and making an offer of full settlement in order to avoid the case being fully heard. The Natwest, the defendants in our own case has settled over 180 cases, many of them for much larger amounts than my own claim. The banks are fully aware of the bank charges issue. The Office of Fair Trading conducted a 2 year investigation into Credit Card penalty charge cases and found they were unfair and unenforceable at law. The OFT also said there was a read-across to banks of their penalty charges. The OFT has urged the banks to comply with their findings. The banks have refused and the OFT in entering into further discussions with them. In the meantime the banks oblige thousands of their customers – very ordinary citizens, to bring court claims which their banks or their solicitors then go on to complicate the process with procedural devices such as the present part 18 request. Only those claimants of sufficient heart and tenacity are eventually paid out in full. We are sure the great majority give up altogether or accept reduced payments. This is the deliberate intention of the banks style of litigation. The banks style of litigation is intimidatory and it is sham. The banks style of litigation would be vexatious if it were not for the fact they are the defendants. The Master of Rolls in 2004 addressed an international conference on vexatious litigation. He told the conference the evil of vexatious litigation was that it undermined justice and was a burden to the public resource. We can not imagine any better description of the result of the banks style of litigation. It really should not be for an ordinary citizen to bear the burden of bringing the banks back within the rule of law. The OFT has the power to deal with this matter and is tasked and resourced to do the job. If the OFT were to seek an injunction then this burden upon the private individual could probably be brought to an end within a week. Yours Faithfully Mod note; thought this was needed. cc Cobbets LLP
  7. 19 points
    Lloyds “Victory” – A VIEW OF THE JUDGMENT There is a massive amount of activity in relation to the recent judgment by District Judge Cooke at the Birmingham County Court in favour of Lloyds TSB. Much of what is being written now on these forums relates to concerns that do not seem to me to be justified based on the actual judgment and the circumstances that lead to it. I am posting this view of the judgement after reading it to try and help other users understand it better. Of course, the analysis is only my understanding and others may have different views which I welcome. It is my opinion that the judgement is of no legal relevance to the legal basis of claims for penalty charges and that its impact is being massively overstated by the media. My comments are related only to the Berwick case. The other case being heard, that of Mr Haughton, was inevitably dismissed because he had not complied with the court’s order to provide a schedule of his charges and the judge therefore had no information about the extent of the charges themselves, let alone whether they were unenforceable. The judgement can be found here: http://news.bbc.co.uk/1/shared/bsp/hi/pdfs/15_05_07_bank_charge.pdf Background: The judge sets out in some detail the basis of the claim, that it is for bank charges, that they are penalties, exceed the bank’s losses, etc. The bank defence is the service defence, i.e that the fees are for banking services. They say that there is no breach of contract and therefore the charges cannot be penalty charges. At paragraph 14 Mr Berwick accepts that the contract is governed by the bank’s standard terms and conditions and that they contain terms permitting the bank to levy these charges and, further, that the circumstances permitting the bank to levy those charges did, in fact, occur – i.e. that he went overdrawn, exceeding an overdraft or had items returned unpaid, etc. This is the crucial part of what starts the judge’s reasoning: At para 14: “I do not have in evidence a full set of terms and conditions applying to the account. The defence refers to a leaflet given to the customer when he opened his account, but does not attach that leaflet”. This is the first issue the judge should have considered. CPR Practice Direction 16 Para 13 states that a party MAY attach documents to his statement of case (Particulars of Claim or Defence) that he considers necessary for his claim or defence. And of course Part 27 (Small Claims) disclosure provisions really do require that we as claimant's provide this document. The fact that the very document central to the claim had not been submitted by either party should have been of much more weight to the judge than it was. I would have expected that he would, in dealing with a litigant in person on the one hand, and a bank on the other, have adjourned the matter and asked the bank to provide the relevant document. The judgment goes on at paras 15 and 16 to consider the text of the Current account charges pages taken from the bundle from Mr Berwick, which do not help much as the wording is couched in terms of fees rather than charges. At paragraph 17 the judge says: “ It is to be noted that none of the provisions I have been referred to contain any prohibition against the customer going overdrawn, or issuing a cheque or other payment instruction which, if honoured, would cause his account to go overdrawn or exceed an agreed overdraft limit.” He also mentions that the bank’s defence denies the existence of any such term. The judge was absolutely rightly highlighting the fact that this was a glaring omission in the papers before him. So much so that he searched the internet himself to see if he could find any such terms and conditions. It is a pity his search was not more successful. The current terms and conditions are here, for business accounts and below for personal ones (I now have copies on my HD just in case!! and will send them to BF if he wishes): http://www.lloydstsbcorporatemarkets.com/legal/tcaccounts.asp#4.%20Running%20your%20account Lloyds TSB - Current account charges The judge even goes onto say, having been unsuccessful in finding the current terms and conditions, that he would have given thought to including them in evidence and allowing Mr Berwick to make comments about them. This is a clear indication in judicial language that if he had seen them he would have included them as part of the evidence before him - in fact he did quote part of the personal terms but it is unclear whether this was from the documents already in the bundle or from the internet but failed in any event to take into account the most relevant passage. Para 18 “I find it therefore ON THE EVIDENCE BEFORE ME that there is no express term of the contract between Mr Berwick and the bank of the type referred to above.” (Emphasis added). This is the fatal blow to the claim that the charges are penalties. The judge then goes onto say that there is not sufficient necessity to imply such a term into the contract. Over the next paragraphs, from 19-23, the judge talks about the operation of bank accounts. At paragraph 24 he says: “It would nor doubt be possible to draw up a contract in which the customer was placed under an express obligation to ensure that there were at all times in his account sufficient cleared funds to meet any payment request authorised by him from that account on the day the payment fell to be made. Such a clause would be onerous for the customer…….” The judge has just identified the terms and conditions of almost all banks – certainly Nat West and many others have exactly this term. Looking at the Lloyds T&Cs (link above) re business accounts paragraph 6.2.1. appears to me to be exactly the same: “You should only overdraw your account with an overdraft limit agreed in advance with your Relationship Manager”. The words “ONLY” and “AGREED IN ADVANCE” constitute exactly the prohibition the judge was talking about. And in respect of personal accounts the judge missed this bit: "We use the balance on your account at the start of the day to make decisions on whether or not to pay cheques and other items presented for payment that day. Please make sure you have enough cleared money in your account at the close of business to cover any payments you have made (or cheques you have written) for the next day. We pay some cheques the same day as they are paid in". This is equally a term requiring that in the proper running of the account there be a cleared balance OR the result will be a charge. This is, although not in as strong terms as the business account terms, a clear provision of the account showing that the fee (charge) will be imposed if you break the requirement of having cleared funds in the account or sufficient left on your agreed overdraft. At the very least it is a sure fire introduction into the argument about cloaked penalties. The term itself sets out that the fee arises purely on the happening of the event, and as such is a penalty or default charge, rather than a "fee". Even if if it is arguable that there wouldnt be a breach of the personal terms and conditions there is a very strong argument to follow the line very firmly stated by the OFT regarding cloaking the charge to make it look like something else. Personally my view is that there is a breach of a requirement by the bank. Note the "Please make sure....." I am convinced that the correct interpretation of the term is as a mandatory requirement. If you are required to make sure that you always do something then you are required always to do it. The judge has specifically stated that such a term would be onerous for the customer. And there they are, in Lloyd’s own terms and conditions – the very sorts of term that Lloyds denied existed in their defence. Para 29 - UCTA 1977 UCTA is dismissed as an argument because the Judge has found that there is no breach of contract. Service Defence The judge then goes on up to para 39 to talk about the service argument and essentially makes points about the “whole range of services” provided by the bank and the fact that such an exercise is simply not possible on the information he has. His evaluation of how one would measure unreasonableness in section 15 is interesting although certainly open to argument. My view is, and has always been, that the penalty charge argument is the correct focus and that suggesting artificially, as the Judge does, that going overdrawn (even in error) is a “deemed request” for banking services, is too fanciful and inaccurate in terms of how banks actually deal with the circumstances leading up to a default charge – sorry, to use banking language – “fee”. Para 40. - UTCCR Here the judge goes onto discuss UTCCR but the discussion is meaningless in the context of the claim because the judge has found that there was no breach of contract leading to the imposition of charges. Conclusion The claim failed entirely because the judge found no breach of contract. In fact the terms and conditions imposed by Lloyds bank DO contain a prohibition about going overdrawn or exceeding an agreed overdraft limit and so, in reality, although not on the evidence before him, the judge would have found that there was a breach of the agreement. The judgment would have been entirely different had the terms and conditions been before the judge on the day. This case shows that it is for the Claimant to prove the claim. That means that you must have the terms and conditions in your court bundle. In fact, you really ought to have the terms and conditions that have applied to your account in various amended forms for the whole period for which you are claiming charges so that you can show that there has always been a contractual term that requires you not to go overdrawn or exceed an agreed overdraft limit. As to appealing – it seems to me that the fact that the bank’s defence denied the existence of this term when it clearly is included in their terms and conditions is a good starting point for the appeal. The judge really ought to have adjourned the hearing in my view and it is a great shame that he did not. As the judgement stands today it is of practically no relevance to the penalty charge argument by virtue of the fact that it was decided against the finding of fact that there was no breach of contract. As we have seen in reality bank’s terms and conditions are drafted such that the charges are imposed in circumstances of a breach of the agreement. So, don’t stop – just be prepared. All the best everyone.
  8. 18 points
    Thank you Kazzie, Night Owl, Broke Dave, Marconi, Nicsussex, Barty and GaryH who will probably lurking around somewhere. I have won several claims, but this one means the most to me, as Lloyds is really my home here at CAG and this has been by far and away the most difficult (but enjoyable) claim. Anyway my thread is a bit long, so to save reading it all, roughly in summary this is what happened: 1. Commenced claim in Dec 06 for £3.5K include 10 years of charges and CI 2. Lloyds paid the 6 years of charges in Dec 06 of £500 3. Lloyds requested stay in Jan 07 4. Stay Granted until Mar 07 5. Judge ordered New Strategy Order in April 07 6. Lloyds in May 07 failed to comply with New Strategy Order even after an unless order and then the defence was struck out 7. June 07 judgement entered for full sum and sum paid by Lloyds TSB
  9. 15 points
    I thought it would be a good idea for anyone who currently or has previously worked for a DCA to have a space to help anyone else out. I know that there are some here who work for DCA's or at least did do. Here is your opportunity to right your wrongs and provide any hints, tips or general information. If you still work there, do not identify yourself and be careful to cover your tracks. My own experience is working for Robinson Way, which I did several years ago. I can tell nothing has changed however, because they're still using the same old two-bit, grammatically incorrect letters. Letters I think it's important for people to grasp exactly who they're dealing with when it comes to RW. The letters literally mean nothing; there is no thought, care or consideration behind anything they send out - it's all automated, generic correspondence and not worth the paper it's written on. Incoming mail is processed through a machine that takes letters by turn, automatically removes the top of the envelope and someone sits at the machine and very quickly looks at the letter. If there's any money in the envelope, it's put to one side and the letter is thrown away immediately (unless it's cash or the cheque has no account info on the back). If it's a more detailed letter (like a CCA request) it's put on a pile and someone who's targeted on how much post to get through in an hour gets to read it. That person is under pressure to deal with it in the quickest way possible and nine times out of ten that means ignoring it. Legality Debt collectors, especially those at middle management level, have a horrendous sense of self-importance, a superiority complex, and consider themselves very knowledgeable about debt. What they often fail to distinguish is that their knowledge concerns the policies of the DCA, not of the law. They have a legal department whose only difference is in name - they are not solicitors and although they have the power to send an account to a solicitor, they will not do so usually. When I was there they had a policy never to take legal action against someone unless they've made a payment to an account through them since payment equates to acknowledgement. Collectors themselves are trained in the various laws that regulate their job but the information they are provided with is minimal and once 'on the floor', becomes irrelevant. Phone Calls Debt collectors are nothing more then inverse sales staff. Their own pay rests on how much money they can make for the company, so their only interest is securing payment. Ignorance of the law and the inability to constantly monitor all staff all the time means many will knowingly pressure customers into paying by whatever means works. The general consensus among staff is that those in debt are stupid, and unintelligent. Ironically, in reality it is usually the debt collector who is the less intelligent one; I was unfortunate enough to work with some utter morons who often just go from DCA to DCA bullying their way through phone calls with the general public. They rarely express an ounce of compassion or demonstrate any sort of conscience - on the contrary, the nastier they are, the greater the boast to their work colleagues. A debt collector on the phone rarely has the authority to do anything with an account except move it to the 'next stage' which means another generic letter. The worst they can do is send it to their legal department which simply results in the same kind of letters but with 'legal department' written at the top. The solution to dealing with RW is to ignore them. Do not speak to them on the phone, and do not respond to any of their generic letters. Write to them and tell them what you want to tell them, and let that be that. If possible, correspond directly with the original creditor. Accounts with RW go through a 'cycle', meaning that they have accounts for limited periods of time and if they've been unsuccessful in collecting debt they return the account to the original creditor who passes it onto another DCA and the whole sorry process begins again. I know a lot of that is going to be known already by a lot of you but I hope it helps regardless and encourages anybody else working for these companies to speak out.
  10. 10 points
    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 customerservice.mcol@hmcourts-service.gsi.gov.uk 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 *
  11. 9 points
    Basic things to remember about this whole process: a) Remember that the three Credit Reference Agencies (CRAs), Experian, Equifax and CallCredit were not constituted by an Act of Parliament. They hold no official Govt. power even though they like to think they do. b) The CRAs are corporations who simply have the technology to store vast amounts of data and have been doing so for years. c) The banks and lenders supply them with information about your accounts not because they are legally allowed to, but simply because YOU agreed to it via your contract. d) CRAs are allowed to hold any data about you that is deemed in the public interest or in the public domain. Things like Bankruptcy Orders and Discharges, CCJs, IVAs, etc. are public information, and you cannot stop CRAs holding this information. You can ask them to mark them as settled, but they do have legal right to hold JUST these on their records because there are actual Laws that allow them to do so, and judges have signed the Orders in all these types of cases. However, agreement 'defaults' do NOT come under those Laws, unless they have been progressed to a CCJ, etc. e) Civil contract details cannot be stored unless you agree in writing. The Data Protection Act states clearly that your account information is personal data and only you have the right to determine who may collate, process and disclose it. f) When CRAs reply with “it’s our legal right” they are talking nonsense. The legal to which they refer is simply the ‘lawful right’ because you gave permission. That permission can be withdrawn at any time according to your rights under the Data Protection Act. You can see more about this in the copy of the Experian letter also here in the sticky section, where thay actually admit that they have no legal authority and that there is no six year 'rule'. g) You are also allowed to tell any Data Controller (a company that processes or stores your data) to cease to process your data in any fully-automated process. The Data Protection Act states quite clearly that this includes processes that e.g. “affect your creditworthiness”. The actual clause is in the template letter. h) If you decide to opt-out of auto-processing, then you may opt back in again later. i) To ask a Data Controller to do anything you want them to do, including requesting bank statements, you send what is called a Data Subject Notice – you are known in the Act as the Data Subject – i.e. the person to whom the data refers. j) Data is anything on computer disk, paper, etc., that can identify you as a individual person. “all 34-year-old architects” is not personal data, but “Mr A N Other, a 34-year-old architect from 16 Acacia Avenue, Anytown, AnyPostalCode” is personal data as it can identify a particular person.” k) Your contract and all transactions relating to the running and administration of your account is deemed your personal data, as these may be subsets referenced by an account number that, in turn, can be linked to you. l) All Data Controllers have a duty to protect your data, and must hold a Data Protection Act licence (issued by the Information Commissioners Office) to hold and process data. However, this licence does not allow them to disclose data without your express written permission – it is a criminal offence to do otherwise, except for reasons of national security, taxation, health, etc. There is loads more on the Data Protection Act specifics and I might edit and add to this post as time goes by. The above is to give you the basics and the understanding of how to use this in the method below. The Default removal method. My contention is simple… 1) Data Controllers (e.g. the banks, CRAs) have no legal right to collate, store, process or disclose your data without your permission, except data clearly in the public domain. 2) But, you give that right to them when you sign your contract – most paperwork includes clauses such as “You allow us to disclose details about the conduct of your account to CRAs, etc….”. 3) That contract becomes Law under contractual LAW…however it is still under the ultimate authority of English Law. Any disputes have to be negotiated or referred to Court for a decision. 4) Once the contracts ends, nearly all the clauses also end. The lender does have some rights to prove monies owed and then pursue them lawfully, but my argument is essentially that other clauses all end, and the lender cannot arbitrarily choose to assume that the disclosure of Data clauses can carry on. This is a proposed change of contract that they are trying to impose and is therefore unfair and unenforcable under the UTCC Regs. 5) If they then continue to disclose data about you to a CRA, they are doing so without your permission, as your permission expired in the termination of the contract. 6) You can then serve them with a Statutory Data Subject Notice asking them to desist from doing so. 7) The Data Controller then has 21 days in which to conform to your request, or write to you giving lawful reasons as to why your request should be exempted. To do so, he would have to prove a legal Statute, a Common Law case, etc… but none exist. So, they simply turn around (especially the CRAs) and say that they have a “legal right”. They don’t…they are simply stating that they believe that they have a ‘lawful right’ under the contract Law that you agreed when you signed the contract. They also use other nonsense expressions such as “under credit law”, “six-year permissions”, etc… There is no credit law permission, and the Data Protection Act over-rules contractual Law when it comes to your rights. The six-year ‘rule’ that they so liberally quote, is them simply getting confused with County Court orders… such as bankruptcy, CCJs, that only a judge can sign. NOTE: Banks and CRAs cannot sign Court orders. 8 ) If the Data Controller fails to show reasonable cause to try and exempt your Notice, then you may go straight to the Information Commissioners Office and ask them to enforce your Notice. You will need to put all the correspondence together with a covering letter. 9) You may apply for compensation, only if the incorrect data has caused you financial loss, or other significant inconvenience whilst the incorrect data was used in a process that affected you. 10) You can also go straight to the Court and issue a Court Claim to ask a judge to enforce your Notice. You will have to pay a fee, but you can claim this back from the Data Controller if you win. You can also apply for compensation on your Claim – again reasonable costs, damages, etc. 11) Damages claims have to be very clear that they caused inconvenience and hardship or distress, so use sparingly. At the end of the day, your primary mission is to remove what you consider is adverse data, not start going off on one for compensation, so stick to your basics first. Finally, a few simple rules, that will help your case appear more professional: 1) Check your spelling and grammar – it is shocking to see some very basic mistakes, and it doesn’t give a very good impression if you make basic errors like your and you’re, there and their, etc. 2) Send ALL letters (without exception) via Recorded or Special Delivery, and keep a copy, and keep the Post Office receipts and stamped labels. They CANNOT argue if you can prove they got the letter. If you fax anything, keep the send confirmation sheet (sometimes called the transmission journal) – press the button the machine to print one. 3) If you phone anyone to discuss the case, use a program like SkyLook (available on this website) to record your calls. Note that it is NOT illegal to record your own telephone conversations – even though the uneducated Muppets in call centres try telling you otherwise. After all, they often record your conversations! The best of British luck, and let’s see if some more wins start coming through – I am working on other aspects of the Data Protection Act and will keep you informed as to how they progress. And remember, that most of this really gets down to who blinks first... they know they don't have a prayer, which is why they are coming up with grasping-straws excuses. Be prepared to take it to Court, or at least the Information Commissioners Office...who knows, we could even end up with a case law in our favour if it went to the right Court. So, to the letter itself… The following was an amalgamation of several previous letters that I had sent for my own cases. This version was written for a friend who is having hell with a bank that adamantly refused to remove a default, and the CRAs involved had written back with many stupid replies that didn’t mean anything, or answer the issue. Within 72 hours of it being received at their Head Office, we received a letter saying that they were happy to remove the default from the credit files, although denied any liability for distress, or breach of duty in relation to the Data Protection Act. The Company Secretary GrabItAll Bank plc Large Ugly Building with nice view of Thames Somewhere in London Postcode [must go to their company registered address!] [Date] Dear Sir, Re: Formal notice to desist from processing or disclosing personal subject data I have recently conducted an audit of my personal credit reports supplied by Experian, Equifax and CallCredit. It is noted that there exists, within all three files, an entry referenced as “xxxxxxxxxxxxxx plc” indicating a former xxxxxxxx Loan (now closed) of £x. This is recorded as “In Default” albeit showing a settlement date of dd/mm/ccyy. I am contesting that xs’ continued processing of my data is an unwarranted act and I enclose a Statutory Notice to that effect, which is deemed served as of the date noted on the Royal Mail's Recorded Delivery service audit. My written permission allowing x to continue processing, or disclosing, my personal subject data was revoked upon termination of that original contract and I hereby reiterate that revocation. I also do not recall receiving any such Notice of Default being served on me, as required by the conditions of the Consumer Credit Act 1974. Unless the Bank can provide a true copy of the said Notice, then I consider that any default entry on my credit files to be wholly unwarranted. However, if you can supply the copy, then I also contest xs’ continued processing on the following grounds. As you are aware, I am afforded principled rights under the Data Protection Act (Data Protection Act), Schedule 1, Part 1 ("The Principles") in relation to the manner in which my data is collated, stored and processed. Of particular note, are Principles 3, 4 and 5: “3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed. 4. Personal data shall be accurate and, where necessary, kept up to date. 5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.” In my case, x is still processing data after the cancellation of the contract, whether or not this is a simple renewal process of the default flag, daily or by other timing factor. As that contract is no longer in situ, then my written permission has also ceased from the date of cancellation. This is confirmed in Principle 2 of the Data Protection Act, which states: "2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes." I emphasise the term "specified and lawful purposes" as in ‘those specified within the contract’, and no more. I also emphasise the term "shall not be further processed". I have taken the matter up with the Credit Reference Agencies, and they had claimed that they had a
  12. 9 points
    best thread in ages. So much useful info. Onthebrink, you'lll never realise how much help you've been. Amazing how someone can have 4 green blobs for less than 100 posts. It's what we all should be striving for. CAG heaven. They should make the scales bigger cause nobody clicks on mine. I think the gingerbread man avatar scares them all off.
  13. 8 points
  14. 8 points
    don't take that too personally - it's meant to be funny! ok, some background - as things have progressed - we have had to move along in our thinking about things - last autumn - dg was making offers before the 28 days were up. earlier this year - dg was making offers before the aq was due. now dg is making offers when they are forced into it by court dates or directions. last autumn almost no one had to do a court bundle. earlier this year a few had to do it. now it is really getting more and more common. a court bundle may be required for a court appearance, the directions from a judge to provide this information or as a result of you having asked for the draft order to be made a direction - if the judge has approved it - the court order needs to be done. this is a good thing!!!! once the court bundle is filed an offer is usually very quickly forthcoming. so we just have to get our heads around it. i was very daunted looking at it and i haven't ever done one - but watching those who have - i've put together a step by step approach. i'll post it here and let those who have actually done it make comments and i can change the directions if they aren't correct in any part. but as i've seen a good few needing this info recently and anticipate many more - here is my court bundles for dummies: a) your schedule of charges. b) your statements showing the charges. Alternatively, the list of charges which the bank provided under your S.A.R (subject Access Request) (only send the statements with charges on them.) c) A Statement of Evidence: (post 55 in the new strategy): New strategy for Allocation Questionaires note here: hsbc uses the service charge defence - so use the first letter in post 55 d) All the statutes and decided cases on which your claim relies. ie, UTCCR's, UCTA's, SOGA, case law, etc. For this, I'd just submit the whole of the Basic Court Bundle. AND AFTER THE LLOYD'S WIN - LET'S BE SURE THERE'S A COPY OF TERMS AND CONDITIONS IN THE BUNDLE. This whole thing runs to around 200 pages and should be done in triplicate: one copy for you, one for the court and one for dg – that’s 600 pages of copying – LEAVE IT UNTIL YOU KNOW FOR SURE YOU NEED IT. If an offer comes in from DG and is accepted you wouldn’t need it. Really leave it until you have to do it to meet the deadline set by the court! here is a link to some t & c's: HSBC T&Cs HERE( let's take it step by step item 1 - your schedule of charges - easy! (making sure each charge has a date, a name from the statement and amount) item 2 - statements (only pages with charges circled) - easy! (if you got your statements off the internet - use them) item 3 - statement of evidence - follow the link - it's the first of the two letters shown there. copy it out i know this is mixed up but try to follow - copy it from the link above the post 55 on the new strategy then it will be called a statement of evidence- then go on this link:Nawanda Vs HSBC (although nawanda was using the statement as amended particulars of claim - the idea remains the same - don't just copy it - make it personal to your claim) she had to do the statement and she did it then there was a bit of comment from garyh - so in the end it is just right - so, once you've copied it out - from post 55 of the new strategy - take a look at that link to fill in the blanks and get it right. item 4 - the court bundle, follow the link - it's a lot of copying. AND GUIDO HAS KINDLY OFFERED THE LEGAL BITS OF THIS IN A PDF FORMAT - SEE POST 45 FURTHER DOWN. also, in the litigation section - you can run a copy of settled claims Litigation Section - View and print out litigation spreadsheets here, also, a copy of all the paperwork between you and the bank since you've started this (but nothing marked without prejudice), also, the t & c's - preferably from around the time you opened your account - we are getting more and more all the time so check here: HSBC T&Cs HERE also, take a look here - this is new and is a work in progress: Document Library - WORK IN PROGRESS and one final note on the whole thing: take a look at how corn flake did her table of contents as it looks pretty good and would be a good reference for anyone doing their bundle:Court date set for 18th June t 12.00 getting worrried now any advice? (1 2 3) post 17. here's one last bit - each party must provide its documents and written evidence (court bundle) in a single bound paginated (that means with pages numbered) bundle clearly marked on the front with the case number and names of the parties. ONE LAST WORD OF ADVICE: CHECK THE PAPERWORK REQUIRING THE BUNDLE - GET IT IN ON TIME - IT COULD BE FOR THE HEARING, 14 DAYS BEFORE THE HEARING, 14 DAYS FROM THE DATE OF THE LETTER BEING SENT OR WHATEVER - READ IT, READ IT AGAIN AND THEN PUT THE DIRECTIONS FROM THE COURT ONTO YOUR THREAD SO WE CAN READ IT. NO GOOD MISSING THE DATE.
  15. 8 points
    Thanks for the support everyone. I've a bit more to add to this now, earlier I was on my way down to Ashton town centre and my moby rang, it showed annonny and I immediately assumed it was robbingscum weigh (LOL!), anyway I put my "I hate you" head on and answered, and low(ell) and behold it was the nice team leader from Trading Standards (quick change of heads!), asked if I was happy with the outcome, thanked her profusely (and I genuinely do not do profusely very often!), and said I was more unhappy that Lowell had banged me with defaults, so she said she'ld pop the appropriate leaflet in the post to me, not being one to miss an oppotunity I told her that I was 200 yards away from the Council offices and asked if she minded if I come in and collect it myself, would save her a bit of time and the postage, she agreed. Got to the Council offices in less than a minute and was told to take a seat as I was expected (WOW!). Anyway she came down with my folder (8 security guards were carrying it! LOL! Yes joking!), huge folder nontheless, went through most of the papers and the final letter from Lowell's and I joked to her that TSB/BLS were next, that they admitted they had no CCA, and that they committed the offence, at which point she jumped in and corrected me. Apparently, if they admit straight off that there's no CCA they don't default and don't commit an offence, they just can't enforce it in court. So one more fight with Lowell Financial to remove the defaults and we're done! I reckon everyon should click my scales! (LOL!)
  16. 7 points
    Debt: We know how hard it is, when you feel that there is no stopping the flow, the banks are relentless. They bounce a direct debit, charge you for it, then the money you had coming in is swallowed up by the charges, and more payments bounce. And there's so many charges that you can never catch up, and you are sinking further into debt. Sounds familiar? There are however steps to make it stop, at least temporarily, and start regaining control. First of all, you should have another account. Then, cancel your direct debits on your existing account. But don't start new d/d on your other account. D/d give them the right to help themselves to your money, however much they want, when they want, it gives them all the power, and you none of the advantage. Before you do all that follows, make sure that your incoming money gets transferred to your new bank from now on. If it's benefits, tell DWP asap. If it's wages, tell your payroll people asap. Set up Standing Orders instead. They work in the same way, except that you call the shots. YOU say when, YOU say how much. Combined with Internet Banking, s/o are the most powerful way to get control of your finances, IMO. Then, this is what you need to do, if you haven't yet. You need an accounts book, just a plain old lined A4 Poundland jobbie will do. From now on, it will be your bible. ;-) I am going to work on the assumption that you have Internet Banking, if you don't, set it up asap, on both accounts. Either way, you need to get a bill for every one of your d/ds. Some companies are already clued on the internet thing and at the back, will give you the details on how to set up online payments. Those who don't, you'll need the payment slip, it has a sort code and an account number, that's what you need to set up online payment, with your own reference number. Sort out the amounts and dates so that they coincide with your incoming money, paying attention to due dates on credit cards and so on. Some companies say they only do D/D and can't accept a S/O. Find a bill and do a S/O anyway - if it's a new product and they'll only accept a DD or they won't give you the product without DD, set it up to get the product, then cancel it and turn it to a S/O*. *WARNING: Some companies charge you a fee for not paying by D/D. These can, and have been, successfully challenged and paid back (see in the Telecoms forum), but you have to weigh up the pros and cons in this instance. However, remember that "saving" £5 a month by paying by D/D could end up costing you £30 + if it takes you over your limit, or pays itself before your money clears in your account. Write down in your book all the reference numbers, sort codes and account numbers, in case you ever need them again. Once it's all set up, cancel the d/ds with your first bank. Contact the relevant companies like insurances and so on to tell them that you are changing banks, and that normal service will be resumed as soon as possible. On things like electricity, gas, insurances and so on, they are usually quite flexible on the payment dates, so you can change the payment date to one that suits you better, make sure you tell them when you phone them. You have now taken the first step to take control of your finances. You will have to monitor it daily, and you will have to learn to juggle around, but it can be done. I am not good with numbers, but if I can do it, anyone can. Now both your income and outgoings are going through your new bank, you are left, presumably, with a previous bank overdraft. That's ok, that can be dealt with too. You need to work out how much of it is made of charges, how much is it you would actually owe if it wasn't for the charges, and take it from there. Remember, once they no longer have first access to your money, they can add all the charges they want, it is no longer a major issue. If the bank tells you to repay the overdraft in full, don't panic. Work out how much you can repay per week/month without leaving you in financial dire straits. Write to the bank telling them that you can not possibly repay the o/d in one go, and that you will pay back £xx per wk/mth/4 wks/whatever until o/d is cleared. Enclose 1st payment in letter. If they cash the cheque, it will be all the harder for them, in the case of future argument, to explain why, if they didn't accept the agreement, they cashed the cheque. You need to say in your letter that this is the best you can do, and if they are not happy with it, they can and should take you to court and ask a judge to decide what and how much you should repay. Oh, and demand that they freeze interest onto the debt until it is paid off. (they probably won't, but it is aways worth a try) Here's the news: The bank doesn't want to go to court on that either, for the following reasons: a) Like the rest of us, they have a duty to mediate outside the court system. If you have made a reasonable offer, a judge will not take kindly to them litigating. b) Depending on what you offered to repay and what your existing debts are, a judge could well decide to award them LESS than what you have offered to repay in the first instance. Because a bank o/d is not a "necessary" debt, it is at the bottom of expenditure, and before a judge decides how much you should repay the bank, he'll look at all your other outgoings, mortgage, food, electricity and so on... Then, on a sliding scale of importance, until it gets to the overdraft... And since you had made an offer of repayment as it is, and kept to it, he is not going to put the bank very high in the order of priority. And the bank knows this. The 3 important things to remember are these: Enclose 1st payment with your proposal. Keep up the payments. Don't budge once you have made your proposal, no matter what they say. In all likelihood, when you win your charges back, they will pay them against the o/draft. Fair enough. Think of it as one less debt hanging around your neck on the way to financial recovery. Thanks to Janet-M for her help & suggestions.
  17. 7 points
    You walk into the court room. The entire room hushes, as the eleven men of the jury all look at you. GUILTY! They think! Judge John Deed scowls… Ech, not quite. People have a very warped sense of what a civil trial is. For a start, unless you’re dealing with very very very large amounts of money, no jury. Second, no court room. You’ll go into a nice office room, with a judge whose job it is to take into account the fact that you are a litigant in person, i.e. a normal bloke or lady who doesn’t have much experience of Law. The “trial” will be informal, involve lots of looking at law textbooks by the judge and solicitors, and at worst you’ll end up with a county court judgement for essentially the same amount of money as the claim (give or take a hundred quid). Since almost all claims include collection / penalty charges, IT IS VERY RARE THAT THEY WILL GET THE FULL AMOUNT OF ANY CLAIM. And, I’ll give you some further hints… a heck of a lot of people who go to court actually winJ And even if you lose, the Judge WILL NOT order you to pay more than you can affordJ And HE/SHE WILL NOT order you to go to jail, or punish you in any way… Just look on it as a nice day out in your local town… it aint as scary as DCA’s would have you believe, and the Judge is really a nice person who generally doesn’t like the Claimant very much. After all, the Judge used to be a law student, and law students know something about debt… and tequila, but we won’t go there!
  18. 7 points
    It serves no useful purpose whatsoever to send any letters to OC's/DCA's once a CCA request has been made! In fact, if anything it will have a detrimental effect on your case! I have been making this point till I'm blue in the face and unfortunately some people on here are giving contrary advice, when they know nothing about the litigation process! Nobody can afford to take a narrow view of a situation once pmt problems start, you have to look ahead from a well rounded perspective. Hence why I say start preparing for a Court claim to be issued from day one! Consider the following two scenarios: A CCA request is sent to an OC. They don't comply either with the 12 w/d . Having been told by people on here to pester the life out of the OC/DCA until you get an agreement or confirmation that one no longer exists, you start firing off letters. Within 2 months (for example) and after various letters you've sent, they provide you with an agreement. Lets for arguments sake assume it's enforceable, they then issue a claim and get Judgment, because aside from a few penalty charges totalling £300, you don't have a case against them, The fact that they didn't provide the agreement for 3mnths, is neither here nor there. So it's all over, they win and you end up paying them forever and a day and if you're really lucky they'll put a Charging Order on your property for good measure! Then there's the second scenario that for some bizarre reason posters dont understand:- The CCA request is sent to the OC and the deadlines come and go and they don't respond, in fact by all appearances the request has been completely ignored, which is great news, it's time to start monitoring everything the OC does! They send all manner of threatening letters and phone calls are being received 6 days a week, on average 8 times a day, all logged of course! You answer the calls, but refuse to go through security and tell them each time they ring to put everything in writing. You don't mention the CCA request on the phone, in fact you don't tell them anything about laws they've broken, you simply carry on making a record of all calls and in particular any abuse you're subjected to. The calls continue for 6mnths and then they stop suddenly. They sell the debt on to one of the lovely DCA's, having still not provided the agreement, but we're not remotely concerned about that! They start bombading you with letters and calls, both of which are much more threatening. You continue doing what you did with the OC. After 5mnths, they issue a Court claim. In your Defence you can confidently state that you requested an agreement 11mnths ago, (which you can prove because you have the g/d slip and it was signed for on ???) which hasn't been furnished. So, the OC has unlawfully sold the alleged debt on whilst being in default of the request and that's for starters..... You have been unlawfully harassed by letter and phone by both the OC/DCA in the absence of an agreement. The DCA has processed your personal info unlawfully under the Data Protection Act 1998, as they had no legal right to do so because the OC had no legal right to sell the debt. There are other offences under the Data Protection Act 98 also, but I haven't got time to list them all! lol You haven't been provided with a DoA, so they haven't proved a right to issue a claim. The NoA wasn't sent to you, so they can't enforce the alleged debt. When they do provide it, (as part of the proceedings) it's incorrect, so therefore unlawful on that basis also. It is a breach of confidence that your personal info has been provided to the DCA, which you can claim damages for. It is also an invasion of your privacy, which is covered by the Human Rights Act (HRA). They eventually get round to providing the agreement and it is enforceable, but it doesn't matter, they can't get round the DoA or NoA, so they're screwed-oh dear! So as well as having a watertight defence, you have a c/c for harassment, breaches under the DPA, HRA and breach of confidence for which you will be seeking substantial damages of course! If it turns out to be case that the agreement isn't enforceable or no longer exists, then both the OC and DCA are in even bigger trouble, as neither of them have any legal right to process your personal info and you have been harassed for a debt that doesn't even exist! I think that damages claim has just increased even more.....! Oh and not forgetting, there is the small matter of the "agreement" not being produced in 11mnths or at all! Which is going to look worse to a Judge, an agreement not produced in 3mnths or 11mnths? And, by the same token what looks worse, an unenforceable agreement (UA) produced after nearly a year, accompanied by harassment and all the other unlawful acts, or a UA produced after three mnths, at which point a claim is issued, which deprives you of the opportunity of building a case against the OC? So it all comes back to the issue of what to do when a creditor doesn't comply with a CCA request and the answer is simple.... do ABSOLUTELY NOTHING!!!! Ignore the advice of anyone who tells you otherwise, they don't know what they're talking about! Sorry its a bit long but hope this explains my approach on how to deal with the process Regards Andy
  19. 7 points
    it works now i think just click the title dca song neilandelaines1stopshop.co.uk
  20. 7 points
    If I can just say one thing. From the experience I have had Dave is a really nice fella and I'm sure there is nothing malicious involved in any of this. It goes without saying that running a forum that has grown to this kind of size is bound to bring no end of complications, and I include in that the problems revolving around the loss over that weekend of Cabot Sub Forum, it can't be easy and I'm sure anything Dave has done has been for the most honourable of reasons and I'd go so far as to say for the best interests of this forum. I don't know him or anyone else particularly, all I know is what has been done to get the site where it is today and that is no mean feat. If I've got any gripes at all it's with some who get carried away with themselves sometimes, be it a Mod, a Site Helper or in fact anyone who thinks they know more than anyone else. We ALL have some qualities we can offer others, even those who think they don't know anything - that's what makes this forum so great. Nobody Judging you, just adding bits to get us all through. It miffs me when we lose people like Seahorse over something quite as stupid as his link (I know the arguments, don't worry,) but so many - and I've been on here 2 yrs now, so many really good people have gone, purely because someone has taken or tried to take the upper hand by being or trying to be smarter than someone else and not prepared to accept everyone has an opinion equally as valuable as another. I'd just like to see a little bit more acceptance by everyone in the upper echelons of the site that some people, like Seahorse make a massive contribution to the site and should be talked to and agreement sorted before it all turns into some kind of naughty schoolboy, slap your wrist exercise which really p**ses people off big time. We're all grown ups and nobody, absolutely nobody is superior, grander, cleverer or better than anyone else who subscribes - we work together and use the synergy to achieve the results we do. I'm a business person and the results achieved on here would impress any business runner. Lets keep our heads and have a little respect for each other..it's the banks and dca's and finance companies that need screwing - not our own family. Sarah
  21. 7 points
    I only discovered this site a couple of weeks ago and have been addicted every day since - the amount of knowledge and confidence you all give is tremendous. I'm not sure if this is the right section to post this but - Yesterday an employee came to me (as HR manager) and showed me a notice of eviction for tomorrow at 12 noon. He explained he would need time off to sort something out. It transpired that he had got into a terrible mess with his mortgage and had just buried his head in the sand until he received the eviction notice. As he lives on his own and is quite a solitary person he had told no-one of his predicament. I managed to get out of him that he had an endowment policy which if surrendered would more than cover the arrears. A phone call to the insurance company confirmed this and within half an hour they faxed confirmation of the amount he would receive. Next thing I did was log on to CAG and after 20 minutes or so of reading I downloaded the N244 form from the courtservice website, filled it in with him, wrote him a letter of support as his employer and affixed the fax from the insurance company. He took it straight to the local court and was told he could see the district judge at 10 am this morning. He rang me at 10.30 to say that he had been given a stay of 28 days to allow for the surrender of the policy to complete. I cannot tell you the relief that man felt - he was in tears. This was all due to this wonderful site. He has promised to make a donation as soon as he has received his funds and cleared his arrears. If this is not the right place for this post please can a mod move it? Many thanks. Ell Enn
  22. 7 points
    In the "Tonight" programme a few days ago, Martin Lewis announced his belief that the OFT "cap" would be set at £12-£15 and that the banks would then only refund the difference between that amount and the amount people were charged. This opinion created a panic amongst reclaimers, thinking that they were about to lose a large chunk of their money if they didn't rush to claim now. This needs a few clarifications: First, this is Martin's opinion. It is not based in law, or insider knowledge. He may be a well known journalist, but it is still only his personal opinion, speculation if you will. The facts are these: a) The OFT is a regulatory body, they do not make law. The only way the law can be changed is through an Act of Parliament. b) The OFT, when they announce the results of their enquiry on bank charges, will only be announcing a level at which they themselves will take legal action against the banks. It is not a cap!!! In their credit cards report of April 5th, 2006, they clearly stated that they could not declare what was a fair or lawful charge, only the courts could decide on this. Furthermore, the OFT also declared at the time that consumers who felt that they had been charged unfairly should go through the legal system to reclaim their charges. There is no reason to suspect that their stance will not be identical this time. c) The law on penalties is well entrenched in contract law. Even if a bank tries to tell you after the OFT announcement that they will only refund the difference between the "cap" (It's NOT a cap!) and what you were charged originally, (leaving aside the fact that such a decision couldn't apply retrospectively anyway ), well, they also told you their charges were lawful, fair and transparent, and did you believe them? Why should you believe them now? d) Bottom line is this: If the bank try to say that they'll only refund you the difference, carry on with your claim. They will still have to convince a judge that what they are charging is lawful, which means they would still have to disclose how those costs are calculated, and they still won't want/be able to do that. Conclusion: Ignore the sensationalism, stick to the facts, and you can't go very wrong. In other words, business as usual, OFT or no OFT report. I hope this helps setting a few minds at rest.
  23. 7 points
    Hiya Guys and Girls, Just me putting in a mention and a copy of the latest letter I have sent to The Lowell Portfolio Group. I sent 1 copy e-mail to Lowell Financial, and 1 copy by recorded letter to Lowell Portfolio 1 Ltd. Here is the letter and I still have had no reply. Mr Nigel Beaven To date you have failed to comply with my statutory request for a true, signed copy of a regulated credit agreement in my previous letter dated 01/02/07, and have therefore defaulted in respect of the above account. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act, 1974 and is a complete defence in any court claim that is issued. It also remains unenforceable until such time as a default is either removed or enforced by a court of law. This means that any attempt by your company to enforce this alleged agreement will represent a further offence until such time as it can be produced in court. As you have been unable to provide me with the requested information within the legal timeframe, it is my belief that you were never in possession of a true copy of the alleged agreement, or of a signed, true copy of a Deed of Assignment. In light of this, I find it astonishing that you have had the audacity to claim for an alleged debt for over this year, without being able to provide any legal evidence that the debt exists, within the time frame allowed by law. The law set in the Consumer Credit Act, 1974 must be abided by everyone; people and companies alike and taking the above into consideration, no court would look favourably upon your failure to provide true, accurate information which I assumed that you already had in your possession, prior to issuing letters demanding payment, these letters must cease whilst in dispute, otherwise these can and will be deemed harassment by letter, which again is against the law. Furthermore, at no time did I consent to the processing by you of my data in any manner which would be unfair or inaccurate, or which in any way would breach The Data Protection Act, 1998. If this alleged debt had been legally assigned to you, then any personal data relevant to the credit agreement allegedly entered into may only have been passed to you provided that my (the borrower's) authority was obtained in the original agreement. FOR THE ATTENTION OF MR NIGEL BEAVEN 2of 2 part However, you have certainly not requested and I have not given any permission for my personal data to be passed/shared/received by you. Please note that I am *only* prepared to communicate with you in writing. Should it be your intention to arrange a "doorstep call", please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Ironically, your failures prompt me to again focus your attention on the content of both the Consumer Credit Act 1974 and the Data Protection Act 1998, the substance of which should clarify your current position, future conduct and direction regarding both my personal data and unenforceable debts. With regard to my personal data and your failure to produce the aforementioned documents, I also require that you remove any reference to this alleged debt from my credit file and request an immediate cessation of any processing of unsubstantiated data to third parties under provision of The Data Protection Act, 1998 & The Consumer Credit Act, 1974. I have also complained to the Trading Standards also the Office Of Fair Trading, and my Member of Parliament about your conduct in this matter and your liability for holding a Credit Trading Licence. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. In the meantime please be aware that I consider this matter to be “in dispute”. Yours faithfully Mr Scouser9 If you find the letter useful please use it yourselves and click my scales if the information is helpful in any way Thanks Keep On The Fight its Your Right Mikey
  24. 7 points
    Right, from the start.... In section G (J if N150) of the AQ, you get the opportunity to add any other information you think may help the judge manage the claim, or make a request for specific orders that you want the judge to consider making. Untill now, we have always requested an order of standard disclosure in this section, as per the AQ guide notes in the templates library. A standard disclosure order, if it were ordered by the judge, would oblige the bank to fully substantiate exactly how its charges are made up and provide costings and documentary evidence, etc. Trouble is, standard disclosure is not routinely availible in small claims cases - it is only usually ordered in the fast and multi-track. Judges do have the power to order it in small claims cases if they wish, but up untill now they have been very reluctant to do so. In fact I'm only aware of a handful of cases in which it has been ordered dispite it being requested in hundreds of AQ's. So now, instead of requesting an order of standard disclosure in the AQ, there is the option of requesting the directions as per the draft order on the previous page. If ordered, this would still oblige the bank to produce all the important documentation that a standard disclosure order would - but, in a form that is far more likely to be agreed by the judge. These directions are already being routinely ordered by some courts in small claims track cases, and it is fairly likely that if proposed most judges would agree to them. There is certainly no obvious reason why they would'nt, as is the case with standard disclosure. So, if you want to request the directions on the previous page rather than standard disclosure, you need to attach the draft order (as per BF's post #2) to the other info section of the AQ. If you have a N150, attach it to the 'proposed directions' section and see my post on the previous page (post #15) for a suggestion of what to put in 'other info'. The AQ will then go off to be looked at by the judge to consider the AQ's and allocate your claim - set the date, issue directions, etc. You will then in a couple of weeks receive your notice of allocation from the court, which will contain the track, the date and the directions the judge has ordered. If the judge has aceeded to your request and ordered the directions as proposed, you will THEN have to submit the claimants documents as per a), b), c) and d) of the order. It is VERY IMPORTANT that you then know exactly what you need to provide and submit it to the court and the other side within the date specified on the order. If you don't submit it, or don't submit it on time, your claim will then be struck out!!! Once you've filed and served your documents, the bank will then have to submit theirs within their specified timescale. Going on past evidance, it is highly unlikely (although not inconcevable) that the bank will comply. They will probably either settle before the deadline, or default and have their defence struck out. As discussed previously on this thread, the other big advantage of these directions is that the defendants documents have to be submitted within 28 days of the order. Therefore, the claims timescale would be considerably shortened as opposed to the standard small claims track directions, which don't require document exchange to take place untill 14 days before the hearing - which obviously in some cases could be months! Hope this helps clarfy it a bit!
  25. 6 points
    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 (next month) and come the date of charging, there would be an entry on my statement that read "CHG A/C 12345678" (12345678 being my account number). Now when I received my duplicate statements having sent an S.A.R - (Subject Access Request), none of these breakdown sheets were sent so I was a bit stuck, I knew that some of the amount charged on these charges I could claim back and some of it I couldn't (because the Royalties charge for example, is a service and is therefore unclaimable). Using my statements as a guide to what level of royalties I had (I have at some stage been on Royalties, Gold and Premium and at the top of each statement it will tell you what type of account it is during that month) I basically deducted the monthly Royalties fee from the CHG A/C charge therefore leaving the amount I could claim back. When setting up your first statement (for your prelim) ensure you add to this any overdraft interest that you can claim back. DO NOT GET THIS CONFUSED WITH 8% INTEREST YOU ADD TO YOUR CLAIM AT COURT STAGE. Overdraft interest is the interest that is charged to your account on a monthly basis when you are overdrawn. This interest is calculated on any amount that exceeds your interest free overdraft (not your agreed overdraft limit). Because your unlawful charges contribute to your overdraft, the interest that is charged against these charges can be claimed back from stage one. On the spreadsheet, enter the date the interest was debited, the amount charged, the interest free overdraft amount and the balance of your account at the time of the interest charge and the spreadsheet does the rest. It calculates the difference between your overdraft at the time and your interest free amount to find out how much the interest was charged against. It then finds out what percentage of your overdraft is made up of charges and adds this to the claim. To explain in layman's terms what the spreadsheet does, if you were £600 overdrawn and had an interest free amount of £100, were charged £50 in charges and were deducted £10 in overdraft interest, the spreadsheet would calculate: Overdraft £600 minus Interest Free £100 equals £500 Charge amount £50 as percentage of Chargeable overdaft £500 equals 10% Amount claimable equals 10% of interest charge of £10 equals £1 Royalties interest free amounts are easy to find out, just ring RBS and ask them! The current amounts are (or at least were when I did mine) Basic 100, Gold 250, Premier 500. Anything over these amounts (whether it is an agreed amount or not) is charged interest. The obvious issue here is Royalties charges have changed over time and it is difficult to pinpoint when they have changed. For the sake of keeping things simple, I didn't bother finding out, just used the current levels and said so in my prelim - the bank can always amend if they want to (which I doubt they will). Finally, you can find a list of all charges and their amounts going back as far as 1993 here. This can give you an idea of what charges can be reclaimed and how much they were at the time of the charge you are reviewing. An extremely useful post!! Had a couple of questions regarding this over pm, thought I would post a couple of them as they may be of use also..... Can't say for sure, but I added to the letter that I was using the current charges at time of writing to them. Note, I believe some ppl in RBS forum are attempting to obtain a list of historical royalties charges. The most likely thing is Loanguard. If you had an overdraft and were somehow advised to take this out then you got caught! This is basically payment protection of your overdraft, is arranged and is therefore unclaimable.
  26. 6 points
    I'm bored with this All the President's Men ****. This isn't some underground car park whispering to bernstein and woodward. It's right here, on open as you've said yourself. Show us your yarbles, that's if you have any yarbles to show... And forgive me but I am not signing up to go public to the SPV or any other fecker who then targets me as some kind of agitator, deserving of full sting. My friend. YMBFJ. No Chance. Give us something proper, something that stands, something that won't get washed aside and something that delivers real justice. Or at least stop analysing us like ants under your superior microscope. Blow the ucking whistle for good and all time, that is if of course you actually have a whistle to blow you gutless wonder.
  27. 6 points
    + SWINE FLU NO ADMISSION PLEASE NOTE DCA's are doubly susceptible due to genetic similarities with both sources of this mutation. If you are close enough to read this notice you are already infected. WHAT YOU SHOULD DO NOW Go back to your office and shake hands with as many of your colleagues as possible. __________________________________
  28. 6 points
    Ive got 97 rep points Will I get another green blob when I reach 100 HINT HINT
  29. 6 points
    Jendoc I am sorry to hear about what happened at your close relatives funeral as are the rest of the site team at CAG. This must have made an emotionally traumatic time even more disturbing for everyone there. So I can sympathise entirely with what happened and appreciate that those memories will stay with everyone for a long, long time. It is not something that I would like to witness myself. I think that, with one obvious exception, everyone here that has posted on your thread at CAG, has gathered round to offer support to you and then to offer advice on what you could possibly do. I also elieve that people should think before they post and that if they have nothing constructive to add to the thread that they should not post. The great thing about CAG, because we are a part of a community, with a common bond, people generally do their best to help others. Unfortunately, on occassion, someone does not. There are sometimes possible exceptions to this however. I am reffering to the following comment: The comment certainly comes across as insensitive and more thought should have gone into how it would be perceived. As in life, we need to choose the people we relate to and whose comments we value. In this case, please believe me when I say that all posters here are upset that someone could post such a comment. Please disregard it if you can and concentrate on the fact that everyone else in CAG is really sorry about the situation you experienced. May I wish you and your family my best wishes for the future at this very difficult time. I hope that one of the constructive suggestions above, provides the solution you are seeking.
  30. 6 points
    DEBT COLLECTION PRACTICE REVIEW. The OFT has published guidance notes [OFT298] in January 2000 outlining the Director General’s views regarding misleading letters and collection charges with relation to licensing persay, and under the Consumer Credit Act 1974. The OFT has duly reminded creditors and debt collection agencies that the issue of documents; Resembling a court summons or other official document. Leading the debtor to believe they come from or have the authority of a court. Otherwise containing false or misleading information intended to obtain payment. May be criminal offences under the County Courts Act 1984 and/or the Administration of Justice Act 1970. Any practice liable or intended to mislead the debtor – whether as to the origin or authority of any document or as to any other material matter is likely to be regarded as deceitful or oppressive or otherwise unfair or improper within the meaning of section 25(2)(d) of the Consumer Credit Act 1974, whether the practice is unlawful or not. It is an offence under Section 135/136 of the County Courts Act 1984 to deliver or cause to be delivered to any person any document; Which, by reason of its form or contents has the false appearance of having been issued under the authority of a county court. Falsely purporting to be a copy of any summons or other process of a county court, knowing it to be false, or to act or profess to act under any pretence of the process or authority of a county court. It is an offence under Section 40(1)©/(d) of the Administration of Justice Act 1970 to falsely present; A document as having some official character which it has not with the object of coercing another person to pay money claimed as a debt due under a contract. An individual to be authorised in some official capacity to claim or enforce payment. It is an offence under Section 40 of the Administration of Justice Act 1970 and Section 1 of the Malicious Communications Act 1988; To harass of debtors with a view to obtaining payment including the issue of letters which convey a threat or false information with intent to cause distress or anxiety. Documents may be in breach of the County Courts Act and/or the Administration of Justice Act even if they do not exactly resemble a court summons or other official document. Documents may not; By reason of their form or contents or both, appear to have been issued by or under the authority of a court or other official body. Mislead as to the nature of the processes involved or the likelihood of legal proceedings. All statements contained in letters and other documents to consumers must be capable of being substantiated in the event of a complaint. Debt Collection Charges There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement. Without such provision, collection charges cannot be demanded as a debt due under the agreement. ---------------------------------------------------------------------------------------------------------------- If an agency claims the right to recover charges under a separate agreement with the debtor, there must be a binding contact to this effect, with legal consideration (ie benefit) provided to the debtor. A letter advising the debtor of a liability for certain charges is not such an agreement, regardless of whether it is signed by the debtor. If an indication of charges payable on default is not included in a credit agreement regulated under The Consumer Credit (Agreements) Regulations 1983, it is not properly executed and will not be enforceable against the debtor without a court order. It is likely to be an ‘unfair or improper business practice’ under Section 25(2)(d) of the Consumer Credit Act if; Creditors or collection agencies fail to ensure that they do NOT recover collection charges in the absence of an express contractual provision entitling them to do so; Debtors are led or allowed to believe that they are legally liable to pay such charges where this is not the case. Any ambiguity in the debtor-creditor agreement as to whether it covers a particular charge, or the permitted amount of the charge is not resolved in favour of the debtor; Collection charges provided for in the credit agreement are levied at an unreasonable amount and/or are disproportionate to the main debt. All these issues should be relevant to questions of fitness to hold a licence under the Consumer Credit Act, whether or not they result in prosecution of the individual(s) or company(ies) concerned. Under section 25(2) of the Consumer Credit Act the fitness of a licensee can be brought into question by the actions of any of its employees, agents or associates, and section 25(3) defines ‘associate’ for these purposes as including a business associate. ---------------------------------------------------------------------------------- This document is © Copyright to David Buckley (diskmandave). This document may be copied freely as long as it is not for profit. No charge may be levied to pass on this document whatsoever. No postage fee may be charged to pass on this document whatsoever. Exclusive licence is granted to Consumer Action Group to freely copy and/or distribute this document on a “not for profit” basis. -----------------------------------------------------------------------------------------------
  31. 6 points
    I think some people should find this useful when trying to get defaults removed, we all know that loads of companies dont even send out a default notice before trashing your credit files, this is from the OFT website and explains what a default notice is and more importantly what it must contain for it to be legal. If a default notice in the proper form is not served, the action cannot proceed. The case that supports this is Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998 Feel free to tip my scales if you find this useful
  32. 6 points
    I've corrected a few mistakes in Mike's FAQs Q. We already do collections and debt recovery training 'in-house' so is there any point in using a firm like The Connolly Partnership? A. This is a good question and one which is frequently raised. We are sure that your in-house training is perfect, and that your organisation never breaches any laws or guidelines, but you may be interested to know what your competitors are up to and the depths to which they are prepared to stoop. This may well lead to you introducing new methods to your business, with immediate results. Possibly even court action. Q. What size group should we train? A. The more the merrier, really. I talk just as much claptrap whether there’s one person or a hundred in the room, so a larger group means more profit. Q. Isn’t this just money for old rope? A. You might think that, I couldn’t possibly comment. Q. Where does training take place? A. In a hotel. I can’t afford my own premises just yet. Still, things are looking up, nowadays I’m using Holiday Inns and Metropoles. It seems like only yesterday I was staying at Linton Travel Tavern. Q. We have an industry regulator? A. Yes. Didn’t you know? One of the key elements to this course is learning what guidelines and rules apply to debt collection. Your ignorance of the law probably explains all those statute-barred debts you’ve been trying to collect. Q. What makes you different from any other training provider? A. I’ve got a speakerphone. Why is that important, you might well ask. Ordinary trainers will stand up and blather on for hours when in reality all you’re interested in is a day out of the office. In fact you’re probably looking forward to the next coffee break and mentally preparing what you’re going to say to that girl you’ve had your eye on since you collected your name badges in the morning. My training sessions are different. Using my speakerphone, we can commit some serious breaches of data protection law, not to mention OFT guidelines, and harass debtors (who let’s face it are all robbing layabouts with no intention of paying back their ill-gotten gains) for our own entertainment. Q. Are the course fees negotiable? A. The fees are set in stone, but we will occasionally add charges to them without fully explaining why. We will also add interest to these fees even though we are not in possession of any documentation which would allow us to do so. You may request that you pay us in instalments, but be aware that we usually jack up your payments after a few months for no good reason other than greed. Should you be more than five minutes late with any payment we will record a default on your credit file, although we will not serve this correctly therefore it has no legal basis. Good luck trying to get it removed, though! Q. How soon can we expect to see a benefit from the time and money invested? A. This can vary from case to case. In our experience, the Information Commissioner’s Office can take up to three months to process a complaint, giving you plenty of time to get your excuses ready. In cases where the Financial Ombudsman become involved, you could see an impact on your bottom line within weeks. If you’re really unlucky, your customer will start court proceedings against you, and before you know it you could be handing over hundreds or thousands of pounds! Q. When could a course take place? A. I’m free on Thursday, once I’ve picked up my dry cleaning.
  33. 6 points
    I have a single PDF with most of the core generic court bundle documentation, if anyone would like it then PM me your email address (I cannot sent it to without this address). It includes the following: 1. Dunlop v New Garage case summary 2. Robin v Harman extract from Keating 3. Murray v Leisureplay transcript 4. Australian Unfair Fees report 5. BBC Money Programme Summary 6. House of Commons Early Day Motion 7. Peter McNamara Transcript 8. Unfair Terms in Consumer Contracts Act 1999 9. Unfair Contract Terms Act 1977 10. Office of Fair Trading Statement It is time consuming trying to locate all of these, when you start to find broken links etc. This does not mean that you do not have to understand the documentation and please do not email me asking questions.
  34. 6 points
  35. 6 points
    If your creditors are hassling you, they may be breaching OFT debt collection guidelines. Are they bullying you into making payments you can't afford? Advising you to borrow, from other institutions or even from your own family, to pay off the debt? Demanding payment in full? Implying that they can send you to prison for non-payment? The document laying out these guidelines are in the post above, in .pdf format. There is also a ready-made complaints form on the Office of Fair Trading's website, in a .doc format. Every complaint is another step towards getting dodgy DCAs' licenses revoked. Don't hesitate! http://www.oft.gov.uk/NR/rdonlyres/B3999175-A9BC-469D-AD5B-BA284DE36E01/0/complaint.DOC
  36. 6 points
    Feel free, the more people who see it the better Not necessary
  37. 6 points
  38. 6 points
    Date Account Number/Reference: Dear Sir/Madam, After recently obtaining a copy of my credit file from Expedia, Experian & CallCredit [Delete as appropriate], I am concerned to note that your company has placed a "Default" notice against an account I held with you. Further to this, I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 cheque to cover the statutory fee. 2. Please also supply me with a signed, true and certified copy of the original default notice. 3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974. I would request that this data is provided to me within the next 14 days. If you are unable to provide this data then I require all adverse information to be removed completely, including any defaults that may have been applied. Please note that mere correction or amendment to the entry will not be acceptable. Yours faithfully, You Please remember to put the cheque in for £1.00! This letter has worked for next Directory and Natwest Credit Cards
  39. 5 points
    Excellent, so MBNA have decided to tutor all of their Call Centre Monkeys to tell us all about Securitisation then! Perhaps the first call may go something like this: Cheers, BRW
  40. 5 points
    pm, me your address and I will send him something if you let me know his interests. I have grandchildren and I would hate them to go through this
  41. 5 points
    Oh Bless ...... Had a call from Moorcroft yesterday eve. As I record all my calls on the computer and I am gathering as much evidence against DCA's as possible I answered it ............. Usual threats etc etc ...... but the Moorcroft chappy annoyed me by insisting that I said something that I did not in a call back in July when they phoned me ...... big mistake ..... quick as a flash I clicked on the telephone call he was talking about and played it to him ....... (still recording the present one of course) ...... oh bless ...... how silent it went when I asked him to confirm he still stood by his original claim regarding what I had said. Infact I must have really thrown the poor chap because when I asked him to confirm his name at the end of the call he gave a different surname completely to the one he gave me at the beginning of the call. So either he did a quick deed poll name change during the call or he was perhaps fibbing to me!!! All recorded!!!!!! Onwards and Upwards Chalkitup
  42. 5 points
    This is what I would send her but hang fire and see if somebody more experienced I'm a newbie here. Dear Mrs Procter. I thank you for your most recent reply in the matter but am surprised that you still persist in denying my request. You have kindly sent me a hyperlink to technical guidance in the matter in the form of a PDF document hosted on the website of the Information Commisioners Office. Since you are so obviously aware of this facility I am bemused as to why you did not send me this much more relevant link from exactly the same source: The website of the Information Commisioners Office. worldwidewebdotico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf If I may draw your attention to the following paragraphs of this technical guidance notice I’m sure you will have to agree with me that this if far more relevant than the vague piece of guidance to which you directed me since this guidance is the correct one to refer to when dealing with the filing of defaults with Credit Reference Agencies and is able to provide much more insight and guidance into the matter in hand Paragraphs 42,43,44 and 45 of this guidance specifically relate to unresolved disputes and again since you clearly acknowledge in your last communication that I have made you aware that I believe I have valid claim to an unresolved dispute in this matter I express surprise that you not only failed to take my claims seriously but actively chose to defend your stance in the manner by stating your interpretation of the situation as fact. You also chose to present to me in your defence that since all your customers sign an agreement to provide accuracy, minimal duty to confirm this data is conferred upon yourselves. This is simply not the case in law as I shall illustrate herein. In your last email you stated the following: If a company cannot provide you with any actual evidence of your initial consent or the agreement, this does not necessarily mean that they have to remove the data from your credit report. Although such failure to provide this evidence in itself does not necessarily mean you are forced to remove the data, such failure is a contributory factor to any judgement made in the matter under paragraph 44 of the above guidance and is likely the single most damaging factor to be taken into account. It is likely that in the absence of any supporting evidence to the contrary the ICO would find in my favour forthwith. For example, if a company can demonstrate that an account was being paid on time for a number of months/years prior to falling into arrears, this is often seen as evidence that the individual concerned must have consented to the terms and conditions of a contract. I see no reference to this “fact” in the guidance. I do however notice that you have used the phrase “this is often seen as evidence”. And state that strangely you use the word “often” when surely if you were acting lawfully the correct word would be “always”? I’m sorry Mrs Procter but this sounds tenuous to me expecially since the ICO seem unaware of this “legislation”. Obviously the lender would have to prove that these payments existed to assert this right. Have you established beyond doubt that this is in fact the case? I suspect not. A company will only open an account if the applicant agrees to their terms and conditions so, unless the account was opened fraudulently, the account holder must have agreed to the standard terms and conditions for that type of account. Firstly terms and conditions are changed regularly and secondly are you now trying to tell me that extensive legislation in these matters such as the Consumer Credit Act 1974 are unnecessary.? If your argument here is true then why have the ICO bothered writing the guidance notes we are referring to here? Paragraphs 42, 43, 44 and 45 are unnecessary , section 79 of the Consumer Credit Act 1974 is unnecessary since you tell me that the existence of an account is sufficient proof that an alleged debt exists? Preposterous! And contrary to not only several laws of this land but OFT guidelines and guidelines set out by the ICO. Therefore, as long as the company terms and conditions specify that they reserve the right to pass account information to a credit reference agency, a period of meeting contractual obligations, or simply opening the account, will often be deemed as evidence of consent to those terms and conditions. These rights are assumed as industry practice and have no basis in contract law. Where a contract exists between the two parties, such contract is entered into in the assumption that any information shared is accurate. When inaccurate information is shared it is the sharer who enters breach and any contract or rights conferred under this contract are void. These rights are not given in perpetuity and are never given in such manner as to allow the data processor to legally publish false information. I am unable to arbitrate in a dispute between you and a company regarding whether they have complied with a specific piece of legislation. I would recommend that you either approach the company directly or lodge a formal complaint with a recognised regulatory body should you wish to take this matter further. This is not a question of arbitration, I will happily deal with that myself. I simply require you to stop processing false information whilst the dispute is unresolved. As matters stand you are far from the middle ground you claim as you are patently siding with one party in this matter. Would you side with me if I offered to sign a statement stating everything I tell you is true or are you simply taking their side for the fee? I have taken this matter up with the appropriate regulatory bodies and have also made representation about the role of your Company in this matter. We do not amend or delete information on a credit report when it is alleged that a company has not complied with a request for information to which the individual believes they are entitled We cannot act unilaterally to remove data from your report. Once in receipt of a reply from the companies concerned I will notify you of the outcome and of any changes made to the information that we hold about you. I recommend you read the guidance which I have supplied you with in the above hyperlink. and take the time to acquaint yourself with paragraphs 39 and 41. Accuracy of a lender’s default records 39 Records Any default record should be accurate. We normally expect a lender to keep records that are necessary to show an agreement exists and to support filing a default. We would also expect a lender to be able to produce evidence to justify a default record they had placed on a credit reference file. Not having any supporting records may indicate a breach of the data protection principle requiring personal data to be adequate, relevant and not excessive for the purpose for which it is processed. A record that a notice of an intention to file a default was sent, if not a copy of the notice itself, will help lenders to comply with this requirement. Presumably when contacting the Company you have asked them for confirmation that an agreement exists? I did and they ignored me because they do not have one. Neither have they provided any evidence to justify placing the default notice on my file. I think it is very important that you ascertain beyond doubt the existence of this evidence since: Under paragraph 41. Credit reference agencies potentially have a defence against action through the courts by individuals who successfully challenge the accuracy of data received from a lender. However, this defence is only available if the agency takes reasonable steps to make sure the data is accurate and, as soon as they become aware of the challenge, takes steps to mark the file accordingly. Records where the accuracy is challenged can be marked as ‘under query’. This marker alone is unlikely to be sufficient to provide protection against claims, including those for compensation. Agencies should therefore ask the lender to substantiate the disputed information within a reasonable time frame, for example, 28 days, and, if the lender is unable to substantiate the disputed information in that time, should suppress the information from the file. You are aware that I dispute the claim yet still choose to publish the inaccurate data. This paragraph clearly states that you have a defence only if you can prove that you took reasonable steps to ensure the data was accurate. You are aware that in the event of litigation since I dispute the existence of such, the Court will require a signed executed Credit agreement and a legally binding copy of the notice to default as absolute proof that the default existed and that therefore the information was published lawfully? Such evidence will become subject of a Section 18 claim under CPR lodged by myself against your Company, not the DCA but your Company and failure to supply these two very important pieces of evidence will ensure that you will have lost the case before we even enter Court. So I suggest that as you are obviously unprepared to help me in this matter at this stage that you look after the interests of your own Company and request from the Company that lodged this default against me a copy of each of the pieces of evidence you will be required to produce in Court. Don’t forget that the ICO expects you to conclude your investigation and conclude your inquiry into the matter within a period of 28 days and that the clock has been ticking for some time now. I will contact you in this matter specifically on the 28th day from that which I first made you aware of my concerns. If I am still dissatisfied with your stance I see no option but to instigate litigation against yourselves under the guidance offered me by the ICO. Of course if you do manage to avail yourself of copies of both a credit agreement and the notice to default I shall have to accept that you are acting lawfully in this matter, obviously in the circumstances I would require proof. Now I would like to refer specifically to Paragraphs 42, 43 and 44 of the above technical guidance in the matter from the Information Commissioners Office. Unresolved disputes 42 Lenders are faced with difficult decisions when considering recording defaults which are disputed by the customer. It is not our role to arbitrate in disputes between borrowers and lenders. However, when we consider complaints, we will conclude, where there is clear and sufficient evidence that a default has not occurred, that it is likely that the lender has not complied with the data protection principle which requires that personal data are accurate. 43 If we conclude that there is a genuine, reasonable and unresolved dispute between the borrower and lender, then we are likely to find that personal data have been processed unfairly if a default has been filed. Defaults filed in these circumstances may also be inadequate for the purpose of credit referencing in that they do not provide meaningful information about the creditworthiness of the customer. 44 These are difficult judgements to make. Although none of the following will necessarily be conclusive, we will take into account these factors. (I paraphrase here for the sake of brevity but shall respond to each question in turn). - Is the customer able to produce evidence that they disputed that a default occurred? Yes. I have several copies and originals of communications between myself and the Company in the matter and I have Post Office receipts to prove that my request for a CCA was made, the statutory fee was processed and can prove that the Company are now out of time in this matter therefore the account is in formal dispute. - Did the customer dispute the default before the lender announced their intention to file a default or after? Since I did not receive a notice to default it would have been impossible for me to dispute the default - What is the nature of the dispute? For instance, does the customer allege that the agreement has been breached, for example, because the goods supplied were faulty, or does the customer simply dispute the amount of the default? ****** Fill this in yourself******* - What evidence has the customer produced to support their side of the dispute? *******Fill this in longer list the better for you - Has the lender simply ignored this evidence or have they produced evidence to support their version of events? They have ignored this evidence and failed to supply any evidence to support their version of events despite a request being made by myself specifically to this end under sec. 79 of the Consumer Credit Act 1974 If we conclude that there is a genuine, reasonable and unresolved dispute between the borrower and lender, then we are likely to find that personal data have been processed unfairly if a default has been filed.’ In light of the factors taken into consideration, there is no doubt in my mind that the case would be found in my favour. And finally from your last email I reproduce the following. The Data Protection Act 1998 stipulates that we have an obligation to ensure that we take 'reasonable steps' to maintain information on our database that is accurate and up to date. ' So you are at least aware of your duties under this Act then? I suggest you re-read this sentence. The Data Protection Act 1998 stipulates that we have an obligation to ensure that we take 'reasonable steps' to maintain information on our database that is accurate and up to date. ' I see that the word steps is plural yet you freely admit that if a customer states that the information is correct then you will take that statement at face value. I can think of no other check you could possibly make once that information is in your domain which would validate the integrity of the information. The spelling maybe or checking the postcodes and house numbers or amounts claimed but by admitting that you take the word of your Customers as proof also admit that there is no exercise of duty from yourselves to ensure that the information has any merit in Law in fact by my own experience I find you particularly resilient to taking this type of action. Unfortunately if we reach litigation I fear that the Judge will interpret this obligation to take reasonable steps to maintain information on your database that is accurate and up to date as meriting more than just a precursory declaration of truth with no further check other than an unsubstantiated confirmation from a third party even in cases which involve serious formal dispute. I suspect that he will request documentary evidence to back up your action and that failure to produce this evidence will ultimately cost you the case. By virtue of me having put the account into dispute and being in possession of much evidence to this effect it will now be for you to prove that the default is valid and in the absence of the credit agreement and notice to default that is going to be very difficult for you. But then your Customers all sign up to your Companys terms and conditions under which they agree that all information supplied to you is to be accurate so unless they have signed up fraudulently the good name of your Company will have nothing to fear from litigation, will have no payment to make in respect of compensation or will have no fear of an investigation from either the ICO or the OFT will it? I’m sure you told me earlier that this was how the law worked. Obviously no agreement between yourselves and your customers that information supplied is to be accurate is a defence in law were I to prove that this default is unlawful, and sue you for libel for publishing false information about me.
  43. 5 points
    No one can help everyone ALL of the time, nor would it be feasible for them to be expected to do so. Some peeps know a lot about a little, others know a little about a lot. Very few peeps know a lot about a lot + the majority probs know a little about a little. But together... Everyone knows everything ALL the time. ...It is just a case of knowing where to look, or who to ask + when to ask. Many Newbie questions have been asked countless times before. Some peeps often wonder WHY I sometimes resurrect 'old' Threads in the BG2 etc. Yep...admittedly sometimes it's in fun... ...But it's ALSO to remind peeps that as well as initially advising Newbies to read + re-read the FAQ's etc etc, they themselves can continue to expand their knowledge base beyond their OWN experiences by reading 'old' Threads in the Main Forums + learning from the trials + tribulations of the MANY capable + knowledgeable peeps who have previously Posted on CAG in days gone by + have took it to the position where it is now. Even those peeps that have been around for a bit, can benefit from constantly reading + re-reading the wealth of knowledge that is out there, both the old + the new stuff. Even if it may NOT be directly beneficial to themselves, they MAY be able to guide someone else there, or remember something, so as to enable them to assist someone to whom it DOES benefit. Each + every day new hurdles are faced + overcome. The 'little peeps' are made to jump through hoops, where the goalposts are forever constantly being moved by the M.I.B. Sometimes it is enough for someone who is desperate + in in dire straits, just to know that they are NOT alone + can be part of something that gives them the strength + empowerment to take the initiative for themselves. ...It is a 'SELF HELP' Website after all Not ALL peeps need their hand holding from start to finish. ...But as the CAG website continues to expand exponentially, peeps will certainly need pointing in the right direction now + then. It matters NOT be that helpful persons Username is Blue/Pink/Green/Red ...Nor that they have 1 or 20 green blobs, or are a Novitiate/Highly Authoritative or Classic/Platinum Account Holder...does it?? The ONLY thing that should, is that they 'helped' in whatever way their knowledge/capabilities allowed them to. A 'Hi welcome to CAG/Congratulations on your Win' is every bit important as an in-depth legaleese PoC/AQ etc etc...IMHO EVERYONE has a role to play + can fill a niche!!! Today's Newbie is Tomorrow's Ground Breaking Pioneer/Consumer Champion of Zillions. ... P.S. ...Anyone object to me referring to this Thread as the Blue Bedsit in future...as opposed to the PP??... (...btw Hopeful1, I haven't forgot about the PM U sent me on 17th Dec...I will reply eventually...I just don't like typing...)
  44. 5 points
    Spot on. We need real debate with both sides represented. For a while it looked like things were going to develop in the CreditToday forum, but the DCA defence seems to have fizzled out. Unfortunately, CAG doesn't attract the kind of people who could rationally argue a case for the recoveries sector. Only the ordinary telephone staff, or people with an obvious ignorance of the bigger picture seem to even attempt it. That's partly because they are overwhelmingly outnumbered and sensible debate involving just a few people knowledgeable on the subject would be virtually impossible. Then there is the fact that many of us here (financial sector employees and debtors alike) who are well aware DCA's will ignore guidelines and even act unlawfully attempting to recover debts which are often already statute barred and/or unenforceable delinquent debt. It's impossible to defend something when they deny it's even happening in the first place. The "third party" agency stuff has brought this situation about. To me, it seems blatantly obvious that if the OC or their 'in-house' collectors have been unable to recover for whatever reason, then a third party purchaser is going to have absolutely no chance at all - unless they are prepared to harass, bully and even go as far as to break the law. If things have got to the stage where someone is unable/unwilling to repay a debt for whatever reason, then they obviously need help and support, not constant 'phone calls and pointless letters full of misleading and inaccurate legalese, even to the point of pushing some people over the edge......and just how often do the DCA's make mistakes????? The Contract is between the lender and the borrower. When things go wrong, the situation should rectified between the original parties with the assistance of the Court, should it become necessary. That's the way it used to be. Passing debts around from one agency to another achieves nothing but misery for ordinary people, and an eventual reluctance to co-operate with any creditor. That's a fact. Selling delinquent, unenforceable debts to "purchasers" for pennies and giving them a CCL is as good as a license to kill, and is a practise which should not be allowed as it's the vulnerable and uninformed who will get ripped off and bullied - along with the taxpayer. As long as these organisations can get away with squeezing every last penny out of ordinary people whether they owe it or not, the practise will continue. Only a large, organised and concentrated effort by a sizeable number of people supported by evidence, will get those at the top to even consider making the Banks go back to doing their own dirty work - and doing things properly. But it's just not "British", and the stigma of debt prevails. There is on this thread, a fine example of why things never change for the better. There is always that blinkered minority who are prepared to fight against common sense and morality using the argument that money and profit is paramount and people are sure to get hurt on the way. Whether it's kids in India working for 2 dollars a week to send texts, or your Gran in Manchester who can't feed herself properly because she's got to pay L---ll* 40 quid out of her 90 quid pension this week - it doesn't matter because it's for the greater good. For whom?? "Only when the last fish has been caught, and the last tree cut down will people at the top suddenly realise you can't eat money". Can't rememeber who said that, but it's a great quote. OK everyone, carry on. *used as an example only, but would apply just as much to any other purchaser.
  45. 5 points
    I had an interesting morning with mercers on the phone. For some reason Barclaycard decided to refer the balance to mercers for collection which considering where inbetween court cases I thought was a bit un called for. I continually told mercers the matter was in dispute and that they should refer it back to barclaycard. Their only answer seemed to be "how much would you like to pay today sir" I did try to ring Barclaycard but did a tour of the sub continent and eventually gave up. In a flash of inspiration I decided to email Paul Haut at Barclays litigation to see if he could help. He was very amiable and he agreed to settle for the full amount. I did have a brief chat with him about the up and coming test case and he said pending that case they would only settle Credit card claims and wouldnt entertain any settlement on the overdraft charges. If hes good to his word this should be the end of this particular claim allthough I have a feeling that Barclaycard have sneaked a cheeky little default on the credit file which will result in a complaint to the FSA in due course and a further 400.00 bill for barclaycard. I have been very encouraged by my sudden aquisition of green dots so I may well turn up at a court near you with me notepad and pencil. good health and good luck to you all.
  46. 5 points
    Nevos, Take a look here. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html PM
  47. 5 points
    youre not intruding i meant as i was on my thread reading your post i may as well update. still not with you on the rep thing Listen anyone, (and im only asking this once just for remus' benefit ) if ive given (good) advice to you over the last few months, click on my scales (under my name - middle button) & give me some rep. there you go remus - bound to come flooding in now i'll have 4 green dots by the end of the week. keep me posted on how i'm doing
  48. 5 points
    You should never speak to them on the phone- that's the first thing..Have everything in writing....First thing Monday morning, send them the following letter with a £1.00 postal order and send recorded...THis will buy you some time...Once they have produced the Original Agreement you're asking them to, then you can write to them with an offer.. THere's no court in the land that will rule that £200 per month is not an acceptable payment...You have to remember that the parasites that work at the DCA's, work on commision. They'll say anything to get payment and boost their wage packet...Send the letter and have a good read around this site for knowledge and advice whilst you wait for them to produce the original agreement... Your Ref: xxxxxxxxxxxx To Whom It May Concern I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee. 2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists. 3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. Yours Faithfully
  49. 5 points
    Hi there, Do not worry about Moorcroft at all. They have purely increased the payment to 'test the water' so to speak and see if you will pay. I would call them ( not very good at responding to post or emails) State you have not agreed to increase the payments and that you wish to offer £XX pm ( any figure you wish but preferably above £3pm. Confirm to them this is all you can pay and that you will forward them a financial statement to support this . All you then need to do is send in a financial statement to them and confirm the offer of payment. If you say 'I will pay the first payment by switch today over the phone' even if its £5 they will want to take it as it counts for that indivduals ' figures' and they will also change your agreement there and then as they want to ensure that your payment shows on their stats!. Its all about bonus with people there. They get bonus on 1)amount of switch payments i.e how many switch payments not amount 2 ) how many INCREASED offers they have managed to get out of an individual ( you will often find they try and increase your payments by £10 pm or a min of £5pm to get good figures. 3) they will also tell you, you have to pay up in 2 weeks as anything over that does NOT go on their stats. Them Stating "another letter has arrived saying that as I haven't paid in accordance with their letter of 9th January then they will be taking legal action unless we make payment of £80 immediately!" Is RUBBISH. Basically if you cant pay it, You can't pay it. When you do call 1) Do confirm your basics etc to them so they can speak to about the account. 2) Do not give out any phone numbers and dial using 141 as they will take your number if you dont. 3) Do Not confirm if you are a homeowner or Employed as they will ask you this. 4) They will say pretty much straight away after confirming you details ' So your calling re XXXX account with an outstanding balance of £XXX .We will require full payment today to prevent any possible legal action.' This is a ploy to scare you...ignore them. If they say You WILL be taken to court ask to speak to a manager immediatley as they cannot threaten you with this, They are only allowed to say 'POSSIBLE' legal action etc Any thing else just ask but all in all you just make an offer and send in a financial statement that shows this is all you can afford and they have to accept it. If I have been helpful just click the scales to the left hand side...and Good luck
  50. 5 points
    Ive just written a long letter to the solicitors acting for a bank I'm suing in reply to their offer to pay me just under half of the amount claimed. They raised the service argument. The points that seem relevant to me are: 1. The bank has never referred to a service or a service charge in any of its letters to me or telephone conversations regarding charges in almost 15 years of banking with my bank. I have always been told that they are default charges applied automatically. (Heck some bank staff (including the famous Stuart Higley of NW fame) are still saying this in letters to forum users to this day). The service argument has only arisen now that these disputes have reached the desks of the bank's lawyers. This shows the bank's position for what it is - a means to disguise the penalties as service charges. 2. My bank's T&Cs do not set out clearly for any consumer what services might be provided to a consumer where events of default occur. Those terms will therefore be construed in favour of the consumer and not the bank. 3. The charge leaflets said to be part of the T&Cs do not describe or label the charges as service charges and again this uncertainty in the T&Cs will be construed in favour of the consumer. 4. The charge leaflets make clear that the charges are payable upon the happening of an event of default. The liability to pay the charges arises immediately the default occurs. The charges are not expressed to arise as a result of the provision of a service subsequent to a default, but immediately the existence of the default arises. 5. Pragraphs 1.19 and 4.21 of the OFT report on credit card charges. The OFT rationale applies to bank default charges and the bank is seeking to disguise them as service charges. The UTCCRs are concerned with the intention and effect of contract terms - not the mechanics. So it doesn't matter what the banks call the charges. If they look like penalty charges then it is more likely than not that they are. 6. The comments made to the treasury commitee by various of the head honchos from the banks. 7. The bank will have to give evidence of exactly what service is provided, how, by whom in respect of each and every charge - when we know that the fees are applied automatically and immediately - and we know that some banks have already confirmed that they don't keep any records of any manual interventions. 8. The parts of the Banking Code referred to by Spiceskull Don't forget that in the civil court the standard of proof is "more likely than not" - "on the balance of probablities" - so there is room for doubt. Is it more likely that the charges are penalties or service charges? If we can see through it the judges definitely will. I reckon that just about does for the service charge argument
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