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  1. This topic was closed on 03/08/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. hi - have today received a small court paper saying the defence has not been taken into account? what does that mean will this now proceed for the sull amoutn and costs - that is what im thinking it means on the court form? this seems unfair if we are contesting teh charges - what happens now?
  3. may seem really dumb to ask but whats a CCA? I have various debts and have read about these but what are they and what importance do tehy have on debt? thanks
  4. Hi would they seriously get a charging order ona debt thats under 3K?? The form you state above is just a blank form where you apply to the Court for something? is that up to me to fill in that i want a time order application? Since we got the solc letter and copy of their Allocation questionnaire i have made another payment of £125.21 so their claim should already be less? should i still be paying this or when we get a date for court do i highlight this then? I really dont want to attend court would i be able to do an income/expense form and write my own letter of defence so i dont have to go? I tried to reclaim from Lloyds TSB for my business bank charges (sole trader) but they said we couldnt get anything back from them, i have written twice to ask. I did get some cc charges back from capital one and the bank im with at the moment (nationwide) is a basic bank account and i recon they have had a good few thousand over the last 6 years in charges - same with Lloyds for a basic personal bank account - should i be claiming these back too now even with the stay? thanks
  5. Hi can anyone advise please? also i dont see why i hae to pay their damn costs i HATE RBS, ok we reuested to get the OD raised on several occasions but it didnt take a rocket scientist to see that we were struggling - surely this is also irresponsible lending !! thanks
  6. Hi, can anyone please give me some advise? When I was self-employed a few years ago and the business was struggling I was upping my personal RBS overdraft every few weeks, the total went up to around 4K. My business folded and I was left with numerous debts, business and personal. One of these was the RBS personal account overdraft. They, of course, were adding interest and charges on top of this, I put in a claim for the charges which equate to around £2,500.00 but pending the decision this claim is on hold. I was paying token payments towards teh rest but these were intermittent as my OH employment was sketchy and we paid as and when we could afford. The upshot was that they took us to Court or nearly £6K which is the overdraft including costs and interest, we filed a defence admitting to part of the amount (we have never said we didnt owe some !) but a defence where we challenged the £2.5k in bank charges. We were sent an Allocation Questionnaire which we filled in asking for time to try to settle etc. yesterday we received a letter from a new solocitors acting for the bank, They do not want ime to settle and now ask for the case to be heard in the small claims court. they have also added this is on the completed Allocation Questionnaire:- Further to the contents of the Defendants Defence, the Claimant requests that Judgment be entered in the admitted sum of £2993.40. As the Defendant has a claim against the Claimant for bank charges applied to his aco****, the Claimant consents to the remainder of the Claim being stayed pending the final determination of the Test case in the Commercial Court - OFT v Abbey National Plc and others (2007) Folio 1186. Questions:- I have been repaying this at £125.21 per month and asked forthis to continue on my Allocaton Questionnaire - do you think this will be accepted. What about the charges - once the test case is decided will i get this 'written off'. Do i iave to attend Court if it is decided the correct track is small claims? Thanks:confused:
  7. What is the serving address and reference for Capital Once - I assume the reference is my card account number? Which address for serving on moneyclaim??
  8. So basically do i ignore their offer as its over 14 days since i sent my LBA. And just go on with the N1 or moneyclaim online?
  9. Ok - just to clarify sent my LBA - they responded with the letter saying they would only charge me the £12 per charge - offering a refund of £361 on a claim for the refund of £943.00 - Do i ignore this letter and proceed with my claim in court or write to them accepting the sum of £361 as partial settlement and then continue the cliam for the difference of £582 plus costs plus 8% interest ?? Please help!!!!!!!!
  10. Ok so should i write to capital one accepting the £300 odd quid as partial settlement - give them some time to pay the remaining £600 odd quid and state that if not received then i will proceed with court, interest and costs......... - say 7 days and if they dont pay up the rest do i do a claim for the full amount if they havent sent me the money partially offered ( they want me to sign an agreement first before they credit the money back as full and final settlement)or the amount less what they offered even if they havent paid it to me yet? - sorry confused
  11. hi karen - so what form do i need to complete - and what should the contents be? im sorry to be a pain but im a bit stumped here. Would i go to local magistrates court or county court? can you send me a link to the form and contents? thanks a lot dotty x
  12. Hi all - I sent the letter before action on the 12th August 2006, requesting the amount of £973.00 back - the letter i got today offers me £361.00 - a difference of £612.00 - so their time was up on the 26th August 2006. If they would have offered me maybe 2/3 of the sum i may have been tempted to accept but not a third!! What do i do now? Would i be better to ask for more back and tell them if they dont pay up a larger sum i will take them to Court or just go for it? Only problem is i dont have a credit or debit card to file the claim online? dotty x
  13. Hey everyone - update - received bog standard letter today from Capital One - my original claim is for about £900 and they have offered to reduce all charges to the £13 - therefore offering a refund of £316.00 - this would clear all my capital one card but as i state above its about £900 short of what they have charged me in total! Whats the next step? Has anyone settled for this , pushed for more or just gone for the whole lot? If i am to proceed whats the next step? Does anyone know which letter i should send out? dottyx
  14. Hi - ok have worked out claim without interest - the thing is they owe me in charges over £930 but my balance is only about £320, I am currently on a DMP just starting with the CCCS aswell - if they do pay up will they pay off the balance owed on my card and then send me a cheque for the rest - I am going to sent my letter before action out on Monday requesting the amount back - what are the chances of them settling?
  15. Received all statements, now how do i proceed? Do i ask for just the fees or do i add the 8% interest and ask for all that aswell? PLEASE ADVISE ASAP thanks dottyxx
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