Help. I issued a court claim against Amex for not providing a valid CCA, several months ago and in an attempt to remove the default they put on my file. In return, they have sent me an application form without all the prescribed terms and the default notice is defective (not clear 14-days). I have argued with the solicitors of Amex and after some long letters with the solicitors of Amex, they are finally trying to strike out the claim I issued and claim all their costs against me. I have made a F&F offer to settle and drop the case - looks like I am losing this battle, so any thoughts welcome. Any advise, what I should do - please help as I am worried. Thanks

Hi I got back £600 today by letter (over two properties). I am now considering legal action for £7-10K in repossesion fees. They did not negotiate or consider the alternatives, I ended up re-mortaging with Blemain and SPML cowboys. I could make a massive claim, in that I was forced to re-mortgage, when infact it may not have been necessary. Any thoughts ???

HI Caggers, Just received two letters for two seperate mortgage a/c's previously with GMAC (back in 2004/5) on property I rendted out (ex family homes). They have offered a total of £600 refund. I fell into arrears due to bad tenants and my company suffered post-MG Rover crisis. However, both my properties went into the hands of administrators/ receivers and were almost sold off at auction. At a last and desperate attempt I managed to re-mortgae, and save them from auction, literally 10mins before the hammer dropped. It was only the kindness of a lady at the receivers that moved my property down the auction list, pending funds being received. These were my family properties and I was desperately under pressure to save them. I tried to negotiate with GMAC and they were having none of it !!!! In fact their appointed receivers took circa £7-10K in fees !!!. Reading the GMAC apology is like dick turpin coming back to pay the man he robbed !!! Who knows this £600 may have saved the properties !!!!!!!!!!. I am so angry & fuming now, that I may consider bringing a legal case against GMAC for a full refund (inc £7-10K), plus all the expenses and charges I incurred in re-mortgaing, when according to the FSA announcement they should have worked to negotiate with the customer. Also, as my credit was somewhat adverse, I went to the cowboys (Blemain Finance) and London Mortgae/SPML. Does anyone share my view in bringing a case ????? Please some feedback. Thanks :-x

Hi Guys, I have gone through the CCA process since March 09, and now ave all the debt collectors chasing me. Bank of Scotland have acknowledged that the debt is unenforceable, but DCA stiil chasing, although its gone very quite lately. However, all 4 creditors have trashed my credit file (defaults) and it has caused me very serious problems as I am a co.director. Could not even get a bank a/c open, which was seriously embarassing with my co-directors!!! Any way, I have checked all 4 D/N's and all are defective in that they do not provide the clear 14-days! So, I have initiated court action against the creditors to remove the data. All of them have sent the AOS with an intention to defend. My CCA process started in March 2009 and I was defauled July/Aug. Has anyone had any experience in taking them to court. Is my defective default a good case for requesting its removal ? Will the court say why it took me so long to bring a case ???? I have also written to each (seperate to the court action) making a 10% offer to settle on the conditon the default is removed. Thanks for any feedback.

Hi, I have today started x3 on-line county court claims against : Bank of Scotland (x2) and American Express. Both failed to comply with CCA1974 request and continued to process data. A default was registered, but without the clear 14-day period in all three cases. On this basis I have issued all of them with a county court claim to remove the defaults immediately. I have also written to them asking to re-consider removing the defaults unless they want to attend court. Has anyone done the same and suceeded or has any comments to add ????? Please need advise. Thanks

Hi, sorry to step in but I have an issue as I have been told today by a factoring company that I cannot be a director or a shareholder of a newco that we are setting up. This has come about because over the last 6-mths I have challenged the banks with CCA 1974, and Bank of Scotland have admitted they have no agreement. Unfortunately, they have recorded defaults along side others. Do you have any experience or knowledge of this ? I am not sure if I can even get a bank a/c Thanks

Hi can anyone help. Barclays have defaulted despite failing to provide an enforecabale CCA. Do you have any legal grounds to get it removed ???? Thanks

Hi, Many thanks for the reply. I am trying to set-up a basic account and hope there is no problem. We do not want an o/d etc just a basic facility. I have really bad credit (defaults) as a result of the CCA's. All my personal credit cards are in dispute and defaulted. We are trying to open a limited co. bank a/c, but was really worried as I dont want my co-directors to know about my CC/defaults. My co-director has good credit (he does not know I know), so hopefully Barclays will look favourably. Thanks

Hi, did you get anywhere with opening the business a/c with a major bank. I have terrible credit rating due to defaults etc, but we are selling our limited business and as such a new a/c will be needed, but transactions will be big ! Thanks

Hi, the address for correspondence I used was Card Services Pitreavie business park Dunfermline Fife KY99 4BS I did not write to an individual, but my final letter was signed by Anne Gartshore. I would not worry to much as I said, they will cave in. Do a CPR 31.16, this will force them to reveal all.

Cool, we are both winners. Did you get the default removed???

Hi, I believe it is done just after summons etc has been received. But it makes no difference so I just went for it before court. I used CPR31.16 to force them to reveal their cards beforehand !!!. This really means they have to tell or it could jepordise your defence.

Hi all, Followed the usual templates 12days plus etc. Then did a 'do not acknowledge debt' etc. A few letters between Bank of Scotland and me and I finally issued a CPR31.16 and they caved in !!!! Received letter today saying that cannot find my agreement from 1998 but I signed the application form ! They were satisfied that the terms were on the reverse of the application form ! They say, while we try to locate the agreement (guess never - cos they have had weeks), we will NOT be enforcing the agreement !!!! They say a contract still exists, but they realise they are prevented from seeking enforcement through the courts. So that's it as far as I am concerned. No £8,900 debt !!! Find the agreement or go away !! They have refused to remove the default, but that is flawed anyway as they only allowed 10-day and not 14-days. But I am going to allow the poor devils some breathing space !! before I hit them again !! To be fair to them they did not pass mattes to debt collectors etc. They have dealt with dispute. So at the moment my £8,900 debt is stalled !!!!! until they find the agreeement. good luck BOS !!!!!!!!!!!!!!!!!!!!!!!!!!!!

Hi, not sure, but allowing a couple of days. Its still not the full 14-days and that was bank holiday week as well. Thanks Slybeth4.

Hi 42 Man, Attached is the default notice. When you say £58.35 is all I need to pay, does that mean the original balance is no longer valid, or do I have to wait for an actual termination letter ???. Iam not sure exactly what date the letter arrived but even allowing two-days, they have asked for £58.35 on or before 12.4.09. I have CCA'd them etc, but no reply and then the default notice. Also, done a CPR on them today. Thanks, Slybeth4. BOS default.pdf

Hi, do not panic at all. I have huge personal debts and £250,000 owed to the Inland Revenue for my company. You need to get to grips as this site will help you through. Bailifs can only take action when they obtain a court order. How old are your credit cards ?? If they are old the I would go down the CCA route and not pay them a penny. I claimed £22,000 last year in unfair charges and now not paying a single penny. Told them to go away until they can prove with a valid CCA. Please take it easy, honestly, your situation is a quarter of mine and I sleep really well at night !

Hi, Wrote to Newmans and told them a/c was in dispute etc. They havetaken the time to formally reply in that they are OK, with genuine disputes but will not protect "wont pays". Then there was some nonsense about the CCA copies etc. So drafted a very strong letter and said I have lodged a complaint with FOS (ref PPI matter) and that the a/c is in dispute for failure to produce a valid agreement. Told them that I have issued a CPR31.16 formal request to their client Amex. Hopefully this will shut these cowboys up ! To be honest, having read the various sites, I feel I can challenge anyone. My actions are simple : 1. Letter - request CCA x 2 (Max) 2. Usual nonsense reply, 3. Send formal 31.16 request, 4. Keep all documents in an orderely manner. Don't negotiate or be intimidated. 5. Recorded post only. Did this last year and got over £22,000 in unfair charges back !. They can make as much threats as they like ! Next time I will send them a whistle !! Thanks

:)Hi to all, This is got to be the best site in the world !. It actually motivates you to undestand the law and HOW it can protect you against these vultures !! Remember we own them !! Last year I clawed back over £22,000 in unfair charges. Stuck to my guns and got every last penny !!. This year I am using the full force of the CCA and CPR rules against all creditors. In the meantime, got an intersting default from Bank of Scotland ! It reads : Default Notice issued etc etc Actual Date of letter / notice : 02-04-09 To remedy need to pay £58.35 before 12-4-09. 1 / To any CAG experts, does this render the default invalid. No 14-days allowed ?? 2 / The amount owed now stands at £58.35 and not the full amount of £1,744. 3 / Can I use this when and if the matter goes to court i.e. no CCA and invalid default. Thanks

Hi. I have issued a CCA to all my credit card companies. In the meantime, I had written to the companies and made a reduced offer to make a payment, due to a change of circumstances. Natwest have replied today and agree to freeze the interest etc, but have issued a default notice on a £4K card. I have 17-days to pay or face a default. When I receive my reply to the CCA and hopefully I can dispute it, can I challenge the default entry ?? or is it too late ???? Please advise. I really want to avoid a 6-year default. Just got the last 6-year one removed. I also think the 6-year is unfair and this group should challenge this. Some people get less than 6-years for serious crime inc murder, robbery etc.

Hi everyone. These guys are loan sharks ! My interest payment has not changed for the last 5 months. When I ask them they say we are not linked to the bank. Some nonsense. So I am going to Sc**W these boys. Can anyone help. The loan I have with them is a commercial type for 93K and not a mortgage. So can I request a CCA etc from them and then find the flaws !! Thanks

Hi Dont worry I had the same situ with MBNA. I had two cards which they suspended some 2/3 years ago. However, started the SARS and got an offer which was half what I asked for etc. I then sent out the LBA (letter before action) and after which they settled in full including 8% interest which I was not expecting. My claim has cleared all the o/s amount on the card and so I can finally rid of MBNA. A couple of tips which may have worked for me : 1. Recorded delivery is a MUST !, 2. I try to personalise my letters by underlining the final line i.e. THIS IS YOUR FINAL OPPORTUNITY TO SETTLE etc etc. In Bold. 3. I also quote that their competitors have settled in full, 4. I keep a schedule in excel of the exact dates etc Good luck !!!

Hello Sorry for delay in replying. The paid up the actual charges in full (no interest) which I was OK with. They are good just pursue them and they will pay up. Regards

Hey Morgan Stanley have paid up in full. However, very professional in their response and it was prompt. Paid up in 6 weeks from start to finish. Thats £859 in my bank. Thanks Morgan + Stanley (or is it Ollie !!!) Hey ho !!

Hey folks The one company i wanted to screw was MBNA because of their attitude and charges. Today after a couple of letters they paid up in FULL including 8% interest. I will now have a beer to celebrate £1,200 in my bank.

Hello Hope this helps. I have had lots of dealings with AIC. Basically, they are bullies and tried to stress me out. So a few months ago I wrote of for my SARS from the credit card company and identified over charges. I then phoned AIC and said that I was no longer paying them as the account was now in "dispute" and they accepted what i said. I wrote to them confirming the conversation. For two months they have gone away !!! Regards