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  1. Hello, Im hoping I can get some advice on this situation as it's crippling me! Not used CAG for a while so please accept my apologies if I'm in the wrong area. I had/have a Halifax One credit card which I ran perfectly until late 2011. My finances took a huge turn for the worse, something had to give and I was unable to pay the bill for two months. In the third month I contacted Halifax, went through a statement of means and was offered an arrangement to pay totalling £40 a month. I made the first payment by debit card and set up a DD for the others, which have been paid religiously every month since. My account (without my knowledge) was immediately passed to Apex Credit management, and since March 2012 has had a default code 8 registered every month since. I've tried looking at the ICO guidelines on defaults and as far as I can make out the definition of a default is 'a breakdown in communication', which seems odd to me as the first 8 was recorded two months after I'd made contact and a month after I'd made the first payment. It also states that the standard practice time lapse for the application of a default is six months? At no point did I receive notice of any default action and at no point was it explained to me that my account would be moved to a third party. It was defined as an 'arrangement to pay', and that's subsequently what I thought it was until I looked at my credit file three days ago. What I'd like to know is; Should an arrangement to pay notice not have been logged on my credit file and should I not have received notification that my account would be defaulted? I'd NEVER have entered into the agreement if I'd known - I'd have begged or borrowed to get myself out of the situation but this was offered to me under the guise of a way to help then seemingly thrown out of the back door to a debt collection agency.... It's hugely frustrating as I'm in the process of trying to get a mortgage and every other aspect of my file looks great. It's as if I'm being held to ransom by this one issue. I've contacted Apex, who told me that they only administer the account and pass information back to Halifax, who in turn update my credit file. Twice I've been promised a phone call back which has never materialised, so I thought it might be worth trying to get some advice on here. Surely this can't be standard practice? Is there nothing I can do about it? Many thanks for reading
  2. Thts great, so just get hold of as many as poss and put them in, is it worth stickin in those two old letters i mentioned regarding returned DD's dya think? Just out of interest why does it not matter much in my case?! (not that I'm paranoid or anything!!!) Oh yeah, Its Woolwich County Court, London G.
  3. Thank you for that. So I now know which statement to use, the only other thing thats left now is regarding terms and conditions, I've been reading a lot of threads about these and have heard a few conflicting opinions(some people here have been advised not to bother but I'm sure this can't be right?!) i've been going through old bank papers and I've found a couple of things; 4 different letters relating to increses of Credit Zone overdraft facility which have Overdraft Limit T and C's attached, they are dated; may 03 april 04 july 04 mar 05 jun 05 the only problem is all of these letters refer to 'enclosed terms and conditions ' leaflets........which I don't have(at least not the ones that relate to that specific time) I've also found a couple of letters from mar 02 and feb 02 informing me that DD's have not been paid and that I'm going to incurr charges. Regarding old bank paperwork thats all i have, should I chuck it all in? Or do i just go on the N west website and download current T and C's and leave it at that. This is I think the issue I'm most confused about as I'm claiming for two N/W accounts in the same claim and over the last 6 years there have been periods when they have been Advantage Gold Accounts and periods where they haven't. I suppose in a nutshell I'm asking whether I need to include T and C's for both types of account that cover every year that I'm claiming for.......if so I don't know how the hell I'm gonna get em!!!
  4. Sorry!!! Was in a bit of a rush yesterday and didn't read properly!!!! Well there's a lesson learned......I do have another question though, where it states that you should make the bundle applicable to your particular claim, ie the grounds on which your bank are defending the charges, I'm not entirley sure how Nat West are defending them. I've been through the defence posted by Cobbetts on behalf of the bank and the only thing i can find is this; '.............the charges amount to payment for services provided by the defendant and the adequacy (or otherwise) of consideration paid under a contract for services is not an issue to be judged by reference to principles of fairness under the Regulations.' Could this be it...? I hope I'm not askin the bleedin obvious again but I'm gettin more and more confused.
  5. Hey Guys, Received court date today and Draft directions have been made into order!!! Only thing is I now need to get everything together before 18th June........I know there is info re court bundle on here but I was hoping someone could go through EXACTLY what I need to provide IN ADDITION TO THE BUNDLE.....I'm being thick i know but I don't want to screw anything up as its gettin close. Any help MASSIVELY appreciated!!!! G.
  6. Hi Guys, I'm claiming £3,500 from Nat West.Recently sent off AQ with new strategy and its worked, received a court date today and draft has been made into an order!!! I'm just thinking that in light of recent events with Lloyds TSB I don't want to screw anything up and was hoping that somebody could give me a list(in simple language!!!) of exactly what I need to provide, it has to be in by 18th June??! Many Thanks, G.
  7. Thanks Parkvale.....had a look through and it seems pretty time consuming and I'm not sure I'd qualify. So I've made a quick phone call and can now borrow the money. Yeah!!! Thanks Mum! Regarding the AQ, shall I give it a chase? G.
  8. Hey there, Thanks for advice so far........sent letter to court telling them whole story re phone call etc. Finally received back from them today a 'General Form of Judgment or Order', it seems that although the Notts Judge suggested AQ be dispensed with, my local court are requesting one anyway,only problem is the date by which they have to have it back is 8th May and the AQ itself wasn't in the letter they'd sent. I'd feel a bit apprehensive just waiting for it seeing as I don't have long before deadline......should I maybe give them a quick call to chase it up? Also, they've requested I send a schedule showing dates and amounts of charges to the Court and to the Defendant, but I've already done this when I sent the CPR Request template letter to Cobbetts and the copy of it to the court. I'm guessing that to be on the safe side I should send it again anyway? Other thing is, I'm so broke because of Nat West I might have some difficulty getting the £100 together.....is there anything that can be done about that? Delaying it or something?
  9. Hi, Well I was still panicked about that phone call I got from Cobbetts before, so I rang the court and they were really friendly and helpful......the person I spoke to was very surprised that I had actually been called by the defendant's solicitor and reassured me that this was a totally unorthodox thing for them to do and that I should only take instructions from the court. I then spoke to them again the other day and was told if I am being caused any distress that I can put a complaint in writing to the court about how they are handling this. I've also just remembered that when I forwarded the CPR Request Reply template to Cobbett's I didn't send a copy to the court at the same time!! ( Have I screwed up by not doing this?) Should I maybe send the letter of complaint to the court, and seeing as my complaint concerns how they handled the CPR issue anyway, incude the CPR response letter as part of my explanation of events-killing two birds with one stone-if you see what I mean?.....also, if I do this having never written to a court before....... What the Hell Do I write and who do I address it to?!
  10. Many Thanks Again, Forgive me for asking the bleedin obvious but when you say 'terms and conditions charge' what do ya mean?
  11. Another Cobbets Panic!!! Thanks for help guys, there's something else, my case has been forwarded to my local court and the notts judge has told the new court that the AQ should 'be dispensed with' ? Whats that about? Also, I received a phone call today from Cobbets.....(incidentally the date by which I had to reply to the CPR requrest is tomorrow)...the woman on the phone acknowledged my letter (The CPR Template), but says in order to 'move on' I need to provide details regarding the specific reason for each and every charge I am claiming for, to determine (in her words) whether the claim is valid!!!! She told me the reasons for the charges would be listed on my statements, I said to her that they were just listed as 'Charges' and also that if she was representing Nat West she should have copies of all of my correspondence with them, and that details of the Consumer Regulations etc within my initial letter explained exactly why I was doing this. 'Never the less we need a detailed list(not just the amount) of every so called contravention' was the reply..... as I said the date by which I need to reply to their letter re CPR is tomorrow!! I have to say I lost my rag a little with her as well, mentioning how long they had been representing Nat West on this issue and that it was a disgrace that she was calling me to ask for this info the day before the deadline they'd set out. Regarding whether the claim 'was valid' I pretty much told her the sheer amount of similar claims she must have had to deal with to this date meant she knew exactly what she was doing by asking for this info now. (oops) It just really gets to me that they prolong it all like this. Anyway......what should I do?
  12. Hi, thanks for words of encouragement!! I've sent off the letter template today to cobbetts regrading the CPR 18. I still haven't received anything from the court itself as yet (questionnaire etc)....is this normal or should I have heard by now? G.
  13. Thank you so much for that.......feel a bit stupid didn't find it myself!!!
  14. Hi, I'm in process of claiming £3,500 from Nat West. Received this morning a bundle from Cobbets Solicitors submitting a defence and requesting 'further information and clarification'!!?? I understand I will be receiving a questionnaire from the court which I need to complete, does this mean I don't have to reply to Cobbets directly or do I have to do both? I have until 18th April to reply.... Any advice will be massively appreciated!!! G.
  15. Hi, not sure if I'm in the right section.....new to site and not most computer literate person in World!! Am wanting to claim back charges from Capital One for last six years, is this still possible now that the fee of £12 is in place for defaulting on the account?
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