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Cosmo Kramer

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About Cosmo Kramer

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  1. Hi folks, In 2004 I owed money to Capital One who had Harper Macleod chase the debt. I was issued with a CCJ . I offered to pay them £50 a month and it never went to court. Harper Macleod then passed to debt to Buchanan , Clark & Wells . I actually thought I had paid the debt off (bad memory:() but recently I checked my credit file and the debt is still unsatisfied. I called Buchanan, Clark & Wells today and have agreed to pay this debt off over the next 9 months (they initially pretty much demanded I pay it all off today). My questions are , should this CCJ still stand even though it never went to court and Harper Macleod passed the debt on? Does it remain unsatisfied until I pay it off? Thanks.
  2. I applied for the extension online and put in details of how much and how often I wanted the overdraft to come down by ( £150 a month ). I'll try phoning them tomorrow to see if I can work it out with them, then try sending them a budget sheet, but if not I'll try opening a new account. I've already applied for one online with A&L and I'm awaiting to see if they will accept me.
  3. Hi folks, I'm with HBOS and I have a £1200 overdraft. It expires on 15th December at which point it will go to zero. I have asked to pay the overdraft back at £150 a month but they have refused. I am currently nearly at the £1200 limit and on the 15th I will be £1200 in the red and it will take 6 weeks to pay it back, meaning I won't have a penny to my name until the end of January. What I'm thinking of doing is opening up a new account with another bank, having my wages paid in to it and swap my direct debits to the new account. I'll still owe HBOS £1200 and I'll pay money back to them as I can afford it. What can I expect HBOS to do about this? Thanks. I know this is not a charge related question but I can't see where else to post it.
  4. I think the law in this situation is that if you clearly knew you had extra money and blew it then then you have to pay it back. But if you can show that you didn't know you had the money but spent it then it's ok. Very vaugue I know, and probably completly wrong.
  5. I would expect the phonelines at the FOS to be rather busy tomorrow morning.
  6. Don't suppose I will have any chance of taking back my refusal of the offer I was given?
  7. I don't know. Give them a phone tomorrow morning. I would think once an offer is made it should be OK unless you have refused it.
  8. I'm quite sure this will probably mean it will be on hold. I feel quite sick as I just refused £3199 and I'm going on holiday in September. I should have taken it.
  9. By the looks of things then my FOS claim will be on hold then. I feel sick, I just refused £3199 and I'm going on holiday in September. Should have taken it.
  10. This is from the OFT's Q&As regarding the test case. 11. What happens to those wanting to, or in the process of reclaiming charges while the case is going on? It will be for the courts to decide in relation to claims made to them. The Financial Services Authority has issued a 'waiver' from its complaints handling rules. This action means that until the test case is resolved any bank or building society that applies for the waiver will not be required to handle complaints relating to unauthorised overdraft charges. The UTCCRs law is one factor that the Financial Ombudsman Service must take account of when making its decisions. As this action is expected to provide certainty about the law, the Financial Ombudsman Service has decided not to progress complaints about current account charges until the outcome of the legal action is known. The last part of this paragraph worries me. I hope this just applys to new cases and not existing ones as I have just refused an offer.
  11. Hi folks. 11. What happens to those wanting to, or in the process of reclaiming charges while the case is going on? It will be for the courts to decide in relation to claims made to them. The Financial Services Authority has issued a 'waiver' from its complaints handling rules. This action means that until the test case is resolved any bank or building society that applies for the waiver will not be required to handle complaints relating to unauthorised overdraft charges. The UTCCRs law is one factor that the Financial Ombudsman Service must take account of when making its decisions. As this action is expected to provide certainty about the law, the Financial Ombudsman Service has decided not to progress complaints about current account charges until the outcome of the legal action is known. The last part of this paragraph worries me.. I hope this just applies to new cases ans not to existing ones. I'm going to phone them tomorrow and ask about this, unless anyone can shed any light.
  12. You'll be fine. Has it been 8 weeks since you first asked for the money back? Or, do you have a letter from the bank saying that they are not going to pay you? The FOS really have been great. I haven't read of anyone not winning through them. The bank CAN'T ignore them and they don't want to have to justify the charges to the FOS, just like they don't want to ( and can't ) justify the charges in court. You will get it back.
  13. Claiming more than £1500 pounds through the courts in Scotland would mean doing an Ordinary Action. ( small claim limit is £750 and summary cause limit is £1500). For this you'd most likely need a lawyer. For a claim over £1500 the general opinion is that you should claim through the Financial Ombudsman Service. they have a 100% success rate and will take between 6-12 weeks. And it's free. Financial Ombudsman Service Here is the link. There are quite a few people on here claiming through the FOS and all seem to be doing well. I'm in the middle of a claim for £4643 through them ( from HBOS), I received a partial offer after 4 weeks which I refused. Anymore questions just ask. There's always plenty of help here. One thing you need to have before you can proceed with the FOS is a letter from the bank refusing to give you your money back OR if 8 weeks have elapsed since you first wrote to them asking for the money back and they haven't responded.
  14. Financial Ombudsman Service Here is the link. There are quite a few people on here claiming through the FOS and all seem to be doing well. I'm in the middle of a claim through them, I received a partial offer after 4 weeks which I refused. Anymore questions just ask. There's always plenty of help here. One thing you need to have before you can proceed with the FOS is a letter from the bank refusing to give you your money back OR if 8 weeks have elapsed since you first wrote to them asking for the money back and they haven't responded.
  15. Claiming more than £1500 pounds through the courts in Scotland would mean doing an Ordinary Cause. ( small claim limit is £750 and summary clause limit is £1500). For this you'd most likely need a lawyer. For a claim over £1500 the general opinion is that you should claim through the Financial Ombudsman Service. they have a 100% success rate and will take between 6-12 weeks. And it's free.
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