Hi Dave Just popping it to see how it's going and to give you my support. " Cor Blimey fella u ain't arf gorra lorra things on the go ". No wonder you feel a bit overwhelmed xxx keep at them it's took me two hours to read the thread and was well worth it

This happened to me once and I had printed out the online statement it seems that one department never speaks to the other and it's really rewarding when you rub egg in their faces:D

Hi Chrissi Have you got any way to print out the bit on the website that says they have recieved it back?

Hi I sympathise totally with your brother and agree with all of your above points. This is what I'm currently going through with the NatWest Click here: Caz & NatWest Complaint - The Consumer Forums I'm just waiting for all the info I need to send the biggest complaint to the FOS you've ever seen :grin: If that doesn't go in my favour then I'm all fired up to drag them into court because of the disgusting way they've handled everything. Your brothers not alone there's a few of us out there who have been messed about in exactly the same way. A friend of mine is stuck too in a stayed court case with them which I feel is utterly unfair because they still keep applying charges even though she's stuck in the system. I think when the test case is over all the banks should be forced to repay all the charges they have sneakily applied whilst you've been sat in a stayed situation ( there's wishful thinking for you )

Tricky question Don. But a S.A.R. is something that's legally binding and is always good to have in your file for your records. They could always withold your request and demand the £10 fee for data if it's not sent in the proper manner but it's totally up to you

Hi ya ananya If the debt has been passed or sold onto Capquest they should hold all information regarding the account so I would S.A.R them to see exactly what charges they have applied to it. My reasoning behind this is if they have a true signed copy of your CCA ( which would have been signed at the point when your account was opened then they must surely have everything else ). If you are unsure you could always SAR the OC too but this way it might save you a tenner

Yes you can claim back the charges like you would from a Bank Account. Good Luck and here's the link for the S.A.R letter ( just ammend the details to your own personal details)Click here: 1. Data Protection Act, Subject Access Request letter - List of charges - The Consumer Forums Good Luck and keep us posted:)

If you want to request all your statements for the previous six years ( to see what exactly they have applied to your account) you'll need to send a £10 payment either a cheque or postal order. Click this link and it will take you straight to the letter template : Click here: 1. Data Protection Act, Subject Access Request letter - List of charges - The Consumer Forums Alternatively if you have all your statements and know each charge thats been applied it's a good idea to start the reclaiming process to try and get the balance reduced. Use one these spreadsheets to calculate the amount of the charges : Click here: 6. Interest calculation spreadsheets - The Consumer Forums Once you've worked it out attach it to one of these : Click here: 2. Letter - Preliminary approach for repayment. - The Consumer Forums. Make two copies and send on by recorded delivery and save a copy for yourself. Send it to the address detailed here :Click here: ***Lloyds TSB contact details*** - The Consumer Forums . Don't let AIC try and bully you or push you into a pricey repayment plan and if they telephone again simply state that the account is in dispute and that you do not wish to discuss it over the telephone but wish all further communications to be in writing - I hope this helps and good luck:D

Hi Jimmy try not to worry First things first you need to write a letter to AIC explaining that you do not aknowledge this debt and that the account in in dispute. Send this by recorded delivery and keep a copy for yourself. ( Something along these lines with your own details & circumstances inserted when required): ACCOUNT IN DISPUTE Dear Sir or Madam, Account number: XXXX XXXX XXXX XXXX I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998 As **original creditor/DCA** are now in default of my Consumer Credit Act request, I consider this account to be in SERIOUS DISPUTE. As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities. If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action. After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully

Nuts Nuts and totally banana's Until I joined CAG I was barely eating and would sit by the phone dredding the next call. But all that's changed I now realise that you can fight back & reclaim not just your money but your sanity!! I love getting phone calls and letters now and float around with a kick ass feeling in my belly:) Let the boat out Rene and smoke 2 Hamlets why the hell not!!

Hi Mummy and welcome to CAG:D If you click on DP's link it will give you a good idea of the kind of thing you'll have to do to get your charges back. You can still reclaim your charges whether you have signed a credit agreement or not. You can send one of these : Click here: Creditors and DCAs - Letter Templates & Budget Planner - The Consumer Forums (letter N). Along with a £1 payment e.g postal order, cheque etc. To see if they can legally enforce the debts. ( remember to send by recorded delivery saving a copy of everything you send for yourself) The best idea is to start your own thread and we can all give you advice step by step along the way. If you have all your statements and know exactly what charges have been applied use one of these spreadsheets to help set them out ( changing the details to suit your own circumstances ) Click here: 6. Interest calculation spreadsheets - The Consumer Forums . Do two copies and save a copy for yourself. Once you have worked out exactly what is owing write one of these : Click here: 2. Letter - Preliminary approach for repayment. - The Consumer Forums ( changing the bank bits to name of the Company i.e. Simply Be. Always make two copies and save one for yourself ). Send everything by recorded delivery and Good Luck!

Grrrrrrrrr @ these guys. I have checked my credit file and Littlewoods still keep updating it and so do every other DCA they refer it to! I served these with a section 10 and 12 back in October and this morning have recieved a letter of assignment from them outlining the debt has now been passed to Pheonix recoveries. What can I do to stop all this adverse data piling up with CRA's? Have I got a legal leg to stand on in court with this? Oooooo my mind boggles which way do I go with this one there's no signed agreement they wrote to say they wouldn't pursue the debt but instead they pile bad scores on your credit file thus making me feel like I'm banging my head against a brick wall. Has anyone out there took these guys on with this and won yet?

Just popped in to give you encouragement and support sister xxx

Hi and welcome to CAG:D My debts were pretty bad last year and I made an action plan to clear my bad rating up by looking at each and every account I had i.e. Bank Accounts, Credit cards , Catalogues, etc. A good idea is to send a S.A.R. to each company that you think may have applied high charges and start to reclaim them back. Hopefully you'll find that the charges applied will wipe out the debt and leave you a little left over thus clearing the debt and satifying your credit file. It can be time consuming and isn't going to happen over night but on the other hand it is very rewarding. Good Luck!

Hi Kacisnanna I'd definitely send a CCA request to Viva La Diva perhaps with a photocopy of the letter received from Relaible Collections saying that the debt would not be persued:)

Fingers crossed for you DPick I have a feeling you'll be going down the court route with this one the ICO have been quite useless against Littlewoods in the threads I have read lately but it might be worth a try:D Keep at them!

OOOOoo also I've just aquired a copy of my credit file and Natwest added a default on it for this account In Feb 2007!

Morning all S.A.R sent whilst I'm sitting twiddling my thumbs waiting for the info to come I am starting to prepare parts of my complaint to the FOS. Briefly this is what happened during my claim for bank charges... I began claiming in December 2006, I had an authorised overdraft with the Natwest of £200 and agreed a monthly repayment of £40 a month ( this was clarified in writing ).But within 24 hours of my S.A.R being signed they began to add charges which added up to £78 month - I rang and wrote explaining that I had a payment plan in place and the amount owed on the account was in dispute so could they please re instate my payment plan and refund the charges for that month - they refused! They then went on to cancel my plan the withdraw my overdraft facility because I refused to pay £40 a month when at the end of each month it left a minus £38 amount which levied more interest and carried charges over to the next month. I wrote several times again to explain the amount of charges levied on my account was far more than what the overdraft was and could they please hold action on my account. They wrote back to say all actions on the account would be frozen.( January) In the meantime my data was retained by the Natwest until March 2007. My account was then passed to their collection centre in Birmingham ( Feb 2007 ) I recieved a letter asking for my switch card back and any relevant cheque books etc. ( obviously actions had not been frozen and charges were obviously being added because the amount on this letter had shot up tremendously). Statements stopped coming in December and when I rang them about this I was informed that I had requested yearly ones ( news to me so I requested my statements there and then ). I rang again about statements I was told they would be sent within the next 28 days ( I kept the time of the call and who I spoke to as a record) I recieved a refund for the charges on 11th March 2007 for the full amount I had claimed for in December but the overdraft completely swallowed it and it left a £1 balance. I rang and again and complained about not now having the use of my account and asked why they had closed it. I was given the reply that it had not been closed because it had a £1 balance ( but how can I use that balance if they had taken my switch card and books back ) I was told that " well you were passed to the collections centre so there's nothing I can do about that". Is this how they get away with saying they haven't closed an account thus stopping me from making a claim against them for doing so? In April 2007 I wrote again for my statements but I never recieved a reply and by the time the summer came I felt defeated and down hearted and gave up - will this go against me? When I do eventually get my statements will I be able to ask the FOS to look at the amount they levied on my account whilst it was in dispute from December to were they left me a £1 balance in March? ( I couldn't carry on my claim because they had retained my data or do I have to make a seperate claim to the Bank again for this period? Would it be a good idea to seek compensation through the court due to the data retention issue? Sorry for babbling on but I want to make my complaint as clear as possible are there any specific banking code, data protection or general snippets of the consumer law that will back up any of the above points? Which other organisations could I lodge this complaint with ? Because far too many times I have read on the thread about Natwest's underhanded tactics and feel fired up to make a stand:D I know there's a lot of points on this one but I do feel I was treated unfairly and strongly feel that the bank used retaliatory actions because I was reclaiming my charges.

LOL @ them Alf! I would be a little bit tempted to copy their letter but insert after the bit that says :If you wish to AVOID Legal Action you must ( then put ) reply to my letter dated 25th January:D giving me a full explanation why you are trying to pursue a debt which has no signed agreement. They're such annoying idiots I have had yet another letter from the 7th DCA re Littlewoods and have sent my standard bog off letter this morning:)

Perhaps taking your daughters ex flate mate to a small claims court may be a better route? ( fingers crossed someone can come along and clarify the best way forward with this ).

Grrrrrrrrr @ the police sister Hi by the way I just read your other thread and want to send you my warmest wishes. I wouldn't give in you've come so far and I really can't believe the attitude of the police in this instance. Hopefully someone else will come along who is more knowledgable on the law in these matters but I think with your daughter being ill in hospital etc on some of those dates is proof enough and the police should have enough evidence with that alone! Don't give up I'm sure someone will come along soon with the answers and well done so far you've come so far and done so well xxx

The £400 charge is what made me even more eager to complain to the FOS after the way Studio have treated me they deserve to be hit where they hurt . The plus side is you can always take them to court whatever the FOS's findings are so that's a bonus too!

I'd definitely go down the FOS route my complaint to Studio is going through via the FOS as we speak

Send either letters to Robberscum Pay and even be inclined to send another to Studio