GL. But can you clear up some info for us please. I only had one dd fail charge of £25 and claimed that back. This was for a loan which we paid off early. Are you claiming back the ERC for a mortgage or a loan? If it is for a loan can you claim back anything when you pay up a loan early and if so what part of the early redemption can you claim for?

Wondered if anyone had any information on how to A, Tackle on what action to take if any available and B, would we be able to do anything. All i ask is please dont judge though i know people really dont do that on here and i know what happens may sound stupid on our behalf but we all learn by our mistakes especially at the time. Girlfriend went down the bank a while ago. I wasn't working and she is earning around £1100 a month. She wanted to see if she could look at getting a bit of extra money on her O/D or a bit more on her loan she had with LLoydsTsb and thought she could handle it herself going down there on her own. What happened while she was down there is a bit sketchy but goes along these lines. He looks at why she needs the extra money or extra O/D tells him to pay some of the bills while i get a job. He goes through her finances and says to her that the total of her bills, I.E to pay off her old loan plus CC she has with them plus her O/D she has plus the other couple of CC and a bit extra money comes to a total of £12,000. He says that if she incorporates all these into the loan it will be roughly the same as what she is currently paying or a little bit less at the minute and would make it easier for her to make the one payment. Total ammount a month she pays is £369 for 5 years. The PPI ontop was £3500 plus interest total loan around £15,500. He also tells her he can only do this for her for today and cant hold the offer. :o she rings me up and says he has offered her to incorporate into one total loan what should she do? I said well i suppose would make it easier though i didnt know the facts and figures. Now even though she took the loan and what he down was a loan to consolidate her bills though classed as a loan he didnt cancel the CC she has with them and left that open, which meant if she wanted she can run it up again instead of closing it down which i think he should of done. Secondly she is not that good when things are set up and he said that she only had the option for today only and whether he mentioned the PPI to her or not is another matter but she cant rememeber though i dont think he gave her figures with PPI and without PPI. Now whenever we have got loans before and i would say around 10 in our life so far and Credit Cards say again around 10 we have never ever taken out PPI. I didnt look at the paperwork when she came home and well she is not that really good at what paperwork says and what he did when i did find out is give her the PPI. by the time we realised they said sorry you cannot cancel it now, so i said look to be honest mate i cant believe that she has been signed up with it when we never take PPI out and out of all the loans and CC we have had we have never had it but we have with yours. He said well the last loan she had with us had PPI. I said well dont that tell you something that when you have her on her own and set up the last 2 loans with her they both have been with PPI and your the only company that PPI has ever been set up with her. I also said why did he tell her that she could only make the decision today for the loan and not able to think about it? He said well that was probably the only deal he could do a that moment in time. I then said why has she really been given a loan of £369 a month when she cant even afford that with a mortgage of £850 out of £1100 wages? he said is a joint mortgage and if it is they class the mortgage as her only paying half of that which would be £425, and the £369 is less than what her bills are she pays per month. Now this loan has carried on as we thought there was nothing we can do, but does anyone think there is something we can actually do regarding showing facts and figures that every loan and CC we have had has always been without PPI apart the loans they set up? Is there anything that we can do about her being told that he only had that option for the day there and then? Would they not argue that even though it was set up she still could of took the paperwork home and gone through it with the cooling off period? Is there anything we can do with regards to the income and expenditure against her wages to the loan ammount offered? APR was at 16.9% They still wont do anything and the only thing they have ever said is to pay the loan off that is currently running and then start a new one without the PPI and run it over a longer period I.E 12 years as opposed to 5 years and they will give her an APR of 7.14% This is looking at the option we might have to take unless anyone thinks we have a call for a complaint at the way it was handledand whether there are any legalities that they have broken?

Well you will get all the help and advice you need from here and i am sure a mod will be along sooner or later to give you some real sound advice. All we can really offer is just situations and hope and what we would look at but at the end of the day it all comes down to what you and your husband decide. Aside from that i take it when you sold the house, quite a bit of the equity went to HSBC already for the rest outstanding to be made up of charges because if they forced you down this route with owing that much with it all being made up of unlawful charges i would really look at throwing the book at them. My opinion and this is just me but please make your own decisions would be to really sit down and get an agenda of how to takle this. I would be looking at somewhere above the lines of gettting the proper facts and figures of how much you owed and what percentage of this was made up of unlawful charges. If the charges outweighed what was owing then seriously look at writing a stern letter which includes one of the templates from this site asking for your money back and along the lines of your disgute at how the bank offered you no real help but only compounded the problem with high charges. Due to the plight that made you go down this route you feel that you have suffered financially and look at highlighting these facts to the papers and television. I would look at making just the one total claim of what you are owed and would put the contractual interest on now as opposed to when you look at issuing court proceedings. there are fors and againsts by going for the whole ammount but the big for is the bank may seriously look at themselves and see you are serious about this and would really be a big story on the news and papers. The against is obviously that they may feel they would have to defend this matter due to the ammount where you could end up having to pay legal costs. If this happened then you could end up with a legal bill for thousands but then tbh the ammount your claiming for may outweigh the cost of losing as you could probably just look at chucking onto the IVA, as what else can they take from you. Once again this is just my advise please think carefully about your own options you wish to take.

This looks like that it is a backlash from the charges being claimed back. They are going to reap in even more money now especially from the people who dont even know about the unlawful charges. At this moment in time the bank just seem to be in a win win situation until the OFT and more publicity brings the awarness about these charges. This seems like it is a reaction from all banks and credit cards over the last couple of months though with all new pricing stratagies coming through the post.

What people have to look at is several things. 1, this is your money and when they say they will pay you out make sure you tell them it is on your terms and not theirs how or who the money is paid to. If you have outstanding loans they cannot just offset this against what they owe you as long as the loan is not in default or with a dca as this is YOUR money and not theirs to do with what they like.

First thing Best of Luck with your claim. Secondly i cannot see why this should be any different to any other claim. I know that some people are worried about when the sum is higher than the 5k rule for small claims but i suppose in your situation this looks like you have nothing to lose and everything to gain. IF you lose and have to pay court costs then they can stand in line with the rest of the creditors. Is your husband now working as if not maybe he will be entitled to Legal Aid. Thirdly i still cannot see a bank wanting to defend this claim, though not saying that they won't, but can you imagine what would happen if this went to court on how the bank have acted in making someone lose their business and everything else for £20k worth of unlawful charges? Think of the Press coverage on this if they ever did go to court and when they lose how they will be in the spotlight. Then you also have to look at compensation within your claim due to these unlawful bank charges under stress and so forth. Don't know what everyone else thinks but i would surely be looking at a compensation payout on this. Though you might want things to be kept personal is there any chance of letting us know exactly what is owing on the IVA and exactly how much to each creditor? i.e just say Creditor A=£3000 and how much for HSBC=£22000 but only if you wish. It might help matters on what course of action you can look at.

Anyone who do look at taking loans out beware of this company or any other company of this nature. I will go into detail about them in a minute but i can't believe that they tried this on. This thread will also highlight how important it is for people to read the small print of what people send you. I only found out about this a few weeks after she applied for a loan but what happened was that i have a stepdaughter who applied for a loan. A company called Yes Loans contacted her regarding her claim for a loan and said that they can give her a loan for £4000. They told her on the phone that she has been accepted and just had to send a payment of £49 and sign the paperwork to release the money to her. She was then contacted a week later and said oh sorry because of your credit rating we cant give you £4000 we can only get you £2000. Firstly she has no defaults no credit cards and has a small loan which she hasnt missed a payment and She has no other finances so dont know how they can say she has a bad credit reference. Will have to send off for her paperwork from the CRAs. They then said if you do not wish to take out the £2000 we can introduce you to a credit counselling services which is a service whereby we can assist you in removing problematical credit entries which may be hindering the processing of you application. P.S small print says if they do this we will keep the £49 that you have already paid us. Now she came to me after all this happened and told me the above. :o For one the only reason that i can assume that they wouldnt give her a loan maybe due to not having enough credit in her name in the first place cause i know that affects you cause it cant be due to bad credit cause she dont have none. When she got me the paperwork i looked at it and said this is not for a loan this is for a broker to search around and get you a loan and their fee was £49. I couldnt believe that she had done this. So i ring up Yes loans and said why did they pretend that they had offered her the £4000 if she just paid the £49 they said did she read the small print? I said listen not many people do when you offer them something that they want they dont look at the small print, so yes it was her fault. Anyway i said forget that you couldnt get her the £4000 for whatever reason we want the £49 back. They said we have offered her the counselling service and if she takes it we keep the money :0 i said you can stick your counselling service where the sun do not shine and give us the money. He then turns around and says ok then but as in the small print we keep the money for 6 months and if we havent done any of the following then you can have a refund minus the £5. (f) if we are unable to introduce you to a lender that provides you with a loan within 6 months of the date of your proposal then: (i) unless we have provided you with our own credit counselling services you have the right to a repayment of the fee less the sum of £5 which we are entitled to pursuant to the ACT; Or (ii) if we have provided you with credit counselling services then as well as keeping the sum of £5 for the service we provide you as broker we are also entitled to keep the balance of the Fee as payment for our credit counselling services. So i said ok then under this Pursuant to the act, what act are you quoting from please and i would like the part and chapter please. So he comes back and says at the top of the proposal agreement for a personal loan form that she signed it says underneath that it is (Regulated by the consumer credit act 1974) and in the cca 1974 part 155(1) and that this part of the CCA says we can keep £5 for administration costs. So i said ok then we are talking about the CCA 1974 and under any contract you have a cooling off period of any contract to cancel a said contract within a time period correct? No he said as this is not a contract it is just a proposal agreement and not a contract it is not covered by the CCA and we dont have any cooling off periods within our proposal agreements. LOL I said well if it aint covered by the CCA how can you quote chapter 155(1) of the CCA. Well because this section of that act allows us to keep £5 for admin costs so we can use that part of the act. Oh right and us being a consumer, just like you using part 155(1) of the act, we should be able to use the rest of the act then? No as i said it is not covered by the CCA as it is not a contract. I said you either quote one part of the CCA or not and if you quote one part of the act then the whole act should apply and in the CCA there should be a cooling off period for any consumer and under this we would like to cancel the agreement between you and my stepdaughter. Also if you once more say to me that the agreement is not covered by the CCA1974 and that you also do not have any cooling off period of which to cancel a contract and dont refund the payment of £49 asap then please send us a letter confirming this information so that when i issue court proceeding on the underhanded tactics that you are using i can show the courts what you are saying. He goes away for a while to speak to someone then comes back and says, we are going to give you a refund this time so can we have the card details to put the money back on the card for you and this should solve the matter. Just goes to show that companies think that they can try and pull the wool over the eyes of consumers who dont really know what they are doing or even argue it out with them. Also it goes to show that people have got to start reading small prints on forms.

I was just going to start a new thread on this matter. I received a letter saying that they are going to remove the £10 buffer that was there for everyone and it does seem to be a backlash regarding the charges.

Well when you look at it, it all comes down to the other side. Even if you issue court proceedings you know they can probably string the court case out for longer than the 2 months from when it is suppose to come off. You are not really looking at claiming compensation off them as if you were then it would more than likely have to be a definate claim. If you are looking for a mortage within the next two months then i think that you should issue the court claim. One problem i have with these though is the £150 that you have to pay where as if you make a small money claim with it the court fee is only £30. If you can do this i.e like did you make a DPA request or had to pay for something then maybe just look at claiming this back which will give you the £30 court fee and hope the cave in within the 28 day deadline.

I thought that they would of removed it with a little over two months left instead of digging their heels in when once court papers are issued they will remove it. I have just got a default removed from my girlfriends file which is suppose to be taken off in December. It was with Marshall wards and after speaking to them they spoke to their legal deptartment and though they believe that they can leave it on they will remove it within 48 hours as it is suppose to come off in Decemeber anway.

ok thanks for that. It was over 12 years ago and didnt receive a custodial sentance and was just community service and was over 18. so on that basis then it is easy classed as time spent and shouldnt really show up anymore. It is just that they say that they look at individual cases if people have been found guilty of anything and dont think something i did when i was a teenager over 12 years ago should hamper me now even though it can. Think i will take my chances and see what happens.

Only one word for that WOW

Thanks tinks just have to find some excuse to make a claim with that includes some kind of money format i.e like time and expenses writing the letters. On the other note tobes i issued a claim against the HSBC for £3851 plus the removal of default so you can mix the claim up for several things or at least i did and got both so no harm in trying

Blimey fast response there Barracad thanks. Do you think that i should put down on the form that i was charged with assault from 12 years ago on the forms while i wait for the information to come back as they have to be back by the 10th of october?

I am looking at applying for several jobs where they say that i have to give a full disclosure of any records that i have had. I.E Like applying for immagration, Customs, Police, Prision Service. Now i did have run in with the law over 12 years ago when i was 17 and 18 and wondered if these would show up if they did a search. I know that maybe if you have done something a long time ago they say that they look at each individual case on merits but obviously would be easier if these are no longer on the records with the police as they are time spent and do not show up any more or they would still show up? If they do then i dont want to give false information and would still like to find out exactely what they hold on me. Can I do a DPA request with the £10 fee to the Police? Is it the same? and if anyone else knows who i would be looking at sending the letter to for the info? thanks

As you can see from this Ffocus, even if you do take your claim to court the judge might not award you all cost, if any, and then the data controller might not even pay it after judgement. So is it really worth it?

Always thinking and working on it tinks I have been thinking:confused: i cannot simply afford to pay the £150 to start the court proceedings but i am searching the website just before you sent that message as i have seen once you put a money claim onto the claim it reduces the ammount you have to pay court costs. Now due to this if i can get a small ammount of money issued on the claim i should get the court costs down to £30 and they will be receiving my paperwork from the courts on tuesday if i can What i am looking at doing is maybe the small claim for money being time spent on getting this removed i.e hourly rates for searching for information and typing and sending the letters out and so forth which should ammount to a small fee that i can bill them for. If anyone has ideas on how to do this as i still looking around would be helpful thanks in advance.

yes hopefully you will get it removed within the next week or so then these companies just prove what underhanded and backstabbing ******* they really are. If they know they are wrong why cant they just simply say this before court proceedings and save themselves money if they know that they havent got the proof to what they are saying.

It is from another thread but click here for the link. Click Here

Look at this. I thought that the CRAs say that they dont do automatic processes of our information? so what is this phrase then and how do they come up with decisions that they provide to companies on these issues then?

Page 4 is this little section aswell.

Hi Sarah and everyone else someone has had success with vodafone all be it by having to issue court proceedings. Looks like it is the only way forward at the minute to get them to budge at removing the data. Click Link Here

Someone has finally had success. Look Here Click Link Here

Finally someone has had success. Look here Click Link Here

Lucyec thanks very much for that your a star. That sounds very good to me and that will be the one i send instead of mine lol. thanks again.