I'd agree with Laura D - it's almost certain that they will pay the costs in the end (probably just before your court date). You may well find that you don't win by default - they seem to submit a defence at the very last minute, to drag things out. It all depends how much you need the money, really. I'd hang in there.

Well, there's not much in it, it's unlikely to ever get to the point where you'll need to prove it, and they seem to have paid out at 29.9% before. Having said that I would have thought the burden of proving the rate to be correct would be with the claimant if it did reach court. It would be a shame to have it dismissed for such a small figure! I have my T&C from when I signed up and these state 29.3%, and when I try and calculate the rate from what they've charged it comes out at around 24%, strangely. I wonder if my sums are right. I'm calculating what percentage of the balance the interest constitutes and multiplying it by 12. Is that what you've done?

are you sure? I have 29.3% in my T&C ... surely if it's the same card it should be the same rate? Where did you get that figure?

A veritable Armada...

That's perfectly plausible if the charges go back a few years - the interest is compound and accumalates rapidly. Why 29.9%?

Have a read through this: http://www.consumeractiongroup.co.uk/forum/store-cards/40553-suzy-h-ge-capital.html#post319551 Also, they don't actually issue statements when there is a balance of zero - might be worth calling them and seeing if this is the case with you. The telephone peeps are able to go back to 2004, I think.

I would, yes. Another option is to assume that they have charged you on the months that statements are missing. If you report them they will take notice. Another CAGer received the following letter after reporting them: Your complaint has highlighted the need for changes to our current processes and systems, which we have now implemented. I understand that this will not resolve the issue of your missing statements for July 2003, April 2004 and October 2004 on your Debenhams Account and January 2004 on your Fraser Account. However, I can confirm that all arrears charges have been removed from your account balance. Where statements are missing we have made an assumption that a fee was charged to ensure you that you do not lose out financially. I have therefore removed a further £18.00 for each missing statement to over compensate. A total refund of £270.00 will be sent to you under separate cover. I also understand that you were sent a statement in the name of Mrs M Hilton. The data we hold on fiche is in alphabetical order and therefore statements for Mrs Hilton would follow your account information. I fully understand this should not have happened and hope you will accept our apologies. We have implemented a more rigorous checking procedure to avoid this happening again in the future. I hope this letter addresses your complaint in more detail. If you have any further questions in relation to this matter, please do not hesitate to contact me. Yours sincerely Miss L Cole Complaints Resolution Team Keep up the pressure and they will sort their act out. B.

Read this thread: http://www.consumeractiongroup.co.uk/forum/store-cards/40553-suzy-h-ge-capital.html#post319551

Send them the DPA reminder letter from the templates library. It will need amending slightly. You can also report them to the ICO after 40 days, which should encourage them. It might also be worth phoning and telling them that they will be in breach of the DPA very shortly and that you will be reporting them and pursuing your request for data through the courts. They should get the statements to you fairly quickly then with luck.

The address is GE Capital Bank Ltd, 6 Agar Street, London WC2N 4HR.

I would return the cheque, crossed out. They may withdraw that offer anyway and it will prevent them being able to claim that you have settled. Good luck!

It's in the terms & conditions of my Frasercard account (I still have the booklet) and on the website: Key information about your Recognition FraserCard Below is a summary of the key features of your Recognition FraserCard Account. It is provided for your convenience and does not form part of any agreement with GE Capital Bank Limited. APR Typical 29.3% APR Variable Other interest rates Introductory Rate Monthly Rate Annual Rate Purchases N/a 2.17% 29.3% Cash withdrawals via ATM* N/a 2.17% 29.3% Purchases repaid by Direct Debit N/a 2.05% 27.5% Cash Withdrawals repaid by Direct Debit N/a 2.05% 27.5% I did wonder why others were applying 29.9% - perhaps there is more than one type of card?

There are spreadsheets on the site - type in 'Mindzai' or 'contractual' in the search and you'll find them. People have got 29%+ back, so go for it. CCA could be consumer credit agreement, or consumer credit act. Hope this helps!

Funny you should ask - I decided to not bother about the four missing statements for the mo, and posted off my prelim today. The amount is £200ish charges plus contractual at 29.3%, bringing the total to £500+. From what I've read here GE seem to pay out without too much hassle for the fees themselves - some have had them returned with only a phone call. I won't accept that, but may meet them at 8% interest to avoid delay and hassle, should they prove amenable to this. I'll post any news as soon as there is some! They have T-14 days to respond... My first prelim - how exciting!

The pre-2002 statements arrived on Friday ... full speed ahead now. Prelim goes off tomorrow.

Scrambled egg! Tasty! Well done.

Thanks for the figures Nattie - I don't think I had any overdraft, so I'll progress on this assumption. I don't want a fight! The cheque-stopping fee seemed pertinent. Perhaps it isn't - I don't have the insider info!

Right, I've run into a slight problem with calculating interest on the spreadsheet. My account used to be a student/graduate account, so had a £50 interest free overdraft facility, I think. Natwest say that student accounts aren't charged interest at all, but I imagine that if I went above the £50 limit I would have been charged unauthorised rates. Is this correct? One for Nattie perhaps? Thanks in advance... I've asked Natwest to simply tell me what the interest free amount on my account has been since opening, i.e. how it has changed, but they say they can't tell me. This is rather hard to believe. I don't want to get my figures wrong and give the bank something to work with in court, but i also don't want to let them keep my money! Also, looking for an answer to this on the website, I noticed the following: All accounts: fees for specialist services Stopping payment instructions (e.g. cheque*) £10 Interesting that an actual service that presumably requires manual intervention costs less than a similar action (i.e. bouncing a cheque) that is automated...

Hi Fendy, Have composed a stonker of a letter to poor Mr Higley. I'm definitely adding damages for distress to my claim... B.

Found it: http://www.consumeractiongroup.co.uk/forum/natwest-successes/6505-bandit-natwest-story-finally.html#post45007

Totally agree - but I think it smacks more of spite than indifference; that's what I found most surprising. If this were an isolated incident or two then it could be blamed on Royal Mail - but it isn't, and they have been warned. At the very least they are breaking the Banking Code: "2. Our key commitments to you: We will treat all your personal information as private and confidential, and operate secure and reliable banking and payment systems. 11.1 We will treat all your personal information as private and confidential (even when you are no longer a customer). We will not reveal your name and address or details about your accounts to anyone 12.1 We will co-operate as an industry so that you enjoy secure and reliable banking and payment systems you can trust." I think the code is entirely toothless, unfortunately. Still, can't hurt to point out these concerns to the information commisioner. I'm sure a letter detailing this issue, and how many people it affects, would not endear NatWest to the courts. In fact, as I have yet to start my claim, I may include compensation for this, as they clearly have not been playing straight... Do you have a link to the toilet bandit thread? MrBump

Fendy, Mine came in exactly the same way yesterday, and funnily enough, just over a year's worth were missing. Call me suspicious, but isn't it rather odd that the same number of statements were missing? Is it not fairly likely that the bank are omitting statements deliberately and ripping envelopes before posting in order to delay?

Great letter ... they'll buckle. Keep up the good work.

One quick question - obviously I'm going to demand the one year of statements that were missing, but as I'm now wanting to go back about a year further shall I ask for these at the same time? Or will that muck up my 40-day timeline? It might make sense to split them this way anyway as adding the earlier charges will take the claim well over the 5k limit for small claims. But then again full disclosure would be good. Decisions, decisions ... any ideas?

Hello all, So, 40 days and five follow-up calls after sending my SAR, waiting on the doormat for me there's a - yes - tatty brown envelope ripped in two that has had to be put in a Royal Mail plastic bag with my statements spilling out all over the place. And a year is missing. Whether they send them out incomplete deliberately then tear the envelope, or they tear it and hope some spill out, I don't know. I find it hard to believe that a bank can be so petty and devious. It's the sort of thing I'd expect from a fly-by-night loanshark perhaps, but a 'respectable' corporation? I thought my contempt for this firm could sink no lower, but they have exceeded my lowest expectations. Anyway, as the statements aren't there as requested I shall be complaining. I happen to have the ones that they left out so it's full steam ahead anyway - eat that Crapwest! I was going to just reclaim 6 years but now am determined to get everything back, which means that I'll be starting the whole process off again for my earlier statements. Watch this space...