This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Thank you very much, I have wrote the letter and will keep you updated. Katie

I dont know what CCA stands for so im finding it hard to find that letter. I would be most grateful if someone could help me.

Also, I think that if your income from your interest pushes your yearly income above £4700(ish) then any interest earned after £4700 is then taxed at 20%. I would also like to say that dont feel too rushed in getting your R85 form sent because if later on you find out you can get your interest tax free then you can claim it back, not from the bank but the tax man.

I sent that R85 form in because I am a student earning less than £4700 a year, which is the amount that is tax free. If you earn over this amount then you pay income tax. In your case however im not sure if it is as straight forward as this.

Thank you for your opinions. Is the CCA letter in the bank templates library or elsewhere? I will keep you updated as to what happens Katie

not yet because I have been on holiday and I came home to the letters

Hi, I have had 2 letters sent to me from a debt collection agency demanding a payment of £732 plus interest for a water company account. The first letter was a "formal demand" and the second was a "final demand" before legal procedings. I have never had an account with any water company and I know I am not the person they are after. I am very sure that what has happened is that they have looked for the persons name on the electoral role and found I share the same name with the person they are trying to contact. They have probably sent the letter to both of us, or if the other person is not on the electoral role then just me. I have done some research and I have found out the following: The office of fair trading states that "sending demands for payment to an individual when it is uncertain that they are the debtor in question, e.g. threatening debt recovery action to 'the occupier' or sending a payment demand to all people sharing the same name/date of birth as a debtor in the hope that contact with the correct debtor will be made." Is highlighted as an unfair or deceptive method under debt collection methods. I have also found out that under The Administration of Justice Act 1970 S.40 makes it a Criminal Offence for a creditor or a creditor's agent (often a debt collection agency) to make demands (for money), which are aimed at causing "alarm, distress or humiliation". I could argue that it has caused me alarm, distress and humiliation within my home. Equally, a creditor will be committing an offence if they falsely imply that non-payment of the debt will lead to criminal proceedings. This is clearly the case with me because they cannot possibly proceed against me if I am not the debtor in question. With the research that I have shown above I wonder if I can use any of this to get compensation from the debt collecton agency as it has caused me a lot of worry and distress unfairly. Thank you for everyones opinion.

Rebel, I never thought of that, what a great idea that is! Ill get on to BT straight away. Thank you very much! Katie

I have had the same problem with AOL. my nan contacted her CC company got the money back, but then AOL passed on the debt to a third party and my nan ended up paying it as it was in her name and bless her she got scared. So I am now going to write to aol demanding the money in 14 days or I will take them through the courts. I have a problem though. My nan cancelled over the phone but they deny all knowledge of this phone call and so the only proof I have is that I started using a different internet company in this time frame but hopefully that will be enough proof in the courts. If me and my nan turn up to the court I hope the judge will be on our side and not some big multinational thieving machine.

Thank you for your reply, I have asked my nan about her cancelling aol and she said she did it over the phone and they gave her a cancelling code. The next month the money came out of the account and when she phoned up about it they asked for the code and she had lost it and so said it was not cancelled. She did the same again and the charges still continued. How can I prove in the courts that the phone call was made to cancell the service without no proof? The only proof I have is that another broadband company was used during this time. Will this be sufficient? Katie

Hi everyone, In 2003 I was with AOL which was useless so i cancelled the service with them and cancelled the direct debit. A few months later my nan got a letter saying that she owed them 85 quid, (it was in my nans name because i was not old enough at the time to have direct debits for the aol service and I used to pay her each month). I told my nan to phone them and explain it was cancelled months before and they actually acknowledged this on the phone but said someone had been "piggybacking" on the aol screen names, which my nan didnt have a clue what they were on about and they threatened that the debt would be passed to collection agencies so she paid up. I want to claim ths money back for her but I do not have a clue the exact dates it was cancelled and the exact reasons for the 85 quid, and it may not actually be 85 quid because it was three years ago. If I was to claim now I wouldnt have a leg to stand on as I have no statements or proof. Can i write to aol with my old account number and screen name and force them to tell me every transaction on my account or will they not be holding the info any more? Thank you for your help and btw this site is GREAT! Katie Lawrence

Sorry, maybe I have not explained it properly, I get angry when typing about it! I had no amount in my account but a £5 d/d hit my account. I didnt realise for a couple of months as i never saw any statements, maybe I never got any or maybe I just through them away. The next thing I know they say I owe them £320. I have no overdraft on my account so ive just realised that hopefully the £320 is a sum I owe them. I have since paid 3 * £45 installments at the end of each month equating to £135. This is the amount I am claiming back through the courts. I got worried in case they would take it off of what I owe them but I just realised there was no overdraft facility on the account. So hopefully I will get a positive account with the £135 plus costs and interest as I have claimed? I hope this is clearer and once again thank you to this site and everyone that contributes to it.

crap! so what do i do to get the full amount back?

Hi, Thank you for your help. I just had a really nasty thought! What if they pay in to my account the £135 I have already paid up but they pay it against the £320 they say I owe them. So effectively £320 minus £135 is £185 and they say I still owe them £185 in my overdraft? Or can I dispute it on moneyclaim online and only let the case go when I see a positive amount of £135 plus court and interest costs in my account? I really hope i havnt cocked things up here. Thanks for any help.

Hi, I am now at the stage where I have entered my claim in moneyclaim online and nationwide have acknowledged the claim so they have 28 days taking this in to mid June before the judgement is made. I have a problem though that I would love some advice on. I have been charged a total of £320 which I couldnt afford to pay at the time so I was instructed to pay it off in £40 installments plus £5 interest at the end of each month until the £320 has been fully paid. I am claiming for 3 payments I have made equating to £135. However my next £45 is due at the end of the month and I know judgement wont be until after then so do I pay it to avoid any further costs in case I loose, and if I win just go through the whole process again or phone them up proving I mean business. Or do I just hope I win and just not bother paying it? I am most grateful for any advice given here as I am facing a dilema. Thanks,

Hi, Thank you very much for the advise. I will get the debt collectors off of my back first. Would you be so kind and show me the link that showed you how to set judgement aside? I will need to find a reason to set judgement aside but I think that just saying new information has become available to me informing me that the charges are unlawful will suffice. once again thank you for the help

I am also in the same situation with Egg. They are about to pass the debt on to a debt collector. Do I just follow normal procedures to collect my money with egg and just ignore the debt collectors?

Hi, Yes it allways uses the term "banks", is it the same for credit card penalties as i have already mentioned? Thank you

I am currently in the process of claiming back an unfair direct debit return on my current account that resulted in a single transaction costing me £320. I was told to pay it back in installments of £40 plus interest of £5 as i had no money in the account in the first place, which started to spiral out of control with all the fees. I cant believe the cheek of having to pay them interest on a penalty charge that they have set against me. I have since paid two installments of £45 and i am due in the next few days to pay a third installment. I am going to pay this, as I have said this in my LBA dated 25th April and I hope ill get it all back in the end anyway and have the whole charge dropped. Well, first of all id like some comments on the above and secondly, I want to start to claim back late payment fees on my credit card. Am I entitled to claim back fees of £25+ where I have missed the payment deadline on my credit card payments? I thank everyone for their help and comments.

Hi, I sent my prelim letter to my branch, which was forwarded to Swindon, where I got the usual response of denial that it is unfair. I am now preparing my letter before action and I will just send it to Swindon. It looks like the problem lies with your branch, who probably dont know what to do with the letter and havnt bothered forwarding it to Swindon. If i was you id just send the letter before action to swindon and mention that you had no response form your previous letter sent to your branch which has angered you even more etc etc Thats just what id do. I must admit im scared about the court process but looks like it works so im forcing myself to do it !!