LOL well if it applies for section 78 then i cant see why the same thing cant be applied to 85. Something you have to remember about banks and the like, is that the people you are dealing with, its NOT their money. They follow their procedures (well, some of the time) if it`s not in procedure, different, annoying, hassle or outside the norm it causes problems. The legal dept is not the accounts dept. The accounts dept isnt in charge of renewing cards, thats the issuing dept. See what I mean?

Charges been default charges for late payment? Or charges been refund of interest? BC probably dont have that kind of information to hand as it would take intervention to go back into the account. There is a big difference between telling a lie and not having the information/or cant be arsed to get the information.

My opinion is that you wont get redress for interest or charges through the CCA. The way to get charges removed is of course common case law. The way I would go for interest accured would be in a section/or non section of your original agreement using the 1999 legislation that if you have no redress for a creditors breach or default the agreement is likely to be unfair. Some judge must rule on this to make it so, cant find anything yet.

I think that the real clue to this is in the original agreement where it shows what happens if either party defaults or is in breach of their obligations under the agreement. Usually there is a long list of redress for both parties regarding this, the creditors right to sue you and enforce etc. I think that if there is no redress for a debtor under similar circumstance (that there is in fact no redress for a breach or default by a creditor) it would fall under the Unfair Contract Terms 1999 as the agreement is clearly one sided and bent against the consumer. Such a thing as proven would render the agreement void. Just a suggestion.

His. Didnt know it was that surgical. Just the way I always am. Havnt seen an Amex forum, can someone post pls? Regarding the post about a company not been able to profit during a default of section 85, is there any common ground that this is so? Why does not the same apply to section 77-79?

I live in North London. I am not a lawyer. I am in the electronics business, have set up and run a few companies in my time. Have had some good successes and failures over time. Last 2 years my business has suffered due to the fact my asshole ex business partner raped the company for over six figures so I lost rather a lot of money. Hence the need to know what I am doing vs my creditors as at the time I could barely afford to pay a mortgage and feed my family.

I have an IP address, I also have a home. I am not MIB, I dont see why you seem to think I am MIB? Unfortunately I dont have loads of time to spend on this very informative forum because I have a full time business to run. If I sit here on the forum I just read and respond and dont get any work done. SO please dont get paranoid about people because they dont live on here because I think it just put other people off from joining and making a contribution to help others in a similar circumstance to yourselves.

Hi Term and everyone else. Apologies for the few days abscence, have work to do. Its in the bankruptcy section, room 211 to set aside demands with the registrar. Despite what nonsense anyone writes on the stat demand the idiotic brief for Amex put High Court of Justice room 110. Should really be room 101. Anyways, looks like I wont have to go as the morons respresenting Amex have withdrawn the stat demand without me even having to bother to go to court to set it aside. I will post their reply and my letter I sent when I get a minute. You will particulary enjoy the very short letter from Amex solicitors in this matter.

Enforce to me means, default, court action etc to reclaim the debt and get you to pay it. I can see where you are going with this but its very much open to interpretation.

I live In London (the big smoke). I have to go to the High Court next week to get my STAT demand from Amex set aside. Sorry if I wasnt more clear, its late in the day and im getting tired ;-)

I have been looking at this the last few days in my spare time after seeing the s85. I still cant find anything relevant to it. AFAIK the ability to charge interest would be stated in the agreement. And under what circumstance. THe right to have interest reclaimed from the breach under an agreement would have to be taken up under each case from that agreement generally headed Responsibilities Under This Contract etc. Normally it only deals with legal fees etc.

Hi Mike, I am in the big smoke and on my way to the High Court Of Justice on the Tuesday next week to apply to have it set aside. No I am no MIB, but I have heard rumours that MIB were moving up a gear towards those who resist. It seems the rumours are true. It would not suprise me if other CC companies and banks follow suit. How you mean a bit late in the day?

Thanks for the response Terminator. I agree that s85 ptII is clear cut, but where does it mention in the CCA or other legislation that if they are in breach that they cannot profit from it by interest accured?

Hello everyone, it is nice to see like minded people out there locking horns with the banks and credit card companies. I have been at war with MBNA, LloydsTSB and my personal favourite Amex for a long time. I had no idea there were others out there doing the same , especially research in the CCA and unfair contract term regulations 1999. All my fav bedtime reading (I must be sad). I have a question for Battleaxe (or anyone else) regarding your S85 tactic I can find no reference that you can claim back interest on any account even if they have failed to comply with S85. You might be able to claim back charges regardless using the penalty clause, but nothing more. Also, is a non complaince with S85 or S77-S79 civil or criminal? The morons from Amex served a statutory demand on me last week, which I intend to set aside. Have already responded as they have failed to comply with a S78 over a year ago. Havnt paid them anything now for over two years and dont intend to either. They have no judegment or order of the court for the amount they claim. Anyone else come up against a STAT for a credit card debt?\