Since I last posted on this thread - I have had some major family issues (now resolved) some major health issues (also now resolved) and I moved house. I did not take this any further. I intend to try fighting this one again - stating in the first instance the amount of money taken from my account, the financial difficulties it placed us in, eventually my husband declared himself BR due to ill health/pressure/depression At the time these charges were being taken, I had 3 children at school - I was receiving child benefit and a small amount of tax credit. My letter in the first instance will relate to our benefits being swallowed by unreasonable charges, we lived off credit that we could ill-afford - the end result being major financial problems. I intend to write to the bank with this info, informing them that I am going to take this information to the FOS and ask them to look into it on my behalf. I am out of the loop on here - but glad to be back! Any suggestions/hints/tips welcome. Thank you

From experience, these postcards are just scare tacticts, no-one called at my address and things were pretty nasty for some months.

Hi gill5blue Any updates at all with this one? I wonder what/if they have put anything on your credit file?

They did that to my friends, they phoned our next door neighbour and said could they get hold of Mr so-and-so.... they even said that they were MBNA... appalling practice

Not had a phone call myself,, but a relation of mine was claiming bank charges back earlier this year through one of these companies... She was paying out a couple hundred pounds a month in charges for a long time, so I imagined her pay out would be something in the region of £5K or £6K.. I offered to help, with the help of these forums, but she was happy where she was, so I left her be... She ended up with a payout of £750, of which she had to pay £250 to the company before they would forward her the money. All my claiming cost me was some stamps and recorded delivery costs..

excellent..... really pleased for you. Another one bites the dust xxxx

Ditto to the weight loss... our BR hearing was 18 months ago. It became obvious at the end of November that we were sinking and something very serious had to be done, the actual decision and phone call to the court to arrange an appointment was done between the Xmas and New Year period. Our date was then set for the 1st March. In November I was a slim size 12, by the time the appointment came with the OR at the end of March I was an appalling size 6. Its not that I did not eat, but the appetite had certainly gone. It was purely the stress of the unknown. I looked awful as size 10/12 is the size I should be. It took over a year to get back to size 12 again. I beleive though that the problem was, we felt totally alone. No-one really knew what we were doing, I did not use this site, or any other forums, so had no support. We knew we were making the right decision for us, so that wasn't the issue really. The few people we did confide in, we only did because we had to. My In Laws knew how hard things financially were for us, so we told them what was going on. MIL used to keep questioning us.."so? do you think they will take the car then? What about the kids computer games?" I know she was worried about us, but the stress involved was incredible. My hubby had been suffering from depression for at least 2 years before the BR and had a breakdown 6 months before. Walking away from the OR appointment was a real turning point in our lives, and beleive me, it will be for you. Keep coming back to this (and MSE forums) the best thing you can do now is keep talking to people who know what they are talking about, You will rebuild your life again, and you will learn from this (we have) Things will get better and normality will not be a dream any more.

There are a few people that are interested in getting back all the interest ever charged to their accounts. (Myself being one) but it is not something that any of us have followed through as yet

Ditto to the above, I used a copy of an electric bill, that will do apparently.

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html Letter N is the CCA template. Send the SAR request off, enclosing a photocopy of ID, and enclose £10 chq/po...... send it recorded. Also send the CCA off, again recorded with the £1 fee

Have you sent them a SAR to find out how much of your debt is due to charges?

FOS hunny... find there web site and you can download their complaint forms from there..... Find another minute or so during your working day! (tis wot I am doing here) lol Thanks for your email, will reply over the weekend and let you know how the birthday celebrations go!!!!

brilliant............gawd you have had your fair share of ups and downs this last week or two............. well done, congratulations xxx

As you have already paid the card off...... not as much fun as if you had a balance! But it just means that without that agreement, any debt in unenforceable, they know it, and we know it.... aaahhhh the feeling of power. It seems to make any claim you have with them so much stronger, they are very silly people

statements still have not arrived. but today a letter was received from a DCA. my friends phoned them up and explained that this account was in dispute... the DCA chap was very pleasant (!!) and agreed that this was far from straightforward. He has been in contact with MBNA and has again arranged for the statements to be sent through to my friends... He also agreed with my friends comment, that on the face of it, this would be laughed out of court!!!! I thought it might be a good idea if we SAR'd the Insurance company, St. Andrews.... what do you think?

I have the feeling that you probably shouldn't mention to the OR that you have borrowed the money from a friend for the BR fee, on the basis that you are going to pay this money back to your friend. It will be seen as priotising (?) one debt over another. (ie you are still going to pay the debt back to your friend, but not to the other creditor) But, having said that, I am pleased for you that you have managed to still be able to move forward and go for it, it took courage for you to make the decision to take this, obviously, very big step and I was concerned for you last week that it looked like you may have to back-track. Good luck with the interview, I have no idea whether the credit checks will be relevant but I have everything crossed for you xx

Really pleased for you. Congratulations xx

I would encourage you to continue your claim. You have absolutely nothing to loose, so go for it. Start from scratch again with the prelim letter, adapt it slightly to say you first contacted them on so-and-so date regarding the matter of £X that you wish to claim back from them, state that you have already received £159, which you thank them for but you still wish to persue for the remaining balance. Give them a fortnight and then send the LBA. Good luck and go for it.

If you are income support then I am pretty sure the bankruptcy costs are much smaller anyway....

yep, certainly will x

well well well........................................................................I did it! after emailing the spreadsheet earlier in the week, I didn't hear a thing until five minutes ago.... I got a phone call agreeing to the higher rate of interest (not sure if it is 24.9 or 27.9, but don't care!) and everything is sorted!! Debt gone, account closed and balance is on its way to me as we speak, via bank transfer..... and it's my birthday next week........................................so happy!!!!!!!!!

Update......... I emailed the lady whose name was at the bottom of the letter from B'card and thanked her very much for the PPI plus interest, whihc I very happily accept. I also mentioned the charges plus the 8% and thanked them very much, I said I was thrilled and grateful for their offer of refunding the balance of the charges back, but is it possible she could reconsider the offer of 8% as they had offered me the 24.9% on the PPI and I was hoping for the same.! I thought it was worth a go. A week later I had a phone call from the same lady, she was very pleasant and has promised to credit my account with the PPI and interest, and she apologised that she hadnt already done it, it had been an oversight. She then said she had ordered the statements for my account, which should be with her in the next couple of days, and has promised to review the charges and interest ???? That's better than an outright no I thought! So, hopefully I should be hearing back from her in a day or two. I will keep you posted.

statements still not arrived,

Personally speaking... once you get the forms from the court, it takes some time to fill them all in and get everything in black and white... It was quite hard seeing it in black and white, but it really made us face up to it and realise what we were up against and it was then we realised that we were doing the right, and only thing... I spent a whole weekend just writing the forms out (AS I have said before, it was my hubby that had the nasty debts in his name, but I always considered that we got into this mess together and were jointly responsible) but by the time they were done and the court appointment was made, things got so much easier... I asked the court what we should say to any creditor that phoned up, they said it was up to us, but it was perfectly acceptable to say to them that we had a bankruptsy appointment at so-and-so court, on so-and-so date.... which we did. Just knowing the court date was looming was of course scarey, but also it was a feeling of relief.. As I said to you in an earlier post, things will feel better and get easier for you as soon as the appointment is set. I am so glad we have been able to help you...keep in touch. xx

The theory is:::: If they cannot produce the CCA then the debt is not enforceable... they know it, you know it but they try to enforce it anyway... But the bottom line is that it certainly does help in your quest to receive any charges back. Personally I got all of mine back, plus contractural interest without even issuing a summons... Yes, send the CCA seperately, with £1 postal order, or cheque and enclose a copy of ID just because they can be difficult about these things, adapt the CCA letter slightly to mention that you have enclosed it. Send it recorded. Keep in touch xx