Wish I could take holidays like this. No wonder the courts are under such strain if all the judges swan off on holiday for months at a time. Lets hope it's not being paid for by the directors of Natwest..... then again, maybe the judge just got his bank charges back and is treating himself

Hi, Did you start your MCOL against Littlewoods? I am at the same stage and am about to fill out N1 at the court as I want a default removed as well. I got no response to my Prelim or LBA.

you could try phoning them to begin with to say that they accidentally sent you 2001 twice but missed out 2002-03 statements. It was probably a silly error that they will sort out quickly, usually it is the older statements for 2001 that they 'forget' to send and waste more time so that by the time you get them they are outside the 6 years. They should agree to send th e missing pages quickly if your polite and reasonable. If they are @ssholes on the phone then follow up with the LBA for non-compliance from the templates area of this site

Hi, I got the same cr@p from barclaycard when I sent a DPA request with them. I didn't know the card number but suplied all my names and addresses. They wrote back after a couple of weeks saying they had no record of my account. I called them and gave them the same information and addresses and they said it was being handled by ther debt collection area and that was why they couldn't find the information. They gave me the card number. I wrote again with the non compliance LBA saying that it was unacceptable saying they couldnt find my account when they found it in a couple of minutes on the phone. I received the 2004 statements within a week but they were all blank as the aco**** was closed in 2003. I didnt receive the earlier ones off the microfiche until yesterday which was about 6 weeks after my phone call (so 8 weeks wince sending DPA). So you will get them eventually but they pay no attention to their legal time restraints.

I received the rest of my statements today dating back to 2002 when I opened the account. There was only £300 in charges. When I settled the account in 2003 I paid them £163 short as agreed with them as full and final settlement with the DCA that was chasing the debt at the time. I am not sure whether to bother reclaiming the charges or if its best to let sleeping dogs lie as presumably they will try and offset any repayment against the balance they wrote off in 2002. I do not have a default on this account and am concerned that they might try and give me one in retaliation if I take them to court to reclaim charges. Any else had similar experiences?

Bad news on the default settlement situation. It doesnt make a lot of difference to your report when the default is settled. The fact that theres a default at all is the showstopper and whether it shows as settled or not makes very little difference. I know it didnt make any difference in my case and the default is 5 years old like yours but only settled recently. My credit score hardly changed afterwards and will stay very low until the default goes after 6 years. If you settled the account with a partial payment, your credit report will also state this and the account will show as satisfied and not settled. I don't know what difference this makes but some people on here reckons that is nowhere near as good as settled as it would be if paid in full. Sorry to be the bearer of bad news

Sorry forgot to say its actually a BOS mastercard and not bank account

After the intial delaying tactics of saying they couldn't find my account, I called and they found it in seconds. I sent a combined LBA for non compliance with a further demand for statements. They sent the first part of the statements within a couple of weeks, but unfortunately they were all from 2004+ but the account was closed in 2002-3 so all the statements were blank! It is the older microfiche stuff that I am waiting for that they reckon 'we are not required to supply as we believe that it falls outside the DPA but as a gesture of goodwill we will supply what we can but will take a long time' But the big charges period is 2001-2 and obviously they are taking as much time as they can so they can refuse to supply the earlier ones as they are outside the 6 year scope. Every month they delay they think they are saving themselves 2 x £20 for charges that become over 6 years

HI did estimate for prelim based on £20 as nobody would tell me how much they charge for a normal penalty fee. I'd like to get this right for the LBA. Does anybody know how much BOS charge for a normal overlimit/late payment fee prior to the OFT reducing it to £12? Any help is much appreciated.

Its been well over 40 days and I still havent got the microfiche statements and this is where all my charges were as the account closed in 2002. It was the last 12 months where I think a lot of charges at least late payment and overlimit each month every month. Does anybody know what their standard penalty charge was in 2002 ish? I will then write prelim based on estimate. They havent supplied the credit agreement either and that well well outside the timescale required. I wrote to ICO but they just say they'll write to them and ask them to hurry up

I had a similar scenario with Cap One, where I partially settled the balance but they accepted payment as full and final settlement. I was advised on my thread that as they had accepted the payment in full and final settlement that any charges I get back would not need to be offset. In their early partial settlement offer they said they had refunded the difference between their charges and the OFT recommended £12 to my account. I wrote back and told them that it was not acceptable to offset it against the account as it was already settled. I have had no reply yet. I began court action last week and my claim is much more than the £250 of the balance they wrote off. Unfortunately I do not have the letter saying that they accepted my payment as full and final settlement although they have reported that partial payments were accepted as full and final settlement to both Equifax and Experian. I made the default removal part of my court claim so won't settle without this anyway, so it looks like it will go to court anyway. If you still have the letter admitting that the partial payment was accepted as full and final settlement of the account, then you may be in a better position than me to insist on it. The fact that they have already issued some cheques to you may well be an indicator that they accept they have no grounds to pay it off this written off balance An exoert may be able to clarify one way or the other

Hi, I read on one of the other threads that user DAD had a claim with contractual interest and his bank offered settlement in full minus the contractual interest, but he declined it and so when he got to court he was arguing solely on contractual interest and not the charges. He lost in the high court and thus actually set a precedent meaning no court is likely to award contractual. So I would be very very wary of declining their full offer plus stat unless you are confident of a new CCI argument andf may even be liable for costs according to some of the experts here. http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/97691-contractual-interest-precedent-lost.html I have seen lots of threads recently of cap one still paying out CCI since this but obviously they will pick and choose. I am still waiting for a response to mine which is similar to yours in that the interest was much higher than the total of original charges.

I just got the third 'we are looking into your complaint, here is our leaflet' letter from HSBC. I got one after my letter complaining at SAR being late, another one after Prelim and a third after LBA. Each one has assigned it a different reference number. My court claim has already been issued (deemed issued on Friday 29th). Shall I bother phoning HSBC and tell them to combine the 3 references or just ignore it and wait for the court proceedings to happen?

Jubaxt, My claim from Cap One for £2000 inc CCI was posted to the court a couple of weeks ago and was also deemed served on friday so should be sorted around the same time as yours. Good luck

I called the court and they told me the case was issued yesterday (26th) So just sit back and play the waiting game now.

I called the court and they said my case was issued yesterday 26th

Ppman funny you should say that, I did ask my bank manager that once because it kept letting me go a bit overdrawn through the ATM and you didnt even realise you were overspending because the balance on the screen was a few days old. He blamed it on 'The emergency tenner' which is the amount that they let you go over your limit just in case, and his words were like 'you go out and get stuck somewhere in the rain and need to get an emergency cab home' I.e. a poor excuse to trick you into going slightly overdrawn and therefore charging your @ss £25 for the priveledge of being overdrawn and another £25 for card misuse. That is their excuse for why you can only go overdrawn a certain amount via the ATM before it says no. One of the bank employees explains about these internal limits a bit better in the 'word from the employees' forum.

Bispers, As its only been a couple of days, you could try calling and ask them to remove the charges. If they don't then send them the prelim letter and begin your claim for repayment. The letters are in the bank templates library.

Beamer, It is standard procedure nowadays for the banks to defend the claim and for Moneyclaim to transfer it to your local court. Usually claims through Moneyclaim do not require an AQ to be filled out, but sometimes the court will still want the £100 AQ fee (which you can add to your claim if paid). Your best bet is to ring Plymouth court with your claim reference number and ask them if the AQ is required and they should tell you whether it is or not and send you one if it is. They will usually be in touch with you in a week or two anyway but for peace of mind you could chase them up.

Funny how they will call you and get things moving quickly when they want to. Normally its the usual "response in 4 weeks due to high demand etc etc" Shows they must have been brickin the thought of it going to court

doompixie, To claim via the FOS service they first require that you write to the bank and request the refund so follow the normal route (i.e. Prelim then wait 2 weeks then LBA) in the meantime the bank usually sends you either a partial offer or a point blank refusal. If it is a point blank refusal then you can go to the Financial Ombudsman Service website and begin your claim with FOS. If they send you a partial offer, send the rejection offer and if they reply again they will say it is their final decision. At that point you can take it FOS If they dont reply at all you have to wait 8 weeks until you use the FOS Once the case is with FOS they usually begin looking at it a few weeks after you send them the complaint. They are very busy and I have been waiting 2 weeks for them to look into my complaint.

Hi, Does anybody know how much the BOS default charge for credit card overlimit and late payment etc was before they reduced it to £12??

I'm claiming in England, wrote letter to the scottish offices though I'll file claims against main HBOS office in Halifax

The cheeky twits sent me a letter today saying they couldnt locate my account and returned my SAR letter. They saids they wouldnt be charging me the £10 and that i should write a new SAR and include my account number or all previous addresses. Liars banked my cheque in April anyway! This is an abuse of process to wait over 2 months and then say they can't find details The FOS and ICO havent written back depsite me complaining to both a couple of weeks ago. I am going to send BOS a prelim reclaim based on 2 charges a month (late fee and overlimit fee) since the opening of the account in 1998 and add on contractual interest at the rate advertised on their website. If it comes to court, they need to prove my wrong by supplying the actual charges surely? Although my calculation won't be bad as I was getting charged both fees every month and my credit report shows the account as being 1-2-3 months late Does anybody know what the standard fee for Bank of Scotland mastercard was?

Nice one, 34.9% thats amazing, considering only last week people were saying how contractual claims were dead and buried since that high court judgement the other day. At least Cap One are still paying out!