Whats the Yorkshire/Clydesdale disclosures? Sorry for my ignorance - better get flying then!! kiri260180

Hello Guys I have one credit card with capital one and not much chance of getting any others as credit is bad. I would like to start getting my charges back from them but I dont want to loose the card. Has anybody had them take the card away from them after winning a claim against them? Any help would be apreciated. kiri260180

thank you for your help - luckily the application was filled out over 8 years ago so none of it is current not even my surname!! I will read through the thread, and start my own one. It is just hard to find out if my agreement is and agreement or not as I cant read any of it. I will go back to Barclays again and ask them if this is all they have got as well. thank you for your help. kiri260180

Thank you Moneyhelp I will give them hell during my lunch break and let everybody know how I get on. Thanks again, kiri260180

Hello Please could somebody help. I have received through an application form from them in reply to my CCa request and the application form is completely smudged I cant read any of the print on it. From reading through this thread it probably is a credit agreement as I can just about make out a point for their signature. There is not date stamp on it but I really cant make out anything else. Does this mean that they cant hold me to it? Please I really need some help with this one I would really apreciate it if somebody could look over it. I have attached the file and Barclarcard conditions that were sent with it. thank you kiri260180 Terms.pdf

Hello I am exactly in the same position as you could you please supply me with their phone number as I will start on at them as well. I complained to information commissioner but they still havent done anything. I had started another thread asking what happens if they physically cannot provide the information to us? Do we estimate charges and start a claim this way? There is another thread somewhere on here who actually took them to court to get the info but they could not provide it - I will try to find it and post the link. Anyhelp from anybody would really help, I know this this is probably unchartered territory but please dig deep!! Thank you kiri260180

I thought this may be the case but it doesn't hurt asking. It is just annoying because I have spent the time filling out the claim etc but hey ho at least I didn't have the worry of going all the way. Thank you, for your help kiri260180

Hello I have sent my SAR and sent the £10 it has gine way over the 40 days I have made a complaint to Information Commisioner but they say they physically dont have the information to give me. Going to court to get them to provide the information would bge fruitless as they wont be able to povide it. Does anybody know where to go with this one as I am stumped!!!

Thank you again for everybodies support I couldn't have done it without all of you. Thank you again, kiri

Hello I am afraid that I am not legally minded and I have added contractual interest into my claim but I am not sure how to word this on the particulars of claim. Please if anybody knows then please can they help or if there are any good threads out there please could somebody point me in the right direction. Thank you kiri260180

I was wondering if the bank settles just before the allocation questionnaire was finalised can I still file a wasted cost claim? Any help would be greatly apreciated kiri260180

Hello I was wondering what happens if a bank (I am currently trying to get my statements from Providian - a division of Barclays) They have taken 4 months and they have finally said they cant find the infiormation that I have requested. Where do I go from here - I dont have the statements there were probably charges on there as I have had them with all my other credit cards but I couldn't say when and how much. What do I do?? Any Help really would be great. kiri260180

Hello Everybody, I am afraid that this is extremely delayed as we have been on holiday but HSBC have settled. I received our allocation questionnaire and I sent a letter to HSBC saying that I was going to continue all the way with the claim and that for the third and final time I was requesting the T & C's and that if they wanted to save themselves a further £100 then I siggested that they should pay up now and sure enough 2 days later a full offer came through. I was completely gobsmacked - reading a lot of threads on here I was prepared to go the whole hog - I had printed everything out and was completely prepared. Anyway we got £2,200 so I would like to say a huge thank you to everybody - this has gone to patrially pay some of our loans so thank you again. kiri260180

Thank you very much just wanted to make sure. I will have a look and prepare by getting the T&C's thanks again.

Thank you for the above, I have entered below the defence that they have entered just for interest - Is this standard they seem to going heavily down the terms and conditions route is this a new twist? Can anybody shed any light on the line that I have highlighted in blod and underlined - I am afraid that I am not legally minded what does this mean are they saying that I have got something worded incorrectly? I have also asked DG solicitors three times for terms and conditions but not received any so I think that should be sufficient enough in the judges eyes if I cant provide them? I think though now we have quite a few on one of the posts that I saw so I think I am well covered. 1. The claimant's account is governed by the defendant's persoanl and/or business banking terms and conditions 2. Pursuant to the defendants terms and conditions the defendant is entitled to make a charge for it's services as set out in the defendant's price list, including an overdraft review fee for considering whether to provide and providing and overdraft. 3. The defendant denies that the charges applied to tyhe claimant's account amount to penalties at common law and/or unfair contract terms for the purposes of the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs). 4. The charges applied to the claimant's account are reasonable and are properly and fully disclosed in the defendant's terms and conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRs. Further, the charges are not default charges and, accordingly, cannot amount to a penalty. 5. Save as set out above, eachand every allegation made by the claimant is denied. For the reasons set out above, it is denied that the claimant is entitled to the relief claimed or any relief.

HSBC have entered in their defence on the 18 June 2007 two days before they had too so they are obviously getting more organised!!! Waiting for the allocation questionnaire to come through. I have two questions: How do I alter my claim not to include the £100 fee that I am going to be charged? My partner does not want to appear in court when and how do I tell the court that I need to represent him? Thank you for all your help - kiri260180

Exactly in same position as Tifo. offered 100% charges but no interest said against comapny policy - should I press on? Tifo have you had anything else back the interest is about £250 so I dont really want to loose it but not sure if I want to go to court over £200 either!! Any help anybody? kiri260180

I am exactly in the same position as you sent them the non-compliance 7 days ago and not heard a peep out of them. Are they still owned by Barclays? If they are might be best to try to ask Barclays how squeeze information out of them. Does anybody know what happens if they cant supply the data? kiri260180

I have just had an offer but it wasnt 50% it was a 1/3 - however it was 50% of my prelim. The thing is that in the prelim I did not add the contractual interest but then as people had had success' with this I then in my LBA after they came back to me and offered me nothing I added the contractual interest. Do you think that I ought to carry on and say that I wont accept their offer and continue to strive for the contractual interest and see what they come back with? If they come back and offer me the full amount of my prelim do you think that I ought to settle for this or should I still push for the interest? Any advise would be apreciated. - I know that I have confused matters for myself and they have picked up on this - but if this has happened to anybody else then I would appreciate feedback.

Just from reading other posts - people in the past have written to the debt collectors and told them that they are currently in dispute with HSBC and they have taken them to court once the matter has been resolved then they will be in contact with them. I am sure that someone will fill you in further as to this side of things.

I have written asking for my money back and heard nothing the 40 days are up and I have not heard a peep - sorry to butt in but have you had any more luck as I dont even know if I am still writing to the right address?

I am confused as well - do we need the current T&C's or do we need them for the year in which we we opened our account - and if like me started with a regular current account and then moved to an advantage gold - do we need two lots of T&C's if the charges span over these two periods?

Just an update HSBC have filed an Acknowledgement of Service on two days after being served - a bit pitiful as we have had absolutely no response to either the Prelim and LBA however this gives them until the 20 June 2007 to file their defence. Will watch and wait.:-|

I am having the same trouble with NatWest. I dont know if it works but what about sending them a copy of the default from your credit file and ask them to explain - why if they did not supply you with a credit card have they placed a default on your credit file? I assume that it is under Barclaycard card services? If you are still having difficulty then e-mail [email protected] I gave her a wrong account number and she was able to find my account after I supplied her with all my previous address'. Good Luck!

I e-mailed a lady at Barclaycard who sorted out all statements for me she was really nice and I got them within a week. I like you went way over the 40 days. Her e-mail is [email protected] i have her direct line I will dig it out for you later. kiri260180