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  1. Thanks unclebulgaria. I'll give it a try. Watch this space. Cheers, T.
  2. Thanks again for the input. I think I've put you on a bum steer with this one. They are Liability Orders. I assumed, in my ignorance, they were a consequence of CCJs. As I said in my first post, they cover the years 1999 to 2003 and the council hasn't (up to now) tried very hard to enforce them and I agree that they are just trawling through old files. Their last contact in 2008 was due to me changing my bank account details. If they are never Statute Barred can you suggest how best to proceed? I have told them I have no record of the debts and asked them for more details (dates of hearings etc). I am prepared to pay it if need be, but I must admit, I thought it had gone away. Cheers, T.
  3. Many thanks for the quick answer and the info. I'll get dig out what details I have. Cheers, T.
  4. I wonder if anyone can offer some advice. I have received a number of letters demanding payment of Council Tax arrears. They cover a period from the late 1990s to about 2003. At that time the council took the matter to court and there are judgements outstanding. I made an offer to pay but the council wouldn't accept it and told me they would put in place an attachment of earnings. This didn't happen and I heard nothing until September 2008, when they threatened me with bankrupcy. I made the same offer again (probably a mistake) and again, they wouldn't accept it and again they said there would be an attachment of earnings. Needless to say, this didn't happen either and now, another 5 years later, it's all starting again but this time they threaten to send in the baliffs. What can I do? If I owe it I'll pay it, but only at a rate I can afford. Had the council accepted my last offer the debt would be cleared by now. Cheers, T.
  5. Thanks dj. I would love to see them charged £500 but, at the end of the day, it's peanuts to the bank. I think court is the way forward and it won't be the first time. I've sorted out many a credit card claim over the years and they seldom get the the courtroom. They have, I think another week before my letter before action, so I'll keep you posted. Cheers, T.
  6. Greetings all. I wonder if anyone can give me a bit of advice. I opened a current account with HFC twenty odd years ago. I don't remember discussing PPI at the time, but each month there was a small charge for insurance. I questoned it several times over the years but it was not until 2009 that they admitted that it was for life insurance. They agreed to cancel the policy (they had always refused previously) and I requested that they refunded premiums and interest. They offered less than £100 which i rejected. Anyway, to cut a very long story short, I sent an SAR to which they responded and I have sent a preliminary request for an outrageous amount, giving them 14 days to agree before I send a Letter Before Action for the County Court. However, looking through the threads here, it seems that the most usual course of action is to complain to FOS. What is my best course of action? Cheers.
  7. Hi Scooby. Thanks or the quick resonse. The account I'm looking at now is a secured loan that I've had for a fair few years. I'll scan a couple of pages and post them up. It won't be until tomorrow though - the scanner's in the loft. Cheers, T.
  8. Greetings again Dudes. How the years do roll on. I'm still battling with this lot and to be honest, I'm not making much progress. The old CAP account is still on hold. I'm not paying and they're not writing it off but i finally sent a SAR for both my accounts and they sent the stuff just a couple of days before the deadline. It weighed a ton and is about as thick as 3 old telephone directories. I am slowly working my way through it, but their statement sheets make no sense to me at all. The payments and charges shown bear no resemblence to the running balance. Is there anyone out there that can explain how it works? Keep the faith, T.
  9. Well, 10 months further down the line (and 14 months after my request for a copy of the agreement) HFC have finally admitted that they 'can't find' the documents for this account, but they confirmed that it was opened 1985. Despite this, they claim that it is a valid and enforcable account and intend trying to get their money. Am I right in thinking that without an agreement they have no chance? Cheers, T.
  10. Received their 'Final Response' letter today: it's pretty much a carbon copy of their first offer, slightly different words, identical amount. I'll complete the N1 at the weekend (as if I haven't enough to do ) and deliver it, by hand, to the court on Monday. Let battle comence . Cheers, T.
  11. Hi DD. Send them the 'Subject Access Request' letter. You will find it in the template library. (sorry, can't do links). The address looks fine. There is a £10.00 fee but you can claim that back as well if there are charges on your account. They have 40 working days to comply with your request and they will undoubtedly take every one of them. To get all your charges + interest, you will probably have to issue a claim against them but they will pay up before it actually gets to court. Good luck. T.
  12. I don't know whether this would be of any use: I note that you have offered to repay me the difference between the charges you have levied against my account and the £12 charge you have now implemented. . I note that your letter effectively seeks to justify this charge on the grounds that it complies with OFT guidance. In that guidance, the OFT says: As a practical measure, to help encourage a swift change in market practice, we are setting a simple monetary threshold for intervention by us on default charges. The threshold is £12. (Paragraph 5.3, emphasis mine). We regard the setting of the threshold as a provisional practical measure to move the market towards compliance. We should make it quite clear that we are not inviting the banks to align their charges at such a threshold figure. We are not proposing that default fees should be equivalent to the threshold, and a court will certainly not consider that a default fee is fair just because it is below the threshold. (Paragraph 5.5, emphasis mine) The threshold is not intended to be a permanent feature of our intervention in this market. We will consider further action if trends in the market suggest that this threshold approach is insufficient to bring about appropriate and early change in the market. (Paragraph 5.6, emphasis mine) It is also important to note that the threshold for action is a statement of our regulatory intent. We have no power to constrain private civil actions or to determine what a court should decide and other enforcers may apply for injunctions under the UTCCRs. (Paragraph 5.7, emphasis mine). It is quite clear from the above that Capital One cannot claim the charge of £12 to be sanctioned by the OFT in any way. I therefore accept your offer only as a partial settlement of my claim and intend to continue with a court action since the OFT guidelines say that the fairness of the charges should be determined by a court. Best of luck. T.
  13. Thanks Alanalana. LBA will be in the post on Thursday morning. I messed around with a spreadsheet @27.7% back to 1985. The first payment of £1 attracted intrest of £345.00 and getting on for £2k in the first 6 months. I think I'll settle for 8%. I don't think HFC have any paperwork at all for this account - certainly not that old: nor do they have an agreement. It should be quite a laugh when/if it goes to court. Thanks again for the support. T.
  14. Greetings all. I have sent HFC a preliminary request for repayment of premiums and interest @8%. I dare not claim interest at contractual rate, the sum would be enormous. Their 14 days are up on Wednesday and it will be time for the LBA. As I said in my previous post, I have asked for the return of premiums going back to 1985. Can I do that?? I've read through all the stickies and can't find a definitive answer. Any advise would be most welcome. Cheers, T.
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