Just phoned court. No defence received however they have requested my claim be struck out (they wouldn't tell me why). Help desk has said that it will be put before a judge who will decide if there is to be a hearing. Any advice as to where I go from here.. any advice gratefully recieved

The name on the letters received last year was always Kirstie Ross, she wasn't present at the last hearing (to decide whether adjournment should be lifted and allow me to submit new POC). If you think its worth applying for summary judgement now I'll look into it. I'll phone the court soon as I get 5 mins and find out how to. Thanks for looking in, much appreciated.

Yep not long now. YB should have submitted their defence within two weeks of me submitting my amended POC (which was quite a while ago) they haven't, in fact no contact at all from them, will point this out to the court

Hi Caro, Have just been on to the Court. 30 mins have been allocated, no defence received as yet. Will keep checking. Have quite a good handle on this, but would appreciate running through things if there is anyone who can help? Cheers

Hi Caro, it doesn't say anything about time allocated at all, entire letter produced verbatim apart from dates, court name etc, when I called the court they said it was very confusing on their system and she would have to go through to the Civil section and get clarification. Have to ring back on monday. Will let you know as soon as I hear.

Hi Caro, thanks for the advice. No Defence has been received by the court as of today. The letter states: TAKE NOTICE that the Hearing will take place on DATE******** TIME ****** at (Name and address of court) When you should attend. Please Note: This case may be released to another judge, possibly at a different court. And thats it.

Hi Caro, Yes this is for Bank Charges Only. Amended POC submitted last year, have had no defence from YB, should I contact them? Hearing is around 6 weeks away.

Well, the wheels have finally started turning.....I have a court date, I believe I have a case, if any one would like to wade in with any advice re: the current situation, i would be very grateful!!

Just a quick note to say still no news, I've rung the court and they are chasing it up.....the wheels are grinding very slow indeed!!!

Quick update. Judge allowed an adjournment and for me to re-submit my POC. Onwards and upwards

Hi Ho Quick update, after 3 years I am finally allowed to have my say in front of the Judge. I'm in Court tomorrow to request that I am allowed to Submit new POC, not heard a thing from YB but suspecting an ambush Will update as soon as I am out, keep your fingers crossed.

....just got a letter back from the court, they have allocated time for a hearing to decide whether I am able to submit amended POC at the end of June. Thanks for the link teaboy2, i'll have a look

Now I find after checking my credit report that I have to accounts on the report. one showing a default, one showing satisfactory, both for the same amount, both for the same account!!! Phoned Eperian and they have advised me to take it up with the bank....this is going to be a fun phone call!!!!

Heard from the court that they have transferred my case to another court, looks like I may get to put my case to the Judge Will update as soon as I get more info

Hi all, Had a long hard think about this, lots of positive news and info on the site, so I have decided that I am going to request that the court lifts the stay, and that I am allowed to argue my case properly. Looking back through all the correspondence I have had has stirred me up quite a lot, certainly not going to lie down and take this, there is no way that these institutions should be able to get away with this!! Fingers crossed!!

Hi Bankfodder. Have sent an email. Link to thread is: http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/251720-yorkshire-bank-charges-crunch.html#post2826676 It's been a bit of a saga, any help would be greatly appreciated. Thanks TvTan

Hi, have been reading Bankfodder's request regards claims against YB and have copied the pertinent parts of my thread over at PC. Any advice would be much appreciated, received latest letter Friday. 1. April 2007. Sent Letter asking for statements. 2. Statements not received. Complaint to ICO. 3. Statements arrive June 1. Separate claims for Charges and PPI. LBA and PPI letters sent. 4. Filed in court beginning July 2007. Acknowledgement received 3 weeks later. 5. 16th August. Case Stayed. 6. Feb 2008 - Letter received from Solicitors acting on behalf of YB chasing outstanding amount of £****. I called them and informed debt was in dispute and I had written to YB stating that using the template letter from PC. I was informed by the operator, then the call centre supervisor that YB had said that as the test case had still not been decided that this was not a valid dispute and I had to make an offer to pay else they would instigate legal proceedings. I quoted the letter that I had written previously, and she basically said I wasn't listening and I HAD to make an arrangement to pay. 7. Feb 2008 - Second letter received from YB as well as a collections firm. state that they will be commencing County Court action. YB also state that they are aware that whilst the test case is still undecided they will be pursuing payment of any monies. To quote: 'To clarify further, any investigation and refund is suspended pending the High Court charges 'Test Case' decision. On this basis recovery action will continue until a repayment arrangement has been made. Therefore, I would recommend that you contact this office on the above telephone number immediately to discuss your interim proposals.' They have then attached a couple of pages of Q & A's explaining the banks position and explains that "The FSA decided that, in the circumstances it was appropriate to grant us a suspension of our obligations under the FSA's complaint handling rules while we seek legal certainty on this issue." 8. March 2008 - Another letter from the collections firm. Complaint put into Trading Standards regards harassment as debt is in dispute. 9. April 2008 - YB Customer Services letter that explains whilst they are sorry for any distress that there automated system has caused by sending out letters. They flatly deny recieving letters (although I have signed for reciepts and confirmation from Royal Mail) and they go on to say that this is not considered a debt in banking terms and so therefore I have to make a repayment. Sent reciepts etc and re-iterated the points I have made previously, have updated Trading Standards. 10. Another (different firm) collections agency write this time (Suspiciously all have the same address as YB? Updated Trading Standards. 11. October 2008 - Trading Standards indicate they have been in touch with YB and I should get no more letters. 12. October 2008 - Letter received from Claim submitted against me at Northampton County Court!! They are asking for the amount outstanding when I put my account into dispute. I have a claim at another court (as above) for twice this amount. 13. Submitted defence. Case stayed. 14. Feb 2010 - Received a letter from YB's Solicitors stating that The Court (referring to the OFT test case) has ruled in favour of their client and as a gesture of good will their client is willing to accept *** amount as full and final settlement!! I have 14 days to confirm acceptance 15. A few days later I received a letter stating that they have withdrawn the offer made two days ago and are now contacting the court to finish things off. 16. Friday 12th March - Received letter from YB's solicitors stating: With reference to our letter dated XXXX, to which we have not recieved a reply. In view of the outcome of the OFT case my client is now within their rights to request that the court remove the stay and list the matter for a Small Claims Hearing. My clients instruction are to proceed with the above, however to save further time and costs to both parties my client is willing to extend the time for a settlement to be reached until XXXX. If no contact is received from you by this date an application to the court will be made without further notice. Thats the whole thing in a nutshell. Didn't quite realise how long this has been dragging on!! Many thanks for any help that any one can offer.

+ 1 60 a day for 35 years, stopped overnight. That was 5 years ago, have not had one flicker of a desire to have a fag...at all. Try it, it works.

Did for me 60 a day for 35 years, stopped overnight, no problems since. It works.

I'm in exactly the same boat! 3 loans all paid each other off. Have applied 6.9% interest using the standard spreadsheet. Would appreciate it if someone more knowledgeable could advise. Will keep an eye out! Good luck

Hi Jeff, thanks for looking in. I Requested CCA as I was going to approach from this angle, I realise that is not a valid route now. Have just been doing a bit of reading regarding further action I may be able to take and am going to be paying close attention to un1boy's thread. Will send off DPA first thing tuesday to try and get an idea as to what my position is.

Now there's a thought

No...the ex wife is the bitch never mind, worth a try. Thanks for your help.

Hi I was wondering if there is anyone on the forum that may be able to help. I am currently in the process of sorting out my credit history and I am looking for some advice with removing a T-Mobile default. Long story short, ex-wife's phone, messy divorce.....default. So far I have tried requesting CCA from T-Mobile, they have replied stating they do not have to supply this. Does anyone have any idea how the best way to approach this would be? Many thanks

Hi all, currently going through a similar process as most in trying to get penalty charges refunded. I have come across a bit of a complicated one and I thought I would post here and see if anyone has any ideas. Firstly, I have sent a Data Protection Act request on 30th March to GE Money for two accounts. 1. Car loan - GE Capital Woodchester 2. Kwik Fit Card GE Capital Woodchester has responded 16th April re: car loan. All statements etc. £26 total in charges. I have sent LBA to GE Capital Woodchester to reclaim on principal, this was acknowleged on 26th April . The Kwik Fit element has not been acknowledged apart from one letter on 7th May addressed to someone entirely different in the letter, with my name and address at the top?? asking for £10 and a few lines telling me that this is called a Data Protection Act request??? Subsequently replied with copies of all data previously sent, copies of PO etc. giving them until the 17th May to respond.....still nothing. This debt was for around £261 + Court fees which ends up at £361. The majority of this figure was penalty charges, the initial amount on the card was £80 for one tyre purchased for my ex-wife's car. The reason I ended up in such as state was due to a period of illness (Cavernous Haemangioma causing mobility and sight issues, I was unable to work and on SSP) followed by a messy divorce resulting in letters being mislaid all over the place and forgotten whilst I tried to sort life out Although I had set dd's in place to pay this debt off, the payments failed due to financial hardship caused by loss of earnings. The original £80 on the card grew, due to missed payments etc to £261. When I received a letter from CL Finance and the courts I panicked. I accepted the debt as the card was in my name. I wrote to the court, cannot really remember what I stated, however, I was issued a CCJ on 14 Feb 2005. I set up a payment arrangement with CL Finance as stated on the court documents and have proceeded to pay this amount off. I am now slowly getting back on my feet and am determined to put right all the negative aspects of the last few years. I am now in a good relationship, both have secure jobs etc and we would like to buy......the trouble is with this on my record I have no chance and this is where I could do with some advice. I want to challenge the CCJ due to it being made up almost entirely of penalty charges. I have no paperwork at all. I am waiting on GE to reply to the second DPA reminder to prove that the amount of the CCJ is offset by the amount of unlawful charges applied to my account. I do have a DPA ready to send to CL Finance, however I am not sure if this is warranted until I receive the data from GE. If there is anyone that has had experience of dealing with these people, or any advice for how to proceed, I really would be most grateful. Thanks very much for your time