This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

When it comes to DCA's, remember, they can do nothing to you without going to court. However, you can appoint a "representative" to deal with them, and if they fail to do so, you can prosecute them for harassment. I happen to be such a "representative" and live only 10 minutes walk from this firm's "Collection centre". So if anyone wishes to appoint me as their representative (no costs involved, though contributions towards stamps always help) then I will be happy to act as a buffer zone between you and the DCA. I can also point you to a good solicitor with experience of suing banks etc for harassment. And no, I don't get a kickback, either. Maybe I should negotiate so I do PM me for details please.

Hi Sorry, I really can't, due to a confidentiality order. What I can do is write you some particulars of claim. PM me...

Nope, not at all... PRovided I remained within the T&C they were happy for me to continue paying them interest at 29.9%... IF I seek determination they'll have that to deal with too, of course... £30 per £100 for a running credit account with no missed payments in 6 years...!

When the charge is issued as a penalty, the position of customers and the OFT is that the charge is unlawful under contract law, and is therefore unenforceable. To quote the OFT statement, 'We consider that a contract term is likely to be unfair if it requires consumers to pay more as a result of a default than the court would order them to pay if they were sued for breach of contract. This means that a default charge should not exceed a reasonable pre-estimate of the administrative costs that the consumer ought to have realised would be likely to be incurred by his or her card issuer in dealing with defaults.' Additionally, the OFT did NOT state that it 'believes a default fee of £12 is fair.' What they actually said, and I quote, 'We are not suggesting that default fees should be set at £12, and a court will certainly not consider that a default fee is fair just because it is below the threshold.'

NAtionwide is worth doing through your local court. My particulars included the following... c) a declaration from this honourable court that the term of the contract leading to the application of the charges is unenforceable; d) A declaration that any term allowing the defendant to terminate banking services supplied to the claimant without cause is similarly unenforceable; And they agreed in the order that they wouldn't close accounts... That seems to be the trick - make it clear that you want your money back but you don't want to change banks and if they try to close as retaliation, you'll go back to court.

They paid up for me after judgement in default as well. I did make the point, before they acknowledged, that I had a copy of their defence, and forwarded a copy of my draft reply to defence...!

I won against Barclays and they paid up some £350... Since then I;ve gone over limit twice, and they've charged me. Each time I sent a further LBA, reminding them of the previous case. The first one - £20 - they refunded. The second one - £12 - they refuse to refund as the OFT says £12 is fair... I'm going back to court for £12, plus court costs. Barclays refuse to negotiate!

Tomlin order. I won, and I kept my accounts. The figure was between £1400 and £1600 across more than one account. Nationwide want my business apparently Keep up the good work.

Hi All The High Court has upheld a PATAS judgement that a PCN MUS have 2 dates, a date of issue, and a date of contravention. Most tickets only have one date on the ticket, and the second date is on the payment slip - this is not acceptable. I'm claiming back tickets from Reading and Camden, and one is already summonsed. Here's a standard LBA to get your money back and show them you are serious. Most councils will not be in a position to contest the case - it's small-claims, there's a precedent on the matter of 2 dates (in the high court, no less) and they won't get costs even if they try to wheel out the big guns, so it's cheaper for them to pay up. Same principle as with the banks - set your own timetable, do not let them moud you into theirs.

We'll declare this as serttled then WOO_HOO

And the cheque has just arrived, so I guess that's settled too. 2 cases in 2 days - that's the way, a-ha a-ha, I like it Prelim letter for the additional £60 since issuing now

Actually, they do defend, but in may case faioled to do so in time, and as I was on the ball, I got my default judgement before they filed their defence - which they still haven't served. They've apparently sent a cheque and want me to notify the court of settlement on receipt... They are so arrogant, they think that with a judgement in my hand, they can still set terms!

And they write back saying "we're sending you a cheque" - which is not acceptable, as a cheque is not cleared funds... So I'm issuing a warrant today

SETTLED - £552 by BACS transfer. So that's £732 from Cap One in total. I make that a £36 donation to make once it hits. The process works, folks... nil carborundum illigitimae.

and now they write back agreeing to pay, but only if I agree to the judgement being set aside AND to keeping the matter confidential. I've said "fine, see you in court, and I'm amending my claim"

1/8/06 - no defence from barclays, so judgement was issued today. I've emailed them asking for settlement within a week, or I send the boys in!

31 July - Dear BikerPaul - £546.73 was your claim, we'll pay the claim but NOT the interest. Do I tell them to shove the £546.73, cos today's figure is £553.93 and it accrues by 36p per day, or do I go ahead and settle? The sum on the date of offer was £552.85, which they seem to have failed to take into account. Since my numbers go up by over £1 every 3 days, I'm tempted to reject... Thoughts please...

Stayed by consent for 1 month as part of the Allocation... Unlikely to be used as an example or a precedent, as the argument isn't the money or the legality of the charges but the injunctions preventing them from acting in the normal course of business to terminate accounts as they see fit.

I'd rather not yet, suffice it to say that I've sought several things in court. 1) Money back 2) Determination of terms allowing fees 3) Determination of terms allowing closure of account without cause 4) Interlocutory injunctions preventing them from discussion or disclosing without priviledge, includingo to staff 5) disclosure of fees, with power of sanction and punitive damages if they settle first. Obviously I have to approach this with clean hands... so can't really discuss what's going on since I've asked the court to order them not to.

10 July - Dear BikerPaul - blah blah £152 final settlement. 14 July - Dear C1. £550 in court, shove your £152...

Send me your email by PM, and I'll send you copies of all of my letters.