Just to update - I filed my N1 last Thursday 26/7. Ironically the same day that the news of the OFT test case was released. I was blissfully unaware at the time until I caught up with the news on the forum :confused: I have today received a letter from Halifax regarding my SAR for two accounts I hold with them. One of the accounts is the one I have just filed the N1. I went ahead with this claim as I was missing three statements. The second one is for an account that I know I had lots of charges levied against but was not as meticulous at filing statements for. I made my request on 11 June. They are well past the 40 days and the letter I received today, dated 27 July, states that alll the documents are ready and will be posted out to me shortly. On 27 June they wrote me and said that they would meet the 40 day deadline - yeah right! Anyway that's my news on this thread for now. deedee x

Good luck Welsh Nick. Abbey have until this Friday to acknowledge my claim. MissPhonic Lambeth CC have a backlog and are not being timely with paperwork. I wish I'd filed at Wandsworth CC which covers my postcode too and probably yours. They're a bit more on the ball. I say this with regards to my CapQuest CCJ thread. Anyway I hope all is well with you all. I'm off to see if I can help Jo with her AQ question us v the Abbey for £7,500 . I'm away for two weeks after next weekend and will try desperately to resist the urge to log in! I will of course check in before I go deedee x

Hi Simon. I see that you have had the most excellent of help from abroadgirl! Hello abroadgirl - I have to give you major props , for assisting Simon As you can tell, you are a bit further along than a few of us on this thread, hence why we were not able to answer as definitively as you have. Anyway guys, hope you good luck to you all. ABG - I'm off to read your thread! deedee x

That's what I'm trying to find out! Apparently this is not as uncommon as one would think. My CCJ from Capital One was granted in a similar fashion. I didn't receive their response pack, if I had done so, I would have put a defence in. The first I knew of this CCJ was when I checked my credit files Either way they're trying to play dirty now so I'm fighting back. They had FOUR months to try and enforce the debt and only decided to do so because I made a CCA request. Tomorrow 30/7 they will have committed a criminal offence under the CCA Act for not complying with my request. As you will have read from my thread, I have put an Application Notice in as I want a hearing with a judge to have their judgement set aside. I really want to see them in court and to see the document(s) upon which they will rely on to try and dissuade the judge from granting the order. deedee

It's strange because the N61 was POSTED using the Royal Mail. The franked impression on the envelope was marked 26/7/07. I'll call the court and the bailiff on Monday.

Thanks ODC. Do I send it to the court office?

Oooh - how annoyed am I?!!!! I came home today to find a letter that was posted from the court yesterday. It was from the bailiff who had tried to serve an N61 form on me. This form is an "Order for Production of Statement of Means". This is only sent if the defendant FAILS to return the N56 "Attachment of Earnings Order". The letter has a number on it for me to call the bailiff so that he can serve the papers on me. If you remember I dragged myself from my sick bed to hand this form (N56) in! Thank goodness I had the presence of mind to ask the clerk to photocopy it for me, so I have a stamped copy showing that it was filed on 16/7/2007. Irritatingly enough, when I called the court on Wednesday to see the progress of my Application Notice and whether the AOE had been processed, I had to deal with a twerp. He took over 10 mins to give me the information I wanted. The long and short of it is that my N244 had not yet been sent to a judge and the N56 had not been processed yet either. He informed me that there was a 10 day (????!!!), backlog and that there was a staff shortage as people were away on holiday. NOT MY FLIPPIN' PROBLEM!!! He said that everything would processed in due course. I'm so p***d off and angry as I now have to wait until Monday to try and get to the bottom of this. :mad: RANT OVER!!!!!

I can't Kia but you and I contribute to some of the same threads, so it shouldn't be too hard to work out

MacBoy, I've only just noticed that you have regained your Gold Account status. Which post was the inaugaral one? LOL - shows how much I've been paying attention. Is the Gold Card avatar going to make a comeback or is Howard's facial appendage here to stay?

That's the meaning I was going for - not the legal one! LOL! shAbbey will become "vexatious defendants". Actually that should read "vexed" litigants. :D Ok - I'm going to stop now before my wrists get slapped - AGAIN deedee xx

Darned it - I was hoping to become notorious hee hee!

Hi Hopeful. Sorry it's been a while since I last checked in. I've had lots going on too, so it' been hard trying to keep up. I'm often on here until the small hours of the morning trying to catch up with everyone's progress. I'm so sorry to hear about your problems with Barclays. Well done for getting your bank details changed in time! I have had my own tussles with Barclays in the past and no, they don't play nicely so neither should you. I know you have a lot to deal with but remember we are all here to lend a "virtual" hand. Once again just lending my support - you have done magnificently well so far deedee x

Hi guys. ROFPMSL!!! What are you up to?! Thank you for making me laugh as I have just got home and found a FINAL fob off letter from the shAbbey. I'll Photobucket it in a bit so you can have a look. They're full of the hot brown stuff. Just as well I issued my N1 - huh. Yes Salesman my dislike of shAbbey is extremely "rational" - maybe a bit too much. FYI the "vexatious litigant" comes in a mocha shade of brown, usually is of neat appearance (yeah right) but can transform in the blink of an eye into a red-eyed, law quoting writing machine when irritated. Fortunately a "mutant strain" has not yet manifested itself - you just can't beat the original you see! deedee x

Thanks UK. I will read this in a bit. deedee

Ooh that's a new developement I wasn't aware of. Do you have a link for either case? Were they for credit cards or bank accounts? deedee x

Hi Salesman, I was just checking in to see how you are getting on. Still no statements huh? Have they exceeded the 40 day limit yet? If so, have you considered taking them to court to ensure their compliance? It might be worth considering. The estimated charges that you have filed, does it cover the whole length of your banking history with them? Anyway good luck with everything I'm a couple of weeks behind you. I issued my N1 on 13/7/07 it was deemed served on 20/7/07, so the count down begins. deedee x

Hi 120805! How is your Littlewoods battle going? I CCA'd them and have heard nothing - not a peep. They are in default of my request now and have been since 27 June. They haven't amended my credit file either as I have checked. This coming Tuesday 24 July it will have been 28 days since their default and they will have committed an offence under the CCA 1974. I think complaints in the first instance will go to Consumer Direct and then on to Trading Standards. I haven't started my own Littlewoods thread yet as I have been so busy with my three other claims! I will do soon. Anyway please update again as I am really interested in knowing what your next steps will be. Take care. deedee xx

Hey Micky. Thank you for popping over to my new thread. I agree, Smile are the worst for charging IMO. They charged me £5 a day for over a month on more than one occasion. If they don't pay debit interest, does this mean I will have to continue to court to try and get it paid to me? deedee x

Thank you darling Kia! My issues with Abbey at one point stressed me out so much it made me physically ill Hence why they were the first claim I made. I'm going to keep going until the end. I will not settle with them unless they meet all my demands. Thanks for the support. deedee xx

Hi Loz. Just checking in to see how you're getting on. I filed my N1 last Friday 13/7/07. It was deemed served as of yesterday, so Abbey have 14 days to acknowledge my claim. As our timescales were almost similar I wondered if you had reached this stage yet? Please update us soon. deedee x

Hi Little Bob. Just to let you know that I have started my own thread under deedee1310 v Smile. I had delayed starting my claim until I had all my charges. Once I had received this I needed to work out the overdraft interest I have been charged as I wanted to claim this back too. I have just finished that today. My Prelim letter and penalty charge schedule has been printed off and will be winging its way to Balloon Street by Special Delivery on Monday. Thanks for the encouragement. deedee x

Good for you Dusary. You should definitely "stick to your timetable" On the shAbbey note, I filed last Friday and received my Notice of Issue yesterday. My N1 was also deemed served as of yesterday. So the 14 day countdown begins! My award from shAbbey (£5400 including Stat Interest) will be going towards a new kitchen and bathroom and a nice weekend away for me and the OH. Oh yes - and new shoes for the children. LOL!! deedee x

It was Vamps Spreadsheet 13 - which BTW does what it says on the tin (it works)! I exported it to Excel and for some reason the whole formula that works out contractual, didn't copy over. I did find it odd that the interest for contractual was almost the same amount as my amount of charges. It only came to my attention when I was helping a friend with the same spreadsheet and the contractual interest figure was almost as the 8% Stat interest figure. It makes a difference of over £800 on my claim so I need to allow them this time. I know that it's the schedule filed at court that is the one that needs to be absolutely correct but I wanted them to be aware of the amended amount before I file. Hope this makes sense! deedee

Hello all. I am making my first post on the Smile forum as I am now ready to begin my Smile claim. I have three other claims on the go at the moment, hence my delay. I am hoping that this forum is as helpful as the Abbey, Capital One and Halifax forums. I will be sending my Preliminary Letter to Smile on Monday. Including overdraft interest, Smile owe me £2553.05. Wish me luck! deedee1310

So N1 it is then. Hey ho! Thanks SSL as always. deedee x