This thread is open in General consumer issues as well and look like it's continuing there

The law for industrial tribunal's has changed recently look again on the ACAS website under (dispute resolution). If you don't stick to most of this your tribunal request will be rejected. from what I've read youv'e more or less satisfied most of the requirements also go to your local CAB

Look in the templates library telephone harrasment response letter. hope this helps.

Thanks Tilly I'll File this Week

Thanks Tilly:) but if the banks win:eek: and I can't get a stay lifted to get my case heard before then:evil: . will I be liable for the costs? Sorry to sund a bit dumb:?

I'm ready to file at court but before I do I would like some advice. I've just been away for two weeks and upon return recieved the new standard go away letter form the Halifax (all claims on hold , will apply for stay Blah Blah) My question is this. If the OFT looses will I be liable for court costs as my claim is to large for the small claim's track?

As has been noted elsewhere on the site and in this thread, Mobile phone contracts are service agreements not credit agreements and are not subject to the Consumer Credit Act. If you quote CCA at the network you'll get nowhere and look silly. Sorry I didn't realise

Fuzzywuzzy try a CCA request if no agreement then debt unenforcable

read CCA's and Dave against the world thread it's got loads of info re CCA's

Use letter 1 in the rejection letter templates

If you claimed your charges would they cover the outstanding amount owing on your loan? you could send a SAR but also include the wording in your letter that the account is in dispute just alter the template to show this wording. they should hold off on any action that they may be threatening. then just take it from there following the guidance on here to reclaim your money. sorry I can't be more usefull but I'm new to all this myself.

I got the standard we're sorry to hear your not happy bla! bla! bla! but we're not refunding you your charges letter today. They have replied early so do I give them the full 14 days, or do I send my LBA.

I get a phone call every 15 - 20 mins Mon - Sun week in week out. I let it ring out so the answer phone will take over but the caller just hangs up its always the same number. I think I know who it is (M&S Money) this is my wife's account and she is behind a little on her payments. She missed a Payment about two months ago. She has had contact with them and arranged to pay extra each month (After being lectured about the way she has managed her account). She asked them to stop telephoning and to write to her if they needed to dicuss her account. they refused and said they will continue to ring her until she brings her account upto date. We feel like were under siege form them. It is so bad that we unplug the phone so that we don't have to listen to ringing all day long. we only plug it back in after nine at night. I think I'm going to buy a recorder and start answering the phone to them. As the saying goes Give them enough rope.........etc.

Thanks Ellie for this template. I hope you dont mind me posting it, as I think it may be usefull to others who may be following this thread. Name & address of bank date Dear Sir or Madam, ACCOUNT NUMBER: ********* I am writing with regards to the outstanding debt I have with (your bank) After new information has come to light regarding bank charges, the debt is now in dispute as it is my opinion that this outstanding debt is made up of unlawful charges. These charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that the charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963 It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that these charges do not reflect any actual and or real loss. Currently the debt stands at approximately £**** and upon resolution of the issue concerning charges the refunded sum will be paid direct to this account in an attempt to clear the amount due. If, upon resolution, there is still an outstanding balance I shall then enter into an agreement to repay the debt. (your bank) will be receiving a letter requesting a full refund for all charges incurred. Should you not honour this request within the allotted timescale the dispute will be taken to court. I would like to make you aware of The Office of Fair Trading Code of Guidance in which it states: putting pressure on debtors or third parties is considered to be oppressive. This includes: Ignoring disputes about whether money is owed Refusing to freeze action if the debt is in dispute. I therefore hope to receive your full co-operation in this matter and would like to request a written response to that effect. Yours faithfully

Thank you for your reply you've given me some good advice. I was able to pay the £8.40 so the only outstanding debt is all made up of charges. I have looked in all the templates and related posts and I can't find a letter of dipute anywhere could you please pm me yours. i will then write to them as you suggested. once again thank's.

Will someone please give me some advice

Can anyone help I've just posted a cca request to buy some time.

When you made your request for your charges info did you send a SAR (subject access request) if not you need to send one use the template. you will need to enclose a cheque for £10 and send it recorded delivery. they have 40 days to respond.

Can anyone help I recieved a letter from First Naional saying i was £8.40 in arrears and to make payment. so i phoned the number and explained I wished to make arrears payment to bring account upto date. I was then informed that the credit agreement finished in Jan this year and the outstanding ballance of £410.00 was due now. I questioned this and asked if the credit agreement finished in Jan how can there be £410 owing on the account. i was then informed that this amount was due to charges applied to the account. I said I am unable to pay. they said if I want to arrange payments then i will be contacted by there debt recovery dept. i recieved letter asking for all my income and outgoing's details. I dispute the outstanding balance due to it being made up completely of charges but, how do I reclaim somthing that I hav'nt paid

Thanks Renegotiation it all makes sense now. were do I get a recording device?

I've just read everything here, but i can't see what happens next. When you've recorded everything and logged everything, what do you do with the information?

No i'm i merseyside

Thanks Tilly I hope so!

After spending over 6 weeks waiting for my charges info, and reading as much as possible about re claiming them. I have just finished typing up my request for payment. I will be posting it recorded/special delivery tomorrow. I have to admit I'm a bit nervy as my claim is for £9346:eek: and I won't be able to use the small claims court. With a bit of luck it won't get to court. Wish me luck:)

Hello all I've just registered today. I just wanted to say what a fantastic forum. I have just recieved my charges info from Halifax and used the calculator on MSE site. they come to £9300 inc interest:o , so I,ll be needing all your support and advice to get them back. I feel like I've been mugged :mad: