I would phone them and quote the date of the note - they can check this and they will sort it - from past experience this just sounds lke and advisor was supposed to go back into an account and follow up but hasnt... if you dont get anywhere with a phone call then by all means send the letter... you'll get a faster response by phone though: 0845 600 3009

They will try to do this - and sometimes a court will deem this reasonable... however you do have whats known as the "right of appropriation" which basically means you can specify how you want the cash... and it is then up to you what you do with it. I cant really go into more detail right now but I will when i get back - but the short answer is - you can demand payment in a cheque

Yeah I think i will... i just didnt want to have to add ANTHER credit search to my account... i havent ever really had credit before so its been difficult to obtain and i dont want to damage it further - and its now about the arsey guy and the principle of the thing lol!

I'm registered under my new name... nowhere seems to have a problem with this other than hsbc bank - everywhere else seems to understand this is a legally binding document.

This is really quite normal for O2 to do... its not really done as a way to trick you (i used to work for them you see) but I do appreciate your concerns. What i would do, so as to cover your bases is to retype the form and sign it but change "account holder" to "subject of the data in question" that way they can't say that you didn't provide them with the information they needed.

Unfortunately this is not possible as all of my utility bills, other bank accounts are in my new name and so they wont accept them for proof of address of the old name....l

I'm not sure to be perfectly honest - I would try emailing Mcol and ask them to clarify

Hi there, I am in the process of trying to open an HSBC bank account and everything was fine until i produced my statutory declaration. I changed my name last year and had a statutory declaration witnessed and signed by a Justice of the Peace. This was made under the provisions of the Statutory Declarations Act 1835. HSBC have said they will not accept this as my photo ID has to have my new nam on it... which is not possible as I cannot update my passport until i have used the name for 2 years. Do HSBC legally have to accept a statutory declaration as after all, once signed, it is a legal document of the courts? and if so is there a law i can point out to them? Thanks in advance

Sure no problem...

Try this link: and go to section 14.1 Viking Direct Terms Just confirm this is the correct site and that you are a personal not a business customer. ALthough it says 2004 the t&C's also state: We may change these terms and conditions at any time. Any changes will take effect on the date they are posted on this site (see date above) and will have in the originals also. Sorry not to be able to give you good news on this one... Perhaps if you speak with the creditors and maybe suggest that you were unaware there was a balance or that you were unaware of the CCJ.. pay the balance and they may be willing to have the judgement set aside.

If this was done online then no signed agreement will exist nor be required to - they will have you "electronic signature" by means of a check box or agreement to terms or some such thing, but it may be worth your while checking them out. I have just looked up Viking Directs terms and conditions of sale which state the following: 4.1 These terms and conditions and all transactions relating to this website are governed by English law and are subject to the non-exclusive jurisdiction of the English courts. We do not accept amendments to these terms and conditions. Sales can only be concluded in English. So basically the CCJ granted by the English courts would be valid. Perhaps contactng the company to discuss your options should be your next step.

I have to disagree here... there are a couple of things that change where an action can be brought. Normally: an action must be brought in the county/sheriff to which the defendant is domiciled (which in your case owuld make it the sherriff court) However there are a few exceptions: 1. It can be brought in the sherriffdom/county the contract was formed in. For example if you went to the providers place of business in edinburgh and signed your contract there but you live in glasgow, the action could be brought in the Edinburgh Sheriff court OR the Glasgow Sheriff Court 2. The actual contract itself can specify both law and jurisdiction. For example if your agreement states something along the lines of "this agreement is formed under English Law and registered in the County of xxx" then the claim could be brought in the county court of that area. The first thing you need to do before sending letters off the to the court, is to request a copy of the contract/credit agreement to which the Judgement relates and check if this clause is provided. SHould there be no clause such as this, and you didnt sign the contract in england then the judgement applied in England is not valid and must be set aside.

Not necessarily - you would have to prove that they did it knowingly if it were fraudulent misrepresentation.. negligent misrepresentation is where whether they believed themselves to be correct or not they are under a duty of care to make absolute certain

Negligent Misrepresentation on the banks part who acting as an interested third party caused you to release the car. There is responsibility there and this would be held up in court... as mentioned I would seek professional legal advice as they can look into all the particulars of the case.

Hi there, Just thought i'd start a thread to track the progress of my claim and get support when need be. I opened my BOS account 30 months ago and the charges in that period have been approx £500. I didn't need to request my statements as I have kept all of them and have internet banking also. I sent my first letter requesting repayment on the 14th July and Received no reply or repayment. I sent my letter before action on the 28th July and have given BOS 14 days to resolve this and pay me the full amount via CHEQUE (due to my right of appropriation) I guess we'll see what happens now...