Hello vengeancedemon. Fascinating thread and compelling reading. I'm also dealing with Crap1 (see my thread Mr Silver v Crap1). Some thoughts: based on my case and I assume your case? 1. Part of the alleged Crap1 credit card debt is or would be made up, I assume, of unfair/ penalty charges? 2. If so, and you want to have the Default Notice removed from your Credit File (like I do) then I believe that by virtue that the Crap1 alleged debt is made up of unfair/penalty charges which are unlawful under the CCA 2006 Unfair Terms and Conditions amendment. 3. That makes any Default Notice unlawful too? Correct me if I am wrong? 4. Thus when Crap1 state in their letter to you that you 'consented' under the Crap1 agreement for them to pass or share financial credit information about you (and me and others) re 'debts' and 'defaults' to Credit Reference Agencies under the Date Protection Act (section 78); they can only do that if - a BIG if in this and many other cases - the 'alleged debt' (outstanding sum/amount) is ACCURATE. 5. Clearly where part of the alleged debt is made up of UNFAIR / penalty which have been declared UNLAWFUL, the alleged Crap1 debt is therefore INACCURATE and as such must NOT be passed on or shared with Credit Reference Agencies since that would be a breach of section 78 of the DPA! 6. Therefore you should be able to request via the County Court that Crap1 and Lowell desist from processing false and INACCURATE information and demand too that the CRAs remove the INACCURATE default notice from your credit file and also seek damages for injury to your creditworthiness. I intend to simply write a letter giving Crap1 14 days to pay me compensation otherwise County Court action for defamation! Also requesting that they IMMEDIATELY stop processing my information under the DPA or face the consequences with a major damages claim in the Court Court. Hope that information (if correct) is helpful. P.S. I should also add that part of my claim is also for reclaiming UNFAIR credit card charges and a separate DISPUTE claim re: disputed unauthorised transactions.

Disputed estimated gas bill. Harassment from DCAs. To sue or not to sue? Advice please. Thanks.

Background: An old Abbey / MBNA alleged credit card debt made up of a large number of penalty / unfair charges over several years. Link Financial bought the alleged debt and issued a so-called Default Notice and took County Court action and later I received CCJ. I paid the alleged debt 2 years ago but now want to sue both the Original Creditor MBNA and Link for defamation, fraud (demanding money for an inaccurate debt which included unlawful credit card charges) and causing distress and injury to credit 'worthiness' in passing on inaccurate financial information (the alleged debt) to CRAs, DCAs and the County Court and Registry Trust! Also breach of the Data Protection Act (DPA). Now planning issuing a SAR under the DPA and a letter requesting compensation for the damages done by the credit card companies/DCAa and CRAs! All advice and legal suggestions considered including prosecuting the directors of the credit card company for fraud? And conspiracy? The selling on and assigning of an alleged debt while knowing that the alleged debt is made up of a large part of unfair/penalty credit card charges which are unlawful! Knowingly causing distress and injury to credit worthiness in taking County Court action. Defamation: processing and passing on the above information to third parties including CRAs and DCAs. Any thoughts? Thanks.

Good morning fellow Caggers. I’ve been following this thread with fascination over night! Compelling reading! But I am now somewhat confused on my next course of action in relation to re-claiming past unfair credit card charges and specifically the number of years that I can claim for in the past? Now, it was my previous understanding that you could only reclaim unfair credit card charges for up to 6 years from the date of claim? Or rather you could only request a breakdown of charges from a bank / credit card company for a maximum 6 year period in the past using SAR under the DPA route? But is there another route that gives you more years? Like fraud by the bank (see below)? The limitation period regarding a new decision in consumer law is from 2006 – the update to the CCA unfair credit card charges gives a claimant up to the year 2012 to commence legal court action? However when my credit card company- bank took me to Court and issued a CCJ in 2007 for the alleged credit card debt which included several hundred £ pounds in unfair charges they were not only acting unlawfully in demanding unfair (penalty) charges, they were also committing an act of fraud by virtue of the credit card bank knowing that the previous charges from pre-2006 were now in fact unlawful and unfair yet demanded and got (when I paid) those unlawful charges! They surely can’t plead ignorance?? Therefore, based on Kleinwort Benson case and decision cited above, can I claim for ALL the unfair and unlawful charges back to the year 1995 under the CCA? Moreover, can I prosecute the Directors of the credit card Bank for fraud too? As well as damages, distress, and subsequent injury to ‘credit worthiness’ and defamation / libel in processing and passing inaccurate debt information to third parties e.g. Credit References Agencies and DCAs and the County Court and the Registry Trust. Also breach of the Data Protection Act. European Consumer Law: having briefly looked at the two ECJ judgements on EU Consumer law, cited above, surely even the Supreme Court OFT v Banks Test case judgement is should have be null and void since the Supreme Court should by its ‘own motion’ look at unfair terms in national Consumer cases and follow the EU consumer law and case law of the ECJ? Am I missing something? Any thoughts and advice? Thanks.

cbbc and other CAGgers who have been to an ATOS ESA assessment. I recently received an e-mail from a Disabilty Benefits group with a contact name/ tel and e-mail address for a BBC journalist who is making a TV doc for the BBC about ATOS and their DWP assessments for ESA. If you want the details I'll post them on this thread if the Site CAG Site team OK it? Mr Silver

cbbc - if you failed the DWP ATOS quack assessment, don't worry! Their entire rationale is based on speed and output; check out the approved quack on the GMC site to verify whether they are registered! Also make sure you get a copy (unless you made a copy already) of the booklet questionnaire that you filled in before your assessment. Compare that with the assessment score and computer / robotic answers given by ATOS. You can also request that your Appeal is heard at home (I believe). Did you ask for a REVIEW? before the APPEAL? Good luck!

Thanks for that Pinky69 I hope Crap1 fail to turn up at court! I'll send them a SAR as well to get proceeedings under way and follow that with an out of court settlement offer! Regarding the Debt Collection Agency that sent me letters on behalf pf Crap1. Do you think Crap1 sold the alleged debt to them? I haven't heard from the DCA for over a year now! And I haven't had any direct contact with Crap1 since late 2007! No news is good news, I suppose? Cheers!

Hello AA99 I'm about to take action against Crap1 credit card robotic co. Any tips? By the way: I have started a thread entitled 'Mr Silver v Crap1' if you want to look at my action plan against Crap1! Cheers! Mr Silver

Hello Pinky69 Thanks for the information. Surely though if they trade in the UK they have legal reps that appear in Court if consumers take legal County Court action against them? I should add that about a year ago I received a few (5 or 6) letters from a Debt Collection Agency (DCA) working on behalf of Crap1 Credit Card. Of course I ignored the letters from the DCA! Template letters seem to be the order of the day like robotic staff in the banks! I think I'll just send a letter to settle out of court within 14 days. If a template reply or no proper response then follow up with a Letter before legal action and another 7 days! Oh, by the way: do they reply to SARs? If NOT? then I'll send a SAR first or at the same time - should confuse them! Cheers!

I’m about to start action against Crap1 credit card. This is my legal action plan (comments welcome). My defence-attack strategy / plan will be :- 1. I do NOT acknowledge the ALLEGED debt. I am in dispute over unauthorised transactions (disputed a few years ago and still not resolved!) 2. Plus the alleged debt includes penalty charges / unfair charges dating back up to 6 years. 3. Defamation/libel. Each time Crap1 process my alleged debt and report a default to Credit Reference Agencies (CRAs) they are defaming me and injuring my ‘credit worthiness’ with other creditors who look at my Credit File. Thus an injury to credit. 4. They are using inaccurate information by virtue of the penalty / unfair charges yet to be reimbursed / reclaimed. 5. Crap1 are aware that the alleged debt includes penalty / unfair charges and is thus harassing me for an inaccurate alleged debt (if any) which amounts to a libel/defamation each time they pass that inaccurate information onto third party DCAs and CRAs. 6. Crap1 are also in breach of Data Protection Act and so too are the Credit Reference Agencies (CRAs) for processing the Crap1 inaccurate alleged debt default information. I should say that I’m not yet doing a SAR yet because I want to try the defamation attack first! Offer to settle out of court in say 14 days. Quantum Damages / compensation claim for about £4,999. Get them on the run / back foot and then hit them with the SAR and CCA. Any suggestions / comments welcome. Cheers!

Hello flooz and fellow CAGgers. flooz don’t give up the battle! You’ll win in the end! I’ve been following your thread with great interest. I’m about to start action against Crap1 myself. This is my legal action plan (comments welcome). My defence-attack strategy / plan will be 1. I do NOT acknowledge the ALLEGED debt. I am in dispute over unauthorised transactions (disputed a few years ago and still not resolved!) 2. Plus the alleged debt includes penalty charges / unfair charges dating back 6 years. 3. Defamation/libel. Each time Crap1 process my alleged debt and report a default to Credit Reference Agencies (CRAs) they are defaming me and injuring my ‘credit worthiness’ with other creditors who look at my Credit File. Thus an injury to credit. 4. They are using inaccurate information by virtue of the penalty / unfair charges yet to be reimbursed / reclaimed. 5. Crap1 are aware that the alleged debt includes penalty / unfair charges and is thus harassing me for an inaccurate alleged debt (if any) which amounts to a libel/defamation each time they pass that inaccurate information onto third party DCAs and CRAs. 6. Crap1 are also in breach of Data Protection Act and so too are the Credit Reference Agencies (CRAs) for processing the Crap1 inaccurate alleged debt default information. I should say that I’m not yet doing a SAR yet because I want to try the defamation attack first! Offer to settle out of court! Get them on the run / back foot and then hit them with the SAR and CCA if necessary and disclosure of documents and original agreement etc. Any suggestions / comments welcome. Cheers!

Hear! Hear! Sorry, can't stay long, must go and claim my ''mistaken'' ''expenses'' for my ''mortgage''??? Or have I already paid it? Accounting was never my strong point but I know how to count cash and I respect the ''honest'' and 'Honourable'' Law Lords, after all it keeps a check on those in the Other House. Hear! Hear! Gin and tonic! Chin up! It could be worse! You could be a honest MP!

Call me old fashioned but I thought a Stay could be lifted with a well argued case at Judicial Review? The European Court of Justice and Human Rights could also be used to support Consumer's rights. There's clearly a split in the ruling class between the 'old money' (the establishment, the 'old boy network'/judiciary/ the law) and the 'new money' (represented by bankers/ investment bankers/credit card companies and big business). It seems like the Judges are delaying ''justice'' but who is pulling their strings? Who do they represent? Old money or new money? The banks are pleading poverty ''we have no money to lend'' and are technically bust (comparatively speaking) and without Government / central bank BoE / FED support and Government backed insurance guarantees they would be now; moreover many of the banks are now technically owned by the Government - thus the refunds are coming from the Government (British and American/ European) in all but name and we the taxpayers are now funding their REFUNDS! And our own refunds! Amazing but true! I know it sounds crazy but that is what it amounts to! Kafka couldn't have written a better narrative! Unfair bank charges - refunds - estimated amount at least £2 billion? in the UK alone- although a drop in the ocean when compared to the ''unfair'' super-profits 'charges'' made over the boom years £5 billion per annum - have now come to an end while a Stay is in place. This Stay must be lifted at once! MPs and Euro MPs must be told to DEMAND immediate REDRESS and REFUNDS for consumers! Of course the British Reclaim for 'unfair charges' refunds will spread over the world (especially in Europe??) or should do with consumers now quite rightly DEMANDING their REFUNDS! This should now become a class action with ALL those claiming refunds employing the best lawyers/Counsels money can buy! The blair-brown gravy train and their friends in the City of London are now clearly concerned that the game is up so have called in a few 'favours'' to delay the inevitable victory of the Consumer and the people to reclaim their rights and their money.

MONX: ''Whatever you think of the staff in Jobcentres, I do think drawing comparisons with the Nazi's is going too far!'' '''I dont believe that all staff who work in Jobcentres be considered as robots, unfeeling or certainly not compared with a inhuman regime who mercilessly murdered millions of people in the most disgusting way'' --------------------------------------------------- With respect to the ''some'' or few human Civil Servants that work in Jobcentres: I did NOT say that ''all'' were robots, merely those that follow Government ''rules'' like it was a sacred text never to be questioned and never wrong (and never admit when they are wrong themselves! ) Have you or anyone else ever received an apology from any Jobcentre or DWP Civil Servant for an error/mistake or victimisation/frustrating and/or delibrately delaying a claim? ''Rules'' (like unjust laws) are for breaking, changing, challenging and scrapping if and when those 'rules' are unjust, unfair, discriminate, and are against Human rights and inhumane and inhuman! (Or unfairly penalise the claimant / consumer e.g. unfair Bank Charges!) Worse still is when (not if) those sacred Government 'rules' are INCORRECTLY ''implemented'' by a drone / robot in the Jobcentre (who pays no attention to detail, the human cost of depriving a claimant to their RIGHTFUL BENEFIT under the DELIBERATELY OBSCURE and complex''rules'' (and wrongly implemented) in contrast to parasitical 'peers and MPs (and who have very simple ''rules'' for claiming BENEFITS in kind a.k.a. ''expenses''! Hiding behind ''the rules'' is NO defence to the charge of harassment and victimisation. Jobcentre staff who are Civil Servants should serve and NOT dictate and infringe human rights and those that do should be punished for their robotic wrongdoing and be brought before the very rule and law makers whose ''rules'' and 'orders' they followed.

The Nazis followed ''Orders'' and ''implemented rules'' too! Does that make ''the Rules'' correct? Fair? Just? Human? Humane? These ''rules'' were and are written by camp followers of the bloated brown gravy train sycophants/hangers-on and Tony's cronies and vampires and parasites in the City of London banking fraternity and shyster 'private training providers'!

Patma, may I suggest your friend requests a full and detailed Disclosure of Information (I assume s/he has already done this?). Also s/he can request that the Jobcentre allow him/her to sign on at an alternative Jobcentre office or request POSTAL Signing on that way s/he does not have to deal with the robots following to the letter of the law(unlike MPs!!) the sacred and complex Government ''rules''!!! We must avoid ''Benefit Freud'' - sorry Freudian slip - ''Benefit Fruad'' in case a genuine claimant makes a genuine ''error'' like our ''honest'' and 'honourable'' MPs and mistakenly fails to DECLARE the odd 5 pence in has in his bank account and this takes him over the Benefit Defined Rules for Income Support or some other SUBSISTENCE benefit. Working Links: I had dealings with this infamous 'private-government-partner' - jobs for the boys (and some girls:-) private joke company; paid for by TAXPAYERS! And the Government are planning more joke companies like this to help their friends - the bosses and bankers in the City make money (and financed by us TAXPAYERS) who own or have a large interest in ''providing' joke so-called ''work'' related 'Skills training'' - these organisations couldn't train a blind bat (no offence to bats:-) to fly! Working Links actually 'provide' no training whatsoever - they merely refer ''clients'' (read claimants) on to the brown gravy train state finaced private training companies and pay them £1000 per ''client / ''customer'' - sent for 6 weeks joke ''training'' (reading newspapers, writing CVs and discussing ''opportunities'' in the recession hit ''labour market'') - a nice little earner for the ''training provider'' friends whose MAIN TASK is to harass clients/customers to ''sign off''! And all with the full knowledge, blessing and the full support of the Government and the robotic 'DECISION MAKERS'* following ''the rules'' in and at the JCP and DWP carrying out the Civil Service admin for the private company financed by the TAXPAYER!! I should say most of these 'Decision Makers' (nameless and faceless - the ''Anonymous Empire'') can not string a basic sentence together! Good luck to your friend and tell him to complain to the European Court of Human Rights about his treatment. Also complain to his Euro-MP (Euro elections on 4 June 2009) and the Seceretary of State for Social Security and DWP etc., and the Shadow Secretary. Also lodge a complaint with Head of the Civil Service, and local DWP/Jobcentre District Manager (they have a ''duty'' to investigate complaints). Send ALL letters by Special Delivery and address ALL letter with the Officers' names. Remind the robots that they are Civil Servants and they must serve you! Not the other way round! Try to keep calm and good luck!

About 3 years ago I noted that after a one-off authorised internet transaction using my Capital One credit card that the same 'merchant' was deducting UNauthrised amounts without my authorisation. I tried to contact the 'merchant'/company based in the USA but they were impossible to contact - e-mails could only be sent to a general info line and the unauthorised transactions continued month after month. Of course I complained to Capital One but was told they could 'do nothing'. I phoned them several times but got the same answer - i.e. they could 'do nothing' on the telephone but I could 'Dispute the transaction' in writing. So I wrote a covering letter to Capital One plus I filled in a 'Dispute Form' in November 2007. I sent the letter and form by 1st class post but kept a photo copy of the letter and Dispute Form. I heard nothing more from Capital until late last year (2008) when I received a letter from a DCA working on their behalf demanding money. I phoned DCA and told them the account was still in dispute. They continued to send further letters and threatening County Court action. At the time I was stresed and injured and so ignored their letters. I now want to claim for the disputed 'UNauthorised' transactions charges deducted and for the unfair bank charges and distress. Any advice welcome. Thank you. Mr Silver.

If a bank that owes us money (for unfair charges) - like former semi-nationalised BoSporan:-) now Big Dark Horse Ltd:-) goes bankrupt (becomes insolvent) and or a credit rating agency like T B Ratings downgrades the 'sick' UK Plc from ''AAA to FFF' Who refunds us consumers? After pension payments to ex-directors etc., will there be any money left? I'm thinking worse case (realistic) ''test stress' scenario here - two years hence in 2012 - after the legal wrangling and ruling in our (consumer's) favour.

Now I want to re-claim UNFAIR credit card bank charges. Who do I claim against? MBNA and or Link? I should also add that Link took me to Court or issued a County Court Summons and a CCJ was issued - which I later paid within a month but the ORIGINAL Default still shows on my Credit File. Can I get that removed? I'm new here - any advice greatly appreciated.

I got the mass Link letter in October 2007! Yes, 2007! I paid up because they threatened (on the phone) to take me to the County Court and CCJ against me (which I wanted to avoid). I still have Link default on my Credit file along with an MBNA one for the same Credit card debt!

Apologies for typos! My typing is getting worse! Corrections: alleged not 'elleged' Alleged 'debt'!

Apologies I'm in the wrong thread!?

Good afternoon everyone. I new here but I have already used the Library Template DCA letters to good effect with British Gas / BCW and Philips re a disputed gas bill from a previous address. BG and their DCAS are 'demanding payment' for an elleged bill which relates to period after I moved and vacated (sold) the property last year. When I disputed this with BG they ignored my letters and simply passed on the alleged 'arrears'/ bill to BCW. When I challenged BCW with the previous / on-going BG 'account in dispute' letter they in turn simply passed it on to Philips. I wrote to all three and since then (about a week ago) have not heard anything save a letter from BCW sating they are refering the matter back to BG. Philips simply ignored my letter. Any one else had dealings with BG/BCW/ Philips? Mr. Silver