I bet that £1m is a drop in the ocean compared to the profits they've made from PPI though.

Whats the betting that in the next couple of weeks the banks propaganda machine comes out with a study to show that xx amount of jobs wll be lost in the banking sector if they are forced to repay charges, in the wake of an OFT victory.Something like this could shift public opinion.

Ok thanks GM. Saves me another 30min queue in the post office sending a recorded delivery CCA request then Pyscologist is giving me the letter on fri, then back to CAB on tues to put together a final draft of the N244 so Ill post any updates on here. Anyone know how sympathetic courts are to cases like this? Got in my head that it could depend on whether or not the judge has had a good morning or not.

Thanks guys, really appreciate you reading this. Just wanted some re-assurance really I think. Was just wondering about the legitimacy of the CCA because I thought it would strengthen my case if it turned out not to be valid. Is tehre any point sending a CCA request to CL finance then?

Sorry to bump but my thread seems in danger of slipping down the page into the wilderness

Thought its probably worth posting the CCA GE sent me recently too. Is it worthwhile sending a CCA request to CL finance (the DCA) or too late now since the CCJ has already been issued? http://www.picturebay.net/img/members/skel123/Edited_CCA.jpg

Think the best thing I can do is copy and paste my draft for the N244 (application for set aside notice). As you'll see by reading this, Ive been suffering severly from depression over the last few years and only now feel able to deal with this. I went to the CAB today and lady there helped me write this. Any help or comments greatly appreciated guys! These are the amounts in question: Original debt: £542.84 Amount of judgement: £682.82 (incl £140 court and solicitors fees) Amount refunded for PPI: £273 Amount refunded for penalty charges: £219 Amount I claim I'm owed for PPI: £335.46 Amount I claim I'm owed for penalty charges: £314.83 Judgement was made on 21/05/07, and upon judgement GE immediately credited the debt with £273 for penalty charge refunds. Shortly afterwards a further credit of £219 was made for payment protection insurance refunds. Both these credits were taken off the debt, and not given to me as (if im not mistaken) they should have been. Part A: I, the defendant, intend to apply for an order to set aside the judgement and/or apply for a re-hearing on the basis of medical evidence. Part C: 1. The original total of the debt, as on the claim form, I dispute: a. The amount of the debt because the claimant owed me more money that I owed the firm. The claimant owes the following sums: Mis-sold Payment Protection Insurance refund: £335.46 Penalty Charge refund: £314.83 These exceed the amount of the original debt owed to GE Money by £107.46 GE Money has acknowledged that these monies are owed to be, by crediting the judgement amount with sums of £273 and £219 respectively. These monies should have been paid to be, not credited to the judgement amount. b. Because I maintain that no debt existed with GE Money, I also claim for all debt collection, solicitors and court fees to be cancelled, or where appropriate, paid by the claimant. At the time of the original hearing I was suffering severely from depression. I was not opening letters, and had no knowledge of the claimant’s actions until after the hearing. I saw my GP about two years ago and was referred to a psychologist. There was a waiting time of around 18months for psychological treatment, during which my condition worsened. I have now reached the point where I feel justified in stating that there were no grounds for the claimant to apply for a CCJ against me. As this account had also been in legal dispute for the duration of the claimant’s collection action, I had no reason to believe that a County Court Claim would be forthcoming. The Office of Fair Trading’s debt collection guidelines state that enforcement action should cease when a debt is disputed. I apply for the entry in the list of County Court Judgements to be removed, or if that is not possible to be amended in light of the courts decision. I further apply for the case to be transferred to the Reading County Court as I wish to appear in person. I also ask for it to be listed for a Monday or Thursday, so that I can be advised by Reading Citizens Advice Bureau. I also request for an undertaking from the claimant that they will contact all the major credit reference agencies and send me written proof that the judgement has been cancelled/amended. It should also be noted that the amounts claimed for Penalty Charge and Payment Protection Insurance Refunds are conservative estimates, as despite repeated requests, the claimant has failed to provide a number of statements in relation to this account. This is a clear breach of the Data Protection Act. Documents attached: Account statements from GE Money, spreadsheet summaries of amounts owed in Penalty Charge and Payment Protection Insurance refunds. Settlement offers from GE Money regarding Payment Protection Insurance and Penalty Charge refunds. Letter from Dr…. Psychologist Letter from GE Money confirming their failure to supply various account statements, following a Data Protection Act disclosure request. Could really use a bit of support from people with experience of this sort of thing. Thanks again My first Q, when calculating penalty charge and PPI should I add interest up until the date of the judgement, or up until today?

Been reading a few of your posts alec, like em. Very similair to a few thoughts, and discussions, Ive had. Latest info Ive seen is average DI after tax, bills is £500/month/family, so a couple hundred pound in charges IS going to have a fair impact on the economy, whatever other posters may say. Another point to add into the equation which I havent seen you mention yet, food prices rising at the fastest pace since records began. I wonder how many families are going to be finding themselves literally going hungry because of these charges in the near future.

Being as we cant proove definitively that there were no terms and conitions mentioned on the oriniginal form we filled in I sent them a cheque today. Gist of the letter was that although I feel they are in breach of various OFT regulations, to avoid future inconvieince, and with no admission of liabillity, we have offered payment in full and final settlement on the account. Also added in that girlf wants no further contact from Grolier, and of its subsidaries or any 3rd parties. Lets see how long it is until they send another book lol

just looking at distance selling regs on OFT site: you must give consumers clear information including details of the goods or services offered, delivery arrangements and payment, the supplier's details and the consumer's cancellation right before they buy (known as prior information) If there had been anything on the original form about them sending goods that required payment we definitely would not have filled it in.

It is the latter gyz, Welcome to Grolier.co.uk. Im almost 100% sure that there were no terms and conditions whatsoever on the page with the origninal form we filled in. Ive searched the moneysavingexpert forums but cant find the original link, there's links to other grolier offers but not the one we used. Should I pay it, or do you think its worth writing to them asking for proof I was informed of the terms and conditions at the time we filled in the form? Bit concerned that this could delay things and give them an excuse to whack on admin charges. We've had the books for a few weeks now by the way.

Thanks gyz, what is the time frame?

Been asking loadsa Qs myself so think its about time I tried toive some advice Used to work in car insurance and a car is generally written off if: It is beyoned econmical repair (the cost of repair is more than the value of the car, or; More than 2 panels are damaged. Seems like your car would be classed as beyond economical repair, so the insurance company would write it off. (£745 to repair, car valued at £350). Bit confused, are you saying the other parties excess is £500 or £50? If ihis excess is £500 and the cost of repair is £745 he may pay the entire cost of repair for you so he can save his no claims bonus.

From what Ive been reading it seems like this company can be a bit shady - theres reports of them ignoring letters, sending books after accounts have been closed etc, so Im wondering what Ive got my girlf into here. Drafted a letter to send to Grolier. When we first filled in the form online I dont remember tehre being any terms and conditions, and Im almost 100% sure there was nothing written about future 'offers'. Sir(s) I recently filled in an online form, following a link from the moneysavingexpert.com website, to receive a free Disney Book and bowl from yourselves. I was surprised to find an additional book included, which you have since demanded payment for. As I feel this book was unsolicited I have kept it, ready for collection from yourselves, since I received it. If you feel that you require payment for this book, please provide proof that when I requested the free book from you, that I either requested, or gave Grollier permission to send me the 2nd book which you are chasing payment for. Does this letter seem ok?

Just spoke to consumer direct. Lady there said that the book charged for wasn't unsolicited as we had initiated contact the company to request the freebie book. She also tried to tell me that companies dont just give things away for free. Obviously I disagreed - companies give away freebies all the time for sales and marketing purposes. She was about as helpful as a cabbage. Did say I should put something in writing to Grollier, but Im unsure what to say now as it seems like the point I made about the Distance sales act and unsolicited goods is now invalid. What should we do?

Thanks gyz, thats what I thought. Dont even have any terms and conditions from them, all we did was fill in an online form with name and adress. Ill give consumer direct a bell on monday.

Lol I seem to have a new question every day, dont know how I lived without this forum! Following a link from moneysavingexpert website my girlf filled in an online form to recieve a fee kids book and cereal bowl. No mention of opening an account or the fact they would send another book with it which had to be paid for, or sent back at her expense. Had a demand for payment shortly after recieving the books. I sent them an email on her behalf saying that the second book was unsolicited, and would only be returned if they paid for the postage. I thought this was fair - and if im not mistaken the distance selling act prohibits payment demands for unsolicited goods. I didnt get a reply so thought that was the end of the matter. Got another letter from them almost a month letter still asking for ££, and saying they're going to add on another £1.95 for admin for each furtehr reminder, so I can see this bill building up if we dont nip it in the bud now. Any ideas what our next course of acton should be? Thought I should send a letter but wasnt to sure exactly what to write in it, being as my email seems to have been ignored. Thanks guys Nick

Thanks sanitly, have pmd u

Thanks powell, and thanks for ICO contact info. Ill see what HSBC say to this letter then and escalate it if neccesary.

Just thought Id let you guys know: Amount claimed £732.19 The defendant filed and acknowledgement of serivce on 02/01/08 indicating an intention to defend. This is for a credit card. Wish me luck! Oh tried to pm an admin with litigation details as one of the 'sticky's requests but inboxes full so I hope this is ok

Ive written a letter of complaint (again!), if anyones got any comments Id really appreciate it: Dear Sir(s), I write, following previous correspondence with yourselves (see attachment 1 which shows my initial complaint and your reply). The promptness of your reply, and the apologies therein were greatly appreciated. Unfortunately, since that correspondence, and my assurances this matter has been resolved, I received yet another call from your collections department in the last week of December 2007. I was again informed that this account was in arrears. Following that I had a phone call from a manager at your Reading Branch (on the 31/12/07) informing me that she personally was going to ensure that this matter was resolved. I asked her if my credit rating would have been affected by all of this, and she replied in the negative. The phone call from your collections department, after receiving written assurances from yourselves (see attachment 1) that this matter had been resolved, leads me to believe that it has, in fact, not been resolved. I have recently received a copy of my credit report from Experian (at my expense) to check that it reflects payments on this loan have been made in full, and on time, every month since re-negotiation in May 2007. It shows late payments every month since re-negotiation of this loan (see attachment 2 section C4). As this is due entirely to HSBC’s negligence, I trust you will contact all credit references you pass information to in order to correct this information, and forward written proof to me that this has been done. I also request that HSBC compensate me for this defamation, and clear breach of the Data Protection Act. The 4th principle of this act states that: ‘Personal data should be accurate, and where necessary kept up to date.’ By informing credit referencing agencies that payments were in arrears, when they were not, and passing on this inaccurate information HSBC has clearly breached the act, and acted in a negligent manner. Because HSBC have continuously, despite complaints, managed this loan in a negligent manner, and have broken data protection regulations in a manner which must be regarded as defamation, I request that you write of the outstanding balance of this loan (as of today, 11/01/08, this stands at £483.34) as compensation. I am sure that the financial ombudsman would agree. This clear breach of the data protection act has caused months of stress, inconvenience, and actual financial cost to myself, as I am sure you can appreciate. Thanking you in advance for your reply,

Did I say something to upset everyone?:o

Has anyone got any ideas for me?

Bump;)

Had a phone call from a manager on new years eve, she assured me all has been sorted and when i asked if this would have affected my credit recrod she replied 'definitely not.' Just got my credit report through and guess what - payments recorded as late for every month since re-negotiaitng the loan!! What should be my course of action now? I feel like ive exhausted the banks in-house complaints procedure,I keep talking to them and im getting nowhere.