Payment in full received on last day of LBA deadline. Would have been N1 time tomorrow. This was a Natwest Credit Card with £151 charges. I claimed interest at the contractual rate of 17%. Total was £317.01. 5% Donation Made Survey Completed

I can relate to your problem re xmas. But if there is any way you can refuse it and continue with the claims, then take it. If not, then not. The decision is yours - either way don't let them ruin your xmas. i think we all know they're not worth it.

6 years is tried and tested, safe and secure. If you feel a little daring then claim contractual interest. The argument is you borrowed off them at whatever overdraft APR (16% in my case) - therefore the unlawful charges were borrowed off you at 16%. Charge them 16% on everything. People are winning with this now. 12 years? The relevent piece of legislation is the statute of limitations (search on this for more info). The pioneers on here are trying to challenge this. If you can prove that the bank knowingly deceived us all because it has known the charges were unlawful all along, then the statute falls and the 6 year rule does not apply. At the end of the day it's all up to a judge.

This may not be relevant now you have a parachute / post office account (i think), but do you know about this... http://www.consumeractiongroup.co.uk/forum/bank-templates-library/42170-right-appropriation-stop-bank.html

Hang in there! They will settle.

it's a long read, but see here http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/22995-vodafone-default-removal-distress.html

My claim was deemed served on the 24th.

More fun folks! N1 has been issued - deemed served on 24th. They have until 8th December to acknowledge.

They're hard boiled. But see barcote's thread. Also, note that no-one has lost either.

Lots to update on this... I hope i've not done the wrong thing BF (re a part 8 )8). I issued an N1 claim similar to that of Alanfromderby in the templates section. I.e. Seeking an order under sections 7 and 15(2) of the Data Protection Act, and for damages. I added up the S.A.R - (Subject Access Request) fee, postage and time spent preparing at £9 per hour. This totalled £30. Then the court fee was only £30. Today, I received a "without prejudice" letter from them, here it is.... Note, they haven't acknowledged the claim yet. I've written this back to them Hope this is all ok. BTW i've sent all the correspondence to the Information Commissioners Office - but no reply yet. Guess they're snowed under.

N1 now written. I'll take it to the court in the morning. Thanks again zoot!

Thanks once again zootscoot. I'll do the final draft of the N1 tomorrow - got to drive across the pennines to see family today. WRT you prev post. Do you mean that the bank will argue that they aren't processing the data and I should also sue the CRA's? I agree that I may have to do this and had a long exchange with surlybonds about it before he vanished. I do want to go after the root of the problem first, ie HSBC. Once the N1 has gone to them I'll give the CRA's some more thought.

They are wrong. See here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

On a more general point. Is there any way I can challenge the nature of default markers per se? A default is just as bad as a CCJ in the way that it affects your everyday life. Yet there has been no 'due process', no opportunity to argue your side of the story, which you do get if you appear in the county court. It's just some bank employee hitting a button in the call centre. This has the same effect as a judgement in a court of law. How can this be proportionate. Also, where is the reciprocity. HSBC defaulted in their obligations to me, but how can I register their default - thus giving information about THEIR behaviour to potential customers.

Been watching this one. Well done! Enjoy your winnings. But not too much;). No, scratch that. DO enjoy them too much:lol:

You're saving my life here zootscoot! You've spent so much time thinking about my (rather unusual) case. I am truly in your debt. Please don't take this as me being churlish, but I have some questions. I'm a bear of very little brain . On the date of the default the amount of penalty charges was £80, the interest taken on this was about £5. The default was registered for £96. So on that date it didn't exceed the arrears. Since then they charged more and the penalties are now £120 with around £50 interest taken. Does it matter that it DIDN'T exceed the arrears on the date of default? If it does, am I arguing that the difference of £11 does not constitute the 'serious breach' required to cause my relationship with HSBC to break down? Am i right in saying that this is because i breached the contract. Therefore the agreement is terminated along with my consent to process data. Do you mean para 5 a and b? I don't quite understand this. Compensation? Wow! Does s13 specify what or do i have to say or is it up to a judge to decide what is appropriate? zootscoot you are great! Once I've fully understood this i'll file the N1.

Don't be scared of fast track. It worked in my favour on a claim of only £2131 charges. The bank will have to disclose it's costs (if you ask - don't forget this at the court stage) - they will NEVER do this and will pay up. Costs are capped at around £700. But it doesn't matter as your case is just, the procedure is tried and tested, the arguments are rock solid. My advice would be put one big claim in

This is hogwash. They will fold if you get them to test this rubbish in a court of law. Have a look through the sticky threads. There is enough ammunition there to rebuff this.

You've no need for luck Coop are usually one of the better ones at paying. You'll have the cash for xmas!

Cripes - a few problems here. OK 1. Charges: Set a good few days aside to read carefully through the process for reclaiming the charges. You WILL get them returned if you follow the procedure carefully. Start at the FAQ section. 2. Basic Bank Accounts: For a basic bank account you do not need to pass a credit check. Try something like a Co-op cashminder account. This will let you pay in cheques etc. but not go overdrawn and no direct debits etc. The only way you can get refused one of these accounts is if you have a CIFAS marker (fraud). look here http://www.consumeractiongroup.co.uk/forum/general/13832-do-you-need-parachute.html?highlight=cashminder+parachute 3. CRA's: Get your credit reference files from Equifax, Experian and CallCredit immediately. Don't be conned by their attempts to sell you stuff. By law they must give you a copy of the files for a £2 statutory fee. This IS on there websites - but they hide it to make you buy 'services' you don't need. Check all the information on the files for accuracy - if anything is wrong you can get it changed. This is well worth doing - I found a few nasty surprises myself. 4. £10 Account Fee: They've obviously used some sharp practices to get you to sign, but it's unlikely you will be able to do anything about these. When you're ready to start the charges reclaim process, start a thread in the NatWest forum. There's loads of help available here. Good Luck

Don't be scared of getting allocated to fast track. I did on a claim of £2131 + interest = £3708. It actually worked in my favour. I asked for standard disclosure in my AQ - this is probably why he allocated me to fast track - it's obligatory in fast track. Standard disclosure means that the bank have to reveal their costs. They will NOT do this and will fold when they hear it. I got my money faster. Even in fast track you won't end up being liable for thousands. There is a cost limit of around £700. But the procedure is so well tested now I see no reason to be scared of fast track.

Check that you didn't already get the CPR Part 18. Mine came with the defence. I says 'request for further information' on it and is 'persuant to part 18'. If you didn't then just wait for the AQ

PoC = Particulars of Claim - what you wrote on the claim form

Congratulations and thanks for posting!

Did you send your CPR 18 refusal to both the court and Cobbetts? Do you have proof? If you do then great, they are getting confused! You'll get an allocation pretty soon. I asked for standard disclosure and got allocated to the fast track. If this happens to you you then need to formally answer the part 18 request. There is a template on my thread (in the successes subforum)