Wooo, crossed posts! You're on the ball today, chedder

Yadda, yadda. This is all pretty standard. In fact mine had 9 points - you've only got 5! Well done. Did you get a CPR Part 18 request for further info with this? If so you will need to write to them (and copy to court) telling them that you refuse to answer as it's intimidatory. If not, you don't need to do anything. Next you will get an AQ from the court. There's a template for this - make sure you ask for "standard disclosure" aswell though. This means they must provide a breakdown of how they arrive at the charge figures. They hate this and will fold if a judge orders it.

sadly, in our case that's exactly what they have done. Can people round here take a look at my draft N1 http://www.consumeractiongroup.co.uk/forum/legalities/24736-default-removal-katenandpete-hsbc-5.html#post383758 There's a lot missing - i've not even mentioned the CCA s.78 default. Help appreciated!

Had a reply from the DTI about the 1983 regs This strikes me as a most unsatisfactory reply. The worst bit is.. "While the potential exists for the scenario outlined above, we have yet to receive evidence that this is a real problem that effects many consumers." Thoughts anyone?

Here's my first stab at an N1 POC I'm not very happy with this as it stands. I've not mentioned their CCA s.78 breach AT ALL! Can I work this in somehow - even though they satisfied it , but long after the 12 days + 1 month. I want to include an order under section 10 DPA - but can't if I don't mention the CCA breach. Is there any way I can work in the "disproportionate penalty" argument? Is there any way I can work in the non-reciprocity of defaults? I expect they will counter-claim for what I owe them - I guess i just don't defend that when it comes. I want to get this right and need loads of help

Mine was: 13/09/06: Defence and Part 18 request from LCB/LZD/RR... 19/09/06: "Client objects to allegation that request is intimidatory", from LCB/AFLR/RR... 02/10/06: Copy of AQ from MJM/RR.... 04/10/06: Offer of £1400 from LCB/MJM/RR.... 20/10/06: Cheque for £3708.81 from LCB/RR.... 23/10/06: Agree to scrap confidentiality from LCB/PZC/RR... Hope that helps folks.

Well, they sent a smug reply. So N1 is prepared and off to court in the morning. The clerk is going to have something to do as I've also got a DPA N1 for Ikano to be filed aswell! By the way, Natwest have cottoned on to the OFT misquoting thing and sent me a cheque for this difference between £12 and their old fee. Needless to say, I sent it back with a sarcastic letter.

goddammit, I'M going to crack the egg. MEMEMEMEMEMEMEME Me ME ME MEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE. you hear? (Unless angry cat, Eek, tobes etc. get there first) We're all salivating for the honour round here.

You're just claiming your data. The money is a seperate issue. You could also run off an LBA to Natwest with an estimated monetary claim. Make it clear that you have estimated is because they have failed to comply with their DPA disclosure obligations. Make a plausible argument from what you have / can remember. It's then up to them to disprove them. Personally, I would err on the generous side , but don't go crazy. Then if they delay on the DPA, you can set the ball rolling with an estimated claim when their time runs out. If they then comply with the DPA you can amend your monetary claim (this will cost around £35, but you will get this back from them eventually).

Pedant alert! :o Only kidding

Sounds good!

My suspicion is that you can have both for the same issue. I would send a PM to Tinkerbelle or zootscoot, they will know for sure.

Yep - just follow the usual procedure

You need to file a court claim against them. There is a template for the particulars of claim here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html Also double check that you've followed the procedure here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

I itemised and totalled everything they owe me. Charges, interest, 8% up to today, court fees, Data Protection Act fee etc. etc. This was a wise move as they knew exactly how much to write the cheque for . I assume you know how to file AQ and refuse to answer the Part 18 - there are stickies for this above.

You must include all the legislation by name. It is important. If you feel you can't argue all the points in the space available then I recommend not using MCOL. Pop down to your local friendly county court and pick up an N1 claims form. There is more space and you can also send the court your spreadsheet of calculations. There are templates for filling in the N1.

Use the credit card - england - complex spreadsheet here.. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html You don't need to enter the APR, you enter the balances and interest charged to the account each month. So you need to go through ALL your statements from the first charge. Not just the ones that have a penalty on. Then the proportion of the interest attributable to the penalties will be calculated correctly. Hope that helps

Bar three? Then they haven't complied with your DPA request fully. Take them to task over this. Read the instructions with the spreadsheets carefully (I would use the complex one and had to read the instructions 4 times before i got it fully). It will work out the proportion of interest due to the penalties. You are confusing the interest they have already taken (which is part of the original claim) and s.69 county courts act interest at 8% APR. You add this in addition to the penalties and interest they have taken - BUT ONLY AT THE COURT STAGE. You don't include the 8% until you formally issue a court claim.

You've misunderstood the calculation. The first sheet on the template works out all charges AND the interest they have ALREADY TAKEN from you. The second ADDS 8% APR onto that total. This is s67 County Courts Act interest. It is additional to the charges and interest on the charges. BUT!!!!!!!!! You DON'T CLAIM the 8% CCA interest until you formally issue your court claim. Up until that stage you ask for charges + interest.

And I thought the consumer credit act was about protecting consumers:-x From a labour goverment too. But then we've all grown used to that now. My local blair's babe sent me a reply on the 77/78 issue - forwarded to DTI. Not heard from them yet though.

Reply from HSBC So this says exactly nothing Now I need to construct a convincing N1. But I have another question. I sent the CCA s.78 request. They defaulted and then committed an offence in not replying. After they defaulted - I stopped payments. A while after they committed an offence they sent me a copy of their terms and conditions. Thus they satisfied the original s.78 request. SHOULD I HAVE RESTARTED PAYMENT? Even though the offence had been committed? If you've been following this thread - you will know that I have made an offer in full and final settlement, but that it has been refused. I am now going to continue with court action, but should i resume my £50 monthly payments in the mean time? Back to the court action. I think this case is complicated and I will be filing a paper N1. I need lots of arguments (and help) . Some example arguments that zootscoot has though up include: 1. The default was incorrectly applied because at the date of the default they owed me roughly the same amount as the arrears. 2. There was no notice given of default 3. If the agreement is terminated then: lack of consent to process data 4. Disproportionate penalty. 5. Excessive processing. I'm going to make a start and will post the particulars of claim when I have a first draft. All help appreciated.

There is a section of this website devoted to ways of dealing with bailiffs. Read as much as you can. You need to be fully aware of your rights with these people as they can be very unscrupulous. It sounds like you have a reasonably serious problem with them. I would advise you to seek face-to-face support as well as what you can learn from this site. Try going to your local citizens advice, they are very understanding and helpful. You can find addresses for them here Citizens Advice corporate website - Home

Is it addressed to your name? If not, reply and say you are not this person. If it is, ask them to produce a copy of the agreement with your signature on it. Say that the debt is not attributable to you and that if they cannot produce an agreement with your signature on it and they continue to contact you then you will treat this as harassment and will pursue them in court.

It's complicated. There are Excel spreadsheets available in the templates section. These are excellent and come with detailed instructions. Remember not to ask them for the 8% yet - this is for the court stage.

Yes yes yes yes and yes. Be very careful. You don't have a lot of space. You need to mention the pieces of legislation you are using by name. ie common law, uttcr, county courts act and supply of goods and services act. IT ALL NEEDS TO GO IN. If you are AT ALL unsure as to whether you've been able to say everything on the form then please consider this. You may be better popping down to your local friendly county court and picking up an N1 claims form. There are templates for filling this in in the library. The advantage is that you have more space and that you can send the court your spreadsheet at the same time. This may encourage the bank to settle quickly.