Hi, Just an update... I received a call from Lee a couple of weeks ago, basically advising me to download the latest software again. He confirmed that the only way to gauge my usage is to call and ask or to go online and download the individual data usage amounts in excel format and then insert a SUM function. Personally I don't think either of these options are practical to avoid being charged excess fees. Especially as continually downloading the data usage comes from my data allowance. I have twice now downloaded and installed the latest software from the Vodafone site. The software still runs but is not visible in any way, so there is no way to see the usage. The link in Lees post above provides no resolutions but is a list of other customers complaining about the same issues. It seems that a few of these have been charged excess fees for going over their allowance. It is also mentioned that the older software never had these issues (which was also my own experience). Can it really be that difficult for Vodafone to sort the software out so that the tally can be clearly seen as it was on the old software? Or to make it possible to see the total monthly usage online? Or even both? I wonder how much additional revenue Vodafone are making while these issues remain unresolved and their customers unknowingly go over their data allowance?? OR how many customers are being so careful to not unknowingly go over their allowance that they are hardly using the data they have paid for?? It seems NO surprise that the fixes are not forthcoming! For Vodafone this must be a license to print money!!

Hi Lee, I check my junk box regularly... no response? Also I think you may be misunderstanding my current issue with the application? One of the Vodafone technical team remote accessed my laptop 3 or 4 weeks ago and downloaded the latest software already. This ran ok for a few days. The problem now is not just that it's not counting my usage correctly. No matter how many times I click on the various ways to load the Vodafone Mobile Broadband application it doesn't launch at all! The only way I can connect to the web is to click on the wifi icon in the bottom right corner (on the taskbar) and select 'connect' on the Vodafone 3G Broadband option. If I download the software again, not only does this increase my data usage but it also means that the counter will be reset, meaning I still have no way of knowing what my tally comes to for this month.

Hi Lee, Thank you for your interest. I did receive an automated reply when I logged my issues on the website. The reference number is [#6594768]. As of yet I have received no response to that? I did get a call from Omar last week who was calling me back as I requested to be put through to a Supervisor when I was getting nowhere on the phone a couple of days before (as mentioned in my thread). Unfortunately all he said was to confirm that (at least at present) it is not possible to see a tally of total data used through the website and that I would continue to have to call to find out my usage through the month. I explained that this is extremely time consuming and not very practical but at present it seems to be the only option. To use an analogy it seems to me like a bank that gives you an overdraft facility - at a big premium - but doesn't allow you to see your balance when you make withdrawls. To make matters even more confusing, Omar told me that my biling period was being changed from month start to month end to the 13th to the 13th of each month. This is only going to make it harder to determine where my usage stands and to avoid excess charges! The current system seems to be unnecessarily complicated. Having logged into my account, I am still unable to see what my broadband usage was for May, let alone current usage for June?? Of course I can call again, when I am at home and have my laptop available and try to get put through to a techie again, for them to do the neccessary software updates (which I am charged for downloading!) and see whether that lasts again for a few days.... BUT please remember that this resets any counters, so I am still inable to determine my usage in any way that is practical and helps me avoid excess charges! In fact having seen that 3G do both a 15GB and an unlimited mobile broadband deal for £15 per month (the same as I am paying Vodafone for 3GB), I think it's going to be far easier to switch providers and avoid the hours of explaining that I have had to do with Vodafone; especially as I still have had no solutions presented to me!!

Hi Lee, I have already logged my issues through that link straight after I posted here? No reply as of yet...

Hi, I recently took out a new Vodafone Mobile Broadband deal after my old deal (which included a laptop) reached its two year expiry date. I had 5GB per month but never came near that usage partly because the signal was usually very poor (something I contacted Vodafone about a few times but they didn't seem to be able to do much about, despite my living in a 'strong signal area'). I wanted them to match a deal I had seen in Tesco 3GB for £15 per month on a monthly contract. I didn't think this would be an issue as that deal was with Vodafone and when I called them direct and explained, I was told I was getting 3GB for £12.50 per month. As it turned out I was getting 2GB. Eventually (after a few calls, explaining the same thing over and over again) I was given 3GB for £15 per month on a monthly deal, matching the Tesco offer. I had issues with the dongle connection (via USB) to my laptop dropping and with the usage counter suddenly jumping up overnight (while the laptop was off and the dongle disconnected) from about 1GB to over 7GB. I called Vodafone several times and spoke to several different people - each time having to explain the whole scenario all over again - and was told that I needed to keep calling them to check my usage or that I could check through my online account. The old broadband number was still showing on the online account however and every time I called they woul run a report (which took a few minutes) and the usage would jump up and down - even on the same day! I was told by one person that due to all the issues I had had, that they were giving me 6GB for the first three months as a courtesy measure. Knowing how people 'say' things that are later denied I asked the next person I spoke to to confirm this and he said that it was down in the notes and therefore was confirmed. Evntually I got passed througfh to a techie who remotely connected to my laptop and installed the latest mobile broadband software for me. However when I got my first bill I was charged £50 instead of £15 as it said I had gone way over my uasge (although still short of the 6GB I was promised for three months). I called to complain and was told that there wasn't anything in my notes about getting 6GB for three months - and that it isn't even possible to arrange that!! He did agree - after my long complaint - to drop the excess charges. Now I find that the Vodafone software doesn't even appear on my laptop, no matter how many times I reboot or whichever method I try to open the application. Also, although the new mobile broadband number now appears on my online account, there is no tally of data used! As the software has failed (again!) and the online account doesn't give any tally of data usage, there is no way of monitoring my usage (knowing how much I have left or how close I am to going over my limit and encountering charges) other than to call up and ask for a total. And even then, when I did this last month I was given contradictory information. I have spent nearly 40 mins on the phone to Vodafone this morning (the first call was dropped when I was about to be transferred for the third time!) only to be told they could get a techie to run through a fix for my software despite me saying at the start that my laptop is at home and switched off and I am at work! They confirmed that there is no way of seeing a tally of usage so far despite being told previously that I could see this through the online account. They also refused to put me through to a Manager (although they kept saying that they weren't refusing) but did give me their managers name (very reluctantly). I don't see how Vodafone can legitimately charge excess fees when there is no accurate way of monitoring usage??

Anyone??

Still no comments from anyone?? RW have now written to say they may do a home visit. Still no notice of assignment and the CRA's are still showing the Default as under Halifax. I am replying with an harassment & I'll report you letter... but they've already had one of those and seem happy to ignore it. Anyone willing to give some practical advice and responses to my last post?

Can anyone help with how I complete the Statement of Account and what it is the Judge is after? As I have an interlocutory Judgement and the bank filed no defence it seems daft that this is all that is preventing me from Judgement by Default?

Hi all, I have sat back and thought about this for a little while and I am still struggling with a few things. Before anyone jumps in with 'because I said so' type comments please consider that I do not wish to be gung ho, my queries are serious and considered. I can also appreciate that there are 'moral' arguments on both sides. I have heard the 'better off leaving it to someone with more knowledge and clout' argument but there is no one stepping up to defend the consumer. I am after honest, serious responses that explain the thought process and rationale behind them. I have represented myself in Court against the banks already and whilst I have experienced the frustrations of being an LIP in our legal system I have had good success. Far more than I have received by any other means. As someone that doesn't own a house etc. I fail to see what huge risk there is? The banks can not take what I haven't got. They have broken the law (and the contract) I have not. If however action is ill advised I would like to know if there is any way of avoiding the years of misery of waiting for statute barred? As such I would appreciate some responses to the following points I'm sure they will not take legal action, they have said as much, so Defence is unlikely to be an option. While I'm sure I can (eventually) ward off all the DCA hounds, in the meantime my financial status has to go on hold as my credit rating is rubbished. This has many far reaching effects. In the meantime they continue to add charges and interest, so the level of the alleged debt goes up and up. Is there a way of forcing action from them so even if I lose the amount owed is fixed? If I'm right the only option left is to wait for statute barred, meaning 6 years of this headache? Does it take a further 6 or 7 years after that before the black marks are removed from the CRA's? It seems the legal routes are slowly but surely turning more and more in the banks favour. Who can say that statute barred won't disappear as an option before the 6 years are up? They have undoubtedly unlawfully rescinded the account, wouldn't I be better off taking that to Court as an LIP while it is still possible to win on such grounds? What really is the worst that could happen? Thanks in advance for any replies where people explain the pros and cons honestly... I really do want to understand.

Thanks for the advice Patrickq and DD! I will request an audit trail and do the harassment letter. I generally record any phone calls I do have anyway. Funny enough I have a telephone transcript of one call to HBOS and it includes their conversations to different departments while I was on hold. I may post it, it really shows how the people on the phone are all clueless.

No offence was taken... and I've been called far worse. I just need to understand why Court action is not the right thing to do. Why would it be so expensive as a Litigant In Person? Just to confirm, screen -shots have been received as part of the SAR asnd they do show a DN in Feb. I never received one. Another was sent (and received) in April. I have written to Robinson Way advising them the account has been in dispute since March 2009 and was unlawfully rescinded in March 2010 and should be passed back to HBOS. I also asked for a Notice of Assignment. They replied asking for details of why the account is in dispute and advising they would hold collection activity for 10 days. They have since started their telephone calls again. And just to be clear I always refuse to give security details to unsolicited telephone calls, especially from third parties that I have never entered into any agreement with. Complaints went to the ICO about a couple of my 'problem' credit card accounts back in Jan this year. I was told there was a six month waiting list but having checked since I still haven't reached the top of the queue yet. Another dispute was sent to the FOS who were shockingly useless! The only joy I have had was when I took Court action myself as an LIP against 2 different CC companies. One didn't bother filing a Defence and the other did but I ended up being awarded costs, after two hearings, as the Judge decided they had been unreasonable. Admittedly I haven't tried the OFT but you can probably understand why I believe Court is the only good option if you've done your homework and are sure (as you can be) the law is on your side!

OK, so taking them to Court is "nuts" and "only a plank" would try it... Name-calling doesn't constitute an effective, intelligent argument in my book. Can anyone explain why it's the wrong thing to do and address the points I have raised which seem to suggest that it's not such a bad idea?

Why nuts to go to Court? They have already told me they will not go to Court but simply assign the debt to a DCA. Am I supposed to put up with endless hassling telephone calls and letters etc. from several DCA's repeating myself over and over that "the account is in dispute" until the debt is statute barred? All the while the alleged debt grows as interest and charges are added and my credit rating gets worse and worse. In my opinion it is clear the account has been unlawfully rescinded and has several other discrepancies (see my letter quoted above). Even if I lost at Court - which I think would be unlikely given their indescepancies - the worst that would happen would be a CCJ, which is no worse than the Default that already exists on my file, PLUS they would have to stop adding charges and interest etc. You could say I may be liable for their costs but in the circumstances that is extremely unlikely. This site is called the Consumer ACTION group after all. Seems a lot of people are suggesting not taking any action against the banks of late. In that case what's the point??

Thanks. Will do. What about the statement of account? Should I include all the fees paid to Counsel (these run into £thousands) or just the fees I paid to the claims company?

Hi Vint and thanks again for your help!! I'm keen to go to Court if I can as I want to put an end to this and have already issued a Letter Before Action: 17th August 2010 Dear xxxxxxxxxxxxxxxxx, Re:xxxxxxxxxxxxxxxxxxxxxxxxxxx Unlawful Rescission Letter Before Action Thank you for your final response letter dated 9th August 2010. I was most amused to read that... “To re-iterate when a letter is sent terminating the credit agreement, this means we are withdrawing your credit facility, not terminating your whole agreement.” The last card issued expired in August 2008 since that time I have had no replacement card, despite being told I would receive a replacement card with a new account number? Therefore I have had no means of spending on the account in two years. Also in August 2008 the credit limit was reduced drastically from £5900 to £950 – just £6 above the outstanding balance at that time – with no explanation given. The account was long standing and in good order at that time. Surely these actions were “withdrawing the credit facility”? I think your assertion seeks to confuse and is a further example of the unfair relationship you have perpetuated. Please refer to my many previous letters where I have clearly laid out that the alleged debt is in dispute and my assertions that it is unenforceable. In December 2008 I contacted you several times by telephone and by letter and asked that you confirm that as from 1st January 2009 my repayments would be temporarily reduced without adversely affecting my credit rating. As I could not afford the minimum monthly payments I asked you to accept a token offer of £1.00 per month. If interest or other charges were being added to the account, I asked that you would freeze these. I also asked that as I had written to you and tried repeatedly to contact you by telephone to explain my circumstances, I would appreciate it if you could refund any charges you had added since notification. You replied on 29th December 2008 and advised me to continue making token payments. Since that time however you have continued to add interest, charges, late fees and overlimit fees to the account. On 4th February 2009 I wrote requesting you to provide me with a true copy of the credit agreement pursuant to s.77/78 of the Consumer Credit Act 1974. On 10th March 2009 I wrote advising that the account went in to dispute on 25th February 2009, due to the response received not fulfilling your requirements under the Consumer Credit Act 1974 and setting out the legal case for the dispute. Since then the account has remained in dispute as no further documentation, fulfilling your obligations under the Act, has been provided. Interest, charges, late fees and overlimit fees have continued to be applied. In October 2009 I received a cheque for the refund of PPI plus compensatory interest. I have queried how the total amount of PPI was determined when you claim you do not have statement information going back to the start of the account? Also how any charges or fees added to the account can be sound when PPI refunds plus interest would have been owing to me at that time? I have received no satisfactory response, merely insistence that you have repaid the PPI plus interest and that is an end to the matter. The Agreement is a regulated consumer credit agreement under the Consumer Credit Act 1974. I confirm receipt of the Credit Card application form and the separate Terms & Conditions. Please confirm that the Agreement that you have provided me with is a true copy of the signed executed Agreement by both parties and is the document that you would rely upon in Court should you ever feel it necessary to enforce the agreement. If the copy you provided is reconstituted you must inform me whether you hold the original on file or if this is from your records as per Carey V HSBC Bank Plc 2009 [EWHC] 3417. On review of the documentation, it is clear that you have failed to properly execute the agreement pursuant to schedule 1 and section 61(1)© of the Consumer Credit Act 1974 and the Regulations as follows: • Default charges • Legible agreement Unfair Relationship I also note that you have levied many late fees and over limit fees. Such late and over limit fees are penalties in that they are not a genuine pre-estimate of damage suffered. Late fees and over limit fees are unenforceable and are not payable. Further, contractual terms dealing with late fees and over limit fees are unfair terms in a consumer contract and are unenforceable because of the terms of the Unfair Terms in Consumer Contracts Regulations 1999. In accordance with Section 78 of the Consumer Credit Act 1974 you have incorrectly set out all of the terms in the Agreement prescribed by Schedule 1/S 61(1)© of the 1983 Regulations, the agreement is unenforceable on the grounds that it was improperly executed and therefore can only be enforced by a Court Order under Section 127(l)(a) of the 1974 Act. I have issued two Data Subject Access Requests, neither of which has been satisfied fully. I have still to be provided with statements from the start date of the account. You have told me these are unavailable but have provided no certificate of destruction and, in my belief, you may be in violation of The Money Laundering Regulations 2007. I have also advised you that incorrect information has been passed to the Credit Reference Agencies. The case of Kpohararor —v- Woolwich Building Society clearly shows that substantial damages can be claimed for injury to a person’s credit rating, without the need to demonstrate any actual damage suffered. Furthermore, on 1st March 2010 you unlawfully rescinded the account by writing to advise the agreement was terminated and the account details had been passed to a Debt Recovery Agent. Further to this, on 17th March Albion wrote to me demanding the full outstanding balance on the account. By demanding the full balance you have breached the CCA 1974 S87 (1). Further letters were received from Albion, demanding payment in full, throughout the following months. A Default Notice dated 9th April 2010 was also sent from you, demanding arrears on the account. Both prior to and since that time letters and telephone calls have been received from you, Albion and Robinson Way, all demanding payment on the alleged debt, plus a letter from you accepting £1 per month token payments - seventeen months after being offered. I would refer you again to the Office of Fair Trading (OFT) guidelines for Debt Collection activity: Physical/psychological harassment 2.5 Putting undue pressure on debtors or third parties, e.g. relatives, is considered to be oppressive Examples of unfair practices are as follows: a. contacting debtors at unreasonable times and at unreasonable intervals. b. pressurising debtors to sell property or to raise funds by further borrowing c. pressurising debtors by using more than one debt collection business, either one after another or at the same time, resulting in repetitive and/or frequent contact by different parties d. pressurising debtors to pay in full, in unreasonably large instalments, or to increase payments when they are unable to do so e. making threatening statements or gestures which suggest harm to debtors f. disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment g. disclosing debt details to third parties, (especially neighbours relatives or employers), unless legally entitled to do so h. acting in a way likely to be publicly embarrassing to the debtor either deliberately or through lack of care e.g. sending open correspondence to a shared post box. Deceptive and/or unfair methods 2.6 Dealings with debtors are not to be deceitful and/or unfair. 2.1 Examples of unfair practices are as follows: a. contacting people speculatively by e.g. addressing correspondence 'to the occupier' when there is doubt as to whether they are the debtor in question b. obtaining details under false pretences e.g. leaving a note at a suspected debtor’s home telling them to phone to arrange a suitable time and date for delivery of a package. When they call, they are asked to confirm their personal details and are then sent payment demands for a debt c. refusing to deal with appointed third parties, such as Citizens Advice Bureaux d. contacting debtors directly and bypassing their known appointed representatives e.g. in an effort to deal with someone in a weaker position e. failing to refer on reasonable offers to pay by instalments f. not passing on money collected within a reasonable time and failing to keep and provide details of payments made. g. where a debt has been bought, failing to establish the details of the debt history resulting in debtors sometimes being wrongly pursued. Three statements since the unlawful repudiation have been issued. Each one shows credits received which do not match payments made or the information given to the Credit Reference Agencies. I have previously advised you that you have now unlawfully rescinded the agreement and that I accept that the agreement is now terminated. I note that demands have been made for the full balance of the account. This would include sums not yet due. The Consumer Credit act requires the creditor to issue an effective Default Notice giving the debtor 14 clear days from the date of service of such a notice in which to seek advice and/or remedy the alleged default before they may claim entitlement to the benefits of s87 (sums not yet due). You have not issued such an effective notice therefore you may not claim entitlement to the benefits of s87 of the act. You therefore have no cause of action. Further, having unlawfully rescinded the agreement, you can now never issue such a valid notice since to do so would perpetuate the fiction that the agreement, which you have rescinded, still endured. Please advise me by 3rd September 2010 of the true arrears outstanding at the date of the unlawful termination, this being the only amount legally due to you, against which I need to set my claim for damages for their unlawful rescission. Failure to do so will result in my issuing Court proceedings against you with no further notification to you. Be advised that I will only communicate with you in writing. I have noted you and your agents repeated attempts to contact me by telephone over the past few months and these have been duly logged by time and date. If the account has been assigned to another party then please provide me with a Notice of Assignment. Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. Please note that Section 2.8 of the Banking Code states that failure to cease collection activity while a debt is disputed is an example of unfair practices. I would therefore appreciate your confirmation that no further action will be taken to recover these outstanding amounts until this matter has been resolved. If you choose to continue collection activity I reserve the right to refer this action to the Court and to make a complaint to the Office of Fair Trading (OFT). I have made every effort to settle this matter without the need to issue Court proceedings. It seems however that we may only achieve a reasonable outcome to this matter by allowing the Courts to decide, although this will involve us both in extra expense and time wasted. Yours faithfully, xxxxxxxxxxxxxxxx PS. Please find enclosed a copy of a letter sent to Robinson Way. I have received their Final Response, disputing all of my claims and advising that the account has been passed to Robinson Way and that I need to deal with them. Does that count as a Notice of Assignment?? At least if it goes to Court (even if I lose) no further interest/charges will be added. I will try to post up copies of the agreement and DN now...

Hi Vint and thanks for your input! The CC company passed this debt to Experto Credite after Court proceedings were issued and haven't done anything about it themselves in months. EC have chased it and said that the Court action is over according to MBNA (the CC company) but this is obviously not true. No Notice of Assignment was ever received. The claim companies solicitors issued proceedings last year on my behalf and when MBNA issued no defence to their ammended POC's they applied for Judgement by Default. The Judge has awarded an interlocutory Judgement pending a Witness Statement from me and a Statement of Account. Since that time however the claim company and their solicitors have closed down. I am now in posession of all the paperwork and am keen to get this sown up as there is potentially a few thousand pounds waiting there, as long as I can satisfy the Judges request. I have also issued a letter explaining that the account was unlawfully repudiated due to the DN demanding the full outstanding balance and that EC wrote to me to say they now have the account before the correct date, plus the account is marked as Default with the CRA's prior to the issue date of the DN. The legal claim is a seperate issue (as I see it) as it is due to being over-charged on interest... never given the promotional rates I was told I was getting etc. etc. As I say it's for a few thousand pounds, so I'm keen to pursue the Judgement by Default while I still can. I just need help on the Witness Statement and Statement of Account.

Wrote an LBA to Halifax and received a 'final response' refuting all my claims and advising me to go to FOS. I may well do but now need to issue a claim at Court. Can anyone help with the POC's? I'm not sure whether to just focus on the unlawful repudiation or to include the account in dispute due to just receiving an application form as the CCA agreement, interest, fees & charges still being added, statements sent in SAR response not going back to start of account, therefore no way of knowing if PPI refund is correct, different DCA's chasing payments, etc. etc. Any advice would be gratefully received.

I wrote to the Court asking if I could take over this claim as an LIP and (eventually) got a reply saying it ios not for the Court to give me any advice. I wasn't asking for advice, I was following the instructions given to me on the phone to take it over as an LIP. They are extremely unhelpful whenever I have called chasing a response, telling me there's a backlog of correspondence due to being short-staffed and cut-backs. Eventually I got a bit annoyed and reminded them that I had paid the appropriate fees for Court action and expected some kind of customer service. They did tell me then that there is an interlocutory Judgement, just waiting on the witness statement and statement of account. Im now thinking I should just submit a witness statement and statement of account myself. I'm after some advice on what these should include? Should I incluse all the fees paid to Counsel (these run into £thousands) or just the fees I paid to the claims company? Any advice please??

Have now received a letter from HBOS saying... “To re-iterate when a letter is sent terminating the credit agreement, this means we are withdrawing your credit facility, not terminating your whole agreement.” What planet are they on? That doesn't even make sense!!

Hi, I'm working my way through this thread from the start as I have 3 invalid DN's, all with slightly different circumstances and their own threads but responses on this thread are huge, so please forgive me if my point has been raised since. I came across this post: Firstly, if arrears can be claimed by the OC up until the letter accepting rescision, why should any payments not be seen as off-setting against those arrears? Surely allowing the banks to charge arrears but not allowing the debtor to make a payment without damaging any legal claim he may have is an unfair relationship? Secondly, we all know the CCA and surrounding law is huge and complicated. As laymen we are trying to increase our knowledge to take on the legal arms of huge corporations due to ongoing disputes with them. If we learn as a part of that process that a DN and termination was invalid after the fact but have made token payments in the interim, provided we stop payments and issue an acceptance letter at the time we become aware of these facts we can still be ok? Like I said, sorry if they've been raised since... it's taking me hours to try to read the whole thread.

Hi all, Can I get some advice for my thread please? http://www.consumeractiongroup.co.uk/forum/showthread.php?253070-Halifax-and-phantom-Default-Notice Thanks everyone, keep up the good work!

A quick summary of action so far: Aug '08 Credit card expired - no replacement issued as they wanted me to switch from VISA to Mastercard (I.E. a new account) with no valid explanation - I refused Dec '08 I asked HBOS to accept token payments and hold charges and interest due to a change in my circumstances HBOS replied advising me to seek independant financial advice and continue making token payments - charges and interest not mentioned Feb '09 HBOS continued taking minimum payments by DD, so DD cancelled Interest still being applied to account I sent CCA request Mar '09 Started receiving missed payment letters Charges, interest and late fees added CCA response delayed as 'docs are being ordered' Letter sent requesting a copy of the credit agreement under CPR 31.16 Apr '09 Copy of application form received - partly illegible Letter sent saying no debt acknowledged as there is only an application form - improperly executed May '09 Received letter to say PPI to be refunded Received cheque for PPI Received letter to say (the rest) my claim has no justification July '09 I sent SAR Aug '09 Incomplete SAR response received Letter sent saying SAR incomplete Sep '09 Interest rate increased Letter sent complaining about increase Oct '09 Further SAR response received - still incomplete, statements do not go back to opening of account Default Notice issued Arrears paid within the timescale given on DN Nov '09 Letter of claim sent Response received denying I have any claim Interst rate increase refunded due to my complaint Dec '09 - Jan '10 Continual letters of claim sent Continual denial of any claim or of account being in dispute Feb '10 Letter received saying they had recently issued a Notice of Default (none received) and the agreement has been terminated I called and wrote asking for a copy of the DN as none received - advised DN date was 15th Feb Requested transcript of telephone call Mar '10 Letter from Albion demanding full outstanding balance Letter from HBOS advising an agent may call at my home and I would be charged for the visit Second letter from Albion demanding full outstanding balance Advised (on the phone) that to get a transcript of telephone call (as requested) I need to submit a SAR and £10 fee Second SAR submitted Apr '10 Third letter from Albion demanding full outstanding balance Default Notice received from HBOS demanding arrears Letter received saying they had recently issued a Notice of Default and the agreement has been terminated May '10 Letter sent to say I accept their unlawful rescision Letters received to say they have investigated my complaint, DN was sent in April and a template (no dates) enclosed Letter says they will accept token payments for three months! SAR response received but incomplete Letters received from Albion and Robinson Way both requesting full O/S balance Daily telephone calls started from Robinson Way Jun - Jul '10 Continual telephone calls and letters demanding payment Aug '10 HBOS letter received to say there is no unlawful rescision the account is now with their Recoveries Agent (not Albion or RW) Telephone call to HBOS, they say the agreement was terminated but not the account, the account is now with their Recoveries Agent and I need to deal with them I think it's clear that they unlawfully rescinded the account and that they are on very dodgy ground anyway on the back of a largely illegible application form, incomplete SAR responses, and that the remaining balance is mostly due to charges, late fees etc. etc. Now they are refusing to deal with me and I'm being pestered by DCA's, I want to issue Court proceedings. Thought I would get some feedback first though?

I do see your point of view. We do have the same objective. Still I have to ask what practical advice is there that helps me and others like me? Sit tight and wait, putting up with their harassment, charges and blacklisting in the hope that maybe, sometime, someone else will take up the mantle is not practical. It drags the process on and causes ongoing damage in the meantime. It is allowing them to fight on their terms. It is only by being pro-active rather than reactive that we can choose our ground. With effectively no protection curently in place from these bullies, it is up to people to protect themselves and their families. If someone is capable of a better job the moral obligation is on them to step up and do a better job. In the absence of that, the moral obligation is not for everyone else to do nothing. Any action needs to be well thought out and prepared and of course, there is always risk. I agree that these things are best done together, rather than being out on your own. That is the beauty of this site. There are numerous calls here to report the misdemeanours of the banks etc. as the more complaints about them to the various ombudsman, the more notice will have to be taken. Unfortunately, as I have already said, the ombudsman and various other bodies have proved they are useless in taking the banks to task. Therefore the only action left is the Courts. The more the banks get away with their harassment, charges and causing damage, while being unchallenged, the more they will continue to utilise those tactics. Many people will fold when exposed to these actions. It's by not doing anything that we are making things worse for everyone!

I understand your arguments seriouslyfedup. If I could believe that they would take me to Court I would happilly allow them to do so and Defend. The reality is though they know the risks - as you point out - and they are extremely unlikely to bring Court action. Instead they will blacklist, harass, pass on to one DCA after another, etc. etc. This process is likely to last years... and in the meantime we have little option than to take all their actions on the chin and reply with letters threatening to report them to the FOS or ICO etc. etc. who take months to even review a complaint and then do little about it anyway. All the while our lives are on hold if we want a mortgage, or even a new mobile phone contract as 'officially' we have defaulted. I don't know if you've read the rest of my thread but TPFL insisted that a Default should stay on my credit file until the very same day I issued Court proceedings against them, when it was removed. It only returned after the Court proceedings were over. Funny enough I had to issue a Warrant of Execution to get TPFL to pay my costs, as ordered by the Judge in my case (yes I won!), yet I can't put a black mark against them. I realise the law is not black & white... and that big banks have more resources than consumers... and that Lawyers can often present a better argument in Court than LIP's. Does that mean that LIP's with little financial resources have no right trying to fight in Court?? With that logic even the OFT lost to the banks in the end, so who does have the right to try?? I don't believe you, I or anyone has the right to tell someone that they have a moral obligation to put up with corporate bullying and should not pursue resolution through the Courts because, in effect, they are too small, insignificant, lack legal training and may well lose, running the risk of making things worse for everyone. "All that is necessary for the triumph of evil is that good men do nothing." (Edmund Burke)

I'm sorry but I thought this site was for people that wanted to fight back against the banks and credit card companies because we've had enough of them playing the game subject to their rules? It sounds as though you think the best option is allow them to bully us as they see fit and hope that one day it all goes away? Some of us want to deal with these issues so that we can carry on with the rest of our lives without this cloud hanging over us and those closest to us - don't forget telephone calls and doorstep visits affect them too. To suggest not standing up for our legal rights is somehow for the greater good, because we may fail, is a cowardly argument. Change only happens when people get some guts and stand up for what they believe is right, against whatever odds there are! This site should be to provide support and information for those people that want to do that, to give them the best possible chance of winning. If right - morally and more importantly legally - is on our side then we should be standing up and being counted. The banks, like all bullys, rely on us all skulking away to lick our wounds in order to maintain the status quo. If legal right is not on our side then we should all stop kidding ourselves and admit the chances are we will never win. Then I would agree with you that taking the banks to Court is a bad idea. If that is the case who do the banks have to show with 'a reasonable standard of certainty' that an offence has been caused before blacklisting us with the CRA's? According to Experian the banks own the information which shows on their reports and it's up to us to prove it's wrong before they'll remove it?