Hi I ended my defence with my signature as follows: Signed. Signature Defender. Printed Name Date. Date of signing As this is a legal statement I would presume it had to be signed by the defender hope this helps Cheers AFW

Hi jamanji Did they aver that they had a copy of the signed original in their POC. They hadn't done that in my case and seemingly as SFU pointed out to me that they should have done this. When I sent a copy of my defence to their Solicitors stating that they had not averred in the POC that they can produce a signed copy of the CCA everything started to desimmer, as in Scottish Courts according to Act of Sederant they have to aver that they have a signed copy of the original. (I am sure I have this right, if not I am sure somebody will be able to correcxt me). They tried the tactic of You got money from us so we want it back. However your best person to advise on this is SFU, (I know he can be a busy man) have you tried send a PM to him or even Ida who could contact him. Can you tell us what Scottish Court this has been called in. If you dont want to post this info on here you can PM me. Cheers AFW

Subbing with interest....just about to send for SAR to help claim late charges back....Virgin/Telewest/Cable Good luck with your case, all finders crossed. Cheers AFW

Well I did as Elsa suggested and sent the letter above in reply to Moorcrofts letter telling me to contaact BOS, then received a letter statingthey would be send a door step visitor, replied more or less with the same letter above a few wee bits added to it, and low and behold what did I get today a copy of the first letter from them once again telling me to contact BOS. As I have advised them that I have made BOS aware of the situation and got not reply from them, I have also advised Morrcroft that I do view their letters as harrassment now as they are just playing ping-pong. Any ideas what my next move should be.... Should I just ignore Moorcroft....they seem to be playing games now and its costing a fortune in postage.(Which we don't have to spare right now) but I am afraid they start to take court action if I ignore. Cheers AFW

Hi jamanji Firstly, Thank you for enquiring about my Hubby, unfortunately he isn't much better still not sure whats going on still waiting more tests. Personally I would send for a SAR to HSBC, SFU did advise me to do that, however this can take up to 40 days to come back and that is why SFU helped me put in Incidental Application for more time (I think its called a sist) to allow them to send me the info the court wouldn't agree to sist but allowed me more time (4 weeks) I also sent a SAR request to their Solicitors. Good Luck, I shall follow this thread with great interest, if I can help in anyway please do not hesitate to say (Not clued up like SFU and Ida) but nothing would be too much trouble. Cheers AFW

Hi jamanji You couldn't be in better company/hands than SFU and Ida, SFU helped me through my court case with tremendous patience and guidance. I must admit I was extremely terrified to attend Court to defend. Before I was due to go to court I looked up the local court lists and found out when their small claims and ordinary claims where on, I went along and sat in on some cases I found this extremely useful and it helped me. Once I had done this and attended court for the first hearing of the Incidental Application that SFU helped me with to get more time to allow pursuer to send me all the paper work I needed. I was still a bit apprehensive but felt a bit more in control. The second hearing was not so bad as SFU pointed out they are all in fancy dress and this I kept in my mind the whole time I was in the court. The defence that SFU prepared for me was absolutly first class, also I would never have known to request absolvitor if it hadn't been for SFU and maybe would have still had them chasing me. If I can be off any help to you please do not hesitate to let me know, I would be only too pleased to help somebody as SFU did for me, it would be my way of thanking all on CAG for all the wonderful help they gave me. Cheers AFW

Cheers sea-sidelady, Letters are on their way today, will keep you posted.. Loke you its 5 accounts my Daughter has with them. However if they will give her the charges back she will be left with two accounts which she will pay, however it will have to be minimum payment £5 - £10 a month. Do you know if they will still charge her interest on the remaining balances they will not be too drastic but she is struggling just now after spliting with her partner and having to survive on part time wages and WTC to keep her and our Grandson. Many thanks for all your advice and help, it is gratefully appreciated. Cheers AFW

Hi sea-sidelady Many thanks for your replies, they are greatly appreciated, I have got all my Daughters statements with the charges and we have sent them a spreadsheet of charges. But, they are refusing to refund them, most likely because most of the accounts shall be cleared if they refund the charges. Had a wee look at the letter you gave a link to, have tried to adapt this letter, brain just not function at present, my Hubby is really ill and the pressure is starting to take its toll on me mentally and physically. Is there anybody who could help me adapt the letter to send as a Letter Before Action. Cheers AFW

Hi Elsa & all Still having a see-saw game with moorcroft, have advised them that BOS unlawfully terminated account, they wrote back saying contact BOS, CAG advised not contact BOS as I have already advised them. Now today, (after I sent another letter advising moorcroft once again the BOS unlawfully terminated) I received another letter from morrcroft telling me they are sending somebody to visit us, the state my husbands health is in just now, he couldn't cope with this. ANy advice would be gratefully received. Copy of Letter Cheers AFW

Hi everyone Letters sent to JD Williams for Charges, received exceptionally quick reply for all her accounts stating they feel they have a right to charge £12.00 for late, missed, insufficient payments. Posting one of the letters up here, (they were all the same letter: LETTER REFUSING CHARGES LETTER REFUSING CHARGES - 2 I am sure I have seen a letter on CAG somewhere that I could send to them, but can't find it now, can anybody help us. Cheers AFW

Hi PT 2573 Excellent thread/sticky, subbing for use. Cheers AFW

Thanks dx100uk Unfortunately I dont have a spread sheet for the PPI claim I only have a figure as I am sure it was somebody on here that helped me calculate it ages ago. I will try a comply a letter stating such, that I shall counterclaim if they intend on proceeding with court action. I don't see why they should be allowed to get away with taking me to court when they owe me more than the balance. As we should never have been sold this Insurance in first instance as I didn't work enough hours to qualify for it. SHould be 16 I only worked 10 hours a week at that time. Would it be possuible to send you my letter by PM to go over, don't really want to post it just now, seems there is prying eyes about. Cheers AFW

Hi Durkin I wish you all the luck in the world with this fight. I only wish I had the knowledge or wisdom to help you through this stressful time. Hopefully site members of CAG who have more experience than some of us caggers will contribute their wisdom and experiences. GOOD LUCK AFW

Hi dx100uk Here is the letter before action we received from Link regarding Court action....... Can I ask what a SOC is ?. We have checked the CRA file and Link have entered a default in 07 and keep updating file. We also have the assignment letter that I can scan if need be. What I haven't done is got SAR from GE Money as I am sure maybe a few charges on this account also. Will send SAR away tomorrow, if you think its not too late. I have scanned a copy of the their letter below. Many thanks for your help and guidance Copy of Letter AFW

Hi dx100uk Many thanks for your helpful reply... You are correct I do have to be very careful with words I didn't realise it was not illegal many thanks for correcting that point. (This is why I am so frightened to try and compose a letter to link in case I mkae a drastic mistake). Calculation is more than we supposedly owe link. I cant remember how to calculate the PPI (I read about on CAG but cant remember where) As my Hubby is so seriously ill just now we were just going to stick with the figure that we had just to make life a bit easier on us. We are aware that the amount would increase for PPI claim but not sure how to recalculate. I have tried to recalculate the the PPI but cant seem to get calculator to work for me, I had help calculating the first time can't remember who helped me........the first calculation is more than we supposedly owe link and as my Hubby is so ill just now we felt that we would just stick with this figure (just to make life simpler for present). We have received a Letter Before Action from Link saying that they are now issuing County Court proceedings against us. I thought that I would send a letter to them telling them that we would counterclaim, never thought about charges I think there is only three charges on this account as we paid it faithfully until Hubby took ill then everything went haywire. Cheers AFW

Scenario is: 1. Took out loan with PPI with 1st National then GE Money took over laon. 2. Husband took very ill (but had paid off most of the loan) was told PPI was on myself not Husband. 3. Got into difficulties with payments. 4. GE Money assigned loan to Link Financial (Who have been threaten to go to court since 2009butexplained that there was illegal PPI on account as I didnt work enough hours to qualify for it so it should never have been sold to us. 5. Tried to get PPI back from GE but refused. 6. Contacted FOS they couldn't help either as GE was not under their jurisdiction when it was sold. 7. Now that Link know that its not going to be refunded they are now commencing Court Action. Could somebody please help us to complya letter to them, I have been trying for two days to write a letter but I am hopeless at writting letters I just cant sem to say what I want in them (too scared maybe) But I think we are right in thinking that if the take us to court we could counterclaim with a claim for PPI as it was sold to us illegally by 1st National. Tried to get PPI payments back from GE Money, they refused, FOS cant help now Link are threatening Court Action - Can I counterclaim. Cheers AFW Please can somebody help us. AFW

Will do sea-sidelady. Letters away to Catalogue Company and Letters to DCA going tomorrow(Fingers and toes crossed)

Link working now. Many thanks Silverfox1961 and sea-sidelady. Letter adapted a wee bit (as I sent 2nd Charge claim after letter from DCA came)and will be on its way tomorrow to the DCA's

Cheers SS for the link, however it wont let me access it, it comes up saying : 24233513afw, you do not have permission to access this page. This could be due to one of several reasons: Your user account may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system? If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.

Hi sea=sidelady Many thanks for your advice, the only in dispute letter I can find in the library is for CCA non compliance would I just try and adapt it to say in dispute due to illegal charges claim or something not quite sure how to word these letters in case I do something wrong. I have sent letters to JD to claim charges that went away a few days ago but according to Post Office still going throught their system......but as said before not sure howto word in dispute due to illegal charges to DCA. Cheers AFW

Hi maroondevo 52 and MARTIN3030 You both work extremely fast I couldn't belive it, I just posted this thread and literally minutes later you both where on the go, tremendous service.... Thanks for moving my thread wasn't quite sure where to put it...I shall have a look at your thread. Could you please let me have a copy of the SAR letter you have MARTIN3030. We still have an account with Virgin with normal services and all payments up to date now. But over the past few years there has been mega late payment charges of £10. Cheers for the links I have a wee peek at them now for my bedtime reading. Cheers AFW

Hi Virgin have been charging us £10 each month for late payment charges on our account. Can anybody help us claim these back. Also has anybody had any successful claims from Virgin. Questions: 1. Who do we write to for statements. 2. Do we send a SAR just like we would for the banks etc.. 3. Also appreciate any guidance from anybody who has been successful in claiming Virgin. Tried to find some Virgin Charges threads on CAG but can't seem to find any....any pointers appreciated. Cheers AFW

Hi Folks My Daughter received her first two letters this morning one from Fredrickson and once from Moorcroft for two different accounts. She has sent letters to JD Williams yesterday to claim back charges on these accounts, however could some kind person out there help her comply a letter to Moorroft and Fredrickson to explain that she is in the process of cliaming charges back on these accounts amd would they please leave her alone. There is five accounts in total I take oit some other **** shall be poking their nose in. The charges do not cover all the accounts there is going to be one left with quite a high balance. 1. Would you advise paying this account and there will be a couple with a relative small balance maybe ranging from £40 - £100 woulkd she start to pay DCA now or wait until charges have been refunded. Hope this all makes sense to everyone. Cheers AFW

Cheers silverfox1961 much appreciated, just wasn't too sure if she could claim the new charges after claiming other charges earlier on. Letter on its way to JD Williams, there not much charges but it shall clear a few of her balances.

Hi I had a thread on here about a year ago regarding charges that JD Williams were charging my Daughter for late payments etc....we managed to get some charges from them and she eventually got up to date with payments, however due to personal circumstances she has had a bit of bother with them again. Can anybody tell us after claiming charges once before can she claim new charges that have been applied to the account since then. They have now got Fredrickson International on her back but if she could reclaim all the new charges this would probably cover the amounts that she owes. Any help greatly appreciated. Cheers AFW