Hi guys just wanted to find out if there is ANY way at all that I could claim back unlawful penalty charges added to an old bank account beyond 6 years ago....?

Love your letter..... Go get em Pinky...!!! I suppose it's thanks to you and others like you who are willing to give the CRA's a run for their money, that I was able to see Callcredit shakin in their boots after a DCA conducted a search against my name without my permission and without my say so....only took one letter to set things right again!! Good luck...xx

Lovely thank u so much, would you mind if I was to use the above letter as a template for my next letter to Halifax?? It's too good a letter to not send them it!!

Documents set to Natwest, so fingers crossed and will update with their response xx

Wow!!!!! Well done Gary excellent news, subbing for all the useful info as am on Halifax case right now for a credit card with just under £1000, so far they have sent me a microfche copy of an application with no prescribed terms and conditions and it is not easily legible either have a thread titled 'Is this halifax CCA enforceable?' in the debt collection industry section (sorry dnt knw how to create links!!) if anyone else is in the same boat and wants to follow for advice/tips....how long did the whole process take you from start to finish Gary?

Thank you Bazooka Boo, very interesting article....x

Thank you so much for that letter, very punchy!! I shall be posting this tmrw morning and will ltu knw the outcome...x

Ok guys, is it worth me sending this letter, or should I take it straight to courts or make offers of f&f?? I write in reference to the above mentioned account. It has now been 3 months since my initial request for a copy of the original consumer credit agreement relating to the above account. Given that the Consumer Credit Act states that you must provide a copy of a consumer credit agreement within 12 days, I feel that 3 months is more then sufficient time for you or your client to locate the agreement concerned. Your failure to provide me with the agreement can only confirm my suspicions that you or your client do not hold a copy of the concerned agreement, therefore making the debt completely unenforceable at law. Given that you have made several attempts to recover the agreement from your client, and that the problem may indeed rest with your client and their filing system, I am prepared to give you a further 14 days from the date of this letter, to provide me with a copy of the original consumer credit agreement, with the prescribed terms and conditions as required at the time the agreement was taken out. If you are unable to provide me with a copy of the agreement within the next 14 days, or confirm in writing that you or your client do not hold a copy of the required agreement, my only option is to escalate this dispute and allow for the courts to settle the matter. I look forward to hearing from you soon.

Ok, so in terms of doing absolutely everything to get them to produce a CCA, I have written countless numbers of letters during the past three months, what esle is there that I can do to get them to produce the CCA? Would court action be my next and final step step? If so, where and how do I start? Or is there anything other then this that I can do, as I would much prefer to settle without the courts...

In a similar position as you lexis, u may want to keep tabs on my thread titled Is it good news...? I want to make an F&F offer to a creditor who has failed to provide a CCA at all in three months.... I'm afaraid I can't offer any advice though, as we are both in a similar predicament..

I really want to get out of this mess I'm in at the moment, the money I owe to banks, I never spent in the first place!! I got ripped off by a scheming ex...!!! My family have agreed to help me out, but I dnt wnt to waste any more of their money, hence the offer of F&F..... I hear what your saying babybear and cashins, but if I was to go in and make the offer and they rejected it even though they don't really have a leg to stand on, what if any are the implications that I face should they take me to court?? Im just tryng to think of the worst case scenario here....

Ok guys, the DCA involved here is DLC, and it has now been 3 months since I CCA'd them and i that time letters have gone back and forth between myself and thm and still no agreement, the most they ever wrote to me was to say that while the debt is not enforceable without the agreement the debt still exists, they have stopped all collections activity on the account, however, I keep getting letters saying they are still chasing up the agreement with the original lender etc and they will be in contact in 21 days.....!!! In my opinion it's been 21 days too long!!! I really want to settle this debt with a very very very small percentage of the balance, I don't expect the whole thing to be written off, shall I just go in all guns blazing and say something like: 'If you or your client did have the agreement you would have been able to produce it by now, your non-compliance with my CCA request leads me to believe that you or your client do not infact hold a copy of the required agreement, therefore, to save time and costs, please accept £XXX as a full and final towards the alleged debt and wipe all data from my CRA' etc etc...... Also have sent in SAR to the original lener with whom I held two acounts, one for a credit card and the other for this loan, they responded by sending me info for the credit card (agreement, statements, customer services notes etc) but nothing for the loan, have written back stating SAR response incomplete around the 15th June, but I did'nt recieve anything back from them, not even an acknowledgement letter, after speaking to their cust services, they advised me to write to a diff add, which I have done but I'm not sure what to expect... (sigh!!) Any advice please caggers...?

Thank you for all your advice guys ..xx

From what I understnd CTB is expemtion from paying council tax, and not something that you'd receieve in the form of a payment...? Is that correct?

Yes, u r right, I think my first point should be to contact HFO and see what they say....

What's MSDW?? I thought I had to send SAR for Morgan and Stanley, as Braclaycard had taken over Morgan and Stanley, therfore, Morgan and Stanley no longe exist.... I wll be sending an SAR to HFO as well, however, I need to get all statements etc from morgan and stanley/barclaycard to add up the charges and PPI they placed on the account together with HFO's added interest and charges......

It was HFO, whom brought the debt outright and I settled the debt wit them in 2008, however, there is a default on the account, which I would like to get removed and would also like to claim back charges and PPI for the account....

Thank u bookworm..... I knw where to get my info and sue the F$*r$.....This thread was worth the wait.....xx

No barclaycard never took over the morgan and stanley card, and i was never issued with another account number at all, as the debt was sold directly to a dca in 2006, so this was before the barclays takeover...

Ok, the add that u have given me johannab and the one that spamalot has provided the link to are very similar so I may just send to one and cc the other.....once again thank u guys so so much God bless...xx

Excellent thank u so so much spamalot...xx

Thank u johannab.... xx

Ohmhygod.... a response..... Thank u so so much.... I have had ba look on barclays forum however, they have the same add as above, instead of clydesdale financial services, it's barclaycard and is from some time ago, however, I need to knw if the add is still good..?

Must I beg.....???? OK, I'm begging someone out there can u please confirm if you have sent an SAR to the above data controller with a successful response...?

unfortunately this has already gone to the bailiffs however, I have decided to cut them out as I refuse to pay any of their fees and charges, and when I make my monthly payment to the council they are happy to accept, although I did recieve a letter from the bailiffs office advising me to pay via them and not directly to the council.. I'll give u one uess why...!! But as far as deducting from my JSA goes, I'm actually in arrears with everything including the mortgage and I have some help from family, as I want to get out of this asap!!!!! At the moment my Council tax arrears are £289.00 to which I offer £20.00 per month, they were around £350.00 prior to this, however, every correspondence I get from bailiffs quotes an amount of £400 plus!!!!