Text of letter to be sent tomorrow Dear Sir/Madam I am disappointed that you have failed to respond to my request on 18/07/09 via recorded delivery, requesting a true copy of the signed agreement under the terms of the sections. 77(1) and 78(1) of the CCA 1974, enclosing the statutory maximum fee of £1 in the form of a postal order. I am fully aware that this was delivered to you on 21/7/09. You have cashed my £1.00 payment and have yet to disclose the meaning of the £10 cheque that YOU CASHED on 3/6/09. I have not been provided with a true copy of any signed agreement under the Consumer Credit Act, despite my properly formatted and paid for request within the timescales permitted within the Act. I do not therefore acknowledge any debt to Northern Rock I will no longer be making payments against this alleged "debt" as it is unenforceable and you have no authority to claim monies from me, as non compliance with my original request this will be a complete defence to any court claim that may be issued. Failure to respond positively will be reported to the Financial Ombudsman Service and the Office of Fair Trading. PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec) ". Yours faithfully xxx

day 12 no reply so they will get mine!! allan48

so, should i send a completed I and E form and quote appendix 2 of the FSA guidance 27/7/09 (monthly) as well as stating that the clock is ticking to 20/8/09 allan48

johnnymitch will do today allan

since opening the claim i have incurred a further £125 in charges!!!

Result Insurance company gave me a cheque for £1250. thread closed allan48

letter from Northern Rock received today and dated 3/8 Dear XXX arrears of £359.99 your monthly payment of £360.99 due on 1/8 has not been received and as a result, your loan account is now in arrears. BLAH,BLAH, BLAH. Looks like my £1 for the CCA has been deducted from my arrears!!! allan48

dear all just a footnote to say that i have previously succeded in reclaiming £1700 worth of charges from HSBC up to feb 2007. Question. Do i reply to their letter or do i wait for the eight weeks to expire as per letter of 25/6 and submit a small claim and wait whilst acquiring 8% interest. allan

letter dated 3 august 2009. Dear XXX As part of your claim for a refund of overdraft charges, you mentioned that you were in financial difficulty. in response, we wrote to you to ask if you would like us to carry out a review with you of your financial circumstances in order to explore wyas taht we may be able to alleviate any financial problems you may have. As you do not appear to have made contact with our specialist team for your review, we are writing again, as it is always important that attemts to address financial dificulties are made as soon as possible. in case of need, our telephone number is XXX. May i aslo remind you that, before you contact us, please have to hand full details of your income and expenditure so we can go through it with you as part of the review. it is around one month since we last wrote to you. Should we not hear from you within the next two weeks, we can only assume you do not, wish to go through an assessment of your circumstances. i do have to tell you that as far as your overdraft charges refund claim is concerned, this will remain on hold until the court case has concluded, as advised in our previous letter. yours

letter dated 4th July Dear XXX We achknowledge receipt of your complaint about bank charges. We believe that your complaint concerns the level, fairness or lawfulness of the charges. If it concerns something else, such as an administrative error, please let us know. We do not agree that our charges are in any way unfair or unenforceable. However, the bank has now become involved in legal proceedings with the OFT in relation to bank charges which we believe will resolve the legal issues regarding the fairness and legality of your bank charges. it would be our normal approach to resolve your complaint through our internal complaints process as quickly as possible.However, until the determination of the legal issues in the above proceedings, we have asked the FSA to suspend the normal timetable for dealing with bank charges complaints, and the FSA has agreed to this request subject to conditions that protect your rights. We can assure you we have registered and stored your complaint. Please retain your bank recoords, as this will make it easier for you to support your complaint on resolution of the test case. Once the legal proceedings between the OFT and the banks finish, we will resolve your complaint as quickly as possible. we are sorry that we have not been able to respond in full to your complaint now, but we think that it is necessary to resolve the key legal issues before we decide how we should respond to your complaint. obviously, exactly what will happen next will depend on the courts. we do not know how long the case will take - we have promised to proceed as quickly as possible but inevitably, given the importance of the issues being considered, this may take many months to finally resolve. But we can assure you that once the legal proceedings are completed we will resolve your complaint as quickly as possible. if at that stage you do not agree with our conclusions you will of course be able to refer your case to the FOS. given this court case we have asked both the FOS and the courts not to proceed with any other case they are hearing until the test case is resolved. FOS has indicated that as a general proposition it will indedd not proceed with cases which rely on the legal issues being considered in the test case. similarly, you should be aware that if you choose to issue a claim in the courts, we will immediately apply to the court for an order to stay your action until resolution of the banks proceedings with the OFT. the FSA requires us to ensure that your complaint will not be adversely affected by the delay in dealing with it and we can assure you that this will not be the case. You have mentioned that you are presently in financial difficulties. To see wher we can help we will need to undertake a review of your financial situation to determine the extent of your current difficulties. this will be required, whether or not we have had previous discussions with you about your difficulties, as customers financial affairs can change from time to time. BLAH BLAH range of options etc. Clearly if you do consider to be suffering financial difficulties, it is essential that we discuss matters as soon as possible. Once you have completed the income and expenditure form (NOT GIVEN) please contact us on etc. next response coming

Advice please i sent the following letter on the 25th June 2009 Dear Sir/Madam, I refer to the charges relating to unauthorised overdrafts and unpaid direct debits which have been applied to my account by HSBC since 17/2/2007, amounting to £1087. These charges are unfair and unlawful and I require the bank to repay these charges to me. It’s my case that under the Unfair Terms in Consumer Contract Regulations 1999 (the regulations) and/or the law of penalties, the charges applied to my account are unfair and unenforceable. I would draw your attention in particular to schedule 2, paragraph 1(e) of the regulations, which provides that a term may be unfair if it has the object or effect of requiring a consumer who fails to fulfil his/her obligation to pay a disproportionately high sum in compensation. Whether or not the charges relate to a breach of contract, the bank has charged me amounts which are disproportionately high in relation to any expense which the bank may have incurred as a result of my use of the account. As a result the charges are unfair and unenforceable. I am aware of the decisions of the county court in the Berwick case that certain charges related to borrowings which the bank had in fact agreed to, and that, as those charges were not charges for breach of contract they were therefore exempt from challenge under the regulations. I am also aware of the decision in the Gillin case. However, as you will know, both the High Court and the Court of Appeal have since ruled that these charges are not exempt from an assessment for fairness under the regulations. I therefore ask that you repay the amount of all the charges and additional interest charged for unauthorised overdrafts [and direct debits] and the interest that has been charged upon these charges and any compound interest charged. I look forward to receiving your response within a maximum of eight weeks of the date of this letter or I will issue proceedings with the Financial Ombudsman Service to reclaim the full amount of charges and/or the small claims court. I am also aware of the Financial Services Authority Waiver, which allows banks to put claims such as mine on hold. However, cases of financial hardship are exempt from the waiver. The FSA defines financial hardship as: “A complainant is considered to be in financial difficulty when his or her income is insufficient to cover reasonable living expenses and meet financial commitments as they become due.” I believe that I meet the criteria of financial hardship as 4 of the 5 unpaid direct debits in this period were for my Mortgage. The interest and charges accrued relate to utility payments being sanctioned over my limit. My annual salary was reduced by 18% from £50k to £41K on September 1st 2008. I ceased contributions to my Pension in September 2008. You will also note that I have attempted to secure a consolidation loan with you in November 2008. I have had to change my mortgage to an interest only account in December 2008. I asked to increase my credit limit on my HSBC credit card April 2009 and asked to increase my overdraft facility June 2009, Requests were denied with a reason of that I had reached my available limit for borrowing even though you stated that my credit score was high enough. I am happy for you to contact me on xxx after 7pm to discuss the matter and to provide proof of my financial situation. Yours faithfully see next response for their replies. Allan48

johnny by my calculation 12 days is up on thursday so will post on friday - recorded delivery unless they magic up an agreement by then allan

dx i have no PPI on it and am surprised they brought it up allan

further info just been rung by a chap called stephen asking why i was in dispute and whether it was a claim against PPI. I politely informed him that it was my right to have a copy of the CCA and i was not in dispute yet.!! allan

Hi people 2 secret phone calls received today asking to ring back on 08454789706. Checked and it is Northern Rock. Track and trace tell me the request was delivered on 21 july 2009. So this is day 10 of second request and day 2 after their payment date. allan

just4let the rent was £750 per month on AST for 6 months. By 25/8, arrears were £1750 which was the basis of the small claim. However warrant of possession was executed 2/11 by which time the arrears were £2697.50 + court/bailiff costs. The repair bill and time used increases this massively. allan

Hi all i moved from one part of country to another, couldn't sell house to made it a BTL and put in the hands of a management agent. Contract started December 2004. First couple of contracts were fine but then tenants from hell arrived. They were put in by MA in february 2006, no DSS and one pet only. in May i enquired why rent was late and insisted on an inspection. there were 24 cats, lady was running a rehoming service!!! Further investigation proved that their reference was provided by the lady's mother and the gentleman had not worked for several years after claiming self employment as a consultant in a company that had folded 20 year before (checked with companies house) In july i started the accelerated eviction process and finally got them out early november 2006. i took them to court for £3K of missed rent, put a CCJ on them and have received £10 in total. Given up on getting anything. Any way that i can enter into litigation with the management agent. The house needed gutting and refurbishing completely. i spent every weekend traveling 250 miles round trip to get it ready for a different agent January 2007. any advice please allan

Thanks mossy had no intention of accepting the £250 will trawl internet for similar caravans many thanks.

Can anybody offer any advice. May 31st, my car broke down whilst towing my caravan. My insurance company organised a tow truck to relay both back to my home. The crazy relay driver attempted to reverse both onto the driveway but only succeeded in reversing into the house. it is an old caravan but dry and gets used lots. the relay company offered £250 to forget about it. i approached a reputable coachbuilders company who estimate the cost of repairs at £2-3000:lol: i know the caravan is not worth that but it is now 7 weeks after the incident and their insurance company assessor is visiting on Thursday. i was intending to go aboroad for five weeks on Saturday with it. The advice i would like is what options do i have if the insurance company gives a low write off value for the caravan? thanks for your help

both sent and delivered yesterday - now we wait

I spoke to FSCS this morning and it could take up to six months for payment - so the cheque is not imminent on the mat but surely it is coming!!!

will do - thanks

can you give advice. i asked a claims management company to initiate a claim against HSBC VISA opened 2002 and constantly adding insurance to the account and Northern Rock since 11/05. Potential for unenforceable loan (25K over 8 years). They sent requests for CCA's late march and as yet have received no information from either. NR cashed £10 cheque on 3/6. Claims management company are giving no advice until they see the CCA. Should i start again with request from myself or take ownership of the problem with letter of dispute for in excess of the 40 days. allan

can you give advice. i asked a claims management company to initiate a claim against HSBC VISA opened 2002 and constantly adding insurance to the account and Northern Rock since 11/05. Potential for unenforceable loan (25K over 8 years). They sent requests for CCA's late march and as yet have received no information from either. NR cashed £10 cheque on 3/6. Claims management company are giving no advice until they see the CCA. Should i start again with request from myself or take ownership of the problem with letter of dispute for in excess of the 40 days. allan