That's not as silly as it sounds. it would be an idea for us to approach the least tenacious of the banks (halifax in may experience, they pay up quickest) and offer them our business if they offer an account (with a small monthly fee to cover their admin) which guarantees no charges. everyone on this site has had a cash flow problem not a huge cash problem overall. the majority of us work and have a wage and the capacity to save (when we're not being shafted with charges). we'd be great customers

the courts are clear that offers made before day must still stand. get your money, don't give up. look into entering judgement in your favour at the court (form on the court website Request for Judgement i think) and get the court to set a date by then they must pay. If they don't pay by that time fill a Request for Warrant of Execution and send in bailiffs to collect your money. hope this helps x

thought you may want to add these details: Rosemary Treves Brown Legal Counsel, GRCB Litigation Barclays Bank PLC One Churchill Place London E14 5HP Tel: 020 7116 2710 Mobile: 07766 363930 Fax: 01452 638 420 email [email protected]

UPDATE! this is priceless... got home yesterday to find a letter from Wescot confirming they're investigating my complaint. At least they've acknowledged my letter. However, they have also sent a red reminder letter for my friend's dad too (in the hope it'll scare iccle old me into paying my friend's dad's debt!) sent the following letter: Yet again I find myself receiving correspondence from you regarding John ..................... despite him NEVER having been a resident at my address. To reiterate the contents of my previous letter (which you have received, acknowledged and totally ignored???) this gentleman is a friend’s father and sending me details of his financial problems is totally inappropriate and in breach of a large number of regulations governing agencies such as yourselves. I am amazed that I am writing to you about this matter yet again. If I am corresponding in a language that is not understood please advise? I am Melanie Bree of the aforementioned address and would like to know if there is a possibility of a gentleman (who is not a small man) having moved in to my home without my permission or knowledge or in fact me noticing at all! It is extraordinary that from your offices in Hull you have managed to decide that he resides with me when I am totally unaware of it. As far as I am aware, in this particular situation (which is not unusual) I am not living with my friend’s father (nor ever will). Seeing as I have known this gentleman since I was five years of age and am good friends with his wife and three daughters, I doubt I ever will take up residence with him. Since February 2007, I have been visited by one of your bailiffs and received two letters regarding this matter. I have been clear and honest each and every time about the current circumstances. As no positive action has been taken by you, I am now of the opinion that I am dealing with dim-wits. I find this situation highly frustrating and boring and having now realised that I am dealing with people of limited intelligence I will shortly be taking the matter further. I have sent this letter via recorded delivery as I feel this situation has been neglected by you and from past experience, I can only assume that history will repeat itself and my requests will not be dealt with. If you decide to take further action, please be advised that I shall defend the claim in full and will inform the relevant bodies as well as consumer organisations such as Watchdog (who I am sure will be very interested in your incompetence). They may even choose to embarrass you publicly (although you are quite competent at doing this all by yourselves). Please note the details of this matter have been posted on the Consumer Action Group Website and are already attracting attention and highlighting how dense the members of staff you employ actually are! I look forward to hearing from you with the required information, a full apology for your failings to provide a decent and adequate service and compensation for the time, effort and inconvenience I have been put to as well as the full costs of every letter I have had to prepare to you. Many thanks.

Wescot - for sending me a letter regarding my mate's dad's debt with them! they have my details for a vodafone bill i didnt pay but don't know how they think he lives there. i sent them this response: I write further to your letter dated 15 May 2007 to my address which was meant for John ........ This gentleman is a friend’s father. He has never, nor will ever live at my address and any financial problems he has are a confidential matter which he would not share with me. Sending letters to my address regarding his private business are a breach of the acts which govern agencies such as yourselves and any future breach of Mr .......’s confidential business will result in me informing Mr ....... and the relevant bodies immediately. Your actions have caused embarrassment to both me and Mr ........ This is also a massive breach of the data protection act. As far as I am aware, sending letters to your debtors’ daughter’s friends is not common practice. Please remove all reference to my address from your records and provide me with written evidence that my address is now clear of any reference to Mr ....... residing here as a matter of urgency. I also require confirmation of any other company this information has been passed to and proof that they have been corrected. I also require a sincere and genuine apology as well as reimbursement for the time and effort taken to write this letter. Many thanks.

do you have a template of the wording you used as my friend is having terrible trouble with a faulty leather sofa from the "furniture discount warehouse". i've said i'll help her get her money back as it's faded to orange and one side of a chair has collapsed. she's complained dozens of times but they're ignoring her! gits...

just read your thread and wondered how you're getting on now. is everything settled?

my friend's son is having a huge problem with callserve. i wondered which route you had taken to settle your issues with them and if you could give me some pointers please? many thanks

barclays will have to make an application to the court which will cost them £65, you should apply for any costs you incur in connection with this too. they will be applying to have the judgement set aside on the basis that they feel they are able to defend the claim. they will enter the standard defence that they are entering on all claims. i've had it checked by a solicitor. it is very badly pleaded (especially in view of the fact that they have had it prepared by a barrister!). i've had to enter an allocation questionnaire now which was an extra £100 fee. they were 4 days late entering theirs but i still cannot get judgement entered against them. i think they are now going to take them all to trial. as far as i'm aware, they dont attend court on the day of trial and get judgement in default against them. i do not think they could apply to get judgement set aside twice but you should check this with the court. you can object to their application for your judgement to be set aside. it would be heard before the judge and he would decide. if you need anymore info, let me know.

i wrote to my branch to get details of charges but they've managed to lose a few cheques when my friends have done the same. you're best calling your branch and asking where to send the request to.

i didnt issue for non-compliance. i filled a N244 (Application Notice). if you want the wording that i used, then i can e-mail or fax a copy of it to you along with a template of my statement and the relevant order i requested. it was prepared by one of the solicitors i work with and worked a treat! think it took 2 days for statements to arrive. the thing is you should give two weeks' notice before issuing against them so write a letter today and then you'll have two weeks to prepare the paperwork. it's not that difficult.

the information commissioner did nothing for me. i eventually issued an application for pre-action disclosure at the court and natwest took that very seriously. i am not allowed to divulge the result to 3rd parties but my claim is over and i'm buying a new car.

i'm not more intelligent at all! i just work with people who know how the legal system works and they've helped me during my claim. this is something that you must research yourself a bit first before doing what i have done as i am not legally qualified. you're more than welcome to see the wording of the letters and documents i used. i will never forget the 45 minute telephone conversations i had with natwest begging them not to put the charges on that month as i could not afford it and getting nowhere. i am really pleased that people on this site are getting theirs back! good luck and let me know if you ever need a hand x

you still need the wording for the application notice. i can't copy the form and post it on the website but could fax or e-mail a scanned copy to you. if you get hold of the form, i'll tell you what i put in each section. im afraid it may not make much sense if i just paste the sections online

here's a part of the template to the statement that goes with the N244: 1 Claimant: [your name]2 Statement on Behalf of Claimant 3 Statement Number One 4 Exhibits – [iNITIALS & No] 5 Dated [date] IN THE LEICESTER COUNTY COURT Claim No: BETWEEN:- [name] Claimant and [bank] Defendant WITNESS STATEMENT OF [name] I [name], of [address] will say: 1 My date of birth is [ ], 2 I make this statement in support of my Application for Pre-Action Disclosure of statements and documents relating to my account held with the Defendants between [date] and [date/to present date]. 3 On [date] I wrote to the Defendant requesting a complete list of transactions and charges relating to my back account held with the Defendant from [date] and / or a complete set of bank statements for the period since [date]. I attach a copy of my letter to the Defendants dated [date] at exhibit “[initials & no”. 4 My request for the documents detailed in my letter of [date] was made in accordance with the Data Protection Act 1998 and included the statutory maximum fee of £10. 5 The reason for the request under the Data Protection Act 1998 was that I believe that the Defendants have levied disproportionate penalties against me during the period of the account and I wish to reclaim these disproportionate penalties. 6 Under a request under the Data Protection Act 1998 the Defendants had 40 days in which to comply with my request. 7 I enclose a copy of my current bank statement at exhibit “[jnitials &no]” which shows that the £10 statutory fee which was paid to the Defendants was banked on [date]. 8 The period for disclosure of the documents that I have requested from the Defendants has expired and the documents requested have not been disclosed to me. 9 I confirm that this Application is made pursuant to CPR 31.16. 10 I can confirm that despite my chasing correspondence to the Defendants at exhibit “[initials & no]” and the requests made for disclosure of the documents that no response has been received from the Defendant. 11 The documents requested are required prior to the issue of proceedings for recovery of disproportionate charges so that I am able to fully quantify my claim. 12 I further submit that this Application is entirely proportionate in all the circumstances. 13 I also seek an order that the Defendant pay my costs in relation to this Application which have been raised due to the Defendant’s unreasonable refusal to provide these documents further to my request under the Data Protection Act 1998 and bearing in mind they have already banked the statutory fee required. 14 I seek an order of the form of the draft attached. The order that goes with it is: IN THE [TOWN] COUNTY COURT Claim No: BETWEEN:- [NAME] Claimant and [bANK] Defendant DRAFT ORDER Before District Judge ……………… sitting at [ ] County Court on day of 2006 It is hereby ordered that: 1 The Defendant do disclose to the Claimant all bank statements for account number [ac no] sort code [s/code] since [date] until the present date within 7 days of the date of this order. 2 Disclosure of any indication or notes which have either caused or resulted in the manual intervention, or other evidence of manual intervention in relation to the Claimant's banking business with the Defendant within 7 days of this order. The Defendant do pay the Claimant's costs of and incidental to this Application. Dated this day of 2006 To: The Defendant and District Judge

I can't put the three documents on the thread. do you have an e-mail address or fax that i can send them to please. i also have a template of teh letter i sent to teh court if you want this too. just to let you know that im not legally qualified but the person who drafted my documents is. can't guarantee it will work but it is working for me.

the information commissioner letter for non compliance is ok but they are notoriously slow and even once they had contacted natwest on my behalf, i still didnt receive all of my statements. the only thing that's worked is issuing an Application for Pre-Action Diclosure (N244) at court. the plus side is they will also be responsible for your costs. i have a template if you're interested. it's a £65 issue fee though. obviously this is just me sharing what i have done in order to make my bank comply. if you want to consider this course of action then i would advise you to research it fully. good luck

can i have a copy of the microfiche argument letter please. i've been searching the site and cant seem to find it. thank you.

how did you deal with this? my friend's having the same problem. im sure i've seen a post from a barclaycard staff member before but can't find it today. thanks for any help you can offer!

i would send the £10 for each of the accounts just to get the information. once you have sent it then they will have the 40 time limit. if they still do not respond, contact me again and i will provide you with an Application for Disclosure which is a legal document that will force them to comply. It costs £65 to issue at court but this is recoverable and you would be entitled to claim for the cost of your time in preparing the Application (no guarantee a judge would award you your costs but a chance that they will). A solicitor friend of mine is drafting the documents for me tomorrow as Natwest received my request 61 days ago, have banked my £10 but not sent me a thing!

i did phone them but it was impossible to get through to someone who could help me as they have never contacted me with a reference. my account with them was closed in february and so i don't have access to the general customer service department anymore. i have faxed them various times and every letter has my address on so i don't believe that they didn't know where to send the statements. Also, the faxes are sent from my work so they could call the office number to get hold of me if they really wanted to. i have also provided them with my mobile telephone number. i can't see what the problem could be.

if they've only specified serving proceedings on the head office then send all regular correspondence to the usual address and only serve court proceedings at head office. head office will not be instructed to deal with your claim until proceedings are issued normally. im glad they're responding to you - i've heard nothing, not even received statements! can i have the address for their head office where they accept service of proceedings as i will soon have to serve upon them myself. thanks and good luck!

i wrote to natwest requesting copy statements on 1 june 2006. to date, i have not received anything from them although they have happily banked my £10 cheque. i reported them to the information commissioner although it seems from threads on the site that they are a little slow at dealing with things. from the legal knowledge i have built up at work i am aware that when we require information / documents and we don't receive them we issue what is called an "Application for Pre-Action Disclosure". However i am not sure if this can be done in the civil claims that everyone is pursuing. i decided to prepare an Application and a Part 7 Claim Form for non-compliance and send them to the court asking them which is the correct course of action. the court have called me today and are putting the paperwork before a judge who will decide the correct course of action and let me know. if the Application is approved, i will post a copy of the wording on the site for everyone. the fee is £65 but this would be recoverable. Ill keep you updated!

I have applied for my statements from NatWest Bank Plc. They have banked the £10 cheque but are now 11 days over the 40 day limit and i still have no statements despite various chasing letters/faxes. i have now prepared an Application to the court for pre-action disclosure however i am unsure if this is possible or enforceable as i was under the impression that some kind of protocol had to be in place before an Application could be issued. without any statements i cannot guess how much my claim is worth. i would be grateful for any help you can offer.

barclays have come forward and offered 1/3 of the amount claimed. i am going to write and give them 14 days to pay in full or issue but wondered if anyone had a specific letter with good wording to send them? thanks!