:!: :!:

Chip and SPIN

Chip and Pin has been with us for over a year now, but, has it reduced fraud?

Apparently not, if anything the risks are greater AND more importantly with the loss of the signature as 'proof' of a forged transaction, there is a higher likelyhood of the banks dumping the losses on the cardholders.

This website gives fascinating and intelligent insight into the risks and is a must read for all.

Did you know that you can request that your Credit/Debit card be signature/pin enabled? So in situations of risk, you can opt to sign instead of entering your pin.

Remote pin terminals in restaurants are not encrypted back to the base receiver, so anyone sitting nearby with a wireless laptop can pick up the card details.:o

The Chip and Spin website has not been updated since March 06, anyone with recent updates and help, please feel free to post here.

LBA Sent Today, double checked all my figures again! and used the complex spreadsheet even though im not claiming interest it looked nicer now another 14 days

Now thats a first! The complex spreadsheet 'looks nicer'! Well done you for working it out.

Good luck:)

Well, 14 days has expired since my LBA was sent (recorded delivery). I'll check the post when I get home from work. If there's no letters from Lloyds offering me a full, unconditional refund, then I'll be following the next step and proceed to issuing a court claim.

 

I guess the next step is to download the N1 Form and fill in all my details. Scary Stuff!!

:o

 

But... With the help, guidance and support of people on here, I'm determined to get my money back!

 

Wish me luck!

It really isnt that scary, the first is always the worst. N1 hardcopy is the more satisfying and user friendly way to go about it, rather than MCOL.

Anyway you shouldn't be scared, You're Mr Incredible! Use your bank busting powers!

Don't panic HorseGirl!

The 'Service Charge' argument is a common tack. But, if it is a 'Service Charge' then it would be unreasonable under the meaning of The Sale of Goods and Services Act 1982.

This is specifically mentioned at point 6 in the template for the Particulars of Claim. "6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982"

so, as long as you used the template for your PoC, you have already covered this argument.

As your claim is under 5k, this CPR18 request is unnecessary and designed to intimidate you. Standard Cobbetts behaviour it seems.

The did this to me on a 2.5k claim and I sent back a letter declining to fill it in, there is a template for this in here

http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html

Good luck

Hi Katie, thanks for your help. Unfortunately me not having phone banking set up means they couldn't help on that number but they did put me through to a very helpful girl at Leeds Banking HQ (my branch) who promised to track down and if need be re-order my statements, and call me with an update on Monday

 

She said they may need proof of the £10 being cashed but I said they can take it out of my account again if need be and I will reclaim it later, rather than be held up trying to find a statement to prove the tenner was cashed (it was done from my mum's account as I have no cheque book!) so it looks like progress is being made! Yay!

Thats weird, I didnt have phone banking set up either? But if they put you through to someone helpful, then thats really good news.

Did they offer to send your statements for a fiver?

Hope you get them soon

Hi Jay

Whilst I agree that NW have TOTALLY breached the DPA here and that you are now in a position to sue them for non compliance etc....presumably what you really want is your darn statements!

Give this number a call, 08456052605, I and many others have had success chasing up statements with it. The staff are usually helpful, my business statements took 5 months to arrive, till i chased them up.

Hope it works, good luck

Yep thats brief!

Could you type up your Particulars of Claim (from your moneyclaim) please.

Glad to see 'that' old thread is still useful! Feels like ages ago now.

I got a bit bogged down in the middle and waited a while to file so I reckon you are a bit closer than you think.

After submission of defence by Natwest you should receive an AQ (depending on court's workload), in most of the larger claims, offers start after AQ filing stage. Yours is a big claim though, so maybe it could be a bit longer? Make sure you familiarise yourself with CPR18 which will apply to you because your claim is over 5k.

I agree and understand the anger that you felt when looking through your statements, I recovered over 4k in total from NW, all taken from a time in my life whilst i was a single mum running her own business, i find it amazing that i came through, certainly no thanks to NW, thats for sure.

Jezzy

My thoughts are with you on this one. Unfortunately I can confirm that Natwest do monitor turnover as a way of deciding overdraft levels. They did exactly the same to me about two years ago; which really restricted my ability to trade. It was very satisfying therefore to reclaim all the charges that had accrued on my business account:)

It sounds like you will have to plan your business regrowth in a slower more steady manner, because there will be little you can do to change their lending decisions and as you already know, you acquired that size overdraft through 10+ years banking, it would be impossible to change lenders and get the same facility.

Have you had lots of charges on your accounts? You may be able to chip away at that overdraft to help reduce the outstanding balance a bit.

Loads of luck

Hi Paganangel

If you wish to alter your claim at this stage you must submit an N244 form and pay a £35 (non refundable) fee.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

As your claim is for 8k you will probably be allocated to Fast Track, but in your allocation questionnaire ask for small claims track. Read up here....

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

It is normal for all claims that start on MCOL to be transferred to your local court.

Good Luck:)

Hello Samphire

Welcome to the CAG forum:)

Firstly you need to read the FAQs, I'm making the assumption that in amongst all those credit cards and catalogues, you will also have bank charges to reclaim.

For credit cards and bank accounts, follow the FAQs and reclaim all charges.

For Debt Collection Agencies, Yes, you can send them a CCA letter asking for a copy of the original signed agreement, if they do not provide this then they will find it very tricky to pursue the debt. However, you do need to do lots of reading up in the Debt Forum to fully understand all the different angles. The fact that you have been making payments does not prevent you from doing this.

Send a DPA request off to all your original creditors, including catalogues, so that you have a full picture of how the debts have accumulated.

We are no longer advising to claim back just 6 years, if you have or can get the information needed to claim back further, go for it!

Start threads in all the different forums for each organization you will be dealing with and you will get specific help with each issue you face.

Loads of luck:)

Ive placed this for the mods attention, one of them will change it shortly.

What do you want to be called btw?

Hi RP

Dont panic too much! As Michael and niklowe say, some courts are a bit nit-picky about the POC.

Can you post up your exact details of your POC please?

I'll have this thread moved to the LLoyds forum so you can get more help.

Hi BankRipOff

Welcome to the CAG forum.

Penalty overdraft interest........., you can either fill in the spreadsheet to calculate what proportion of your o/d interest was caused by charges and is reclaimable, OR...you can try to claim contractual interest against all the charges. The latter is unproven in court as yet, but some people have had some success, adding on over 20% interest to their charges, however, if you do go for this, you have to request it from first letter and you cannot claim 8% statutory interest at court stage.

I personally cant advise which is the best option but if you do lots of reading up, you should be able to form an opinion.

Your complaint to the ombudsman will not affect your claim and you should proceed as normal. If you have statements further back than 6yrs or can get them, then reclaim as far back as you can. You'll need to do some reading up on the Statute of Limitations Act 1980 to get to grips with your rights. We are basing our right to claim further back on the basis that the banks have 'concealed' the true nature of their charges.

Start a thread in the LLoyds forum next and keep us posted.

Good luck:)

Hi Overture

Welcome to the CAG forum.

So, you've sent a prelim letter and an LBA, had a bog standard response....now you have to sue them!

You can do this either using MoneyClaim Online or download an N1 form from the templates library and post your claim form.

As you still seem a little unsure as to the full process, I recommend you spend a few more days reading up to familiarise yourself with the court stage of your claim.

Start a thread in the Lloyds forum and keep us posted with your progress.

Good Luck:)

I'll be sticking around! I'm fighting several SOL cases for family and friends at the moment. I've done quite a bit of research and I'm interested to see how these claims pan out.

SOL= Statute of Limitations

just shorthand for the statute:D

Hello SJC

I'm really sorry you didnt get responses to your questions in October, presumably you did some studying and worked it out.

Whilst you await their defence, do some further reading on the next stage.

The chances are you will start getting offers soon. The Allocation Questionnaire follows receipt of the defence, I received mine some 2 weeks after I got NW's defence but, depending on the court, you could receive it sooner or later.

Here is the link for help with filling out the allocation questionnaire.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

How did you get on with your Particulars of Claim on your MCOL/N1? Did you use the template from here?

Most important of all, Dont worry, your not in over your head, keep plugging away and you'll get there.

Any questions, just post them here, I'll try and see that you get some help this time!

Good Luck

Excellent handling THFC4EVER.

100% offer of charges + 8% + Court Fees?? but with confidentiality etc etc?

Well, looks like you have this perfectly under control, you will almost certainly get a full settlement letter with no conditions response.

How much are you reclaiming? On larger amounts NW tend to settle just after AQ stage, but I suspect yours may come earlier as they have already made 2 offers.

Good Luck!

[url=http://www.consumeractiongroup.co.uk/forum/nationwide/54166-taylors-nationwide-3rd-time-4.html#post629559][/url]

Your on the right track with that part of the Limitation Act, quite a few people (inc myself!) have been using S.32 as an argument.

Obviously some claims pre 6yrs have been settled out of court, but this claim made it to court based on its reliance on the SOL.

http://www.consumeractiongroup.co.uk/forum/nationwide/54166-taylors-nationwide-3rd-time-4.html#post629559

As you can see it didnt go well........

All because we need some decided case law on bank charges before we can claim that these charges are fraudulent and have therefore been deliberately concealed.

But, for the time being S.32(b) is the best we have on SOL cases, maybe the judge was just in a bad mood??:-?

I have to agree with Phil, I successfully claimed on a NW business account and a personal account. I did them as two separate claims but in my situation the business account was for a Ltd Company with a totally different name to my personal account.

The letters and PofC for business accounts are slightly different from personal accounts, it could all get a bit muddled up further down the line.

If you are intending to use MCOL then you will definitely have to do them seperately because there simply wont be room on the online form to fit all the details in.

But Advoc8 is totally correct in saying that if accounts are in same names then they can be claimed together, the link he provided is very useful if you decide to do the claims together, but I can only see this being valid for sole traders with 'named' business accounts.

eek, i would need to check. it's improperly executed. it might be enforceable with the leave of the court, however. i'll do some quick investigating and report back. where was it signed (this is pretty important) Thanks sequenci:) . It was signed in 3 places on the CCA agreement. Twice at Point 5 (witnessed) Once at Point 9 (the end)

Under that signature are 2 boxes for signing and dating by Yes Car Credit, both are empty.

 

 

 

previous agreements may have had the total charge for credit listed incorrectly, thus rendering the agreement null and void. interesting... the total credit charges and Additional Optional Non Cancellable Insurances are fully listed in 2 columns, I cant tell if there are any probs with the way they have been listed?

 

 

was it a condition of sale? there is a possible argum....ent here. Unsure...but it was not used when he was signed off sick with a back injury that required hospitalisation

 

 

you may be able to get it set aside.

OK

 

 

no valid cca = reasonable dispute in my eyes.

OK

 

 

 

how so?

The finance charges of £1772 look ok if you keep the vehicle for the life of the loan, but when the vehicle is repossessed after less than a year and you only get £2305 for the sale of the vehicle, leaving you with a debt of £6500 on paper...seems a bit harsh. Its the enforced insurance premiums that seem to push the costs up, they added £3852 to the purchase cost. Surely if the vehicle is repossessed you cant be held to account for all these insurances that you clearly no longer need?

 

how much of the agreement was paid? was it repossessed with or without a court order? Only 10 months or £1486.60, the vehicle was repossessed without a court order.

calulation would be:

 

The Full HP Price

 

Less:

 

- All sums already paid

- The sums realised on sale of the goods by the creditor

- the option to purchase fee (if there is one)

- An early settlement rebate if the outstanding debt can be paid before the agreement was due to expire.

 

 

 

btw - did your cca request include a statement of account? Yes it did

Thanks for your help

Hi Everyone

UPDATE!!

Excuse all previous innacuracies! I finally got the Go Debt file off my friend Paul.

1. He had a finance loan of £10500 to purchase a £4605 car. The extra is made up of comprehensive insurance, interest (?) (some insurance!)

CAR £4605

Finance Charges £1922.04

Payment Protection Insurance Cash Premium £1733.16

Mech breakdown Insurance Cash Premium £650

Gap Insurance Cash Premium £350

Interest @ 19.9% £1119.40

2. The CCA is signed by Paul, BUT undated and unsigned by Yes Car Credit.

3. The handover documentation states that he bought the vehicle on 31/7/03.

I have learned that some contracts from 2003 are unenforceable, does anyone have any further info on that?

It looks like he paid a £1733 one off PPI payment, presumably we can go for miss selling and why wasnt he covered when he had his back problem??

Basically, they offered Paul settlement of £1500 in early January, he counter offered £1000; which they declined.

They then did a credit search on him and discovered that he had bought a flat in December.

They are now demanding £4000 final settlement as "he is now a homeowner"

They are on the verge of serving him with a statuatory demand.

he is currently in weekly written communication with them, so surely the debt is in dispute?

the bigger question is how to tackle the original problem of Yes Car Credit. This finance agreement 'seems' extortionate.

I have learned that when a vehicle is repossessed as his was, it is termed an 'abandoned' vehicle and the entire loan and insurance is repayable. Does anyone have any suggestions as to how to calculate what a fair repayment would be?

Thanks everyone

Hi All,

 

Two questions if anyone can help.

 

1. I have sent letter claiming for around £6K + 9% interest as I was constantly overdrawn and the lowest rate they charged me was 9% so I thought this was quite fair of me to claim this amount. Do you think this is ok?

Yes, but be aware that you are claiming contractual interest and will not be able to add on 8% at court stage. Do some reading up on contractual interest as you will have to explain your claim for interest in your Particulars of Claim, when you get to court stage. Most people trying to recoup contractual interest claim at a higher rate than 9% (eg 24%), it is untested territory but some people have managed to recover this interest.

 

2. It has been 16 days with no response and I called them and they said that it was not on the system yet as they were getting around two thousand claims per day. Should I bare with them or press on with court?

You now need to send the LBA letter, use the template in the library. Give them a further 14 days after sending that, then file a claim if you dont get a positive response. Stick to your deadlines.

Good Luck:)