Hi all....hope some of you can help me urgently with this one please.

A&L have issued a court claim against me via their pet solicitors, Shoosmiths.

They have twice refused my offer of small monthly payments against a debt which l cannot pay in full and they have passed my details to a DCA (Global) while l was in the process of negotiating with them.

I did a CCA request and they sent an agreement, duly signed; however, l noticed it contained unlawful charges and sent preliminary letter requesting a refund.

Before l could send an LBA, their response was to issue a court claim via Shoosmiths, with no further correspondence.

I have written to Shoosmiths informing them of my refund request letter and advising l intend to counter-claim for the unlawful charges and that, if this goes to court, l will be requesting full disclosure on structure of their charges from the judge. I thought this would worry them, but no response as yet.

I have to submit my initial response to court this week and am NOW A BIT LOST as to what l should do next?????????????

URGENT advice greatly appreciated please.

Also - court claim is in NORTHAMPTON county court. I know they all originat there, but can l get this transferred to my local court?

Thanks for the responses all of you. The knowledge and power of this forum nevers ceases to amaze me!

Meagain, yours is the one l was particularly looking for.

Have now accessed CPR rules and can move forward. Many many thanks.........Valdez

Hi everyone. I read somewhere on here (but cannot find it now) that a letter mailed to a business is deemed served or delivered after two days?

Is there a specific law which backs this up or something in Post Office terms/regulations?

I know one should always mail recorded delivery, but on one occasion l didn't, just mailed CCA request to a DCA which has gone beyond default and offence deadlines. They are now saying they didn't receive my letter!

Urgent advice really appreciated as l'm not sure how to respond. Many thanks......Valdez

If it helps at all, l have a disputed debt with A&L.

Global Debt Management Services LTD are their in-house debt collection agency.

I have a letter dated 25 October 2006 from Global Debt Management service LTD (in big bold blue letters) and signed by 'Mrs Wesson For & on behalf of Global Debt Management Service LTD.

They are clearly trading as a limited company. Go get them. Regards.....Bob Valdez

Bump

Bump!

Would someone PLEASE offer some advice on this one? Thanks.

Sequenci......any further comments or info please?

Hi everyone.

I have a cc debt with Morg Stanley which l have been disputing as it contains unlawful charges. I sent a CCA request some time ago and have received only an (unsigned by MS) copy of my application form. No statement of account, nothing more.

They also refused full refund of charges and l let this ride for a while as it's their problem if they don't comply with the law.

However, MS have now sold my debt to Akitiv Kapital who are corresponding thru their 'collecting agent' Thames Credit Ltd, adding interest to the debt and demanding full payment.

My questions are :-

Do l write to MS telling them that the debt is unenforceable or do l write to Thames/Aktiv telling them they have bought an unenforceable debt?

If l want to do an SAR, do l send this to MS or Aktiv?

Do l need to issue a new CCA request to Aktiv/Thames or is the original request - not complied with by MS while they owned the debt - sufficient to make this uneforceable?

Any help, as always, would be greatly appreciated.....thanks....Valdez

Hi WormHas Turned

I too am having problems with Egg, so first off all you have my sympathies!

As l understand things, Egg (or any other unsecured creditor) CANNOT apply for a charging order unless you have failed to comply with payment terms of a CCJ. They must obtain a CCJ firstly and you should -with the aid of an income and expenses statement - be able to obtain an affordable monthly payment agreement from the court. As long as you then keep to the payment schedule agreed and unless yr circumstances improve dramatically, no court is going to grant them a charging order on your home!

Remember, Egg is an unsecured creditor. They don't own your life or home!

Best regards.................Valdez

Sequenci....each agreement is PRE 31.5.05. What is the significance of this date?

Thanks SarahPP and Ladybird...will have a look and doudtless be back later!

Valdez

Firstly, many thanks to everyone who has responded to my request for help. Even Meagain who was typically cryptic in his/her comment.

Ladybird....where do l find the thread ref Consumer Credit Act? I have searched and couldn't find it. Ecuse me if l am being thick!!

Regards.......Valdez

Hi everyone.....l really need some help with this please as l have searched for over two hours and can't find the thread l want.

I have sent CCA requests to several DCAs and Credit Card companies.

A couple have supplied actual detailed credit agreements, but most have sent me what appear to be photocopies of application forms which do not contain detailed information of the 'credit agreement'.

I know l read somewhere on the site that an application form is not a true copy of a credit agreement, but l can't find what l need.

Can anyone help with this? Please? I have hit a brick wall with my campaign until l can find and evaluate this information. Many thanks................Valdez

Going back to Tommy McClean, at the end of my LBA - after receiving the usual initial rejection letter - l suggested that, if he ever gave up being a banker (l think that's what l said) then he could start a second career as Scotland's goalkeeper as, even in the face of overwhelming odds, he is a good shot-stopper!

Don't know if he liked that or not, but he has agreed to refund everything l asked for without me having to start a court claim!

I think he's a realistic sort of guy and he doesn't seem to play silly games. The banking industry needs more people like him. Thanks, Tommy and l hope to see you at Hampden Park some day soon .

James Jones (if that is yr real name, and l suspect it is not), l admire your courage in contributing to this forum, however :-

* You have not, in over twenty requests by members of this forum, given any direct indication of or reference to any Statute or Act of Parliament that gives Experian or any other CRA the legal right to process our personal data or to pass it on to third parties without our (individual) consent. All you have established is that lenders may pass our data to you or other CRAs, nothing more. I think we all accept this.

But you have not answered the one vital question! The legal one.

* A point which (having read this entire thread) is also very important and has been overlooked, is that although we certainly need a (regulated) credit referencing system (and l do not accept that you or your competitors are fit to provide this service, as you are profit-based, just like the money lenders), there is ABSOLUTELY, NOWHERE any RECIPROCITY within the current system.

As it stands, any two-bit DCA, with its rent-a-thug agents can lodge a default against any of our credit records with you, as can any lender, be it a bank or a credit card company. Rightly or wrongly this can affect our individual credit ratings for 6 years.

We have no come back or right of dispute. We are often not even advised until the action is completed. We individuals cannot register a default with you, say, against a bank for unlawfully taking our money or a DCA for contravening the law. In fact we are powerless to fight back through the 'system' which you and companies like you have craftily set up and which is now 'accepted industry practice'. A growing number of us do not accept this.

You do not have the law on your side. We do. I'd cash in your shares now, we're l you as things are going to change over the next few months.

Varnster.....Cillitbanger is right. You are in the wrong place, mate.

As l understand it, this great site exists and is managed by dedicated people who want to help people - decent or otherwise (and l'm sure we're not all decent) - reclaim unlawful bank charges, not to provide free advice for 'property developers' with the odd few hundred grand to spare to devise ways in which to obtain further credit.

Get yourself a good accountant or get better at what you do, but please stop hijacking this forum as your questions are not relevant!

I get really p****d off when l see posts from (especially experienced) forum members criticising or turning their noses up at information provided by people like Good Samaritan, Whistle-Blowing-Fairy and Natwest Staff Member.

Surely, these 'foot soldiers' of the banking industry are providing all of us with an invaluable insight into what the banks and c/c companies are planning to counter our campaign. They have little to gain from the banks' greedy policies, other than staying in work.

For God's sake, they may be putting their careers on the line to contribute to this forum! We could at least be grateful.......unless some of us think they are 'double agents'....which l, personally, believe is unlikely.

I hate the banks and c/c companies as much as (and probably more than) most people on this forum, but l'd like to thank these contributors for their valuable 'inside information'. Get real some of you!

Hi all.....just want to clear up the exemption from court fees issue. I went into my local court today prior to claiming. HMCS leaflet EX160A 'Court Fees do you have to pay them ?' clearly states:-

"You may be exempt from paying a court fee, which means that you do not have to pay it by law.

You will be exempt from paying a fee if :-

1. You or your partner receive income support

2. You or your partner receive Pension Credit guarantee credit

3. You receive INCOME BASED job-seeker's allowance

4. Either

Your gross annual income is £15050 or less and you receive Working Tax

Credit wit a 'disability element' or 'sever disability element'

OR

Your gross annual income is £15050 or less and you and your partner

receive Working Tax Credit AND Child Tax Credit between you.

Your 'partner' means 'someone to whom you are married, or who you live with as if you were married to them'.

Hope this helps some of you as it helped me.

I found the court personnel to be very helpful and was surprised to find a wide range of leaflets designed to help us minions. These can only reinforce what we learn from this brilliant and empowering site!!

"Pay the $100".......salud......... Bob Valdez

Just a note for everyone's attention - if you are receiving state benefits, including Working Tax Credits and/or Child Tax Credits, l understand that you can get the court fees waived or at least reduced. I'm sure the mods will correct me if l'm wrong, but it's worth investigating with yr local court or look at the Small Claims Court procedures/regulations.

Alan.......you are priceless!

Long may you continue to disrupt the vultures' feeding frenzy! You inspire all of us to be unafraid of these large, greedy organisations who, despite their money and resources, are powerless against a determined individual who knows more than they do! With very best wishes.

Very interested to see this. I thought LTSB had found a possible valid defence and was worried.....how wrong can you be?

The guy who wrote the Daily Mail article 'Bank-Charge refunds are put on ice by the courts' (Wed 12 July) is JAMES CONEY. His e-mail is [email protected]

Sometimes in life you have to work with people/organisations you don't like to achieve your objectives.

So, my suggestion is, why don't we stop squabbling about the politics/ethics of papers like the Mail and the Sun, get them on our side and use their power to our advantage?

What individuals think about the Daily Mail is irrelevant. OK, it's very right-wing, angry, scare-mongering, women's magazinish with a shrine to Bobby Moore on the sports pages (but l can't help liking Richard Littlejohn, Des Kelly & Peanuts, their racing pages and the £1500 prize crossword on Sunday).

However, no-one can deny the Mail has massive influence in the UK. It has 'crusaded' on behalf of various causes/issues with great success.

Similarly, the Sun has huge influence over a large part of our population, albeit those who cannot understand words of more than three letters and like pictures of girls with big t**s.

If we could get the Mail and/or the Sun to take up the fight against the banks and feature it week in, week out, how long would it be before the vultures would have to take notice and act in some way (possibly the government too) ?

My suggestion is, if not taken up by the mods already, Dave or BF should make contact with James Coney at the Mail and ask him to follow up on his article. If no-one else wants to do it, l would happily pick this up and develope it. Just let me know. Don't let's waste this opportunity!!!!!

Hi all...l am involved with an LTSB claim (almost at Moneyline claim stage) but can't put details up yet for various reasons. Will post full story in due course.

Sent them my LBA on 03 July and today received reply from Mandy Horton, Assistant Manager, Colmore Row, Brum.

Most of her letter was the usual fob off stuff - charges are fair, made clear to all, can't refund, here's a leaflet now get lost...etc.

HOWEVER, the following para was a new one to me :-

"You've mentioned the new guidlines from the OFT on credit card default charges. We don't agree with the OFT's thinking on this and we're still talking it through with them.

But the important point is that the guidelines only concern 'default' charges. The fees we charge for going over an overdraft limit and for returned payments are not any kind of default penalty. They are fixed standard prices for the service we provide in these situations. So, according to our legal experts, the OFT's guidelines on credit card default charges do not in any way apply."

Could this be their new argument for a defence against our claims and the reason they are (seemingly) prepared to meet the mysterious Elliott in the Mercantile Court? Or has this been covered before ?

Has anyone else received a similar letter? All comments welcome, thanks.

Joa....have just read yr thread....you are an inspiration to all of us.

Many, many congratulations on yr triumph!

Thanks Blueskies, l will try yr suggestion next time l have something to contribute.

If you look at the list of thread titles, almost all are in bold type, but mine (and a few others) just come out as normal text. I can't edit this when writing a post. I can make the message text bold but not the title.