It's not just the bank charges though is it? We learn about so much from people all over the country with so many collective ideas across a whole range of topics. I belong to the Federation of Small Business. They have a mere 145000 members, thats all - you should take a look at their forum - theres hardly anything on it. You guys have opened up a whole new world, but it is typically British to join in the fun and then run when the hat comes around - just go to Covent Garden and watch the buskers. Crowds gather but run when the hat comes around. I would suggest an 'entry fee' - £5 then they can donate if they like but use the site as much as they like without feeling guilt or pressure to give. It's not much for any hard pressed person but x 20000? Thats enough to keep you going. 5% is (isn't) - it's relative - a lot of money. When you're asked to pay out £250 it's different. You have your 3 or 4 or 5k but you've spent it before you have even taken the first step - so being realistic, combine the first part above with the second and you are going to be dissappointed - sorry lads but that's what will actually happen. I've bought the lawpack and the book and made a donation and haven't got any claims paid out yet, but what you have empowered me with is the WILL to do it - it's better value than a lot of things I do in my life. I have learned so much and I have a lot of business experience good and bad, success and lots of it, then liquidators, bailiffs, debt the lot but I've also earned a six figure salary for a few years running so I know a good deal when I see it.

This is going to keep a lot of people alive with new hope and you deserve more credit - (credit ? whats that?!) than some who just take from this site and run -I don't want to make people feel obliged - you didn't set this up for that and those who came early to the site know that, but for all those who benefit just let them feel a tiny bit GUILTY if they run. You guys would help anyone without looking for reward, I have read some moderators replies thinking they were ahead of most of us and more confident and less troubled - I've learned that that is so untrue and I've been shocked to see what some of them have been going through. You deserve respect and £5 a time is no price for entering into this world of hope. Thank you

Can someone tell me if there is any limitations in time for a legal aid debt? A friend of mine had legal aid about ten years ago and the costs were something in the region of £30k. Her husbands business went bust( it was a partnership not a Ltd Co.) and their business property was seized, negative equity loads of loans on second charge, wife didn't know much about the technicalities and just signed the papers when hubby asked her to, you know the score! Marriage broke up - not divorced, family house was sold and she got a chunk which she put into trust via solicitors so nobody can touch it but there is this lingering worry about the Legal Aid bill of £30k. Hubby went bankrupt she didn't and now she's frightened to do anything for fear someone, both the second charge holders on her old property and Legal Aid will come after anything she ever owns again. Poor darling is petrified to do anything. Anyway, are legal Aid debts statue barred and if so after how long?

Was it a default notice or a ' threat' of one?

I doubt if you'll get anything from Cabot from a litigation point of veiw, it's not the way they work. They seem to work on the principle of volume and chasing all those people who are scared of Debt collection agencies and their intimidating ways to make arrangements and get money out of them. It's a numbers game for them. As mentioned in my earlier threads, Cabot buy these debts from the card holders for about 10-12% of their face value. They make far more money out of people who pay the whole debts or come to a settlement figure. My attitude to Cabot is if you can afford to do a deal on your debt ie: if you have some money which would pay the debt off once and for all then use the 12% of your total debt figure add some on for them to make a ' reasonable ' profit and offer a full and final settlement. Do not allow them to add charges to the original debt and claim back any charges from Barclaycard that have previously been added ( even if you have settled the account with Cabot). Cabot need to have the default notice from Barclaycard before they can sue you and I have been told by someone in the industry at a senior level that Cabot rarely sue anyone so use the % game yourself. Chances are they would not sue 80/20 in your favour, I'd almost go so far as 90/10 in your favour so don't fret. It's also unlikely they would send anyone out - they don't work that way either. They just send rather official looking letters which say ' may ' result in legal action ' may ' result in a representive calling. Don't be intimidated by them. Respect the fact that a debt is owed. You can write to them if they harrass you stating the debt is in dispute with Barclaycard, then they can't sue you. If they telephone you tell them that you will only deal by correspondence and if they phone you again then use the Wireless and Telgraphy Act ( details on this site)which thereafter prohibits them phoning. Now that's done YOU are in control of events and YOU set the pace. Just follow the Pied Piper, get all the info from the site you need and follow the path to getting them off your back and all your charges back. Olay! Free again! Good luck

Have you had any response from Cabot yet?

Try a couple of things. First sign up as a meneber of the Federation of Small Business http://www.fsb.co.uk it will cost you about £75 a year and you get all sorts of legal assistance and cover for Inalnd Revenue and VAT investigations included. Also as a member you get 18 months free banking with the Co-op bank http://www.co-operativebank.co.uk. Transactions cost you zilch you only pay for OD and the usual unlawful penalties ( which with this sites help you can get back!!) They are not a bad bank and you might find as a FSB member it will help. It's- (the FSB) worth every penny in support believe me. 24 hr legal assistance for you and your family.

This has come up on another thread somewhere but on Credit Card charges the charges are added to the outstanding totals I believe. Someone has said cards do not charge interest on charges - I'm not sure. But their interest rates are charged the next month on the balances surely at interest rates circa 20%. Can anyone tll me if when calculating these charges the interest should be added not at 8% ( when claiming via a court) but at the 20% ish they have charged on the monthly balances. I am a bit confused on this one.

Why do you have to write everything in red? Join the other 19000 of us and keep it black.....PLEASE........

It's the letters not the brochures that are photocopied. Don't kid yourself you are anything special to shabby ( sorry - can feel your heart sink ) they are just churning out photocopied letters, mine had a dark strip all down one side, its disgraceful, but it's better than one we got recently with more spelling mistakes than a five year old would achieve.

joking aside, Alanfrom Derby stated in his post that he had tried to get them to respond without standard letters and brochures, so did I and I wrote them a letter which deserved a personal response. No chance - onto the photocopier and off for tea. I've been with Abbey for 20 odd years and it's no way to respond to customers. They have gone to bits since the Spanish lot took over.

Yes it sounds like you can go for it without any problems. Just follow the FAQ's with your letters and they should supply the information. If they have passed it to a collection agency find out if the collection agency bought the debt from the bank first. It makes a difference. They ( the DCA) should have written and informed you it has been purchased by them. If not then you should get a statement from them of the account and charges added since they took over the debt, write to them and tell them the account is in dispute and they can not take any legal action. You can get the information from the bank even if the account is closed and Bobs your uncle you can start getting these unlawful charges back.

(Sorry Alan, we seemed to have been answering at the same time, yours popped up whilst I was typing!)

Thanks Neil, Yes I have been studying the site for months now and have already gone down the route of getting all the statements and working out all the charges. I think I'm fairly well set up for this but angry with myself more than anything for getting caught short for these two current charges. I can however, turn the negative into a positive and try to extract some precise wording from my telephone conversation on Tuesday. I work in recruitment and interveiwing is part of my job so if I can help others by getting on tape a few questions answered it might help! Just getting the terminoligy right is the first step and I've got the weekend to structure questions. There are some classic pieces on this site I wish I could roll out the way the posters have worded them but trying to find them all now is going to take a bit of time. I have a few though.

Is the business still active or has the company closed? Was it a Limited Company or not?

I think if it was liquidated you are not going to get charges back because the company doesn't exist any more. I was trying for a mate of mine who had a Bank of Ireland account and the charges ruined him but as the company was effectively dissolved, it wasn't liquidated but he just ceased trading through it and got de-listed at Companies house therefore he couldn't claim. Unless someone can tell me differently.

Carried out the prescribed instructions with DPA, sent in letter requesting repayment -got reply from Marc Winder will come back in 4 weeks. Letter going back requesting response in 14 days.

I have a cheque banked which clears 31st but a Direct Debit and a small cheque actually made payable to Abbey! presented which would take me over the limit. Abbey cleared both but charged me total £50 fee for clearing a cheque whilst insufficient funds and for clearing the DD.

Having phoned and spoken to people in India I asked them to refund the charges only to be given the T & Conditions argument. I have told them the story about it being unlawful and the woman insisted they are to stand so I have organised a phone back with a manager on Tuesday. Managers had all gone home (? what?)and it's a bank holiday on Monday so Tuesday I'll be recording their answer. Anyone got any questions they'd like me to ask? I asked her if she knew that charges were unlawful but she wouldn't give a yes or no answer, with a little bit of preparation I can get some answers on tape if we need to. I am ready for this one!

Thanks Seylectric - my hero!

I had a credit card where the interest was charged at 1.873 per month. 22.476% pa. starting in year 2000. The money used is effectively the overdraft ie 500 limit 450 used. Late payment fees £18. Returned payment ( cheq) £25 - Total charges £295up to 2003. Can I work out the interest on 1.873% and include that in my claim or do I have to leave it to the charges only and hope to get the 8%? innit!

I'll join you, Marc Winder's been a busy boy at the photocopier - mine sounds as dreadfull as yours, maybe they are making more copies out of the ink cartidges. 14 days not 4 weeks. Keep you posted

You sound like one of these banks... I set up the original thread and you haven't asked me!!! - obviously didn't get your letter!

Quote: Zena "Thanks for the observations, and comments, but I will fight the good fight until I can no more."

You are right of course, all these things you say, but don't lose sight of the important things in life. Time will be gone before you know it and so will your loved ones. Then you'll think to yourself... that bloke was right!

Sorry back to the point...

Oh Anna Marie I wondered where you went! Cabot - Dear Cabot. One of my earliest posts said we ought to have a Cabot thread and here we are - well done!

I wrote to them on 10th April DPA request with my £10 cheque, clearly stating on both cheque and letter it was DPA request. The cheque was banked 13th through my account. I sent them a LBA on 22nd May and on 23rd received this:

" We do not appear to have received a written request for a Subject Access on this account and we were therefore unaware of your requirement. Our records show that a cheque for £10 was applied to your account on 10th April which we assumed was a payment due to lack of covering letter. We are currently processing your Subject Access Request and this will be sent as soon as possible. We thank you for your understanding in this matter.

BULL SUGAR!!!!

Do they think I sent the cheque on it's own? I haven't shown any understanding either and won't - they gave me none when they first got the debt so none coming back! - letter gone " clock still ticking ". I'm gonna love having these b....gers.

Actually, knowing them I reckon they just don't know how to handle this. They are well known for their Administrative weaknesses other than sending out standard letters 1 2 3 etc. so I think both you and I are going to be joined by many others with similar stories. I've heard nothing yet so I will come back with interest ( so to speak) to see wwhat responses you have had too.

Mr Johnson, this makes for terrible reading and most people will just not understand what you might be going through and have gone through when you have been wronged, lost everything and feel the world and his dog is against you. I had a business once, quite a big business that went belly up after ten years of building it because of a stupid and unnecessary eighteen month tax investigation ( I had nothing to hide- I was just one of the unlucky ones they picked on! ). It took all my time and energy working until 2 in the morning and back at 9 the next day, I couldn't concentrate on the business and I crashed. The fall out of that is that you feel there is nothing left, you have lost everything 'you have no future' bankruptcy the shame of it, failure god, don't you feel you have failed? Depression, in fighting at home, blame, fighting everyone government departments, solicitors giving duff advice, liquidators hounding you for every bean they can, you are out there to get justice - I've been there too, got the T shirt and nearly finished the book. Someone said to me at the height of it all " you will get through this, you just can't see it yet " of course I didn't believe it but you do. Fortunately I didn't go bankrupt but on paper I was and if I had taken the 'advice' I was being given would no doubt have done, but I was a fighter and pulled through. It nearly cost me my home, my marriage and my sanity and I had 2yrs of depression over it.

My advice to you now I am through it all, if I can offer any is to say try not waste time on things which really won't change anything. Institutions, professional lackys, and all those faceless authorities couldn't give a damn - you are merely a number and you will be wasting valuable and precious time with your family - they have no doubt supported you through thick and thin and listened to the stories over and over again. To say "forget it" is all too easy for me to say but try and see the valueable things around you and enjoy them again. You will be surprised at what the meaning of valueable time is. You haven't failed at anything - you have got where you were when others settled for less. Be thankful for the experience of being there, forget these personal fights look at your partner and kids see what you saw from the beginning and move forward. It's beautiful out there - take a look.

You will be stronger for it.

From someone who knows.

I'd also watch out for defaults on an account like this at the credit reference agencies.

At the year end each employer has to submit its annual return P35 which has details of all employees employed throughout the year. The Tax office WILL have details of this but they probably won't be up to scratch yet because the deadline was May 19th for employers to get them in. I'd ask the tax office if the company has submitted them. On top of your p45 will be their employers reference number, the Tax office should easily be able to trace the information. I'd also tell them that the employer is witholding the P60 due to a dispute you had with them and as previously stated above, your employer will not like the Inland Revenue breathing all over them. They will soon do what they have to. the Revenue get a copy of the P60 which to them is a P14.

I've just sent off the LBA to Cabot because they have failed to respond to my DPA request - that should eb interesting!

Why don't you phone Experian and Equifax - they'll tell you exactly what goes onto a credit report.

Redundancy Payments service is the outfit I was referring to. They are part of DTI.