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mebuck

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  1. OK thanks, - will give it a go and let you know how I get on!
  2. Hi, Thanks for your reply and sorry for the delay. Capital One, 1 default from OC is 24/01/2013. Halifax, 1 default from OC is 08/03/2013, debt sent to the DCA Cabot and a further default registered by Cabot on 08/03/2013. So the same. Both are satisfied and the account has long been closed. If I would have known at the time, I'd have tried to barter with them, requesting they remove the default if I paid it off in a lump sum or something. I guess there's not alot I can do apart from request good will and if that doesn't work offer them money? I know that sounds nieve, but I've got nothing to lose at this stage really.
  3. Hi - thanks for the reply. One of them is the original creditor, the other one is with the original creditor and a follow-on one from a collection agency which it was sold on to. So 2 debts, but 3 defaults!
  4. Hi, OK - thanks for the replies. I'll see if they'll do a gesture of good will and remove them. Just frustrating to wait 3 years! Has anybody had any luck simply offering them an "adjusted settlement fee" to remove the default? I.E. offering them money on account?
  5. Hi Everyone, I'm looking for some help/support on getting a couple of defaults challenged on my credit file. In short, 3 years ago I lost my job, got behind with a few bills and didn't realise at the time - but got stuck with a couple default notices. The debts have long been paid off in full and now 3 years on my income is good, my job is stable and I want to move up the property ladder. However, my credit report is stopping me from getting a mortgage, which is obviously frustrating. I wrote to Capital One essentially telling them I was surprised at discovering the default on my file and asking them to furnish me with all the details... a true and signed copy etc. under s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). However, to my surprise, they wrote back saying they were under no obligation to provide me with anything because the above act only covers open/current debt or accounts and as everything had been settled in my case and there was a nil balance, I wasn't entitled to any information. My thoughts are that I should now call their bluff and insist they provide me with the information I'm entitled too (presumably now under The Data Protection act)? Essentially, I want to challenge them on their paperwork as I don't think this default notice was ever sent to me and therefore the entry on my credit record is unsubstantiated. Does anyone have any experience of any companies refusing to provide information on the default because the debt has been paid off? Sorry if this is posted in the wrong section (not sure?) Any help much appreciated.
  6. OK, thanks for your response. Is anyone following the GLC? Could this be months or years?
  7. Hi, thanks for the speedy response. So basically don't bother with the ombudsman and proceed to request the transactions in the usual manner then: -send prelim letter -send lba -take them to small claims Also, is there any new template letters which have been updated since the supreme court judgement?
  8. Hi, What a wonderful new year present from Manchester City Council. Let me set the scene: My wfie and myself bought a house a few years ago and now live together in the borough of Wigan. We pay our mortgage, council tax extra - on the nail. This new year, we receive a random letter from Manchester City Council. It's referencing a property which my wife used to live at in Manchester (in 2005). It's asking for £522.44 in apparent unpaid council tax for 01.04.2005 to 26.08.2005 and court costs! This is the first we have known about this! All I can guess is they've finally got round to tracking an unpaid debt down.... My wife recalls living in the house for approximately a year, but claims everything was always paid up. Further to this, the house was rented by 3 people, one of which moved to Peru a few years ago and the other one is not-contactable. Myself and wife feel it's grosely unfair for the council to suddenly land this on our door whether it's a legitimate claim or not. Apparently there was a summons issued 25.05.2005...it's a standard letter and doesn't make sense. What should I do? Write back and say we know nothing about this and ask for evidence to show it hasn't been previously paid? Can anyone suggest a template letter? I can't stress enough that this letter has come totally out of the blue, my wife has no idea that there was any outstanding amount and nothing has ever been shown as outstanding on previous credit reports with experian etc. Any suggestions much appreciated.
  9. Hi, Back in 2006 I successfully reclaimed a few thousand pounds in bank charges over several accounts from my student days. Although I probably haven't racked up anything like this since, I think I'd like to try and reclaim the odd few hundred which may have been taken between 2006 and now. I understand that at the backend of 2009 the banks won a supreme court case... Having a look at this page - http://www.moneysavingexpert.com/reclaim/bank-charges , it would appear that it's still possible to reclaim bank charges through the usual letter / court route, however the argument for refund is more complex. It would also appear that it's more likely to get your money back if you apply through the FO, but these decisions are only made for people who are in or have received extreme hardship due to the charges. I don't think I have, I'm still afloat, have a job etc - I'd just really like the money back! What's this forum's general feeling? Do you think I have a chance of claiming a few hundred back from the last 4 years? I know I'll have to take them to court to get this back... would you guys recommend it or do you think I'll fall flat on my face? Has anyone received money back without using the Ombudsman recently?
  10. Thanks for your help! Going through the charges now... A&L have charged me for: "Exceeding Overdraft" - £35 "Account Review Fee (returned DD)" - £25 "Exceeding Overdaft for 12 days at 5.00" - £60 Can I claim for all of these? Also, how likely would you say it is for them to roll over or are they likely to apply for a stay.
  11. Hi All, I got the Halifax to refund bank charges in full, plus interest a few years ago. I came to these forums and everyone was very helpful. Nothing interesting has happened since, untill, the A&L issued my parter and I with a default notice for being £13 overdrawn for 3 days! I later checked and they never added the default to my credit file. Sharp operators! Anyway, this has prompted me to re-address the whole issue and I've decided to make some claims again. They haven't had much from me since my last claim, but every penny is worth having. I'm going to start with the Halifax again, my personal account. 2 questions: a) is it the same procedure as always? ie. request repayment, LBA, County Court. b) are they still refunding money despite the on-going OFT case? Hopefully this thread will turn into something special!
  12. Thanks Bank Fodder, will do exactly that! I feel seriously cheesed when the banks screw people over. Being a couple of days overdrawn - by £27 - is not cause for a default notice. However, it's amazing how calm I begin to feel when I come here and see thousands of other people getting the same grief and helping each other out. I'll reply to this thread in due course with an update.
  13. Hi all, I'm not new to these forums. I took the Halifax to court a few years ago and claimed back approximately 2k in bank charges from when I was a student. That's been it though, I've never had a problem with anything else untill now.... We have a joint account, which we pay our salaries in and pay the mortgage from. It's usually quite healthy. On 4th Feb, we went over our agreed overdraft because of a direct debit. Nothing unusual - I thought we'd probably get charged and we did. They wrote to us on the 4th and confirmed. On the 6th Feb, they wrote reminding us about this again - 2 days later. On the 7th Feb (yes - the next day) they sent me a default notice! WHAT!? We've been over our limit by £27 for a couple of days. I've checked online and it has all the hallmarkings of an actual default notice. EG: Account number, nature of breach, Action to rememdy breach, Further Action. etc. The nature of breach says: "Failure to pay excess overdraft when asked to do so" - the day before?! Can they do this? I'm paying it today having only actually received the letter yesterday on 11th Feb. I have an account with Experian still. Should I wait and see if anything turns up before I kick off with them?
  14. Hello, Had great success is taking the Halifax to court last year, so I dug up some old accounts and tried the same with my other old banks. The HFC Bank and I had a hire purchase agreement (through Dixons) for a laptop. I've since paid this off, but during the period they frequently charged me "admin fees" and additional interest for late payments. I've totalled all this up and sent them a Request for Repayment. They've said: "HFC Bank have carefully considered the OFT's publication but does not accept the principle that its findings apply to your type of account" - they are saying its credit cards only. and "I regret we are not prepared to make any refund of the default charges payable or provide any compensation." I'm a little concerned as this is the strongest shove off I've seen from the banks. Are they just getting in there early? Should I be deterred? Does it matter that this was a hire purchase agreement? Has anybody else had any experiences? Shall I just plough on with the LBA?
  15. Got abit of a slap wrist from bankfodder as my calculations were sloppy and my court claim didn't include an account number! If only they'd give you more room to write it. Settled with Halifax! May have been a bit short due to a discrepancy with the estimated interest, but pretty good!
  16. I rang up customer relations straight away, and the woman on the phone said that the interest they calculated (£319.16) was NOT the interest debited from my account (even though I was led to believe it was from their previous letter) but it is the interest I am entitled to, it is a high rate, and I cannot claim any more interest on top of that figure. It would appear that we are both running out of time with the courts and need to come to some kind of arrangement fast. They are only giving me a few days to respond before they inject the cash into my account! What should I do? I would really like a few different responses so I can make my mind up. Please please advise! And let me know if I'm totally misunderstood here. Best Regards,
  17. Hello. OK - A letter came today which prompted me to call the Halifax in order to find out why they are not including 8% in their settlement figure. Before I explain their latest response, I thought I'd recap exactly what's been said during our correspondance so that a) I'm not running the risk of misquoting and b) I get the best possible advice. On the 6th September 2006 I filed my court claim online and received this response from Halifax: In the Halifax's response, they told me that my claim was £85.59 higher than it should be and quoted they'd give me: £1235.50 in charges, £319.16 "in respect of approximate interest that Halifax has calculated was charged on your account as a result of charges" and £120.00 in court fees. Hang on, where is the 8%? I thought that what they'd done was calculated that they owe me more interest (319.16 when I only calculated approximately 188 with the spread sheet) and so then conveniently forgot to include the 8% on top of everything. This consequently brought the requested figure from £1760.25 to £1674.66. I considered this could be a money saving tactic. IE. Offering me more fundamentally, but taking with the other hand - leaving them better off. My response to this letter was: Here, I basically took the new figure which I believed was their Interest Debited Estimate on charges... and added 8%.. along with 8% on the penalties etc. Just like in the spreadsheet. I expected to hear back from them saying they'd give me the extra 8%, bumping the claim up to £1914.22, but this was their response:
  18. Hi, I haven't heard back from the Halifax since my reply requesting they add 8% court interest. So I decided to ring them! Apparently a letter was sent out to me today (a woman read it out to me over the phone) saying that I am entitled to x y z, but again not even mentioning the 8% interest. The letter ends by saying something like "please agree to this and we'll reimburse your account.." It seems like a tactic to get away with not having to pay the 8% interest. I'll of course wait for the letter to arrive tomorrow, then I can see exactly how its worded. But if it again doesn't mention the 8% - are they trying to give me the run around?
  19. Good call! I'm pretty sure they'll fold their cards. They've stated how much they believe I've been charged, all I did was add the 8%. Watch this space!
  20. I have responded with the following letter: Dear , Thank you kindly for your letter dated 8th September 2006. Your letter indicated a more accurate calculation on both the penalties levied against me and the interest debited attributed to those charges. It would appear however, you have neglected to include the 8% interest, which I am entitled when calculating the settlement figure. I draw your attention to the particulars of my claim where it clearly states that I will be claiming interest (under Section 69 of the County Court Act 1984) on the amounts owed. Taking into account 8% interest on all the debited monies and based on the figures in your last correspondence; I can now provide a new calculation. I require the immediate refund of: Total Penalty Charges: £1,235.50 + 8% Interest: £205.80 + Estimated Interest Debited: £319.15 + 8% Interest: £23.61 + Data Protection Act Request Fee (30/06/06): £10.00 + 8% Interest: £0.16 + County Court Fee: £120.00 Full Amount = £1,914.22 Attached is a schedule of the Penalty Charges and Interest Debited you provided in your previous correspondence, including the 8% interest. I will settle for nothing less than the full amount stated above. If you choose not to refund this amount, I will contest my calculation in court. Please confirm within 7 days that you are willing to settle the claim upon these terms. Yours Sincerely,
  21. They show u nothing but contempt on the phone though I think I'll write back, basically saying thanks for your accurate figures. I'm adding 8% to them - take it or leave it! Interestingly, they weren't happy with my £188 interest debited estimate, and wanted to give me ALL the interest that had been debited in the past 6 years! Pretty illogical, but then when you consider that they've "forgotten" to add 8% on top of everything, this may be a short settlement tactic.
  22. OK, just to confirm.. (I'm worried I'll stuff up the claim) Because their penalties and interest estimate is higher than mine, once I reply, add ing the 8%.. the amount I want is higher than the original court claim amount. I can do that right?
  23. Let me clarify: I filed the court claim for £1,760.25 (all inclusive). Halifax have got back to me and said that they recon the base amount they owe (simply for the penalties and interest debited + costs) is £1,674.66. I think I'm entitled to reply, adding 8% ontop of the penalties and interest debited (which they've forgotten!), making the sum (including costs etc) £1,914.06. Which is higher than the court claim. Can I do this?
  24. OK... The Halifax has sent me a letter saying they'll refund all the money they owe. They've included an interest calculation that actually estimates more than I did!:o HOWEVER, they have not included any of the 8% court interest that should be added to the tab (or even mentioned it)! :o Am I within my rights to reply quoting their higher estimation and adding 8% ontop of them all? Please advise!:grin:
  25. The Halifax never replied to my Preliminary Request or my Letter Before Action. So today I submitted my claim to her majestys court service. 2 questions: 1) I am claiming penalties, interest on penalties, 8% interest on both, £120 in court fees and a £10 DPA fee. There was not enough room to give a shedual of the charges.. I presume someone will request full details if they need them:confused: 2) When is the 8% interest applied? Am I entitled to 8% on the amount I am claiming now.. eg. If the bank wants to settle early, can I refuse and make them pay the full amount (including 8%?) or am I only entitled to 8% after a judgement has been made.
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