Oh yeah.......Info Commissioner will force them to give you your statements as well.

Kashie as well as filling an N1 report them to the Information Commissioner - if they get enough complaints they'll give them a nice big fine. Also if they rule that Barclaycard have breached the Act (which they will) they can officially identify which principles of the Act they have breached. You can then show this to the court and may get some damages.

Quite right jennibee8, Penalties charges no matter how small (in virgin media's case they even penalise you for not paying by DD) are illegal not just in English Law but in Scots law too. Companies have choosen to ignore the laws for far too long in order to bolster their profits not so they can provide a better service to those who pay on time (in advance) or those you choose not to pay by DD. Rant over.

Hi hot mamma, There are loads of people on the site who are above the £5K limit. Best thing to do once you sent all your letters to the bank e.g. initial asking for money back letter, LBA etc and have had a firm refusal for the amount you want the bank to pay back is complain to the financial ombudsman (as your over £5K). They will persue your claim for you and by doing this you bypass the court system. Click on the link here Financial Ombudsman Service if you want to find out more about it.

Hi, Your not making a complaint your asking (correct that, demanding) your money back. So stick to your deadlines as stated in your letters to them. What do you mean by preliminary letter, do you mean you've got all your statements and have now sent out your first letter asking for the charges back?

kashie I take it you eventually did get your microfilm statements from Barclays and while Barclays may consider the they don't fall under The Data Protection Act 1998 everyone else, i.e. Informatiom Commissioner and the Courts, do.

Lost24 due to your circumstances you may be able to get an exemption from paying court fees. Have a look into it and if your not sure contact the court they may be able to advise you.

I don't know how you go forward on this one but if you PM a moderator they should be able to help.

Oh the link above also tells you a bit about bankruptcy, just scroll up a bit and you'll see it on the left hand side of the page.

Sorry I gave you a bum link earlier, I meant to give you this one Debt Factsheets - Charging orders in the county court You need to really speak to an Insolvency Practitioner with regards to bankruptcy (they'll usually give you the first hour free of charge) also speak to your local CAB. From my understanding of bankruptcy the problem with it is your husband is not allowed to own any assets while bankrupt. However you really need to confirm the pro's and cons with someone who is qualified to properly advise you.

Yup, from what I've read sequenci is right, the court can award interest to the creditor due to the amount owed but the highest they can set it at is 8%.

Hi Red, Unfortunately they can ask for interest as the debt is over £25K but I think the amount of interest is set by the court not the bank. I'll keep digging and see what I come up with. How are you getting on with getting legal advice on this? You may want to have a look at this website when you have a mo http://www.consumeractiongroup.co.uk/forum/showthread.php?t=83447&goto=newpost I would certainly look into contacting the press over this as the bank seem to be being fairly vindictive about this (no suprise there) Also does your husband have any other debts or is this the only one? The court has to take into account all of your personal circumstances including other creditors before granting a charging order.

I agree with zootscoot on you LBA I assume you gave them 7 days to resolve your claim. So on the 23rd file your N1 or MCOL.

After you have sent your prelim letter and LBA - if they haven't settled - I would file a claim with the financial ombudsman as you are above the £5K limit for small claims. The reason I say this is because in Scotland (where I'm from) the courts are beginning to reject numerous small claims on the same account. I don't know if this has started to happen in England/Wales yet but by going through the financial ombudsman you are bypassing the courts and so won't have to worry about paying any court costs.

Maybe just different underpants.

Made me chuckle too.

If your not comfortable charging at this rate, although personally its the rate I have claimed, you could always charge them at 19% on the basis that the charges are more or less equal to your current overdraft. Just remember if you are charging at more than 8% and it goes to court you'll have to justify it. If the judge doesn't agree with your interest rate the worst he is going to do is awared you 8%. So you may as well go for the higher rate.

Yes people have charged at this rate and won - just look in the successful case subforums on this site.

Oh yeah, with regards to charges you could just put "charge to account" in your spreadsheet as the description or write to The Royal Blank and inform them that they should have included this info as part of your SAR (all info that they supply should be easily understood). Tell them you want this info (if you feel you need it) and they have x amount of days left. For templates for this letter go to here http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?f=33 and the SAR non-compliance letters are about half way down.

You can claim in England as you now live their. You claim in your country of residence at your local court - which is English so 6 years and small claims limit of £5K apply. As to interest I would just charge it at 29.84% on the basis that they would have charged you this for taking money out of your account without their consent i.e. going over your overdraft limit. They took money out of your account illegally and without your consent so charge it at 29.84% (contactual interest). Have another look at the spreadsheets on the site - there is one where you just put in the date of the offence, the amount charged and the interest rate and it charges that interest rate up until todays date. Just in case on another occassion you find yourself with more than one account with a company, send one SAR to the Register Address of that company addressed to The Data Controller. The SAR is for all the info they hold on you not for a specific accoumt unless you have requested it to just apply to one account and not the other.

Sound advice Micky. Sara-Jane everyones circumstances are different so if its going to be a major problem waiting then get in touch with the bank and see if they would be willing to make a sensible offer, saving you all a lot of time and bother. As Micky says don't sound desperate even if you are and if they do make you an offer your willing to accept get them to confirm in writing and wait until you actually have the cheque before dropping the court case.

Hi Sara-Jane, Banks quite often enter a defence but they nearly always either offer you a full settlement just before the case is due to be heard or don't turn up so you win by default. So don't panick you will get your money - it might just take a few weeks longer.

Hi 120805 the 12 days are working days then the next 30 are calendar days. When your hubby requested his CCA he placed the account in dispute. I assume they're over 12 working days now so are being very naughty in asking for payment. When they phone tell them they are currently in breach of The Consumer Credit Act by not providing you with a properly executed copy of the credit agreement. As such you can withhold payment until they come up with one if you so choose. Also tell them you will not speak to them on the phone and any future calls will be viewed as harassment. Then put the phone down. Write to them reiterating what you have told them on the phone. They're some very good letters on harassment by DCA's on the site. Also have a read of this The Office of Fair Trading: Debt collection practices click on debt collection practices. Oh yes also put in writing I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER : 1. True copy of original credit agreement 2. Statement of account

No this not a right to cancel. A statement of right to cancel requires a lot more detail and anyway its irrelevant if they haven't sent you a properly executed copy of your CCA. They can't take legal action while the account is in dispute particularly with regards to the amount if any owed. You may want to do some light reading on this. Click on this link The Office of Fair Trading: Debt collection practices then click on debt collection practices.

Just got two letters from Cabot myself today. The first almost the same as Vampyra's with the addition of we anticipate a reply within the next 21 days, although it can take up to 8 weeks blah, blah, blah. Obviously I'll be more than patient and completely understanding as they've always been so pleasant to deal with (not). Also it appears by the signature on the letter that some of Cabots employees are still using crayon to write with. The second was a reply to my SAR telling me that of course they'll give me all the info they have on me but I should also make a similar request to the creditor. Don't think so chum in your letter about my CCA request you tell me that you purchased the account. The SAR letter was signed by the Assistant Legal Counsel - don't they have nice titles.