hello i found printing the faqs and having them to hand to read was best for me, it helped when i go stuck as most of the answers i needed were in there

case closed. Will continue with this in the next few months due to work pressures

case is closed

Been readin you thread will interest, hoping to take on swift in the enxt few weeks for charges and erc. Hope the bubbly went down well, congrats on the small victory, heres to the war!

Hi all I have just had a re possession hearing with the above. The original date for this was Dec. I had asked capstone to justify the £650 charges they had added over the previous months. They told me if i didnt like them to find another mortgage providder! Anyway i bought the charges up in court in Dec and ecplained to the Judge that i had asked them for justification based on the OFT report. The Judge was very interest. and adjourned the case till today. In the meantime Capstone solicitors sent me a letter explaining the charges and how much for each charge (erm i already knew this) and nothign in way of the process they had used to get the figures. Went back to court today and their solicitor asked had i recieved the info i requersted and could she simply just get on woith the job in hand this time. Yes i replied that what we are here for. I told her i had received a letter stating today was an eviction day. She said to ignore it as its just a computerised letter. I asked how this happened and she told me that all lettters from C/S are computerised and mistakes can happen. In we went and she went on her speil about wanting a suspended order. The it was mt turn....i disagreed with the arrears balance as this did not include the last 2 payments of £500 as they had been applied to the wrong account...but fortunately i had the acknowledgement slips from them as proof thye had had the payment. Solicitor was beetroot. The suspended order was given which im pleased at as C/S had already tried to increase the payment per month by £100. The solicitor then said she was finished, i said i wasnt, and asked the judge if i could speak. I brought up the charges as discussed at prevu#ious case and he looked through the case file and found them. I explained i had not had justification of the charges and he asked the solicitor about this. Fortunately i had the response in copy for both parties. the judge was mortified at the costs, even more so when i told him what the solicitor had said outside the court room! I had all charges removed form the account, and the Judge has placed in writing if, due to my action, i am disadvantaged in any way i can go back to court for further trial based on harrasment!!! It was only £650 but its another win, and although i dont get it back in cash its off my mortgage. So keep the faith and go get them.

They sure are awful ppl to deal with, i am mid arbitration with them re indemnity fees and acceptance fees even though we were already customers. I also have the agreement from the area manager that these fees are not acceptable in this case!! Once i have the full story i will update in my own thread

You can continue adding the charges onto your claim until you file in court so dont forget to add it on!! Sue

Quick update on Gmac Had sod off letter and we went off to file in court. They have decided to defend the case and we have had AQ. This was completed with help from the forum (thnk you!) and have recieved theirs (day late but hey ho!) I want small claims they want multi track! We now have allocation hearing date st for March...and just in case we have ppl from GMAC on here watching(as if eh)..bring it on i have a great CPR book which states all the 5 sections the judge must take into consideration before deciding on the track. I look forward to the allocation hearing date!

Hi Vicki. You set the timescales, if the bank has not responded to you within the 14 days you have given them then proeed to the next stage! No you do not have to name a court in your letter, all you have to do is send the letter before action stating you have asked them to respond and refund the money and that they have failed to do so (see library for template) Re flaggin your account, there are much better lenders out there than these anyhow so dont be worried, you only have to look at the page where it states how much has been refunded by each bank to see Halifax has the biggest amount which speaks for itself! Take care Sue

hi melt First of all well done for getting this far. Have you followed the correct process to date e.g LBA etc? If so then go ahead and claim on moneyclaim. Dont forget if you are in reciept of any benefits then file directly at local court using N1. I have a template of this if you need it. Just PM me. The banks are not going to go to court. They would have to declare their alleged actual loss to the judge, which would never happen so they may pay out on recipet of the court papers. However some file a defence, and although they have no inclination to actual arrive at court to defend, its a stalling tactic in the hope you will "melt" and give in. Dont!! You will get your money Good luck

hi and welcome. Dont worry about the rant we all go through it first time on here lol 1. What letter did you send asking for the statements? Was it the DPA from the templates on here? If so it probably is just tactic as i have never heard any response like that before. 2. When i started i only did one claim at a time as it is easy to get caught up and forget dates etc and make silly mistakes, and is very expensive when it comes to filing in court shold it go that far if you have started them all roughly same time then the court action starts roughly same time too! 3. they have 40 days to respoond to the DPA. SOme banks dont charge and often return the payment. I notice it was only this week you sent requeast to Barclays so that gives them anouther 30 days or so. 4. Be patient. It took them 6 years to take the money, it will take about 12 weeks to get it back. No rush, no mistakes and all cash just in time for christmas!! Good luck

Hi, been reading your thread with interest. I too have been chasing GMAC and guess what, i have had exactly the same response letter as you. I too was one step ahead as they had gone over my time set and had filed N1 with local court day before they sent letter. I even put the registered address on N1 so their advice of using that address was uselss to me. Keep post updated and good luck

Hi Fox Best piece of advice is to read the FAQs and then read the posts on the forum specific to your credit card. You will find all the forums on the main page, have a good look over them and see what others have done. Once you have spent a while getting to understand the process and you still stuck or have questions post them under ther elevant forum so someone who is going against the same company can offer legitimate advice Good luck

HI and welcome. Keep to your schedule and send your LBA. Every bank answers in a similar vain, however to quote someone on here if it walks like a duck, quack likes a duck then it is a duck! Of course they say their charges are fair (its fair cos it pays nice lump sum bonuses etc) however its not lawful and thats the point. No where on the letter does it mention the charges are lawful so full steam ahead and good luck!

HI Simon and welcome Glad you have started to read through the info on site, dont forget to look over the forum related to your bank / mortgage as you will be able to see what others have done and gone through, and also who has won cases already. Post any questions you have in there and dont forget to pop into chat

Hi I found this piece of information when looking for the little piece of legislation that can wipe 75% off a debt. This makes good reading and i wanted to share it with the forum. All is not what it seems with these IVA. Can 75 per cent of your debts be written off? - special report - news - channel4.com Hope it helps in someway

Well done Chrisi! Thats great news, and another winner for the forum! Dont forget to fill in the survey...and if poss maybe a small donation? I felt nervous when issuoing my claim, however i was lucky and they didnt even defend, just paid up. Many defend then pay out before court...just make sure they have paid the correct interest!

Thankyou Martin, thats a really useful piece of info as i was sure it would cause problems.

Hi Harrygee. Check this website out, it will give you some information about the research they have asked you to join in. Competition Commission Really does make for an interesting read

Hi Sarah. First things first, have you sent off your letter asking for repayment? I know how exciting it can be going to get your money back however its really important to follow the correct procedure. If you are based in the UK, then why not pop into your local county court and use the good old fashioned N1 at the time you are going to court? Ok i know it means you have to actually take time out to go the court but if you want your money back! I did it this way, and have indeed continued to use the N1 as i like the extra space it gives for wording. You can download the form from the courts website. Chances are as its not the correct addy on the claim form it could cause problems as they will be issuing the papers to the wrong address, which will delay things. Good luck

Hi Eunice. I would say you can claim these charges back after all it doesnt cos 5.00 to make a 2 minute phone call, especially when on occasion they get no answer. Good luck

Letter arrived from GMAC today. Now they have decided the compliance manager cannot deal with my complaint??? and as i have sent further correspondance (LBA cos time was up) before they have had time to send me a sod off letter, that have now sent my case to be dealt with the legal team. Wonder what the thinking is behind this? Wonder when they are going to answer LBA? Are they going to let me apply to court and add interest? Anyone have any thoughts on this i would be grateful to hear them.

Yeah small claims it will be. Im not sure about loans secured on property but would imagine it to be. Go for it with SPML as they seem to have a history of charges from whats said on here! Good luck

Each bank i go into (whether mine oc clients) are lovely. They are after all workiers like us and have bad days, however i have rarely seen a member of staff being rude etc. Like all memebers of staff they work for a living...its the bosses that are rude arrogant etc. Cos they get more money for less hours they think theya re above reprimand. Little story friend owns med size company and went in for review. Met with new bank manager Bout 24 spotty and arrogant. Never offered coffee, no manners and went on to tell friend how to run his business more efficiently. What friend didnt tell him was he had cheque to be paid in which covered all OD, and enough for 12 months wages (due to major client paying what was owed). He then asked for free banking and was practically told to s** off. So he proceeded to tell manager what his plans were to pay cheque in (showed him). Manager fell over himself to keep account, offered free banking (as opposition is offering it presently) and even made the coffee. Money went in cleared and was then withdrawn to go to new bank. Letter sent to area manager of bank with regards to his staffs attitude and the consequences. He has since got back his fees paid over last 6 yrs of running business account and has free banking....dont you love the power of money lol. Oh and the spotty school leaver last seen signing on!!

Lba sent 25th September and still nothing from them, oh well 10 more days and its next stage here we come lol