Left my previous employer in Dec due to abusive comments made towards me. I got my final wages but then was paid again the following month and that close to Xmas with four kids was a godsend. Fast foward to today and they have emailed with regards the overpayment. I am not in a position to pay it all back in one go, infact out of work it would need to be between £5-10 a week. Probably not what they will want to hear and may try to tighten the screw harder however if I make that proposal and they dont accept it am I right in thinking that if it went to court a judge would look favourably on me due to the fact I have made a proposal without disputing it and can show I am not living a life of luxury infact I am on a dmp?

Cheers Hedgey, will get on the case!

Ok firstly is the letters to credit cards the same as the bank? does any wording need to be changed? Also I have a card with MBNA and Alliance & Leicester who have since been taken over by MBNA so who should I send their letter too? I am on a DMP of which both of these are on and have frozen the interest so if I start a claim do I risk them going back on that? I did the same with Abbey and they have not backed out of the DMP.

Need some advice if I may. Back end of last year went through the process with Nationwide for the missus and Abbey for me and won both although Abbey done their best to drag it out, however Nationwide were pretty quick on the ball with regards sending the missus statements. I can't remember if we sent the intial letter recorded delivery or handed it in at our local branch. I started the ball rolling with the 40 day statement letter as the norm and handed it into my local branch half expecting them to be pretty quick however almost 35 days later nothing has been received so am now not sure if they will make out they didn't receive it (to try and drag it along) or are now just playing hardball. Should I start the process again but with a recorded delivery? can I see if they have cashed in the bankers draft that was via my very own Nationwide account or just sit tight till the 40 days is up and then proceed alongt eh lines of them not playing hard ball?

Went through the whole back and forth with my bank (Abbey) and when it came to the claim they didn't bother to respond so judgement was served on the 25th Jan, so how long does it take to pay out? The court reckon its just a case of waiting but this is the very bank that took 78 days to do the 40day SAR, so should I send in the baliff or do they take 3-4 weeks?

I have had judgement passed on my charges from Abbey for just under £3k, plus I asked for the default. Should that happen automatically or would I need to pursue that as well?

Well all the court papers were sent to Abbey and they failed to respond so judgement was served upon them to pay up, but not heard a bean from them when papers were served on the 25th Jan. The court seems to think it is more than likely that the paperwork is on a desk with countless others just waiting to be signed but surely there is a time limit to get the cheque sent out? How lond should I wait or should I go ahead and send in the baliffs?

Also, have checked out the downloadable pdf form and what I should put on there but it doesn't fit onto the sheet, how do I get over that?

Looking to get my N1 claim in the courts tomorrow but looked at the form on this forum and am not sure about this part. the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon; Should that figure in 3 be the amount before the 8% is added or with the 8% interest included? I suspect it is pre 8% as it mentions later about interest but just wanted to double check. Got to make sure I get this right as doing both mine and the missus.

any ideas?

As like many others ahd the microfiche arguement so with the help of 12 statements I had found from 2003 sent off letters with an estimate. I sent off the last letter on the 8th Nov for just over £4k based on the average of the statements I did have, however Abbey this morning provided me with my statements and the actual figure relates to £2.5k before any 8% charge (shoudl it get that far), so how does that effect the LBA I have just sent? Do I need to resend the previous letter with the actual correct amount, together with the list of charges, wait and then send the LBA again with the correct charges or do I wait for no reply to the LBA just sent and then adjust the figure on the claim form (mentioning this was due to Abbey finally providing me with my data)? I really dont want to shoot myself in the foot, just in case Abbey turned around and say well actually its not £4k as claimed and therefore ruin any chance of getting the money back.

Nice one, cheers dude!

Surely someone must know if anything needs to be changed as its a credit card and not a bank? please?

Ok Silly question, but where are the forms that need to be filled in and how do we find out the costs? also my wife whose claim it is, receives disability allowance and I am pending income support/carers allowance does this entitle her to non payment and would we be better off going to our local court to file the claim?

Ok, received the final letter from Nationwide stating as before, we signed the terms at the start of the agreement and that be the end of that. Am I right in thinking that this is their normal response and it is now time for me to file my claim with the courts?

Ok both letters have gone in the post recorded delivery but last night, was searching for another bit of paperwork and right at the bottom of the filing cabinet noticed a folder, wondered what was inside and low and behold there were about13 statements for abbey and numerous other card companies that I thought had been shredded some time in the past. I totted up the 13 statements and they had only charged me £1200+, I was pleased to find them and equally as embarrassed to see one month was £297, gosh my finaces were well and truly screwed up but at least now my estimated amount has a fallback as I can only judge it on what I have so far as Abbey haven't provided me with anything.

If you go into the library there is a section for non compliance which has a few diff templates for those who have had some and those who have had none. I fall into the none category, so am sending the non compliance and the estimated prelim letter. If you have some statements you can make an estimated claim on the back of them for the remainder of the 6 years.

Ok am going through Nationwide who are playing ball and Abbey who are playing hardball and I expect MBNA to be the same, so will start the ball rolling tomorrow morning. Just the one question though, with the DPA letter do I need to change any details as its a credit card and not a bank on the template letter? Also had an alliance and leicester card which has since been taken over by MBNA, do i send it to the address on the back of the giro part (Alliance and Leicester Credit Crad, Bolton, BL78 7WZ) or the MBNA address? Cheers Shay

Help guys, not usre if I have two options available to me now but dont want to mess my claim up, so here goes. No info within the 40 days even after I sent the letter stating I wanted the £10 to be used for my DPA but no response. Do I now send a estimated claim on a prelim letter or do I send a non compliance letter giving them aniother 7 days? If I send the non compliance does it then drag out meaning I then have to make that complaint as well and delay the rest or do I send both?

Ok feeback form prelim letter stating basically that I signed up to the terms and its down to me and rates and tariffs are freely availabe for all to see and also if I can't stick to it I can take my business elsewhere! Dont worry about that I intend to mate. I am guessing this is an average response letter? Ready to send the LBA!!!!!

My bank (nationwide) were kind enough to provide me with statements going back to March 2000 (difference between March and July 2000 is only £95 but worth giving it as shot. If they pay great and if they dont there's only £1667 to go for).

Thanks Michael. Just out of interest, does anyone know why you can only claim the 8% if it goes beyond the 14 days after the LBA but not before hand? or should I be claiming that on the prelim letter as well?

Nationwide kindly provided all statements etc within 14 days, but went back to March 2000 when I was only expecting it to go back 6 years since my claim equalling July 2000. Can I claim back to March 2000 or is this a ploy which in some way makes my whole claim invalid if I go to March 2000? Total is £1762.50 back to March 2000 or £1667.50 July 2000, so only a £95 loss if it can only go to July 2000 but do not want to risk losing the lot just for the sake of claiming that little bit extra. other than that prelim letter all ready to go depending on the above answer.

looking to send the prelim letter recorded delivery tommorrow but one question did pop in my head and at the risk of the claim being thrown out on a technicality will wait for the answer. Nationwide supplied copy statements going back to March 2000, can we claim those charges between March 2000 and June 2000 as they go over the 6 year period? Just wondering in case this was a way of them technically making a claim invalid.

STATE OF SHOCK big envelope received this morning which had to be signed for and low and behold it truns out to be all the info requested in a binder from nationwide for the last 6 years, no hassle at all and within 18 days of sending our request (or should I say the missus) Now, have to find time to sit through it all and add it all up, what a pain! Hell, no its a pleasure and have had a rough read through and looks promising. Have to ask a couple of questions though which may have already been asked inwhich case bear with me.... quite a few Unathorised overdraft fees some of which have been caused by other charges, can these all be claimed back as well? as well as unpaid cheque fees? and direct debits?