Ta dx100uk, Yes, I know about the case, but was just trying to figure out when my Credit Rating would rise.

Main one through M&S, changed from Storecard to Creditcard automatically, have argued all points, now in hands of lowells, who I am fobbing off just now. Have looked at CRA file and Lowells own the debt, default date of 02/08/2009 but last payment made 05/11/2008.

So you can argue with DCA's that it is SB'd but it will still be on CRA files till 6th anniversary?

I have some markers on my Credit file that are due to be "extinguished" within the next 6 months, just need some advice and confirmation:- 1. In Scotland the debts are Statute Barred after 5 years? 2. Is it from date of last payment or default date? 3. Will it happen automatically or do I have to write to each of the Credit Reference Agencies, or do I write to the Data Controller of the company involved? Any help would be appreciated.

The letter from the FOS to me was sent to M&S for their files, basically said FOS was sitting on the fence regarding enforceable agreement and they (M&S) should go to court for a decision, which of course they didn't. Debt drops off CRA file November this year, will just have to string them along till then.

Well a letter from Lowells dropped through my door this morning in reply to my original letter to them, apologising for the delay (12 months!) Surprisingly they attached letters from the FOS that were sent to me, I believed in confidence. Surely this is a breach of the information act by the FOS, or am I wrong?

Sent SAR to Clarity, was sent Recorded Delivery, they do not seem to be accepting mail as Royal Mail haven't delivered yet, some 13 days later.

LBA now issued on Barclays.

Cheers slick, will do Prescription and Limitation Act in Scotland.

They seem to be ignoring my LBA, which is typical of them, they correspond for so long, then they pull the plug and go in the huff.

I went through Scottish Courts and Capone defended, using one of the most expensive solicitors in the land, at the initial hearing i basically said nothing, their solicitor rambled on about their defence. They tried to get it dismissed but the sheriff was not having it, he told them to lodge defence in writing within 14 days and scheduled a second hearing. After the first hearing I was contacted by their solicitors with various offers and legal arguments. all of which I declined, they finally came good a week before the second hearing, giving me all I had asked for. It will make you ill, you will worry, you cannot sleep thinking about your case, it is pure psychological warfare, but hold out, you will win.

Go for the throat trancyb, my court papers are in the process of being prepared.

Had a similar reply from Barclaycard, have now issued LBA, quoting the folowing_ In relation to Egg's claim that we have approved a charge of £16, that is not exactly the case. What we have said in our statement of principles at para 1.6 is: On the analysis we have undertaken we have concluded that generally credit card default fees have been set at a significantly higher level than is fair for the purposes of the UTCCRs. The level of a fair fee will, however, be dependant on the precise business circumstances. Some exceptional factors, for example whether a card issuer requires (not merely allows) customers to give it direct debit authority to ensure a minimum payment is made, may lead to a lower level of instances of default. A card issuer operating a policy of this kind may be able to justify a higher level of default fee than one that does not because its relevant business costs are being recovered from a proportionately smaller number of defaults. However, even in the circumstances of this kind the card issuer may only recover the relevant limited administrative costs arising out of those defaults. In other words there may be circumstances in which a charge in excess of £12 will be considered fair by a court if it can be shown to have been calculated in line with our principles and a true pre-estimate of the costs they have entailed in recovering losses. This came from a previous thread in the EGG forum, they have 14 days to respond.

Clarity seem to be the collection agent now, being plagued by calls from them.

Had Barclays saying Egg charges were OK also, but found this from an old thread:- In relation to Egg's claim that we have approved a charge of £16, that is not exactly the case. What we have said in our statement of principles at para 1.6 is: On the analysis we have undertaken we have concluded that generally credit card default fees have been set at a significantly higher level than is fair for the purposes of the UTCCRs. The level of a fair fee will, however, be dependant on the precise business circumstances. Some exceptional factors, for example whether a card issuer requires (not merely allows) customers to give it direct debit authority to ensure a minimum payment is made, may lead to a lower level of instances of default. A card issuer operating a policy of this kind may be able to justify a higher level of default fee than one that does not because its relevant business costs are being recovered from a proportionately smaller number of defaults. However, even in the circumstances of this kind the card issuer may only recover the relevant limited administrative costs arising out of those defaults. In other words there may be circumstances in which a charge in excess of £12 will be considered fair by a court if it can be shown to have been calculated in line with our principles and a true pre-estimate of the costs they have entailed in recovering losses.

Thanks MD, just trying to claim some money back for The Pars, £3k seems such a low amount these days. Big thanks to Heart's Kick Back Forum and all the best for the final, we are just praying and looking for the white smoke over EEP.

In light of the announcement regarding the increase in Small Claims in England, are we likely to see an increase in Scotland or are we going to be disadvantaged and have to go through macol for our "pound of flesh"?

Go to Court with them, in my case I was going through a Scottish Court, preliminary hearing my knees were knocking, but I never really had to say very much. The Capital One solicitor, from one of Scotland's most expensive companies, made her representations and the Sheriff told her to submit defence in writing and a further proof hearing set for 6 weeks further on. I was then involved in jousting via e-mail with the solicitor and they settled out of Court the week before the hearing, giving me just about everything I asked for. Don't give up, keep your nerve and they will cave in.

Well done, gives us all hope.

I have asked Marlin for similar information and am still waiting, my case is in the Egg forum. Coincidentally, I have a Barclaycard just now which was converted from a Goldfish card and on asking Barclays about it, they openly admit that they do not have the agreement and would be unable to proceed through the legal system for repayment.

I know that when the account was terminated that I was due them approx. £1800 and just prior to that date I asked for a refund of charges of approx £800, this did not include interest in restitution, EGG refused to pay. Like you I have other dealings with Barclays e.g. Credit Card, and I can bet my bottom dollar they will stack the debt onto that card. Also I have an entry against my Credit Reference File for this debt, if it is made up purely of default charges that can be removed. I could also wait till later till debt is statute barred, but would Barclays still offset the debt? What do you think? I would not bet against it.

Greed never stopped them.

Still waiting on a response from Marlin/Barclaycard, but in the meantime setting out spreadsheet for charges. To whom do I send the claim? Debt assigned to Marlin. Egg now owned by Barclaycard. Do Egg still exist?

Oh well that was a waste of time, since I first raised complaint over 9 months ago Ombudsman will not get involved unless "Deadlock" is reached. I wonder where these government departments earn their money, as there all pretty useless.

Yeah agree SFU, will just sit back and wait, with some dry powder to hit them with in my locker if needed.