I jst got my SAR stuff back and have calculated what they owe me. Before I send it off I want to query 2 items When they settle the mortgage (My 24 months had passed so there is no ERC) they charged me a solicitors fee >£200 and the settlement figure was £3k more than the outstanding balance. Can they charge me their solicitors costs to end the mortgage? and is the additional £3k an ERC event though I was out of my 24month deal? They also charged 2 £50 fees (a few months apart) to get my deeds, why 2? Thanks

got a reply to the SAR. I guess they are trying to scare people off at a very early stage. Here are the good parts of the letter "We have recently received a number of letters, all worded exactly the same as that received from you, where the prime purpose behind requesting a copy of the information we hold seams to be to dispute the additional charges to an account. (thats because the charges are illegal and you have shafted the majority of your customers) If this is the purpose of the request, whilst we are happy to provide a copy of the information we hold (Well send me it then, thats what I asked for!!), the production of such data will not serve any real purpose in detailing what and why the additional charges have been incurred (Oh you think!!). We are aware of the recent instructions from the OFT in relation to additional charges incurred through late, missed or unpaid payments, however, this instruction relates only to charges against credit card agreement debts. As our agreement with you is not such an agreement, the instruction from the OFT does not apply. (I never mentioned the OFT and I think they are covered by the CCA). If you do have a query regaurding additional charges to your account, it will be easier and quicker to discuss these with us. You can do so by calling the number at the top of this letter (Yeh right, more bull no doubt), where we will be happy to discuss matters with you, or write to us setting out the rational for why you are disputing the charge. (Another letter is winging its way to you, give me my data, then you can give me my cash!!) " What a crock of cr4p!!!! They are trying to use smoke and mirrors in this letter. Does this actually work with some people?? I am tempted to wait for th 40 days to pass and then they will default on my SAR, but I am also desperate to get these gitts either to pay me back or meet them in court. Wonder what they are going to say to my request for £10k+ for my PPI refunds!!! they only got that a day or 2 ago.

before I started the claiming back my charges I sent them a nice letter asking them to remove my default and they did. 1 letter about 7 days later. Then I claimed £6k off them and now going back for part 2 of >£7

when I got my payout the actually included the additional charges that I was about to receive for the last month or so. So I didn't have to claim then later. Very nice of Mr Bacon. I have only had a letter saying they are closing my current account not my savings. As said before I plan leaving a few pence in the current account and the esavings account just so they have to process a small cheque. How petty!!

andrew1 thanks for the PM. Is your alleged Cabot account(s) still with an due balance? or are they cleared off? Mine are all cleared off and the payment MBNA made in part payment was initially sent to Cabot 'til I told MBNA that it was paid up. MBNA then recalled the payment and forwarded me a cheque, but by then my LBA timelimt was up and the N1 issued oooopppsss. compound interest + costs please. The amount they owe me just tripled. AAAWWWW poor MBNA Depending how my damages claim goes I will then be going after them for paid up accounts. If they have no proof of the debt (signed agreement) or that they owned it (deed of assignment) then they should not have received any funds from me....so give me it ALL back. But as I said that depends on the outcome of my damages case. Only got til end of next week for the acknowledgement......

pezza76 How many times did you have to check the screen to make sure it was there, I remember seeing the balance and thinking it was someone elses account. Well done and enjoy your money. What you going to do with it, finance some more claims? I immediately started my second claim against them and I have just paid the court fee with the cash they gave me back..."devine retribution"!!

hi, as it is your claim it is only settled when you say it is. You gave them a chance to pay the fees in the prelim with no interest and a timeline that offer was open. then the same with the LBA after which time if they have not paid up then they are liable for the full whack, charges, interest and fees. I would write them a "thanks for partial payment" letter, but say nothing about it being a full settlement and in that detail the additional costs to you because of their delays and inform them the case will not close until full payment. Also inform the court of the partial payment.

here is the CCA template I used, they replied saying they were investigating but that was about 6 weeks ago so I have issued court papers against them, see the link in my signature. I have marked in red the bits you have to change To: CABOT FINANCIAL (EUROPE) LIMITED, PO BOX 241, WEST MALLING, ME19 4NA Date: 28/8/2006 Dear Sir or Madam After recently obtaining a copy of our credit file from Experian & Equifax we was concerned to note that your company has placed a "Default" notice against X accounts detailed above in our names. Previous address was BLAH. Further to this we have no recollection of ever receiving such a notice, and we therefore require you to substantiate this data at your earliest convenience. 1. You must supply me with a true copy of the alleged agreement you refer to. This is our right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. we enclose a £1 cheque in payment of the statutory fee. . 2. You must supply me with a signed true and certified copy of the original default notice 3. Any deed of assignment if the debt was sold on I would request that this data is provided to myself within the next 14 days, if you are unable to provide this data then we must insist that it is removed from our files as unsubstantiated. Yours faithfully

Prelim sent - no reply lba sent no reply got the "we think our fees are transparent and are our T&Cs" sod off letter the day after I had posted my N! to the court. Should be issued on Monday. this claim is fo >£7k so not sure if they will treat it differently.Not that it bothers me as I have prepared all my documentation and I have already had a claim satisfied by them without any hassle. They do want to close my account now but I expect they will payout before the closure date. Don't want to have to get a cheque and then wait for it too clear. tick tock, tick tock. The last time they paid up 4 days after being servered

Had you done the SAR and sent the prelim? If yes, then just ignore hubby (that's what my wife does most of the time - that was until Nationwide gave us £6000+ back, now she shows a little more interest in my new hobby) That reply was the standard response. Just send off the standard LBA from the step by step guide Start up your own thread so folks can see who you are after and be more specific to that organisation in their reply. have fun.

If they have charged you, you have a case and settle for nothing less than the full amount, don't be threatened by them in any way. Post any concerns or nasty letters here and someone will help you through to the next stage. You will get YOUR money back.

e28bigalbexley I was sending them a letter asking for the payment in a cheque but also this was the first time I was going to ask for the default removal, I did not have that in my prelim. Don't want to wait for a reply from them saying "no" to the condition I set about the default removal, which is very likely what they will say and then start the 10 day LBA step. Just keeping the timelimit as short as possible. Just have to see what they do now.

oops, wrong answer in the wrong post. I will go find the links to the other letters. The letters are in the default hell thread post #28 , After the time limits are up you can use the following (but with Cabot I just went for the N1 court papers as they had ignored my SAR request and my CCA and my stop processing my data letters so thought if they aint replying to that lot why bother with another LBA). -------followup to STOP PROCESSING MY DATA------ to: their address Date: Dear Sir or Madam On the [DATE] I wrote to you requesting certain documents under the Consumer Credit Act 1974. Contained in my request was a notice pursuant to Section 10(1) and Section 12(1) of The Data Protection Act 1998 that you cease to process any of my data and remove all data in which I can be personally identified from your automated processes. Section 10(3) and Section 12(3) of The Data Protection Act 1998 require that you respond to such a notice within 21 days, either: (a)stating that you have complied or intend to comply with the data subject notice or (b)stating your reasons for regarding the data subject notice as to any extent justified and the extent, (if any), to which you have complied or intend to comply. Please note, the letter dated [DATE]containing this notice was deemed served on the [DATE], although in actual fact it was received by your office on the [DATE]. Consequently, the deadline for a response expired on [DATE]. You are now in contravention of The Data Protection Act 1998. Please respond to the notice dated [DATE] within the next 10 days. Failure to respond to this notice will result in a formal complaint being made to The Information Commissioners Office and pursuit of my rights through the courts. I trust I have made myself clear on this matter. Should you be in any doubt as to your obligations I recommend consultation with your legal counsel. Yours Faithfully

great news, its such a good feeling when you get your money back. Who's next to get it?

Sort of, but if you have a propostrion of you r overdraft that is agreed then you cannot claim for that portion, only the amount that is over the agreed limit. this is why I didn't bother. From my quick calculations it was totaling about £200 out of my £5000 claim so didn't bother. The complex spreadsheet helps a lot.

Hi Wicket, I just use the templates from the step by step guide. I just sent the standard prelim letter asking for my money back and they sent it to me!!. I only gave them 10 days not the 14 as I am tired of the waiting and it was a small amount of cash, for a large claim I would follow the tried and tested process to the letter. The next letter would have been the LBA, then the Mcol. Any interim letter is just feeding there delaying tactics. As always advised just stick to the tried and tested process using the tried and tested letters.

I know when "we" (CAT memebrs) (well me anyway) are writing letters we normally get carried away but after I have had my rant I step away from the laptop for a couple of hours and then go back and reread my letters. As said above the content is fine but largely irrelevent. Pointing holes in there initial response is 1 - giving them info on the arguements you will use in court and allows them to prep an answer 2- you don't really care what they think all you are doing is treading water until the next letter can be sent awaiting the timescales to show the court goodwill. we really just want to get them to court as they don't have a leg to stand on. My advice is to read there respons and just check you are not missing anything and then send the default proven letter.

I didn't claim for the interest as it was too timeconuming to work out, others have used the complex sheet to calculate it ok though.

Well I just finished with Blackhorse and sent them my SAR. Just have to wait on that to claim my charges. but my PPI has also just been started I have had 3 previous loans with them and with each because of our credit history they told us we had to take out PPI or we would not get the loan. Luckily whan I sent the "Stop sending my data for a contract that is no longer valid" they sent me a copy of each of these agreements highlighting the area refering to the sharing of data. While browsing the agreements I notices the amount of PPI and insurance!!!!!£k's. I thought I'll have that back please. So off went the letter yesterday. Lets see what they do.

Well I sent for the SAR, got the info ok. Then sent the prelim asking for my money back and they sent a quick reply saying sorry you are not happy, we think it is fair charges but as a guesture of goodwill here is your money. that was easy....quick... are they learning that paying at this stage is cheaper. I have missed out on the interest!!! I have conditionally accepted this for 2 reasons. 1- they have credited it to my closed account and 2 they must remove the default against me as this was a direct cause of the default in the first place. LBA was sent along with my conditional acceptance, they have 10 days.

I have sent a nice letter asking for a few £k back from Blackhorse. all loans are now cleared but they told me I had to take the PPI to get the loan. naughty naughty... I quoted the CAB super complaint reference. Gave them 10 days to respond. Watch the link in my signature for updates.

I started an MCOL on them last week and as yet have no update. They failed the CCA and SAR so I am claiming for damages caused by them sharing my data. Claiming a few K from them so lets see what happens. I would love to sit with them in a court......

Another 1 on my list. Just settled the mortgage and got a far better deal. SAR sent off last week and got a lovely form in the post for me to complete...no chance. Called them and said I had supplied the required info and will not return the form. Girl on the phone trotted off to speak to someone else and came back and said that was ok, SAR will be processed. In the past I would have just filled in the form and wasted valuable time. No more Mr niceguy

Birdyboy You make a valid point, if you claim the £300 and still have £300 there is a high probability they will close your account and you will need to have the £300 to cover that. Nothing to stop you going upto the LBA stage and then wait til you have the £300 to cover the OD before issuing the MCOL. You also have to finf the £80 court fee.

it is only a matter of time, atleast they have told the court they have paid so it is just an admin problem now, you are getting YOUR money..