Hi sodem, the dcas will not have a credit agreement as the complaint is about bank charges i.e. no credit agreement. I have already seen of 3 dcas ( even moorcroft) and I am now on the 4th dca. The banks know that there is a legal waiver that they agreed to, not to prosecute people when all their debt is made up of bank charges. Obviously Natwest have decided to ignore this legal waiver and proceed hoping that the ordinary person doesn't know about the waiver. Unfortunately I do and I have now decided to complain about the banks attitude, but who to? FSA, OFT, or the FSA. who is the best bet, who will give the bank a rap on the knuckles about their behaviour. Natwest also closed the account the day that I complained about the charges on my account and I know that,that is against the banking code. If you can advise me I would be gratefull. Eileen

Hi anyone, I wonder if anyone can help me. I am at present claiming bank charges from Natwest and they continually send my bank charges(debt) to different dca's. At present Iam on my 4th dca and I now want to take it further and complain to the appropriate authorities. Who is the best to complain to, FOS, FSA, or OFT. I am waiting for replies from the credit agencies to see if they have defaulted me on these charges, if so I will complain to the IOC.Also I have read on the forum that if you have been charged over £500 in one year you can claim hardship, is this right. Eileen

Hi Trish,I know that the dca's can be very aggresive and frightening when they phone you and that they make you feel as if you are an idiot, but I would not let them bully you into paying, especially if you are having financial problems.I certainly do not know if I am doing the proper things here, but I just refuse to let them steamroll my son into paying these charges.I personally think that the banks have got even more aggresive about the charges and I think that they are trying to get as much money as they can from us because of the credit crunch. Poor things are finding it very hard just now.I am certainly not telling you what to do but I will keep this thread updated to let you know how I am getting on.My next course of action will be complaint letters to the FOS and also the IOC complaining about the multiple dca's. How many times do they want to collect on these accounts.Hope this has been some help.Eileen

hi Andyorch,I have basically sent the above letter (recorded delivery) but as yet I haven't received any reply, so basically I am just waiting for any more escalation in action that the Natwest may do. Triton did phone my son but he basically told them to write and that he was not going to pay them a thing. The chap on the phone was not happy at all because he could not bully my son.I am presently waiting to see what either Trition or Tamarisk do now. If they send out any more demanding letters I will just complain to the FOS, IOC and anyone else that I can think of.Eileen

Hi everyone,Wonder if anyone can give me some advice. I am claiming back charges for my son. Natwest has put a default on his credit file and has now sent his accounts to Trition dca. Previously the debt went to Tamarisk dca and all of a suddent it has went to Triton. I wrote to Tamarisk and told them that under the Banking Code Section 13, paragraph 6 it states that an account that is in dispute cannot be referred to a DCA. Is this right.Also is it true that if you are claiming back your charges they cannot take any legal action for you to repay the overdraft, if the account is in dispute.I personally think that they have completely messed up here. When my son complained about his charges they just totally closed his account there and then without any warning. Took everything off the internet and then started to default him.I am presently compiling a file to send to the fos. in the hope that they can help us.I would be grateful for any input here. I don't want to mess up.Eileen

Hi Lozzy,I am at present claiming back my son's charges from Natwest and I have had a similar letter stating that they haven't received any letters or p.o. for the sar. Unfortunately for them I sent them all recorded delivery. Did you do this? I am sending them a lovely letter telling them that I have proof that I sent all of the above. I wonder if that is a tactic saying that they haven't received anything so that you will phone them, and they will get their money back from you.I personally would rewrite my lba and send it recorded delivery so that they have prove that you sent it. That way they cannot deny your claim. Keep asking questions on this site because it is a great site and someone always comes along and helps you.Eileen

Hi Everyone, Just thought that I would update this thread about my sons lecky bill. I eventually had enough of everyone messing me about and I phoned the electricity company and guess what? I got a great lady who was totally shocked at what was happening. Because of her help she got the data contoller to phone me and she apparently could not find any of my letters, but lo and behold they had cashed the p.o. for my sar and put the £10.00 as a payment onto my son's bill.Because they knew that they had messed up, they couldn't do enough for me and the outcome was that instead of my son owing nearly £300, the electricity company actually owed him £25.00So it pays to perservere and hang on in there. If it hadn't been for the help on this forum I would never have got this far. So thank you everyone who helped.Eileen

Hi anyone,Does anyone know if there is a statutory amount that the dca's can charge for chasing a debt, and if they send back the account to scottish gas does the amount go down to the original figure.Thanks Eileen

Hi,What a great thread. I am at present dealing with scottish power about non-compliance of a sar. I didn't realise that you can take them to court for non-compliance, so I will now do this.Until today I thought that these particular penguins could fly. My defense is that I only saw some of the video. I really must get out more.But thanks for giving me a good laugh.Eileen

Hi everybody,Sorry its taken so long for me to reply but I have sent a sar request to Scottish Power and guess what they done, they only sold on the debt to Buchan Clark and Wells. I wrote a lovely letter to them and at present they have sent the account back to scottish power. Scottish power have not replied to my sar request so I am at present writing letters to the ICO, OFT, and also energy watch.Can anyone think of anyone else that I can complain to.BCW also increased the amount that my son has to pay them.Do these companies have a legal amount that they can charge. The bill went up by £85.00Thanks for any replies.Eileen

Hi Saintly, I looked in the banking code and it is under section 7.5 which says that the bank should give you at least 30 days notice of account closure. Unless you are aggresive or abusive which I was not. I have a witness who was with me at the time. At no time was I ever warned of my attitude. He obviously did not like my questions. Eileen

Hi saintly, I thought that, but is there anything in law that I can quote when I complain to the FOS Thanks Eileen.

I wonder if any one can answer this question. I have received charges on my account and because of this I went into the branch and asked why. Apparently my switch payments did not come out on the day that I made them and I then used my atm card to withdraw money a couple of days later. Apparently I used money that I did not have in my account and so therefore I received charges. The people in the bank explained to me what they're proceedure was and because the charges where over £50.00 they would have to phone head office. Because it was near closing time I was informed that they would phone me the day after before 5pm. Guess what, they never phoned. Another trip to the bank and I spoke to someone else, who then put me onto someone at head office, and because of this phone call the other person closed my account, just like that. Can they do this just because I was complaining about all the charges. My wages got paid into this account so I had to go and get another bank account at another bank. Do they not have to give you 30 days notice, for the breakdown of customer relations. Eileen

Hi everyone, My son is leaving his flat just after easter and I am going to help him clean it before he goes. His letting agency has given him 4 pages of things to do and I hope to be able to do all of them. What I was wondering is if for any reason they decide that the flat is not up to scratch can I fight the landlord with this new law. We live in Scotland. I will take photos and I also plan to be there when the letting agency comes to look over the flat so that I will know of any problems. I sometime think that these letting agency's take advantage of young people's ignorance and therefore they get away with murder. Eileen

Hi just subscribing, my trust deed is in the process of getting discharged just now (early) and just in case I need any help I now know who to come to. Thanks Eileen

The court is Glasgow Sheriff Court. I have previously done 4 summary clauses and 1 small claim and I won them all. Iam not afraid of going down the court route but I thought that it was a waste of time because of the sists. I think that we will give the fos until after easter and if there is no answer from them I will definately go down the court route. I will probably come back and pick your brains. Eileen

Hi Texel, sorry for hijacking this thread but was it hard to get the sist removed. We are at present trying through the FOS to get back charges on a hardship basis, but at present we are not getting very far. If I thought that we might get the sist removed I would certainly go down the court route. Eileen

Well that's the letters away to experian and the finance company, so we will see how I get on. Thanks for the help. Eileen

Thanks Jowalsy, That was just what I was looking for, thanks for replying. I will now do as you say. Thanks Eileen:)

Hi everyone, hope that someone can help. I originally applied for credit for £500, when I was refused I thought that it was just my bad luck with the credit crunch and all. I went for a mortgage and was also refused so I applied for my credit report and instead of £500 that I had previously asked for the finance company had applied for £45,000. I have asked the finance company to remove the amount from my credit file but up until now they haven't done this. I am at present sending them another letter this time by recorded delivery and giving them 7 days to comply with my request, if this doesn't work can anyone else advise me what to do. I am also sending experian all the paperwork from the finance company to let them see that I only requested £500 not £45,000, and see what they're reply is. Is there anything in the DPA that I can use to get this amount of my credit report, and can I threaten the finance company with court proceedings because of their negligence I am finding it difficult to get a mortgage. Hope someone can help.

Hi Just subscribing, I am dealing with this bunch of twits for my son concerning an electricity bill. I have just wrote them a great letter that I pinched from another thread and I hope that we will not hear anything more from them. I am also compiling a list of faults and I am going to make an official complaint to everyone that I can think off. I am just waiting for my son's credit report to see if they have defaulted him and then I really will hit the fan with all there rubbish.

Hi caughtup, sorry I did not read your last note. I personally would not write to them again they have already refused your claim. I would just go to the sheriff court and ask for a small claims form and just put in what I have told you above and let the courts do their work. You might be lucky and the banks will not defend, just like my 3 cases and I won by default. If the bank does not defend you will get all your charges back that you have claimed for and not just the £12. limit. Eileen

Hi caughtup, If your charges are for under £750 excluding the interest you go down the small claims route. When I done my small claims I asked for £743 + interest, plus costs. Your original claim is only for the charges i.e. under £750 and everything gets added on after you have won. You can only claim 1 interest rate not the two that you are asking about. What you write on paragraph 4 of the small claims form is: The pursuer claims from the defender the sum of xxxx with interest on that sum at the rate of xxxxxxx % annually from the date of service for each charge.(Together with the expenses of bringing the action) I have sucessfully won 3 different cases for credit card contractual rate of 19.9%. 2 small claims and one summary clause. Contractual compounded rate makes such a difference to the amount claimed. My son's claim was for £1300 and he eventually received back £2090. Eileen

Thanks Callumsgran I will do that. I just wasn't sure. Didn't want to mess it up. Thanks again Eileen:)

Hi Steve, My son also had dealings with machall and again it was for a statued barred debt. He did not even know anything about this debt. After being on this forum I started to write to machall for my son, following all the instructions and after about 6 months it has now went very quiet. On every letter I sent to them I reiterated that we do not in any way aknowledge the alleged debt. Make sure that you put that in your letters. The one good bit of advice that we received from this forum is Never Never Never phone them. What did happen though is that we started to receive phone calls from a company called Ace Europe wanting to talk to my son, but I would never let them talk to him. They come on the phone and ask you in a very nice tone of voice to talk to you, do not get taken in. I always said that my son wasn't in and if they wanted to contact my son put it in writing. Eventually I told them when they called that I was recording the calls and that I was now going to complain to the Information Comissioner about their tactics. Oh and by the way they lie, they said that they had already spoken to my son, and when I asked what date, I said really! considering that he wasn't even in the country at that time they managed that very well. That shut them up. So beware, because if machall cannot get any money of you they will sell on the debt. Also make sure that when you send machall any correspondence you recorded deliver it. When I checked the royal mail tracking system for our recorded delivery they had received 18 in the one day. Obviously they get a lot of mail. Good luck. p.s. don't pay them a single penny. Eileen