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Everything posted by romanytony

  1. Thanks again, I will need to dig out my old files and find out when I last used the account. I will have to find them anyway to look for charges etc. But it's 6 years from the default or 6 years when the account was used?
  2. Default date is 2014, so 4 years ago.
  3. Thanks for your reply, I need to clarify something where we are talking about dormant accounts. For the account to become statute barred doesn't it mean that the creditor has not pursued payment for a period of time? I would like to know the period for this to be effective, is it 5 years? If it means from the date of my last transaction that would be a different date to when I last heard from the bank. My Credit Report states that this debt will last until 2020, not sure what happens after that date.
  4. I don't have a scanner so I will type out some of the letter, as for their behaviour, back in those days the banks were fighting any refunds, they strung each claim out as far as they could. The charges were excessive to start with, and computer generated. A bank charge could make you overdrawn which then attracted more charges. Times have changed, now banks are trying not to be the enemy but are more humane in their approach to customers. Here are the relevant extracts from the letter. We are writing to tell you that you will receive a refund on the above accou
  5. Not sure what your question is! Where did the money go? Do you mean the overdraft I left them with? Or the refund they gave me? The refund from the old charges went into my new account with another bank, they refund they are offering now I haven't replied as yet, the balance I left them with is still showing on my credit rating report. Is that what you mean?
  6. I took out a summons against Barclays charges years ago, for 2 years they kept telling me I wouldn't win. Then two days before the court date they phoned me and offered a full refund (over £6k) providing I signed a 'confidentiality clause', I refused to sign anything and told them I would continue with the summons. Within minutes the phoned back and gave me a full refund without any clauses. During the 2 years further charges had been accrued. I started a second claim but everything was put on hold whilst the banks appealed against the court ruling on charges, to everyo
  7. Thanks Ganymede. It was a person fron National Debtline who stated Tomlin orders were old fashioned and IVA's are now being used, hence my confusion. They are two different structures. That leaves me a little confused though over the court proceedings. My wife was summoned by Cabot, and I met with their legal people before a judge, he stated that he had had a look over the case and advised me to reach an agreement with Cabot. I was quite willing to pay, but didn't want the Tomlin order part, but didn't seem to have a choice. We went to an adjoining room and hashed out the terms, then went back
  8. Just to clarify. The reason for my question is this. Whilst talking to a financial adviser she informed me that Tomlin orders have been replaced with IVA's. It is a voluntary agreement of scheduled payment between a creditor and debtor. A Tomlin order means that if there is a default the creditor can obtain a court order for any outstanding money. The second reason for the question is that a recent money box program stated that after five years of payment under a IVA the debt is cleared.
  9. There was never a CCJ, the Tomlin agreement was made on the advice from the judge. The judge said that we should reach an agreement, so I had to follow his advice. We left his chambers and Cabot lawyers and myself discussed firstly the amount owed, which I managed to get reduced, then I made a nominal monthly offer backed up by a home budget plan, which they had to accept. We then went back before the judge to inform him we had reached an agreement. This was four years ago. The judge said if it had gone before him he would have awarded Cabot much more, so I did OK.
  10. I have a question re the above, not sure if this is the correct place for a general question. Some years ago Cabot took my wife to court over a Barclaycard account, although there was no signed agreement, my wife and I disputed the amount, we were advised by the judge to enter into a Tomlin order agreement. We have been making regular payments on that ever since, making sure we don't default. It is my understanding that a Tomlin order is old fashioned and it has now been superceded by a IVA's. I further understand that these IVA's run for a maximum of 5
  11. I would have to check all those dates/balances. Will get back to you.
  12. The account has not been used by me, cretdit or debit, for six years.
  13. I have a copy of the original letter, all letters are by recorded delivery.
  14. I claimed back my bank charges way back before it all went pear shaped with the high court ruling, however by the time my fee's were returned further charges had been applied to dormant accounts. It has now gone over 6years during which time the interest charges have been steadily accruing, now it has come to a head and the bank is terminating the account, which I asked them to do over 6 years ago. As this is the first demand made for payment can I claim statute barred?
  15. I filled in the questionnaire form, but before I could return it I had another letter from Barclays. This one states that my claim has been upheld, sorry for mis-selling the policy and here's a cheque! The cheque is more than double what my claim was! I thought this must be a mistake, I checked the name and address, no, that's OK, the account number, no, that's OK! Took my family of ten out for a meal! This came out of the blue, and was so needed. My wife has been seriously ill, and has just been granted the highest rate of disability, but because I didn't claim when she first took ill, w
  16. Hi Slick, no that is correct, the charge did change from £5 to £24. Just spoken to the FOS and they have opened a file, they said that it seems evident that it should be refunded. The questionaire that they (the FOS) provide is the same as the banks. I shall fill it in and return it.
  17. Received two very strange letters written by someone for who it would seem English is their second language. The 1st letter is addressed to me and acknowledges me claim and sets out how they will investigate the claim. It is signed by Sheeba ponnusamydaniel. Notice the lower case initial to the surname. Google that name and it comes up with an online form filler for Skillpages. Maybe that is coincidental. The second letter is addressed to my wife, the account was joint but in both our names, strange. The first paragraph states that they have received my claim and have now conclude
  18. I would add that the reason behind me asking for a total refund is because I saw a BBC news item a few weeks ago in that they said that banks had been under-refunding people with PPI claims. The news item said that PPI payments were being refunded, and banks had set aside money to do this, but they had not taken into account that if a PPI payment led to an unauthorised O/D charge, then the bank charge (£30) plus interest should also be refunded.
  19. I have sent the letter off today and included bank fees. The fees came to £2k, the letter explained that had it not been for paying for an unrequested PPI I would not have exceeded my O/D. Some months the bank fees alone were £120, that led to going over the limit the next month and more charges. Anyway its up to Barclays now, we'll see how they respond.
  20. Just gone through the statements, from 2006 to 2008 there are 41 x £30 Paid Referrals, with interest that would take the total claim to over £7200.
  21. Thank you Slick, so claim for everything and let the bank do the bartering down. So should I rewrite the spreadsheet, and this time include the bank fees as they arise. And should I inform the bank that I have done that, or just write the reclaim letter and let them figure it out? Is there a template letter (does it have to follow a specific format) or should I just make one up?
  22. Thanks DX, the fee's included do not amount to much at all, if theres any problem with them I would be happy to remove them.
  23. Attached Spreadsheet, this is just the OD Protection fee's, does not include any charges.
  24. Thanks gigs, I forgot about the 6 year cut-off. So I cannot claim back bank fees that were added to my account over six years ago, right. But the account was last used by me on the 18 Aug 2008, six years ago, and has not been used by me since then. The balance at that date was £1600 O/D. Does that 6 year cut-off apply to that amount? Since 2008 the bank has added PPI and interest to the O/D balance, bringing the current balance to £4760. My PPI claim comes to £5329. My head hurts tryong to work it out!
  25. OK, just completed my spreadsheet. PPI payments plus interest exceed £5200, more than my overdraft balance. This figure does not include bank charges such as 'Paid Referrals' and interest on them. Looking forward to your answer re these.
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