yet the DCA never provide it (the original agreement), NOT IN MY INSTANCES ANYWAY. They seem to always refer back to the creditor. Are they presuming that we won't ask?

'Usually all we need from a client is a copy invoice and this enables us to do the rest. Interest is calculated and added to the debt, when proceedings are issued, and this quite often covers our charges' quote above from a debt recovery department! don't remember who but is it really a surprise anymore? I assume that bcoz these financial institutions are so vast that DCA's and Solicitors alike, take their word for it!

Hi all, Can someone enlighten me as to the actual amount the banks etc. have actually been fined following non disclosure and/or failure to supply a CCA or S.A.R? After the required days are up on issue of the requests, do they get fined per individual case or is it collective? If the above is per individual case, I was also wondering if this can be used as leverage in pending debt recovery, e.g. if a DCA/Creditor fails to comply, can you state that the further chasing of the debt will result in reporting of the failure (I know it should be reported anyway) and they will be fined X amount (this may or may not exceed the debt amount). This thread is possibly in the wrong place!!!

so surely it will be written in stone, not a random judges decision?

It is a scary to think that you will have to get to hearing to find out whether the judge will enforce? Who or what will give them direction, could the results be totally random?

I've just realised I'm not sure if Barclays have sold this account to 1st Credit or not time to check, don't want them passing data when it isn't allowed now!! s10 on the way. They have refused point blank to shift from previous letter, so I will be issuing claim and pending whether they have sold it or not, I will be requiring payment to oneself. If they haven't sold it, can I request that costs are to be repaid to myself and for claim amount to come off debt amount?? INCIDENTLY, if their is a Mr. Hyde of Hertfordshire reading this, you will be pleased to know that Barclays have sent ME your default letter

Right, s10 sent. Give it a week then n1. Thanks for all your advice

Hi Peter, Could this petition be placed on the 10 Downing street website or is it past that stage? SHERLOCK

Hiya Fendy, First of all you have to find where it states that if the 'satisfied' was written onto your file this would have resulted in a lower rate, do not take your financial advisors word as right(although it could well be). If this is the case then I would say you could start a claim. Second, if you find above NOT to be the case, then you should check your statements to see if the bank have levied charges to your account (these are being shown to be unlawful and wholly reclaimable). Thus if the amount of charges to be reclaimed is in excess of the default amount, you can claim that the Default was placed incorrectly in the first place and if this is the case I would say you could also start a claim. Hope this helps but do read around, there are lots of advice in all sections to help you.

contractual interest, the, sometimes extortionate, rate at which the bank charges you for differing accounts!

they'd probably claim a refund + contractual........that would leave you out of pocket

No, wot is meant by charges, refers to any unlawful charges i.e. direct debit refusals, overlimit fees, exceeding overdraft fees etc. that were made by your bank. If the charges when tallied up, exceed the defaulted amount, I believe (I'm still checking) this would mean you could apply to get the default removed and/or it shouldn't have been there in the first place and thus you start a claim for this. If the default was placed correctly, and it is the 'satisfied' part that was solely responsible for your inreased rates, then you may also have a claim? Again someone should come along to state the facts of this, I'm not sure

You will have to get gospel on the default/satisfied situation (I don't know). Clearly this has to be proven one way or the other in order to proceed as this is what your claim is founded upon. Have you checked your statements to see if the charges outweigh the default amount?

I have read of this, you will have to check out the default, I think they give you a set time, 30 days or something to pay the sum and then issue the Default. Are they owning up to the fact it should have shown as satisfied or that the default should not have been issued? If it is the latter, there are threads on here where people are suing for increased rates due to incorrect default (if the default was placed correctly, but consists purely of unlawful charges, this can be pursued and the same outcome, sue the bank Will get back with those links.

Some debtors, and indeed repeat offenders, do try to runaway from service, some are sat at home in the same armchair they've had for the last 15 years - the law process has to be the same for both. Importantly, on seeking to launch a bankruptcy petition, the onus is on the creditor to prove the debtors inability to pay a particular debt by reference to an unsatisfied levy of execution upon a judgement or by non-compliance with a statutory demand. The preparation of the SD is is not the concern of the process server, this is prepared by the creditor on his behalf. An instance is where a debtor claims not to have received the service, happened it was his brother of the same name , the debtor stands in court and states this, fine, following the hearing the debtor is duly served with the papers and wot has he gained.........21 days I am not here to preach, nor could I, it really comes down to your own situation, how you deal with the stuff they throw at you, and through our experiences to pass on advice.....whether people act on it is another matter.

Again, the SD, the creditor is under an obligation to do all that is reasonable to bring the SD to the debtors attention - this does not imply they have to be served personally on the debtor. Where it is not possible to effect prompt personal service, this may be effected by other means such as first class post or insertion through a letterbox - again, it would appear that the creditors could hide behind this statement, especially as they might be 200 miles away and is for the judge to decide. If you think Process Servers are running around the UK chasing debtors you are mistaken. 3 attempts at personal service (at the office, work, bank etc).will be deemed sufficient to effect service by other means, thus placing an affidavit with the courts for permission to seek substituted service. It is the bankruptcy petition that follows the SD that will be served personally by an Officer of the Court, but the procedure still allows for substituted service should the debtor be deemed to be avoiding the service,

Its my first time in actual application to court, will read up and get back with any probs, Thank You both.

Hiya Toddle, nice 2 C U again. Connaught again, very busy with their SD's at the moment. Get off the CCA and S.A.R - (Subject Access Request), put the alleged debt in dispute and sort out the refund claim, I suggest with contractual interest to get as much off the debt as possible. I would suggest even though some may frown, to offer a token payment to 1st Credit until such time the dispute is settled. (only my opinion, depends wot U have to lose??) As a reference, Process Server fees are around £75.00 + vat plus affidavit/statement of service £30.00 + vat (£150.00'ish all in, served or not) You can see with non service, substituted service, court fees etc. its getting costly, bankruptcy would be a last resort, BUT, it is their prerogative!! Also check your letters, was it definitely a SD, OR does it state that it is their intention to issue a SD, very different meaning.

The amount with LDR is now within my DMP. So, it appears they are happy they are getting something and I haven't received any letters from them since. Onto RBSG and the date of events. Oct. - Deed of assignment to LDR - CCA to LDR Nov. - Statements Dec. - Prelim to RBSG (+ contractual, payment to myself) Jan. - Offer of refund, NO interest (payment to go to LDR) - LBA (+ contractual, payment to myself) Feb. - Offer of refund + contractual interest (payment to go to LDR) 1) (I need clarification) RBSG are void of all legal obligation of this account on deed of assignment date. 2) I need clarification if they have broken Data Protection Act rules by contacting LDR, IF statement in 1) is Factual. 3) Send letter to LDR stating they are in no way to accept or confer information relating to this debt with third parties without my permission. ANY FURTHER ADVICE

Hi Sarah, The refund is around £170 the debt hasn't cleared, this only reduces the amount to £500.00. Do I push them or go straight to MCOL. I FEEL ANOTHER STRONGLY WORDED LETTER, WITH 7 MORE DAYS TO RESOLVE OR.......LITIGATION, AS THEY HAVEN'T STATED WITHOUT PREJUDICE ON THESE LETTERS AM I TO PRESUME THESE CAN BE USED AS EVIDENCE THAT THEY ARE WILLING TO PAY?? As far as I am concerned I have 3 valid points. 1) No proof as to claim to HAVE to pay to DCA. 2) Thay had NO right to contact third party and make payments on my behalf. 3) It is not for the OFT to decide if I am entitled to the interest. I am claiming off RBSG, does this not go along the lines as any claim for refund or is it a case of testing the water?

I received notice of intended insolvency proceedings from Connaught via 1st Credit(Barclays), sent them CCA Request also 1st Credit. S.A.R. on Barclaycard. I did all of the above (although they hadn't served me with a SD), received statements and am in the process of claiming amount back to reduce the debt. Don't know about bankruptcy rules, process servers are an agent of the solicitor and they serve what they are told, but they are still involved in the legal process and as such on occasion have to swear oath to their service, hence, it has to be done correctly. You do have the option of making an offer that is reasonable and within your limits, you haven't said if you have any assets. Ring round or make an appointment with CAB or call the debtline, or CCCS - Toddle, LFI says that he is not sure if the CCA Request would halt their court proceedings not that he cannot send it. It may be that their office is next door, but they would probably only try to effect personal service on 3 occasions maximum, that is all the servers fee would cover, then they would return it to the solicitor for the next step i.e. substituted service. Of course when/if it gets to court you request a stay until you get the info from your CCA/SAR Requests. This is of course all irrelevant if you go down Seminoles route and feel you would be best declaring Bankruptcy (over my head I'm afraid) Blinky, if possible could you provide more details? It seems this is their way to force you into contacting them.

bump

Bankruptcy Proceedings - Statutory Demand 1) Where it is not possible to effect personal service, service may be effected by other means such as first class post or insertion through a letterbox. This is known as Substituted Service. The defendant would have to place in court an affidavit in 'support of order for service by an alternative method'. This would detail previous methods of trying to contact you with regard the debt owing (THIS COULD BE CALLING AT YOUR WORK, HOME, BANK AND LEAVING WITH THEM AN APPOINTMENT LETTER ) If you fail to contact them, or avoid them then the courts can make an order for service of said claim form by first class post to your last known address or only known address. We cannot say if the SD is incorrectly served as you didn't point out any previous contact with the creditor (and its fully understood if you do not want to). If you have been avoiding them, deal with the SD, ring the court etc and get clarification for your own peace of mind. (I would say it is scare tactics, but better safe than sorry!). BUT DO THIS FIRST CCA to Connaught, 1st Credit, AND A Subject Access Request to the original creditor (TEMPLATES IN LIBRARY) I would place an additional letter to the original creditor stating that you require clarification of information passed to Connaught and you will seek redress should your data protection rights be in violation. (let them worry about this, everything helps) The courts do not take too kindly to creditors taking debtors to court for insolvency when the real reason is to force the debtor to pay up and as such until you receive ALL data requested you require the pursuing of the alleged debt amount to cease immediately. SHERLOCK

Cougar this is not to be confused with the ERC. This a SET fee, you know, found under the astronomical list of fees like Land Registry fees, deeds release fee etc. Just the odd £200.00 here and there.

Connaught it seems are doing this an awful lot lately, I suggest that you send them a CCA Request from the templates. You will find they don't have the info and they will have to request the statements from the creditor. This will put the account into dispute and when you get the statements you can make your claim for refund of charges. As for statutory demand: Rule 6 - 3 (2) The creditor is under an obligation to do all that is reasonable to bring the Statutory Demand to the debtors attention and, if practicable, to cause personal service to be effected. The court may decline to file the petition if not satisfied that the creditor has discharged the obligation imposed on him by Rule 6.3 (2) Service in bankruptcy proceedings can also be by way of post, through the letterbox, advertisement in the local press.......depending on the difficulty in contacting the debtor. Although the rules in place mean that they have to take certain procedures before going to the more extreme service.