Hope you are going along to have your pictures taken. Untill you have cleared funds the case is not settled. Once it is settled and done and dusted you can go for a wasted costs order. DS

I just wanted to wish you GOOD LUCK for your hearing next week. DS

Following the Stay imposed from the Court I have now put in an application on N244 together with documentary evidence for it to be lifted. I have also made the Court aware that Abbey have taken charges against my benefits.. When my husband took it into the court the clerk told him that a previous application on another bank charge claim was turned down even though submitted on grounds of financial difficulties. If my application gets turned down without the right to a hearing I will be very very mad. I have forked out the £65 fee for a hearing and I expect to get one. The court clerk said today that they will be refunding to me £30, I do not want the £30 to be refunded I WANT A HEARING and I WANT TO BE HEARD. I might even take the press with me!! DS

Hi Clippy I have today put in application for the stay to be lifted. Now the clerk stated that another lift of stay was not granted on financial grounds. But as I have said to my hubby, it really depends on how the case was presented and we are not aware of all the facts. I will have a jolly good go at trying to get it lifted and will fight my corner even if up against the almighty DJ Gerlis. All the best DSxx

Hi Tide, Hows your court clase going - any news yet!! Hubby, is making a slow recovery and hopefully things will be back to normal in the next few weeks. Lets hope we can keep the Mortgage under control, so they do not repossess.....It has bee a very trying time and a costly one with hubby not being able to see properly, you just don't know how important your eyes are!! untill you do not have them at full strength. The worst is over and we are now moving forward more positively with other claims. DS

Just an update, the CCA request was sent beginning of the week. The SAR request will be done this weekend as I did not want to rush it and to make sure that it is a full detailed one that is going to cover everything. The game plan because this is a 10/11 year claim will be once I have proved that they do not have the true signed copy of the credit agreement, presently they are only able to provide a copy of the application form. I will then send them a LBA advising them that they are in criminal default and request the return of all the bank charges and I will also then go with restitution (interest claimed at the rate of their profits - which is very high and on a compounded rate as well. Having something to hold them to order should make them think twice, also the claim will be over £10K and I could then ask them, presuming it is fast tracked which they have to anyway, to provide a complete breakdown of their charges. I am feeling very positive about my plan at present. If anyone has any ideas or resavations please let me know. DS

Hi Clippy, Have you made an application to have the stay lifted, If you receive any benefits and or are in financial difficulties there may be a way to get the stay lifted. DSxx

Received yesterday in the post a GENERAL FORM OF JUDGEMENT or ORDER from my Court. The DJ upon the courts own motion, makes an order of it's own initiative WITHOUT a hearing. If I object I have 7 days to make an application to have it set aside. Now, I do have benefits coming into that account and that was only in the last 3 years but I also had income during that period as well. Last week, I wrote to Abbey, before this stay arrived as I knew that my Court were staying all claims and it was just a matter of time. I advised them that they have taken charges against benefits and quoted them the relevant act. I have offered them a chance to settle by giving them a discount but also warned them that if they did not take up my offer within 14 days, I would desist any stay imposed by the court on the basis of the the benefits. My court are only dealing in money for lift of stays ie, £35 without attending or £65 if you want to attend and that is not guaranteed that this JUDGE will listen. Now, there is also the press release this week that the OFT test case may now now proceed, so staying cases now is rather short sighted by the courts. So I think in all seriousness that I should apply for the stay to be lifted, I cannot wait for a response from Abbey so I will have to fork out the £65 and attend in person. Maybe this is a good thing and it may induce Abbey to settle before the hearing for the stay. I still think that it is holy unfair that the courts are putting us all through this, they have had in all honesty had our court fees including an allocation fee as well and I think they should be hearing these cases as it is our right to have these cases heard especially when the banks are not playing ball. DS

After further discussions with a friend yesterday, I now have a game plan...I have now decided to send to the Halifax a CCA request £1 (42 days)and a SAR £10 (40 days), this will after 42 days prove one way or other what info they have or not as the case may be, So far after 6 months Capquest for this account have not been able to come up with the credit agreement, the only thing they came up with was the application form and this in no way was the true signed agreement. It may not be possible to reclaim all what has been paid, but what is sure, no true signed credit agreement, no debt to be paid and this will go on the same claim for the return of the Bank Chgs & interest. If they fail to produce the true signed credit agreement, they are in criminal default and I believe they will not want to go to court and should settle...... well thats the therory. If anyone has more knowledge than I, I would welcome any comments as I want to get this 100%. From reading many threads over the time on this site, I have noticed that many peeps who have sent CCA requests. have in many cases never ever receive the these agreements and I think together with the SAR it is a very powerfull tool as they cannot produce later a document when you are about to go to court out of the blue at the last minute. So guys and girls watch this space.... DSxxxxx

Yes Zelig, lets wait and see!! Anything to do with MBNA...... I just wonder! DS

Hi all I have been having more thoughts on the this Halifax 10 year claim, this is a case where we forgot about this account and Halifax sold it to Capquest who were chasing for the money. A CCA request was sent back in April with the £1 fee. Now, Capquest have not been able to produce a the true signed credit agreement over 6 months since the request was made. The only thing they have supplied is the original application form which is NOT a CCA agreement. They are actually now in criminal default and my gut feeling is that we should now bring them to order, under the CCA, if they cannot supply the true copy of the original agreement then it seems that they must repay all payments made to them together with 8% interest and compensation! at the same time I could include the charges, but because the bulk of the claim is under CCA this should not become a stay! I am toying with this idea and will come up with a LBA which I will send to Halifax and hopefully as a leverage they will eventually pay the claim. Still more work to do on it, but as I said I am now working overtime on this to experdite matters. DSxxx

Hi Bellenna, Thanks for reminding me that we have to do something with this lot!! I had forgotten all about it. Good luck with your quest for sorting out your default, it sounds like you may have had some success. My hubby still as yet has to decide to claim back his charges and get the default removed as this point has already been muted in court and they got there claim kicked out as they failed to supply the DJ with the true copy of the default notice, proof that it was sent etc. I think what he is going to is contact the court and ask for an order to be given to CL Finance to remove the default. Although I think he will have to take an action to get this removed. DS

PSM, Congrats on your progress. I very much doubt if Abbey will send in their bundles by 5th October or at any time, so it could be that you will be able to have their defence struck out well before your Jan 08 date. All the best DS

Good thinking Techspec...

Hi M, take a look at this Stitch up! - City - Money News - News - Mirror.co.uk Also, you will be pleased to hear that we are finally going to deal with the Halifax claim before the floodgates open up again. I will deal with it at the weekend. So really do not think we will have to wait too long to get our claims paid if all these new articles are above board. All the best DSxxxxx

This is the response from Donna Pumfrey..... I am not happy that the police are not taking it further. I will await a response as she says, then I will ask more questions and then go for compensation. I will also write to the Information Commisioner's Office. Dear Mrs xxxxxxx, my apologies for not responding to your earlier email. I have been out of the office all day. I can confirm that the letter you received has come from Loans.co.uk. The matter has been reported to the Police who have informed us that they are not taking action. The matter has also been reported to the Information Commissioner's Office, who are carrying out their own investigation. I apologise for the inconvenience you have been put to. I am asking the operations team to respond to your letter in more detail. Yours sincerely, Donna Pumfrey

I got it now...ta... another new thing learned today. DS

Midge -your a gem, how did you do that! DS

I have just found that this story made the Daily Mirror - I tried to make the link but does not look like it has worked - Loan firm blunder - City - Money News - News - Mirror.co.uk.htm DS

Hi MissQtoe, Looking at the letter we received from Loans.Co.Uk on the 2nd page in the bottom corner the reference is loansv1/aug07. So this being the case this letter was prepared sometime in August it would certainly tie up with your timeline that she have given. I honestly do not know the answer to your question, but it has certainly is a good question and one which I would too like the answer too. So any legal beavers out there that can give us the answers, we would be very grateful. Now, what has you bank's fraud department done about it, are they refunding you the money!! I have checked my bank account and so far, nothing untoward, but that does not mean that this will not happen. I am going to call my bank shortly as I believe they can register you with Cifas.... don't ast what it means but my hubby had an identity fraud earlier this year, someone posed as him and went into the Halifax to open an account, they did not get any where as he already had an account with the Halifax and this person on security did not get the right DOB, or his mothers maiden name. When they were asked to bring in 2 recent bills with their address on it, they phoned back and said that they had just moved and did not have any bills with the new address. They did get their application declined, but Halifax added to my Hubbys file that we were connected with another address that was nothing to do with us. He only found this out when one day he looked at his Experian file and Halifax have registered him with this CIFAS. I will report again once I have had a response from Donna Pumfrey. DS

Yep... you have that right, they are not even going to ley the OFT know their true costs, so it is business as usual for those of us who can be bothered to do it. What worries me that there are loads of peeps out there who do not have access to computers or emails and do not know about these sites and these are the peeps who may need help. The Banks will just carry on with their charging regime under different names but it still boils down to same thing, they are still robbing us blind!! we give and they take take take. DSxxx

Following the Company Search on Loans.Co.Uk I found that Donna Pumfrey a lawyer for MBNA is also the Company Solicitor for this Company. I have this morning sent her an email and have asked certain questions on a low footing at present, I will step up my questions when she gives me the answers I require. I also received this morning an unsolicited mail from GE Money Home Lending, and in the right hand corner, is Loans.Co.Uk, so they together with MBNA are all connected. I for one have never had any loan with this Company, but have a Debenhams and Evans Account with GE Money. I think some years ago like you I may have apllied for a loan but did not take them up. So what legal standing do we have!! are we protected!! against this under the CCA. How did they get access to your NAT West account to commit an identity fraud, what dates did this happen! when I start getting the info from Donna Pumfrey, if it is true what that letter states, I will find out WHAT DATE this theft occurred to see if it ties up with you identity theft. I am now going to check my bank statements. Regards DS

Yes £35 without you attending and I believe it is £65 if you want to attend. I would either check on line or phone the courts for guidance. It may be easier and wiser to plead your case in person, because then you can explain to the judge how their charging regime is putting you in fincial hardship. DS

definately, I would go for a lift of stay stating your financial harship and in the alternative request that Barclays stop applying charges untill the test case has been decided as it is putting you in financial hardship and advise the court that you have had a further £430 in charges. I did read somewhere that Barclays were not going to object to stays being lifted but how true that is I do not know. I have also read that that the test case may not now proceed! there was an article on the BBC a couple of days ago and the OFT may announce this shortly. If you find this article in the news section I would take a print out of that article and send it in with your lift of your stay. I have just found it for you. BBC NEWS | Business | OFT may compromise on bank fees Let us know how you get on. DS

Well if the OFT drop the test case and they decide on, say £5 as being fair charge ( but not in my opinion), we can still take them to court and carry on as usual reclaiming charges back. It does not make sense that they would back down down now knowing that they say their charges are fair and transparent. Unless they have much more to loose if they go to court because the actual cost may well be under a £1, who knows. Which ever way you look at it it is a total stitch up to the consumers. DSxx