Thanks Not sure if she will want to stop her payments or anything was more on the lines if there are guide lines for upping % rates and should they at least notify you first.....But me I would say up yours and do battle as it seems very unfair....But hey whats new

My wife has had a MBNA card for years and even when I became ill with the MS she maintained her payment via DD....She is doing some home budgeting and was shocked on how much % she was paying so she gave them a ring to find out how much the annual variable % ran at. Now last year we had a hic-up with some DD's so this is how it ran 7/7/08 £70.00 DD 14/7/08 £80.00 paid via the phone payment for August statement 15/8/08 £200.00 paid Via the phone payment for September statement 29/10/08 £172.00 paid via phone payment for November statement And after DD up and running again and payment doubled by my wife's request thinking she would be paying it off quicker Turns out because she had made a couple of late payments as due date is the 7th of the month they have put her % up to 34% and it has another month before being reviewed, how can they do that when she has never defaulted and never missed any payments since 2004 Is there anything we can do as whats the point of trying to pay your dues if they penalize you and the best was the "Loyalty adviser" excuse was in these uncertain times all % rates have gone up

Another question, do I have to take in a copy of my S.A.R. With the N1 ? And do I tick the Human rights box ? I got my statements relatively easily last time but now I'm up to 130 days !!! Iv'e sent 3 letters and rang them 4 times, each time I was put through to an answer phone and no returned calls. Still I'm used to it now

Hi Tinga, Take a look in here http://www.consumeractiongroup.co.uk/forum/guidance-notes/

Well i think it's time i got moving with my second claim, iv'e been letting things slide a bit and as you guys know if you don't push hard YB do nothing. Anyway i sent a SAR on 23rd March for charges info from 1995 to 2001, Of course they sent me statements for the last 6 yrs. On the 16th June I sent a letter pointing out their mistake and requesting the data again. On the 17 July I wrote again requesting the data and giving them 7 days to comply before court action. As I have heard nothing from them I am filling in my N1 for non compliance with the SAR. I have a question, on the form where it ask's "does your claim include any issues under the human rights act 1998" do I tick yes as I think the data protection act was prompted by the human rights act.Also what would be a reasonable amount of damages to claim ? Thanks Moss

Great news Wobbs and well done:D Moss.

Well folks the day has finally arrived, Moss has got a Cheque for £4131.08p from the Court :D:D. This is the full amount claimed plus full interest plus costs. So I would like to say a big thanks to the Consumer action group and all the peeps that have helped and supported me along the way, I couldn't of managed without you guys . And a big hug for caro , I really appreciate the help you have given me, Caro you are a star and I can't thank you enough. Please change my title to WON. A donation will be on it's way shortly and the survey will be filled in. I will be starting a new thread soon going back beyond 6 yrs, so see you all soon. Regards Moss.

Congratulations Lillboy and well done, YB claimants are having a good month

Ok Peeps time for an update. On the 18th May the court told me CB had applied for a set aside and on the 16th may they had sent it back to CB as they had applied incorrectly, so then I had to wait for them to make a correct application which they didn't do. So on the 30th May I applied for a warrant of execution, which was granted. Then on the 6th June CB told the Bailiff that they were still going to apply for a set aside as I had incorrectly claimed against my branch instead of head office in Glasgow. Later on the 6th the Bailiff rang me again and said CB had changed their mind and were going to review the paperwork. Today I rang the Bailiff and he said that CB were paying in full and that they had posted a cheque to him, he then said it would take the court 14 days to clear the cheque and then they would send me a court cheque. So a two week wait and it looks like Moss will have WON. Regards Moss

Well done you guys Enjoy the win you earned it. :D:D:D

Thanks Sarah, things are moving with my claim. Can't say much at the mo, but i think something will be sorted next week Moss.

Well done Sarah

I sent you an up to date copy did you not receive them

Nothing at the moment buddy.

PM me with your email and i will send you a copy of YB's T&C's.

Hi Secretary, Don't add the interest on when you send your Prelim letter or your letter before action, you only claim the interest when you file at court. The best advice i can give you is to take your time and have a good read of this site. Start here http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ Regards Moss.

Definitely designed to be intimidating, Take a look at this http://www.consumeractiongroup.co.uk/forum/lloyds-bank/90521-lloyds-victory-birmingham-perspective.html

Looks good to me. Your not far from me, can i ask which court are you using.

Hi Swag Bag, A. This is the same schedule you used for your prelim but now with the 8% B. Yes C. http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires-3.html post 55 and don't forget CYNthesys D. I used the basic court bundle As to what YB will do next is any bodies guess !! the only thing you can be sure of is if you stick to your guns you will get what's yours Bon voyage. Moss.

I think i would reject it as well, i would write to, or ring the court and point out that their statement that the case is settled is false as you haven't had an acceptable offer, don't want the court to vacate your hearing date.

Lillboy i don't mind at all,keep the pressure up

Today i have had a letter from C/B legal services. They are asking for me to consent to them making an application for the judgement to be set aside. They said "Judgement in default came to be entered because the bank was not in receipt of the documentation that the judge ordered on 30th April 2007, therefore the bank could not comply with the order." How should i reply to this ? Obviously i don't want a set aside, they have had months to deal with my claim, they ignored the court order to submit a court bundle, my hearing date was 11th May which was vacated so now i don't have a hearing and if they get a set aside they can go back to messing me about. :mad:

Once the deadline is past i would ring the court and ask them what they will do next, just to prompt them. In my case i waited for the court to contact me after CB didn't submit their bundle and 10 days latter the court still hadn't put my file back in front of the judge to have CB's defence struck out, but once i rang them they did it straight away. Once the defence had been struck out, i then applied for judgement on the form that i got with the notice of issue, which was granted.

I have just rang the court and today i have been awarded judgement for the full amount to be paid forthwith, so we will see what transpires next week.

Leanne this is the statement of evidence that i used, (post 55) It's by GaryH and is excellent just adapt it to suit http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires-3.html