hi all Have had a conversation with GMAC who have stated they have an extension to deal with FSA exit fees guidelines until 9th March. If you have heard nothing by next friday call them and ask what they will be doing about it, as theya re holding out on a decision till after friday Oh and its best to call the padiham office 08707708030 for details

Was you given help with your costs by them when you took the mortgage?

Are the charges for a bank account or mortgage?

Here is a draft of my case summary, appreciate any pointers!!! The Claimant requested information the Defendant held using a Data Protections Act Subject Access Request. The claimant highlighted fees charged to the account. As the fees seemed excessive and punitive in nature the Claimant used the Unfair Terms in Consumer Contract Regulations 1999 (UTCCR) and found they were unenforceable in English common law. The Defendant maintains the charges are not unlawful rather they are a genuine pre estimate of their losses due to the breaches on the contract. Referring to UTCCR sch2 1 (e) “where a term may be unfair if the effect requires any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation” clauses in the contract between the Claimant and Defendant are therefore unenforceable. These clauses require the consumer (Claimant) to pay a disproportionate amount to the Defendant for breaches. All fees charged can be seen on the schedule of charges in this bundle. Referring to Office Fair Trading “Calculating Fair Charges in Credit Card Contracts April 2006” 3.1 An unfair standard term is not binding on the consumer. A term is considered unfair under the UTCCR’s if: “contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the consumer” 3.2 The requirement of “good faith” reflects the principle of fair and open dealing with consumers. It does not simply mean that terms must not be used deceitfully 3.3 Schedule 2 to the UTCCR’s illustrates possible respects in which a term may be unfair to the consumer by means of a ‘grey list’ of possible kinds of unfairness. Of particular relevance to default charges is paragraph 1 (e) of Schedule 2, specifying that terms that have the object or effect of requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation. Therefore being charged £35 - £100 for a standard letter is unfair and therefore unlawful in accordance with UTCCR’s. In the same report OFT also state: 1.19 ”In our view the basic principles set out here also apply to other analogous default charges in consumer contracts, for example agreements for bank overdrafts, mortgages and store card agreements” During the correspondence the Defendant offered to reduce a default payment and sent this to the Claimant. Also sent was a refund of solicitor’s fee. This was added to the account contrary to the order of Deputy District Judge Mahy of Chester County Court, who order “the fees for today’s hearing must not be added to the security” There have been numerous attempts on behalf of the Claimant to settle this case without the need for a hearing; however the Defendant has preferred to continue the case. It is the claimants belief that the Defendant has acted in an unlawful manner when applying disproportionately high sums to the account when a breach occurred and respectfully seeks from the court a judgement that the charges are in fact unlawful, the return of the charges paid, interest pursuant to s.69 County Court Act and costs in accordance to CPR 48.

H and thanks for starting a thread. Ok had a thought....you can accept the cheque as part settlement and i have found this letter of jonni2bad that will be ok to send. this will show that you are going to take the matter further, obviously change the owrding slightly from charges to moneys taken and edit to personalise. YOUR Street Town City Postcode Date BANK NAME Address Address Postcode Re: Account number XXXXXXXX Response to settlement offer. Dear [named sender or Sirs] Thank you for your letter dated xx/xx/xx I respectfully decline your offer as Full and Final settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary. My (Request for Repayment letter) (Letter Before Action) dated xx/xx/xx indicates that you have until xx/xx/xx to respond before I proceed to the next stage of my request (before I commence legal action). My deadline remains the same despite this offer. If you do not accept my conditions for acceptance, or you do not respond within 7 days, I shall return the cheque to you. For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter. (If the bank have credited your account, please use this note in place of the above paragraph) If you do not accept my conditions, or you do not respond within 7 days, I wish to stress that I do not accept your offer and the money transfered to my account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly. I trust this clarifies my position. Yours faithfully [signature] [print name] I really think it would be best to get a solicitors advice for the rest of the claim. I think you have a good case and should be entitled to compensation for the fact you lost your house, however like i said before it would be very difficult to prove you only lost your house through their mistake. Check Yell.com the UK's local search engine - search for UK businesses for solicitors in your area and DONT use no win no fee, they will only fleece you in the end Good luck and keep in touch If i have answered your query, please click the scales to let me know!!

Hi all Quick update. Had email form sols they want me to call them to agree a case summary and other details. What is it they actually want from me?? Any suggestions gratefully accepted

CAtherine have a look over this sticky, its a good idea for you to attach to your AQ. http://www.consumeractiongroup.co.uk/forum/mortgage-companies/63053-draft-order-directions.html Also there has been a case of a win against SPML. Sues35 i think the members name Good luck and hope the injuries are getting better Mrsfoot

Gooner, had a thought. It might be a good ldea if we swap correspondance from Swift. It would be very interesting to see if what they have sent you mirrors what they have sent me....evidence of standard letters and simply cutting and pasting info onto standard letters for correspondance and then charging the earth for them! Just a thought!

Quick question: I have to let sols know if i want to contiue with the claijm by 5 today. I will be sying yes i do, but there is a query. They have used Barry Pauls case as a tactic, and telling me they won this case (inc names case No and judge) and that they will win this one. I feel this is just bullying as Barry Paul said the judge had said his case was not to be used as evidence. Should i mention this in my reply?

Hello and welcome to the Consumer Action Group! There are a few things that you must do before sending letters off left right and centre. By following the steps correctly you save yourself and others a lot of work! Read the FAQs. Print them out and take 2 -3 days to understand what it is you are about to do…..you wouldn’t just jump into a lake for a swim unless you knew how to swim, would you?? http://www.consumeractiongroup.co.uk/forum/faq.php Understand the process. Don’t try to start halfway through, it won’t work. Its time consuming but at least you won’t be making any mistakes in getting your money back! Read through the relevant forum for your bank claim. Here you will find others journeys, celebrations and queries, most of which will help you in your claim. Start a thread in your forum, and keep it in your favourites so you can find it easier. Call it your name v bank name for example. Here you can log your own journey, ask questions and most of all offer another thread for a newer person to read (see you are giving something back already) It’s your claim; you have to do the work! Its not easy, can be very frustrating and at times you will feel like throwing the towel and letting them get away. But keep on going, seek advice from mods / site helpers/ or anyone else who is on the forum, great place for this is the chat room, try it out! http://www.consumeractiongroup.co.uk/forum/chat/flashchat.php Good luck, and if this has helped in anyway let me know by clicking on the scales!!

Hello and welcome to the Consumer Action Group! There are a few things that you must do before sending letters off left right and centre. By following the steps correctly you save yourself and others a lot of work! Read the FAQs. Print them out and take 2 -3 days to understand what it is you are about to do…..you wouldn’t just jump into a lake for a swim unless you knew how to swim, would you?? http://www.consumeractiongroup.co.uk/forum/faq.php Understand the process. Don’t try to start halfway through, it won’t work. Its time consuming but at least you won’t be making any mistakes in getting your money back! Read through the relevant forum for your bank claim. Here you will find others journeys, celebrations and queries, most of which will help you in your claim. Start a thread in your forum, and keep it in your favourites so you can find it easier. Call it your name v bank name for example. Here you can log your own journey, ask questions and most of all offer another thread for a newer person to read (see you are giving something back already) It’s your claim; you have to do the work! Its not easy, can be very frustrating and at times you will feel like throwing the towel and letting them get away. But keep on going, seek advice from mods / site helpers/ or anyone else who is on the forum, great place for this is the chat room, try it out! http://www.consumeractiongroup.co.uk/forum/chat/flashchat.php Good luck, and if this has helped then let me know by clicking on the scales!!

Hello and welcome to the Consumer Action Group! There are a few things that you must do before sending letters off left right and centre. By following the steps correctly you save yourself and others a lot of work! Read the FAQs. Print them out and take 2 -3 days to understand what it is you are about to do…..you wouldn’t just jump into a lake for a swim unless you knew how to swim, would you?? http://www.consumeractiongroup.co.uk/forum/faq.php Understand the process. Don’t try to start halfway through, it won’t work. Its time consuming but at least you won’t be making any mistakes in getting your money back! Read through the relevant forum for your bank claim. Here you will find others journeys, celebrations and queries, most of which will help you in your claim. Start a thread in your forum, and keep it in your favourites so you can find it easier. Call it your name v bank name for example. Here you can log your own journey, ask questions and most of all offer another thread for a newer person to read (see you are giving something back already) It’s your claim; you have to do the work! Its not easy, can be very frustrating and at times you will feel like throwing the towel and letting them get away. But keep on going, seek advice from mods / site helpers/ or anyone else who is on the forum, great place for this is the chat room, try it out! http://www.consumeractiongroup.co.uk/forum/chat/flashchat.php As you have already made some rpogress in your journey then the real advice is to sit tight. The fact that you have re issued the claim wont make a difference. what you wil find is that Halifax wil prb defend the claim and you will then be issued with allocation questionaire to complete, but dont worry the majority of claims go to this stage. They wont go to court, you will get your money in full, its just a waiting game! Good luck

Hi and welcome You will find all the addresses for each institution on the front page, here is the link http://www.consumeractiongroup.co.uk/forum/ Before you do anything please take your time and read all FAQs and threads for the relevant banks. This is the most implrtant thing you wil do when claiming your money back, as even small mistakes can be costly. http://www.consumeractiongroup.co.uk/forum/faq.php Dont forget to start a thread of your own, and if you need advice quicky or havent been answered on your thread pop intp the chat room where you will find loads of ppl to help you. http://www.consumeractiongroup.co.uk/forum/chat/flashchat.php Good luck If this has been helpful, please click on the scales and let me know!!

Hi, im hoping i can help a little here. Ok with your DPA money and no statements, you can now go to court and get and order from the judge to give you the statements. Thye have to comply to the DPA SAR by law, they have not and indeed used your money against the intention it was meant. Make an immediate complaint to the Information Commissioner and let him decide. There is also prepared templated letters to force compliance, through the courts if necessary. This will be the first step. From this you will be able to see when the cheque bounced, was it then added back to the acount and paid as part of the redemption. If they contact you again by phone, tell them you have sent a DPA SAR (understand fully what this entails by reading http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/24031-frequently-asked-questions.html?garpg=10 and tell them that you will be in a beeter position to respond once you get the information you have requested. Hope this helps

HI Moggy and welcome If you have received a standard letter to your request then as they 14 dys are up send the letter bfore action. you will find this in the library. Its imprtant to remember its your claim so you make the schedule not the banks!! Also why not start a thread in the relevant banks forum so you can see wjhat others are up to Good luck

You can claim back 6 years. There have been claims for further back but you need to read up on the limitations act. Check out the FAQs section where you will find some information more suitable to your needs. Good luck

In my honest opinion I would send letter requesting the repayment again, this time adding the further charges and NOT the interest. Statutory 8% interest can only be claimed once you file in court. You can however claim interest that the bank may have charged because of the charges taken. So if the bank charged you £30 which put you over your overdraft limit and then charged interest you can claim that back. Hope this helps, let me know by clicking the scales!

I believe you can adjust the spreadsheet with the charges on up to the date you file with the court

with what?

Im afraid its waiting time! It seems that mcol have transferred your claim to a court for it to be dealt with. you will hear something from the court over the next few days. Dont worry, you will still be refunded the claim.

When is your trial set for Gooner? Quick update Received letter from Sol today. They sem very happy with the Judges decision not to give me further disclosure, and quote form his decision. However i find it very strange that they have received the order and sent a letter to me before i have even received the letter from the court and i only live 5 miles from court they are 200 lol They also quote from Barry Pauls case and basically "explain" that they have already won a case and no doubt wil in this one. They are offering me to withdraw with no costs. Thats so very kind of them dont you think?? Lots of other stuff in the letter, although before i can talk about it i need to get advice from others first.

Question guys....Swift saying they charge fees as they are sub prime lenders who deal with ppl with bad credit etc. Is it a strong argument for this point if i identify the fact that they were charging 8.28% Bank of Eng 4.25% (at the date of start contract) therefore earning more for their £ already in profit?? Not sure if i have explained correctly but hope u know what i mean lol

Most agreements are A4 size paper with a list of the conditions you have agreed to. They will state fees to be paid in case of default, opening balance, interest to be paid (if applicable), date of agreement start, term of the agreeement (if loans etc) and should have your signature on it.

CAn you give me a little more info. Was it a bank accout? Who closed it and why? Did you sign an agreement when you received your full and final settlement?

Hello and welcome to the Consumer Action Group! There are a few things that you must do before sending letters off left right and centre. By following the steps correctly you save yourself and others a lot of work! Read the FAQs. Print them out and take 2 -3 days to understand what it is you are about to do…..you wouldn’t just jump into a lake for a swim unless you knew how to swim, would you?? Understand the process. Don’t try to start halfway through, it won’t work. Its time consuming but at least you won’t be making any mistakes in getting your money back! Read through the relevant forum for your bank claim. Here you will find others journeys, celebrations and queries, most of which will help you in your claim. Start a thread in your forum, and keep it in your favourites so you can find it easier. Call it your name v bank name for example. Here you can log your own journey, ask questions and most of all offer another thread for a newer person to read (see you are giving something back already) It’s your claim; you have to do the work! Its not easy, can be very frustrating and at times you will feel like throwing the towel and letting them get away. But keep on going, seek advice from mods / site helpers/ or anyone else who is on the forum, great place for this is the chat room, try it out! "Get Some Of The Money Back The Banks Have Stolen From Me" Little note...please dont use any language that could be deemed libelous!! Good luck