Been struggling to get this sorted due to illness, but back on track now, ggot the usual offer of difference in charges from 20 to 12, sent in rejection requesting full amount plus removal of default. Finally got reply today from Ellie Renshaw stating the usual rubbish about we fel our cahrges are reasonable etc. So it's off to court with this one (not that it will get that far) Anyone got a POC for the N1 including request fro default removal?

Bump Anyone any thoughts on the letter?

Well, Mrs raaydaars claim against Cap 1 will be giopng out on Thursday when she gets back from the in-laws, We're going for charges plus cci at 29.95%, I've adapted the initial letter to try and speed things up a little any thoughts? REQUEST FOR REPAYMENT Dear Sir,CARD ACCOUNT NUMBER: xxxxxxxxxxxxxxxx I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations.I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. My statements show that you have taken £xxx in unlawful penalty charges(late payment and over limit fees). In addition I claim contractual interest at an annual rate of 29.95% (compounded daily) on the above charges amounting to £xxx. I also require you to repay the fee for my subject access request, an additional £10, bringing the total for my claim as of today’s date to £xxx. Please note that interest on this amount is accruing daily at the rate of £0.xx. For your reference, I have attached a detailed schedule of these charges. Please note that this amount is non negotiable and I require repayment in full of the above amount plus daily interest accrued at a rate of £0.xx in the form of a cheque made payable to Mrs raaydaar at your earliest convenience, and in any case within 21 days of receipt of this letter in order to avoid additional interest charges and legal costs being added to the claim. If you do not comply fully within 21 days from receipt of this letter, I shall begin a claim against you in the small claims court for the full amount plus additional daily interest, plus my costs, without further notice. Please note that a standard template letter or any form of stalling tactic will not satisfy me and I will take such a letter as a negative response and will commence legal proceedings immediately on receipt of such a letter. I look forward to receiving payment from you within 21 days of receipt of this letter. Yours faithfully, Mrs raaydaar

Well I toddled down to the council offices today and it would appear that according to the statements of the account, the outstanding balance was paid on 24th November by cheque, however the £30 charge is for issuing the summons on 30th October, the liability order was granted by the court on 27th November. Mum wasn't aware of the £30, as she never recived any notification from the council about it. Anyway the council were pretty sympathetic and suggested we write to both them and the baliffs disputing the charge so that no further action can be taken til the matter is resolved and if they find mum liable then we'll just have to grit our teeth and cough up the £39 to Bristow & Sutor

Received the following reply to my e-mail: Dear Sir, We acknowledge receipt of your email, the contents of which have been duly noted. Please be advised that I have confirmed, with our clients xxxxx Borough Council, that you have paid to them the sum of £30.00. Two visits have been made to your property. The first visit was on the 05/01/07 where no contact was made (if they did attend on this date, they certainly didn't leave any paperwork to prove to my mother that they attended). The fee for this visit was £22.50. A second visit was then made on the 01/02/07 where again no contact was made and the charge was £16.50. We have not as yet received your cheque in the sum of £16.50. Therefore your outstanding balance is £39.00. Under the terms of the Liability Order and the Council Tax (Administration & Enforcement) Regulations 1992, you are liable for payment of the Council Tax plus the costs incurred by both the Local Authority and ourselves. Payments must be made direct to ourselves in cash, postal orders, or by banker’s draft. Cheques are also acceptable except where payment of a previous cheque sent to us, by you has not been met by your bank. Payment can also be made by CREDIT or DEBIT CARD by telephoning our office on the above number. (Note: All card payments are subject to a 4% surcharge). Seems a bit excessive A receipt will only be issued if you send a stamped addressed envelope with your payment. Your reference number is xxxxxxx. This must be included with your payment and written clearly on any letters which you send to us. We expect to receive your remittance by return, failing which we will have no alternative but to reattend your property for the removal and sale of your goods and chattels, which will incur you in further additional costs. I'm off down to the council today to get a statement of account from them to confirm when the payment was made, and then off to the court to confirm when the liabilty order was made against mum, so, if the payment was made before the liability order granted then I can get the £30 back and tell the baliffs to get stuffed through the courts Is this correct?

The baliffs pitched up again today whilst I was there, didn't hear them though as we were chatting in the kitchen of an upstairs flat.This time they left a note advising that they had attended in order to seize goods to the value of the outstanding debt and would come at any time even weekends with a van to collect these goods.Anyway I sent them an e-mail advising them that the payment had been made direct to the council after their previous visit and we had a receipt to show that. I also advised them that I would send them a cheque for £16.50 which was the amount their chap had said was the charge for his previous visit. Should they make any further attempts to collect this debt by either visiting my mothers property or communicating with her in any way, then I would be reporting them to the relevant stautory authorities and consider legal action for harrassment in pursuing a debt that does not exist.Question:Can they carry on pursuing this debt, even though it no longer exists?Mum isn't very well and this is really starting to get to her

The baliffs pitched up again today whilst I was there, didn't hear them though as we were chatting in the kitchen of an upstairs flat.This time they left a note advising that they had attended in order to seize goods to the value of the outstanding debt and would come at any time even weekends with a van to collect these goods.Anyway I sent them an e-mail advising them that the payment had been made after their previous visit and we had a receipt to show that. I also advised them that I would send them a cheque for £16.50 which was the amount their chap had said was the charge for his previous visit. Should they make any further attempts to collect this debt by either visiting my mothers property or communicating with her in any way, then I would be reporting them to the relevant stautory authorities and consider legal action for harrassment in pursuing a debt that does not exist.Question:Can they carry on pursuing this debt, even though it no longer exists?Mum isn't very well and this is really starting to get to her

Thanks 4 that, was paid before the hearing, my problem is these idiots are after £95 what can I do?

Hi all, after a little help here. My mother received a summons for unpaid council tax, I paid the bill for here prior to it getting to court, however it appears that there was an aditional charge of £30 for issuning the summons. She had a visit from the baliffs today, demanding £125 which included a fee of £16.50 for their visit today. I contacted the council and asked what the remainder of the money was and they told me that £30 was for the council, the remaining £95 was for baliff charges. Can they actually charge £95 for one visit to recover a council tax debt of just £30. I paid the £30 direct to the council today, as I didn't want the people at Brisow & Sutor to get their grubby mits on the £30 and put it towards their charges Thanks in anticipation

Why not, let the beeb know just how these people operate and maybe just maybe the likes of BCW can be put out of business with hefty fines and possibly imprisonment

well I e-mailed watchdog about BuchananClarke & Wells not being registered with the information commissioner so maybe something will get done about them now

BCW featured on watchdog tonight, so as a nice gesture to help the consumer champions at watchdog, I've informed them about BCW and their processing of data whilst not being registered. Maybe the influence of the BBC might get something done

bump Anyone offer any advice on this?

I've thought about that, but the judgement was entered back in 2003, settled in 2005 when we moved. Plus can you actually apply for a judgement to be set aside after you've paid the money? If I were to apply for the judgement to be set aside, could I apply to reclaim the 1400 extra I've paid?

I believe I read somewhere that BCW aren't registered with the information commissioners office and therefore should not be processing data