Quick update-Lots of threatening letters from SOLS and DCAS. Sent a complaint to FOS about the whole thing-initial findings is that they do not want to act but await further evidence from me. Will update when I have more news.

Hi, Thanks for replying. even though it is a long time ago, I'm still in the same situation. the claim was for penalty charges-after the court case they sent a letter saying case closed we win, basically. This was followed up by a threatening letter from a DCA-I wrote back to them saying that something like, although they won on that particular count-there are still some angles which may mean that I do have a case (I would have to look up the letter it was a long time ago). then nothing from them and since then I think they have been taken over by santander which wasn't the case when I started the claim. However, they still add charges every month and interest and the account is just out of control now all from charges on a £5 misdamenour. I have no idea on what to do about it-I have just stuck my head in the sand and hoped it will go away-but I'm sure one day something will happen and I'd rather be in control of the situation rather than just letting it lie and then one day getting a request for 20k or something! any ideas would be extremely helpful

Thanks. I will write up a draft at thee wknd and run it by you guys. I will have to say it was before the renewel though, because a few weeks before renewel I complained about it, but thought it was a PPI, and they said I haven't got a PPI case closed.

Hi, I was wondering also what happens if they do not do anything about my court claim within the specified time? Bustthematrix-only in response to my LBAs-which was negative.

Thanks, and send a PPI complaint letter (miselling) or do I need something else?

Ok thanks. So write to CPP then? And is there a template or something I can use? Not sure if this comes under PPI? In all honesty I don't know what the product is and never asked for it.

Thanks mate. I'm sure if its the wrong place they will tell me to send to CPP or whatever.

Right I have the contract here, it is (the product) called, barclaycard card protection

Hi, sorry no update. I have filed in court and am now waiting a response. Will update when I get one which should be in the week

Hi there, I am currently in dispute with EGG and would welcome comments and advice. It has now got to the stage where I have submitted a claim in court and recieved a response So I received a notice of issue from the court. I then yesterday recieved a letter from shoosmith sols saying they encloe Notice of acting and an acknowledgement of service. On the form it states that they intend to defend part of the claim. I was wondering if I have to do anything next or just wait for the defence? Does anyone have any experience with EGG and know whether this is a scare tactic or whether there is a possibilty that they might fold beforehand? Is it possible for someone to gander the POC and see how tight it is? Thank you The POC used were as follows. PARTICULARS OF CLAIM 1. The Claimant entered into an agreement (“The Agreement”) with the Defendant on or around 12/07/2004, whereby the Defendant was to advance credit facilities to the Claimant under a running credit account, Account no ( The Account). 2.“The Agreement” essentially consisted of the Defendant providing the Claimant with a credit card (“The Card”) which would allow the Claimant to make purchases and receive cash advances on credit. In return the Defendant was entitled to charge interest at the published rate. 3. The Agreement was a Regulated Agreement for the purposes of the Consumer Credit Act 1974. 4. At all material times the contract was subject to the Defendant’s standard terms and conditions which could be varied from time to time. Summary 5. Throughout the course of the Agreement, the Defendant has added numerous default charges to the Account for the Claimant’s failure to maintain payments and or for exceeding the credit limit and or if a payment is returned. (Full particulars are set out in schedule 2). 6. The default charges were applied in accordance with the standard terms of The Agreement which were: a). A penalty payable on breach of contract and thus unenforceable: and or b) An unfair term under the Unfair Terms in Consumer Contracts Regulations 1999 (“The Regulations”) and therefore not binding on the Claimant. 7. The Claimant is accordingly entitled to repayment of the sums wrongly added to the Account. The Charges 8. The standard Terms of the Agreement in substance provided as follows: (a) The Defendant would provide the Claimant with the Card. The Claimant was entitled to use the Card to make purchases and receive cash advances up to a credit limit (“the Limit”) set by the Defendant. The Defendant could unilaterally change the Limit by giving the Claimant notice in writing. (b) The Defendant was entitled to charge interest on the purchases and cash advances at the published rate. © The Claimant was to pay the minimum payment by the due date as notified in the monthly statements. The minimum payment was 2% of the outstanding balance or £5 which ever was the greatest. (d) In addition the Defendant was entitled to charge default fees (“the Charges”) where the Claimant exceeded the Limit, failed to meet payments or had a payment returned. The Charges are currently £16. Penalty 9. The Charges were payable on breach of contract by the Claimant. 10. The amount of the Charges exceeded any genuine pre-estimate of the damage which would have been suffered by the Bank in relation to the Claimant’s transgressions. 11. In the premises the Charges were punitive and a penalty and thus unenforceable at common law. The Regulations 12. At all material times the Claimant was a consumer within the Regulations. 13. At all material times the terms of the Agreement providing for the Charges were unfair within regulation 5 of the Regulations in that contrary to the requirement of good faith they caused a significant imbalance in the parties' rights and obligations to the detriment of the Claimant. 14. Without prejudice to the burden of proof, the Claimant will refer to the following matters in support of the contention that the terms are to be assessed as unfair as at the time of the conclusion of the Agreement, and of each revision to the Standard Terms. (1)The terms relating to Charges were standard terms; they would not be individually negotiated. (2)The Charges were a penalty for breach of contract. (3)The Charges exceeded the costs which the Bank could have expected to incur in dealing with the exceeding of the credit limit, late payment or returned payment. (4) Accordingly the Charges were a disproportionate charge incurred by the Claimant for their failure to meet their contractual obligation and thus within the ambit of Schedule 2 (1) (e) of the Regulations and indicative of an unfair term. (5) As the Defendant knew, the Charges were of subsidiary importance to the customer in the context of the Agreement as a whole and would not influence the making of the Agreement. (6) As the Defendant knew, the Claimant had no means of assessing the fairness of the Charges. (7) In the premises, the effect of the Charges would be prejudicial to the customer who incurred them, and cause an imbalance in the relations of the parties to the Agreement by subordinating the customer’s interests to those of the Defendant in a way which was inequitable. 15. Without prejudice to the burden of proof, the Claimant will contend that the terms imposing the Charges are not core terms under regulation 6 of the Regulations and relies on the following matters. (1) The assessment of fairness does not relate to terms which define the main or core subject matter of the Agreement. (2) The assessment of fairness does not relate to the adequacy of the price or remuneration as against the goods or services supplied in exchange (in other words, whether or not the relevant services were value for money). (3) The Charges are correctly described as default charges by the Defendant in the published tariff of charges. 16. By reason of the said matters the terms were not binding under regulation 8 of the Regulations. 17. The Defendant wrongly applied Charges to the Account totaling some £between 28/09/2006 and 17/11/2010. Particulars appear from Schedule 2. 18. On 06/11/2009 and again on around 08/10/2010 the Claimant demanded repayment of the sums wrongly applied. 19.The Defendant has not repaid them or any of them. And the Claimant claims: (1) A declaration that the sums totaling £ have wrongly been applied to the Account (2) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of payment of the Charge to date in the sum of (4) Court costs of I believe that the facts stated in these particulars, comprising of 2 pages, are true. Dated Signed

Ok thanks. Thats what it is called but on the contract it doesn't say barclaycard hence my confusion

Hi guys, thanks for the responses. I have to admit I am a bit confused now though as to what I should do next with this? It is definitely not something I signed up for. The product is called barclaycard protection . Can I still send off a version of the PPI reclaim templates? Or do I need to send some sort of other letter? Thank you

Hi, I'm trying to claim back money from barclaycard because they applied a PPI policy without even asking me. To date I have paid over £250. I wrote to them about this and the reply I received was " according to our records you do not have a PPI policy with us so we cannot help you. If you have any evidence of it, please submit it to us" The same day I received a letter from barclaycard about the automatic renewel of the barclaycard PPI policy. So I looked at the documentation I have, and it says that it is a barclaycard PPI policy but the company that supplies it is called CPP and they collect it on their behalf. So I want to write back to them. I have the T&Cs, i have my statements where they took payments and letters from them about the barclaycard ppi policy-all evidence that a policy exists-but before I send it, I am asking if I am sending it to the correct people? Barclaycard-or should I send it to CPP? Any help would be great as this is a bit confusing

Hi there. I have read several guides that warn against sending in the N1 forms to the court by post. Unfortunately, until April I cannot take anymore holiday and there isn't a local court near my place of work, so I can't hand deliver them. I also prefer to use these forms as oppoossed to the online ones which you can't fit as much info on. So I was thinking of sending them in by post. So my question is, is there really a risk sending them in by post? Has anyone done it successfully? Any advice would be great, would like to get these off asap Cheers

Not sure if that would work though mate, because for example. If my charge sheet says £20 on 01/01/07, I will calculate interest from that time until now subtract the partial refund amount, which includes interest until the refund date not current date. If you see what I mean? The figures wouldn't be correct I don't think

Or should I just make those ones £12 ones on the charge sheet ????????

Ok, I have managed to do those parts, but have come across another obstacle Previously Capital one refunded £96 onto my account. This was the difference between fees charged and £12 + interest on that difference. I rejected this offer and they acknowledged my rejection in a letter, however, the refund was still put into my account. Do I need to take these off my charge sheet? Please help Thanks

Hi guys. Wondering if you could help please. Writing a POC for a CC and the details I have do not fit in the box provided in the form which I intend to hand in by hand asap. Can I just leave it blank and write see attachment 1 or something like this and attach a word doc to the poc? Cheers

Hi mate. Well when they threatened me with court action, I did send a letter to HSBC detailing all my complaints which they in essence do not care about-but have done so again with the FOS. I guess what I was really after was what the penalties were for a bank clsoing your account without notifying you?

Hi there. In their last letter to me, they have said to me that there is no written agreement for the OD, but are still pursuing me via DCAS. I have sent a complaint to the FOS recently. Also there is no facilities letter. Regarding the clsoing of the account-there was no recall notice-and have never been notified of the closing of my account, only the OD.

Hi again. Ok I have all the info I need and have decided to file in person. I'm still having trouble with the N1 form however. If someone could help with the following questions please. 1) It says POC attached/to follow. the POCs I have from the link provided is very long and will not fit into the space provided. Can I simply tick or circle attached, leave the space blank and staple it to the form? If not, what should I do? 2) What do I put in the following parts a)Value (seems to be a massive space here for this, and except for the total amount I'm cl aiming for, not sure what else to put b) brief details of claim I really don't want to pay the court fee for nothing and get this sent back so any help would be appreciated. Hopefully get it in tomorrow. Cheers

No CCJ mate

Hi there. I have an account in dispute and I wanted to find out some more information. Basically I am questioning whether or not correct proceedures have been applied to the withdrawal of an overdraft facility and subsequently my bank account. I don't think the letters they have sent up till now follow the correct proceedure. I remember ages ago seeing a thread where it specifically states what documentation needs to be provided by the bank and in what format but I cannot find it anywhere now. does anyone know anything about this or can provide any more information please? The proceedure for my account went requested CCA-no contract provided Put in a claim for bank charges Case on hold pending court findings Warning that overdraft would be taken away in one month further cca requested no contract provided overdraft taken away Demand for payment Final demand for payment Account passed to DCA Account passed to dg sols Court case finished- Bank account closed with no notice or documentation Account still in dispute

Sorry mate I might be a bit slkow here. On the charge sheet that I attach to the POC and N1 form, do I add contractual interest and not statutory interest? And use this figure for the total claim amount?

~Hi again. I have decided to hand in person as I found ouot its only a 2 min walk from work, so might as well. No. I have applied the 8% statutory interest to all the charges. Should I be applying their interest rates? I'm not sure that is in the link of the POCs that you posted earlier? Now I'm a bit confused:???: Also, am I right in thinking that I circle "attached" in the POC section and literally staple a seperate sheet(s) for the POC and schedules? as oppossed to squeezing it all in the little space they provide? Probably a silly questions but I don't want to complete the form incorrect and for them to take the court fee and themm to refuse it. Also just to confirm, its three identiical copies I do and pass to the court which they then administrate.? Thanks for all the help.