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Everything posted by Stornoway

  1. Loverboy, on what basis should we trust you - do you have inside knowledge or are you employed in the legal profession ?
  2. i think status enquiry is where someone has asked the bank for a reference on you and as this is a service you cant claim it. Unpaid cheque is a cheque that someone has given you which has bounced so again cant be claimed. Dont know what a priority payment is. Renewal fee cant be claimed either as it isnt a penalty charge.
  3. Cheers Dave sorry to have misunderstood and good luck with the claim !
  4. You havent offended me - you are entitled to your opinion just as I am entitled to mine. On the basis of the law TODAY I have hopefully highlighted to diskmandave that there may be a potential problem with his letter and also that he should be aware he is not eliminating the debt through the s77/s78 argument he is simply stopping the creditor from enforcing - the debt is still there and he should understand exactly what his position is.
  5. I havent read the full text of the original OFT £12 statement and I probably should before posting here but surely there is no difference in the cost bases of a credit card company and a bank and hence the charge should still be no higher than £12 ? I suppose I can see an argument for higher charges where the bank has physically done "something" i.e. bounced a cheque or a DD but in many cases the item gets paid and you are charged merely for going over limit. Personally I'm reclaiming a lot of historic charges and going forward I would be prepared to accept a £12 fee as I think this is just about reasonable. BW any idea where I can get the text from the £12 OFT decision - I'm now intrigued !
  6. Hi your letter refers to both section 77 and 78 of the CCA but I was under the impression that s77 deals with fixed sum credit (loans) whilst s78 deals with fluctuating balance type facilities (credit cards) so suspect you should be referring to one or the other but not both ? I plan to use s78 to get some defaults removed from my credit file but I personally dont agree with people trying to welch on their debts using s77/s78. Reclaiming unlawful and unfair charges is one thing but if you know this facility / debt is yours then you shouldnt walk away from it - its not morally right. Remember too that this debt will still exist although they cant enforce under currenty laws - it may be a longshot but what would happen if you dont pay this for 10 years then the government change the law and decide it can be enforced (and there is a much higher amount outstanding) ?
  7. i claimed contractual interest successfully from mbna and teh settled before court but first direct are telling me they dont pay any interest at all so a contractual claim might be hard work with them. Good luck with the claim.
  8. No the EFT charge is also known as a CHAPS charge - its not a penalty charge its a charge for a service provided so you cant claim it.
  9. i dont think he said you wouldnt be able to claim entirely but he did seem to indicate that you would only be able to claim the difference between the charge and £12. As you have indicated many people are already claiming full refunds on credit cards despite the cap. Inmy view nothing changes.
  10. you can claim the charges and the interest you have paid on those charges since they have been taken from you. Some people are also charging "contractual interest" on the principle that the bank has had use of your money so you should be able to charge them interest for this however contractual interest is not straight forward. If the claim goes to court then you charge statutory interest of 8% (but you cant charge statutory interest and contractual interest - its one or the other).
  11. Its the same letter - I 've used it several times without problem.
  12. Good advice from lookingforinfo - my tuppence worth though is that it might be best to wait until they have confirmed that the court action is stopped before sending SAR - you want to keep on their good side until you have this confirmation (get it in writing by the way)
  13. Hi have you got the section highlighted in red confirmed from them in writing ?
  14. Marie I really can assure you that Hbos plc is registered at the mound with halifax plc registered at trinity road - google it. A large part of the media debate at the time of the BoS and Halifax merger was around where the head office and registered office would be and it was confirmed that hbos plc would be in edinburgh. I'd consequently doubt that you could send in the baliffs to one of the branches as you havent sued that company but you could send them into the offices at the mound. Good luck.
  15. Becks you need to do a lot more research, read threads and read the FAQ section. Many people in scotland prefer to keep their claims under £750 so it goes through small claims - if the claim is for more than this figure then they split it into portions - i.e. they go for a £750 claim covering the first couple of years then when successful claim again for the next couple of years etc.
  16. OFT already said they would take action against anyone charging more than £12 for credit card penalty charges and that hasnt stopped us making successful FULL claims.
  17. halifax and BOS have different banking licences and are separate legal entities but if your claim was gainst HBOS Plc then that is a different company as well. I would think you only have recourse against HBOS plc in which case its registered office is "The Mound, Edinburgh".
  18. As a country we do need profitable banks as it means they have the capital to lend money which promotes economic growth through increased consumer spending and business investment. Also dont forget how much the banks contribute to HM Treasury through the tax they pay on their profits (£2bn in Barclays Bank's case) and the amount of income tax they generate from their employees. However in relation to free banking I completely agree with Dolly above - charging £39 for going over limit includes a huge profit element which is basically subsidising free banking for others. This is not fair and more importantly its unlawful.
  19. http://www.consumeractiongroup.co.uk/forum/other-institutions/67810-amex-urgent-data-protection.html#post582741 Hi I've started the above thread and wondered whether anyone can give me a steer - basically I'm helping a friend out with amex and we obtained a copy of the credit agreement through a s78 request. It turns out that my friend dated the agreement incorrectly at execution (1/11/06 rather than 1/11/05) - does this mean that the agreement is unenforceable ? Are there any prospects for using the issue to stop Amex processing default info through CRA ? MANY THANKS
  20. I'm helping a friend with dealings with Amex. Her credit card account is in default and the DCA (newman and coy) are very aggressive. We recently sent off SAR and S78 and today received a very comprehensive response from Amex. From the copy of the original credit card agreement provided, it transpires that the agreement was incorrectly dated by my friend (year is wrong) - does this invalidate the agreement ? We dont want to try and get out of paying the debt however it would be great if we could use this issue to get the default removed. Is this realistic ?
  21. I recived a similar offer and declined then they upped it to 90% which I have declined again. Ball is now back in their court. Has anyone claimed interest successfully pre court ?
  22. Z, you still have to do a formal SAR as this asks for details of manual intervention which is important for when / if it goes to court, you should spend some time reading the FAQ section before starting the claim. Cheers
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