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Everything posted by Stornoway

  1. I have also been helping a friend who has debt with amex which is in arrears and newman are involved, they are very aggressive but; 1. the 2k+ collection fee is a default charge which is unlawful. We wrote 2 letters pointing this out and amex agreed to waive it. 2. send a SAR to amex and tell them that you regard the account as being in dispute due to application of unlawful bank charges and accordingly under the UK Banking Code they cant enforce the debt until matters are resolved. Highlight that Newman should also not be contacting you whilst in dispute. This should give you some breathing space. 3. you can try point 2 on Northern Rock as well but suspect they are too far down the road for this to work.
  2. This really annoys me - I like the flexibility of cheques and use them regularly but many shops now dont take them. I also often feel like a fraudster just because I want to pay by cheque.
  3. Z You have to make sure that you ask for your default removal right from the start of your claim. The template letters include wording re defaults which can be amended to suit. Good luck.
  4. Hi Maria I'm not at MCOL stage but will be soon and i'm not in Barnet either but would be very interested to see how you get on and give my support. Please post regular updates as your case proceeds. Good luck.
  5. Good luck, I know the stress you are under and really hope it works out for you. Shout if you need help.
  6. It was different lawyers but I did speak to both the lawyers and NR. I sent long letters to the Head of the Collections department and phoned regularly. At one point, I offered to the lawyers to give them a legal charge over the house in respect of the personal loan as they had my mortgage anyway and the Loan to Value was low - in my view this far preferable to getting a CCJ. The lawyers initially said they were interested in this but then backtracked - it might be an option for you to explore. I went as far as asking my lawyers to look at creating the legal charge etc to take this forward and one thing they did say was that the way the original mortgage docs and loan docs were put together, NR had the right in a default situation to look to the existing legal charge to cover the personal loan as well (the charge was for "all sums"). If you have a "Together" mortgage and loan then this might be something you can point out / offer to them. They were very hard work in the whole situation but i got there in the end. One other thing that went in my favour was that I had a 5 year payment history with them during which I had never missed a payment.
  7. Data Protection Team Barclaycard PO Box 5592 Northampton NN4 1ZY I'm a couple of days in front of you. Good luck.
  8. If you claim twice from halifax then they will close your account. Best to get a parachute account open if you havent already done so.
  9. About 18 months ago, I fell three months in arrears with NR personal loan following a period of illness, hospitalisation and a family bereavement which meant I "took my eye off the ball". They took me to court but when I received the court docs I telephoned them and offered to pay the full arrears there and then. They refused to take my cash and were determined to take it to court to get a charge on my house. After perservering with daily phone calls and letters they finally (day before court) agreed to stop the court action and never even took a payment for the arrears. It was one of the most stressful periods of my life. I think my advice would be to keep in regular contact with them and try your hardest to get the court action stopped. One thing they did say to me was that whilst they were stopping the action as there was a default they could restart the action at any time if I missed another payment.
  10. Hi Default notices are regulated under the Consumer Credit Act so they cant just issue them willy nilly. Some banks have been closing accounts but this is frowned on by the Financial Ombudsman and there is therefore a way you can fight against it. I live in Scotland too and of the three claims i've made so far all have settled before getting near a court. My advice would be to spend quite a lot of time surfing the site before you start. Good luck.
  11. Newman and Coy (American Express) - completely unreasonable. Credit Solutions are pretty aggressive too.
  12. I'm in a similar debate with BA just now. As I understand it provided that the cancellation wasnt due to adverse weather then you are entitled to a refund plus accommodation plus a free flight on to your destination. The EU website has information about the relevant directive but unfortunately i've lost the link.
  13. They will normally only close the account if you claim twice however I'm surprised that they appear to have closed maroondevo's account at first claim (see post above). Halifax treat your claim differently depending on how many products etc you have - i.e. if you have a personal loan or a savings account with a few thousand then they will look at your claim more favourably.
  14. Halifax have a brief to negotiate so I'd call back and try and get the offer up a bit. Regarding chasing the full amount it depends how much you value the relationship. Personally i want to keep my current account and overdrafts with halifax so i would settle before going to court but in relation to my credit cards with other banks i will be pushing all the way.
  15. my claim includes interest and they are saying that they dont pay interest refunds, they are currently offering about 90% of the value of the charges.
  16. Stornoway

    Dunnie1 vs MBNA

    MBNA paid me contractual interest at LBA stage. I used the same interest rate as they had been charging me. They were very reasonable, I basically phoned them and asked them to settle without going to court and they did.
  17. Abbey are signed up to the Banking Code which is a framework laid down by the Banks stating how they will act towards their customers. One of the provisions of the Banking Code is that where an account is in dispute the bank must not take enforcement action against the customer (i.e. default them). Accordingly, If I were you I would send a letter in response to their letter threatening default stating that you are in the process of claiming a refund of unlawful bank charges and "accordingly the outstanding balance should be regarded as being in dispute and under the Banking Code no remedial action should be taken against me until matters are resolved". This worked for me with American Express. Make sure you send the letter recorded.
  18. I'minterested too and there have been a few threads all saying that you cant have two defaults for one debt - i.e. the original default should be removed when the DCA places it own default on file. You can find further info here Caledonian Express, UK - Credit, Loans and Banking : Mortgages, Remortgages, Loans (secured and unsecured), Car Finance, Credit Cards, Bank Accounts However, I havent been able to find the exact provisions of the data protection act which states specifically that you cant have two defaults on the one account. I'm trying to get a default removed at the moment and my strateggy is; 1. to have the original lender remove their default as it has been replaced by DCA 2. repay the DCA in full if they will remove the default from records (not just mark as satisfied). HTH
  19. Yes as long as you have a correspondence address in England then you can claim in England. Good luck!
  20. Stornoway

    Pt2537 V. Egg

    Hi Paul, I'm a couple of days ahead ofyou so willbe watching with interest ! Good luck!
  21. Hi Glenn If I was to take them to court for willful non compliance what am i actually suing them for ? i.e. there is no financial loss by not getting the statements so other than the missing statements what should i be asking the court to give me ? Cheers
  22. Long story .....I have a s78 in course but only sent it last week. My card is about 15 years old was originally with "Robert Fleming" then they were taken over by "Save and Prosper" (they were a friendly society / building society from memory) then they sold their card business to MBNA. I'll be absolutely amazed if they can find the agreement. I've successfully claimed £3500 in charges and interest from MBNA but this was applied to the account which is now with a DCA (has been sold / assigned). What I ultimately want is default removal and presumably if they cant find the agreement then they cant report the default to CRAs ?
  23. Pam How much of an impact does length of time with employer and length of time at address in the overall score ?
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