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    • Hi all, hope you can help. I've received a £4k repair estimate from the main dealer after my 2016 F30 330e developed the dreaded drivetrain error. The qoute is for a replacement cell module and associated labour and various bits and bobs to get it done. I initially had them investigate the issue when it first popped up a year ago. They replaced the auxillary battery which 'fixed' the issue for a few months before returning. Last Novemner the issue escalated to 'Battery not charging' which would clear after powering off the car , and disappear. Took it into the dealer and they diagnoised a faulty high voltage battery under the boot but could not do any work as they needed to schedule more cars for this 'specialist high voltage work'. So they said I could continue to drive the car until they got in touch when the car could be booked in for repairs. Roll on to April, the issue became severe (battery not charging error not going away, car in limp mode one morning) and car completly died at a traffic light same day (dashboard flashing all over the place), couldnt engage in 'Drive' and had to be recovered by AA to the dealer. Turns out car was now only running on the 12v battery in the boot and that had run flat as the hybrid function had stopped working altogether. My question is whether this is a reasonable estimate. Could this be done cheaper elsewhere? The dealer has servived this car from new hence took it them in the hope they'd not point fingers at any other party. Should I be paying for this at all since I raised the issue with them before it escalted and resulted in a now expensive fault? I also suspect the KLE may have gone too based on other posts, but the dealer hasnt qouted for that yet. I worry they'll' 'discover' that after I've already shelled out for a new cell module and end up lumbered with another bill to replace the KLE. Feels like I know about what they need to do than they do. The Service Advisor has been completely useless. Any advice would be greatly appreciated.
    • The Petrol Station is Shell Garage Wickham (Hampshire ) Another person obviously had the same issue as they had called the garage previously-
    • Thanks Dave, that all sounds clear to me. In terms of avoiding PCNs, I'm not sure if I can. I need to be able to park in that spot, especially as I've got kids to lug forth and back for the school run. Likewise it's not always possible to use the MA's permit system either, as I've not always got them to hand. So, if I'm actively avoiding PCNs, then it could mean I've given in to their idiotic rules. But, I do get what you're saying, as I imagine the risks go up if they claim there are multiple PCNs to be paid at court. Not sure what to do with this one.
    • Is it possible you could qualify for a DRO (Debt Relief Order) and ditch the IVA ? https://debtcamel.co.uk/end-iva-change-to-dro/  
    • My IVA which I began in 2021 has for around a year now been passed to credit expert - I find this company and it's staff obnoxious and insensitive money grabbing monsters.  What is my legal right can I have my IVA moved to another ip what happens if Hanover sell my file?  I am ina real bad situation where my kids are unwell and this crest expert supervisor is saying I should try more than what I agreed despite my situation being very bad and kids unwell.   I feel like they are bullying me and I duh I where to turn.  I keep getting emails saying we at credit expert are in charge of your iva now but still I got messages about my review annual from Hanover which I sent documents and now I got a response from credit expert saying they think I agreed to pay more - how ludicrous is that how can I keep these bullies at bay.   Who can I complain too without messing up my IVA.  I'm going to post below what they sent me please someone help me as they are making me suicidal now. These evil people g coincidently all Indians with weak English which is another issue as communication feels like a battle each time.    Good afternoon,   We hope you are keeping well.   In accordance with the terms of your voluntary arrangement you a required to comply with the following modification:   The debtor must seek to either obtain full time employment or improve self employed income to equivalent thereof as soon as possible and a full review of the debtor’s income and expenditure must be undertaken by the supervisor. The contributions shall increase after taking into account any increased costs in respect of travel and should commence in the month following the review. If any instances of co-habitation with the debtor by any person aged 18 or over occur during the term of this arrangement and where there is reasonable expectation that board and lodging should be paid, the contribution will be added into this arrangement in full. The debtor agrees to provide an income and expenditure review in the month following any loss of child related income. Any surplus identified is to be made available immediately for the benefit of unsecured creditors in the arrangement.    In order to ensure that the terms of the voluntary arrangement are adhered to, I require you to provide evidence that you complies with the above modification along with any supporting evidence.   Alternatively, if you believe you are no longer able to comply with the modification please do inform us.   I eagerly await your response to the points raised within 14 days of the date of this email.   If you have any further queries, please contact Customer Service on ‪0800 0431 431‬ or by email at [email protected].   Thank you for your comprehension.   Plese guys advice me what I can reply as I don't have any more money for these thieves and their annual review is an annual monster nightmare how can I tell them I'm not willing to be bullied and can't paid more    تھا ks   
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Urgent help needed. Default incoming on disputed account!


Keasby
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Hi there. These are the POC's I'm going to send with forn (I think) N215. The lady at the court said I could send that along with a covering letter. I'll admit my original POC were scant as I expected to be stayed for a good long time only to find the test case ended. Any advice is greatly appreciated.

Particulars of Claim

The Claimant has an account xxxxxxxxx("the Account") with the Defendant which was opened on or aroundxxxxxxx

 

  1. The account was conducted on the basis of the defendant’s own standard terms and conditions.
  2. At all material times the Claimant was a consumer and the Defendant was a supplier within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999
  3. During the period in which the Account has operating the Defendant debited numerous charges to the Account in respect of alleged breaches of contract on the part of the Claimant.
  4. Alternatively the charges were levied in respect of various purported services provided by the Defendant and relating to exceeded overdrafts, returned cheques, failed direct debits and so forth.
  5. The Defendant also charged interest on the charges which were applied.
  6. The charges were levied on the basis of certain purported contractual terms which apparently permitted the charges to be made.
  7. A list of the charges applied is attached to these particulars of claim.

The Claimant contends that:

Insofar as they may be penalties, the charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are extravagant and unconscionable in amount in comparison with the greatest loss that could conceivably be proved to have followed from the breach, but instead act in terrorem to ensure contractual compliance and to deter a breach on the part of the Claimant.

 

Insofar as they purport to be services provided by the Defendant, the High Court and subsequently the Court of Appeal have held the services in respect of which the defendant has levied charges are subject to tests of unfairness under the Unfair Terms in Consumer Contracts Regulation 1999.

 

The purported terms imposing the charges levied by the Defendant are invalid under UTCCR because

 

a. They are contrary to the requirement of good faith.

b. They cause a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer in that:-

 

  • Bank accounts have become a basic essential service
  • The Defendant is a wholly dominant partner in a non-negotiable standard-form contract.
  • There are a limited number of providers of banking services all whom exercise similar dominance over their customers in non-negotiable standard form contracts.
  • These banks exercise a collective dominance in the market.
  • The charges of all banks are highly similar in nature and in cost and so the consumer in general and the claimant in particular has no real choice between banking service providers and is forced to acquiesce to the charges.
  • The charges exceed actual costs by several thousand percent
  • They are applied unilaterally in a standard form contract without the possibility of negotiation
  • The Defendant raises the charges or restructures its charging scheme at will without discussion with its customers
  • The Charges are of subsidiary importance to the customer in the context of the Banking Contract as a whole and would not influence the making of the Banking Contract.
  • The customer had no means of assessing the fairness of the Charges at the time of entering the contract
  • The charges reflect a markup of several thousands of percent on the costs of dealing with the claimant's "delinquency" episodes. This is an extraordinary markup for any UK business. The normal markup on the High Street is less than 100%.
  • Many of the Defendants charges are levied on previous charges incurred in preceding months. Therefore the Defendants are themselves causing the impecuniousity which then triggers more charges. Therefore the Defendants have caused much of the claimant's impecuniousity and it is the Defendants who are causing the charges to be levied with a view to their own profit.
  • The Defendant operates its high level of charges in order to cross-subsidise other banking services which it provides to other customers at less than cost price - "free-banking".
  • The charges could be imposed repeatedly and interest at a higher rate could be charged on those accumulated charges
  • The Defendant's charges structure depends upon the impecuniousity and vulnerability of its poorer customers to provide free-banking services for those in a better position.
  • The overall charging regime operated by the Defendant is disproportionately applied to a minority of its customers, often those who are least able to afford it.·
    As established by the High Court and subsequently by the Court of Appeal (OFT v Abbey & 7 Ors) the customer would receive no service or benefit in return for the imposition of charges.
     
     
     
     
    11.In the premises the terms imposing the charges are unfair within the meaning of Regulation 5 (1) and thus not binding on the Claimant under Regulation 8.

 

12. The Supreme Court has indicated in its judgment of the 25th November 2009 that unfairness under reg.5 UTCCR 1999 may provide a basis for challenging bank charges.

 

 

 

 

 

Accordingly the Claimant claims:

 

a) the restitution of the amounts debited in respect of charges in the sum of £ xxxx

b) Restitution of interest charges which have been paid on the above charges in the sum of £xxxx

c) Restitutionary damages to be assessed by the court

 

 

Court costs or other costs as allowed by the court;

I believe that the contents of these particulars of claim are true

 

Natwest Credit Card- £850- WON!!!

Natwest Current Account- £380 (in 1 month!)- On Hold

Mint- £250- WON!!!

Egg- Still waiting on list of charges

CAP1- Still waiting on list of charges

HSBC current account- On hold

IF- waiting...

Barclaycard- £124 WON!!!

 

And now, using what I've learnt from you wonderful people, to CCA the lot of them! (well credit cards at least)

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TBH, I think you would be best advised to wait for the advice from the CAG team who are working on the new POCs.

 

What date do you need to submit a response by ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I'm not sure when I need to respond by. All Corbets/Natwest have done is acknowledged to say they are going to defend.

 

Am I right in thinking they now have another 14 days to file a defence or ask for more time (as the left it to the last minute to acknowledgement).

I got the form number wrong but I think I can still ammend them but can I still do it after the defence has been filed?

Natwest Credit Card- £850- WON!!!

Natwest Current Account- £380 (in 1 month!)- On Hold

Mint- £250- WON!!!

Egg- Still waiting on list of charges

CAP1- Still waiting on list of charges

HSBC current account- On hold

IF- waiting...

Barclaycard- £124 WON!!!

 

And now, using what I've learnt from you wonderful people, to CCA the lot of them! (well credit cards at least)

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URGENT!

I think you may have made a mistake by listing punative damages!

 

You would be better served by claiming unfair charges and an Unfair Relationship under OFT Guidlines 854 relating to the Enterprise Act 2002 where these guidelines interpret Consumer Credit Act 2006. OFT854 is a very powerful documents and will make an iron clad case for the claiming of Unfair Charges of banks.

 

You may ask the court if you may amend your claim but this does put it back another 2 weeks, but I think you should.

 

http://www.oft.gov.uk/shared_oft/business_leaflets/enterprise_act/oft854.pdf

 

regards

 

Ieuan

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Thanks for that- I took these from the Nov 25th update on the templates but I think you have a point there. I'm going ot be ammending them anyway as what is above was not my original POC.

Natwest Credit Card- £850- WON!!!

Natwest Current Account- £380 (in 1 month!)- On Hold

Mint- £250- WON!!!

Egg- Still waiting on list of charges

CAP1- Still waiting on list of charges

HSBC current account- On hold

IF- waiting...

Barclaycard- £124 WON!!!

 

And now, using what I've learnt from you wonderful people, to CCA the lot of them! (well credit cards at least)

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The defendants will have 28 days from date of service if they've acknowledged, but that doesn't mean you have to amend within that time. There's still likely to be a good wait until your case is heard, so I honestly think you will be best to hang fire until we have a new professionally prepared POC which you can use to amend your claim.

 

The only problem might be if they apply to strike out your claim, but without seeing the POC we can'tjudge. Plenty of cases went through MCOL pre test case, but latterly CAG advocated using N1 and serving at court as there isn't the limitation in terms of space, but it's very early days yet so let's see how things develop.

 

In the meantime read up as much as you can so that you fully understand the issues and you'll be able to prepare the strongest case you can, and counter any arguments they may throw at you.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 4 weeks later...

Hi, its been a while since an update. They've sent through a defense that I now need to trawl through. Does anyone know what the next stage is? Should I scan some elements of it and post or PM a mod person?

Its all a bit real and scary now, lots of legalese.

 

Happy Christmas by the way.

Natwest Credit Card- £850- WON!!!

Natwest Current Account- £380 (in 1 month!)- On Hold

Mint- £250- WON!!!

Egg- Still waiting on list of charges

CAP1- Still waiting on list of charges

HSBC current account- On hold

IF- waiting...

Barclaycard- £124 WON!!!

 

And now, using what I've learnt from you wonderful people, to CCA the lot of them! (well credit cards at least)

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You should read the defence very carefully and if yuo don't undertsand it get an admin to help or even take it to a solicitor to help undertsand it. Then you have to decide if you have to alter it.

 

One guy onhere was told by the oppsoite lawyers that eh should provide a remedy for his action and ignored this and lost his case.

 

In English law if you make a complaint to the court you have to provide a remedy i.e. ask for damages or ask for the situation to be remedied. Failure to ask for a remedy invalidates your claim and it cannot be acted upon. make sure you have described the remedy that you require.

 

regards

 

ieuan

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thanks for that. I've had a good read and think I understand. Is there any advice about filling in the application questionairre?

Natwest Credit Card- £850- WON!!!

Natwest Current Account- £380 (in 1 month!)- On Hold

Mint- £250- WON!!!

Egg- Still waiting on list of charges

CAP1- Still waiting on list of charges

HSBC current account- On hold

IF- waiting...

Barclaycard- £124 WON!!!

 

And now, using what I've learnt from you wonderful people, to CCA the lot of them! (well credit cards at least)

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Right, this is a credit card charge claim issued by you, yes ?

 

What AQ is this.. an N150 or N149 ?

 

Some links below might help you complete.

 

 

 

 

Link Financial County Court Summons - N150

 

Directions for N150 or N149 Allocation questionnaire - Paul's guide to N149 & N150 AQ's

 

Allocation Questionnaire...Urgent help needed please!!! - N150

 

Court papers received- what now??!!**WON**CASE DISMISSED - N149 (with draft order for directions)

 

upto the eyeballs v CL Finance No CCA IN COURT ** Help ** - N150

 

The dreaded court claim came today... - N150

 

HTH

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi there, I've sent the AQ and I think it's all ok. Waiting for the next stage by preparing the docs I'm going to use. I recieved Cobbetts AQ yesterday and it is asking for a stay until the Abbey vs others case is resolved. Am I right in thinking this is/was the test case that has indeed been resolved.

 

It makes me think that Cobbetts are just hitting the standard reply button every time.

 

Oh by the way this is for Bank charges, not credit card charges.

Natwest Credit Card- £850- WON!!!

Natwest Current Account- £380 (in 1 month!)- On Hold

Mint- £250- WON!!!

Egg- Still waiting on list of charges

CAP1- Still waiting on list of charges

HSBC current account- On hold

IF- waiting...

Barclaycard- £124 WON!!!

 

And now, using what I've learnt from you wonderful people, to CCA the lot of them! (well credit cards at least)

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Share on other sites

Hi there, I've sent the AQ and I think it's all ok. Waiting for the next stage by preparing the docs I'm going to use. I recieved Cobbetts AQ yesterday and it is asking for a stay until the Abbey vs others case is resolved. Am I right in thinking this is/was the test case that has indeed been resolved.

 

It makes me think that Cobbetts are just hitting the standard reply button every time.

 

Oh by the way this is for Bank charges, not credit card charges.

 

Is this the OFT v Banks case heard in the supreme court ?. If so, judgement was handed down on 25th November last year ??

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I think it is the OFT case, I'll check the exact name when I get back but I seem to remember the OFT case being refered to as Abbey and others vs. someone.

 

The fact that judgement has already been passed (as you say in november) makes me a bit suspicious about their actions. Why ask for a stay until a case has been settled when the case has been settled? Do you think it is a mistake on their part?

Natwest Credit Card- £850- WON!!!

Natwest Current Account- £380 (in 1 month!)- On Hold

Mint- £250- WON!!!

Egg- Still waiting on list of charges

CAP1- Still waiting on list of charges

HSBC current account- On hold

IF- waiting...

Barclaycard- £124 WON!!!

 

And now, using what I've learnt from you wonderful people, to CCA the lot of them! (well credit cards at least)

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Hi there, just need to check something. Although this is joint account I only put my name on the court papers. The maggots at 'Triton Credit Services' (aka natwest) are now constantly ringing for my partner (the other name on the account). Can they do this or is the account in dispute for both names regardless of who is on the court papers?

Natwest Credit Card- £850- WON!!!

Natwest Current Account- £380 (in 1 month!)- On Hold

Mint- £250- WON!!!

Egg- Still waiting on list of charges

CAP1- Still waiting on list of charges

HSBC current account- On hold

IF- waiting...

Barclaycard- £124 WON!!!

 

And now, using what I've learnt from you wonderful people, to CCA the lot of them! (well credit cards at least)

Link to post
Share on other sites

Just got a letter 'General form of Judgment or Order' asking for the case to be struck out as it is the same as the test case. I need to prove it is not but how! Are there new PoCs I can use?

Natwest Credit Card- £850- WON!!!

Natwest Current Account- £380 (in 1 month!)- On Hold

Mint- £250- WON!!!

Egg- Still waiting on list of charges

CAP1- Still waiting on list of charges

HSBC current account- On hold

IF- waiting...

Barclaycard- £124 WON!!!

 

And now, using what I've learnt from you wonderful people, to CCA the lot of them! (well credit cards at least)

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Keasby, can you please confirm if the claim you have against the bank is for Credit card charges or overdraft bank charges ?

 

Thanks

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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They are for a current acount and the charges are a mix of overdraft fees and bounced cheque/DD etc charges.

Natwest Credit Card- £850- WON!!!

Natwest Current Account- £380 (in 1 month!)- On Hold

Mint- £250- WON!!!

Egg- Still waiting on list of charges

CAP1- Still waiting on list of charges

HSBC current account- On hold

IF- waiting...

Barclaycard- £124 WON!!!

 

And now, using what I've learnt from you wonderful people, to CCA the lot of them! (well credit cards at least)

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