Thanks for the scan mrbrooks. The T&C's are not the 2000 version but appear to be dated 09/10 so they, obviously, do not have the originals or can't be bothered to find them. Thanks anyway. regards

Are you still there mrbrooks?. Can I ask again that WE get a look at the T&C's they have sent to you?

Subject: Fw: Barclay Bank - This is Brilliant !!! This is true!! Be sure and cancel your credit cards before you die! This is so priceless and so easy to see happening - customer service, being what it is today! A lady died this past January, and Barclay bank billed her for February and March for their annual service charges on her credit card, and Then added late fees and interest on the monthly charge. The balance had Been £0.00, now is somewhere around £60.00. A family member placed a call to the Barclay Bank: Family Member: 'I am calling to tell you that she died in January.' Barclay: 'The account was never closed and the late fees and charges still apply.' Family Member: 'Maybe, you should turn it over to collections.' Barclay: 'Since it is two months past due, it already has been..' Family Member: So, what will they do when they find out she is dead?' Barclay: 'Either report her account to the frauds division or report her to The credit bureau, maybe both!' Family Member: 'Do you think God will be mad at her?' Barclay: 'Excuse me?' Family Member: 'Did you just get what I was telling you . . . The part about her Being dead?' Barclay: 'Sir, you'll have to speak to my supervisor.' Supervisor gets on the phone: Family Member: 'I'm calling to tell you, she died in January.' Barclay: 'The account was never closed and the late fees and charges still apply.' Family Member: 'You mean you want to collect from her estate?' Barclay: (Stammer) 'Are you her lawyer?' Family Member: 'No, I'm her great nephew.' (Lawyer info given) Barclay: 'Could you fax us a certificate of death?' Family Member: 'Sure.' ( fax number is given ) After they get the fax: Barclay: 'Our system just isn't set up for death. I don't know what more I Can do to help.' Family Member: 'Well, if you figure it out, great! If not, you could just keep billing Her. I don't think she will care.' Barclay: 'Well, the late fees and charges do still apply.' Family Member: 'Would you like her new billing address?' Barclay: 'That might help.' Family Member: ' Finchley Memorial Cemetery , Great North Road, Finchley, London Plot Number 1049.' Barclay: 'Sir, that's a cemetery!' Family Member: 'Well, what the f*** do you do with dead people on your planet?'.............

Good luck with your claim mrbrooks. I will be starting a claim myself in the new year and would very much appreciate a look at the terms and conditions that they have sent to you. Do they claim that they are the t&c's that WERE in force in May 2000 or WOULD HAVE BEEN in force at that time?. Are you able to PM me a copy?.

Donation now processed. Thanks again CAG

Monies received into my account today. Job done and donation on the way. Happy Christmas one and all. regards FCC

Thanks Slick, yes I am quite pleased with the result and I must pay testimony to your invaluable advice given, both publicly and by PM, thanks a lot mate. I will be signing and sending the paperwork by RD today, without a confidentiality clause. I don't see any advantage in holding out any further for the monies to be paid in total, into my Santander account as I would have been paying off the BC account into which half of the monies are, in fact, being paid into. This has been an excellent result and I can now turn my attention to Cabot who, allegedly, now own the other account. Following that it's Capital One so I will be back for more assistance, if that's alright with you Slick. For dx, before you come chasing I will be making a donation in return for all the help I have received and may I thank all those others whose support has been gratefully received. Cheers all and a Happy Christmas to everyone.

A very quick response............... We are comfortable with your proposal for us to make the £892.19 payment to the Mastercard account #7004, rather than splitting it between the Mastercard and Visa account. However, we require that you sign our settlement letter prior to us processing the settlement payment. Given that part of the settlement payment is being transferred to an external account I am not prepared to guarantee payment by 22nd December 2011, however upon receipt of your signed settlement agreement I will action these requests within 1 working day. Please note that transfers can take between 5-7 working days before they clear on your account. I have attached a new settlement agreement reflecting the changes to the method of payment suggested in your email. I look forward to hearing from you.

Thanks, praise indeed, not that I was seeking any. regards

My response by email today: 15th December 2011 Dear I thank you for your response by email dated 14th December 2011. I am disappointed that you feel that cannot agree with my assertion that you are prevented from setting off the sums to be paid under the settlement of my claim against Barclays Bank Plc. The authority for my views is the case of Edlington Properties v Fenner & Co. Ltd. ( 2005 ) EWHC 2158 ( QB ) which affirms this position that the assignor has no right of set-off to a third party ( assignee ) for a damages claim brought against it post-assignment, as any equitable set-off in this regard is personal in nature and the debt sold is not transferable subject to it. Further information on the right of set-off can be found on the Financial Ombudsman’s site which clarifies, in layman’s terms, the rights of banks to take the action that you propose in your settlement eg: Banking: firms’ right of set-off. Further, I draw your attention to The Unfair Terms in Consumer Contracts Regulations 1999: Schedule 2 1. (b): inappropriately excluding or limiting the legal rights of the consumer vis-à-vis the seller or supplier or another party in the event of total or partial non-performance or inadequate performance by the seller or supplier of any of the contractual obligations, including the option of offsetting a debt owed to the seller or supplier against any claim which the consumer may have against him; I had hoped, that as we are getting closer to settling this matter, we could progress beyond this point. I am content to accept your offer of £1790.80 subject to the following: I require you to pay the sum of £898.61 into the Mastercard account **** The balance £892.19 to be paid into my Santander Bank account. Further to the above provisos I require you to fulfill the above by no later than 22nd December 2011. In this age of computer technology I can see no reason why this cannot be attained by a few keyboard strokes and a measure of goodwill. I will agree to the above in full and final settlement of my outstanding claim and will, upon your fulfillment of my requirements notify the Court of the discontinuance of my claim. If, in the event that, you are unable to accept the proposed settlement of my claim, then I reserve the right to continue my court claim against Barclays Bank PLC for the full amount claimed and a Wasted Costs Order. With regard to the account Visa ****, you no longer own the alleged debt and have no right to withhold monies in respect of it. If Cabot Financial wish to pursue me for an amount of money, they allege that I owe them, then that is their prerogative and a matter for them to contend. I look forward to your response. Yours faithfully, Over to you BC 　 　 　 　 　

yesterday I drove the 35 miles to barnstaple to submit my AQ only to find that I have to apply for fee remission at every part ofm the claim procedure so I look forward to another drive through the storms. However I did receive today by email the following: We do not agree with your assertion that we are prevented from setting off any sum paid in settlement of this claim against debts already owed to Barclays Bank Plc. However, in order to avoid the inevitable time and cost associated for both parties in pursuing this claim further, we are prepared to renew our offer of £1790.80, subject to the terms set out in this letter. We are prepared to make a payment of £892.19 to your Barclaycard accounts and a seperate payment of £898.61 to your Santander Bank account in full and final settlement of this claim. The payment to your Barclaycard account represents the charges, which are subject to your claim, plus interest at the payment rate of 22.9%. Each payment will be made to the respective account on which the charges accrued( £446.09 to Visa 3006 and £446.09 to Mcard 7004 ). The offer to pay a total of £1790.80 in the above fashion is in full and final settlement of the whole of your claim and is strictly without any admission of liability on our part. By accepting this offer you acknowledge that you ahve no further claim relating to the charges listed in your Schedule of Charges or any future claim for interest relating to those charges. We are not prepared to make a declaration that the sums claimed have been wrongly applied to your accounts. we make the above offer without any admission of liability and we are fully prepared to defend each of your claims. etc etc etc Getting closer. Will post my reply after some thought as to the best way to bring this claim to its conclusion. regards

Sent by email today: It would appear from the total lack of response to my email of the 8th December 2011 that your declarations that you wish to negotiate an end to the above claim are untrue. I will therefore be entering my Allocation Questionnaire to Barnstaple County Court tomorrow for consideration by the District Judge. A copy will be sent to you, as a courtesy, by recorded post. Yours faithfully Cc: Court Bundle

Once again-silence!. It would seem they are not that keen to negotiate and end this matter so it's finish the AQ and drive to Barnstaple tomorrow.

Please help me here with the Draft Order for Directions. I copy them verbatim? and the send them in to the Court?. The proof that I provide is then included in the Court Bundle which I must submit within 14 days of the hearing after the judge has approved, or otherwise, of the directions?. The statement of evidence is item © in the DOforD and here I answer their defence?. Hope you can make sense of this? regards

Report nuisance telephone calls immediately...The little known 1477 service... After receiving notification & a congratulations call that I had won an ‘all expenses paid cruise to Florida’ today simply by pressing 9 on my phone, I remembered that I read once that If you ever got a nuisance telephone call you can get a trace facility put on your line. When you get such a call simply dial 1477 immediately after the call and a record of the call is logged. You must do this within ten minutes of the call for it to be valid in law. Essentially this number generates a special fault in the switch which passes the details to a monitoring system. This spots this type of fault and routes a copy to a malicious call database. Information is taken straight from the switch and the caller cannot mask their number. Power diallers are spotted against a list and usually receive a 'request to stop' sent from your service provider. Other sorts of callers of a more sinister or nasty nature may get a visit from the police. The 1477 service simply identifies & logs the calls on the network as ‘nuisance’. This is only for the identification of nuisance/malicious calls, hence the number is not circulated as it is only usually given in relevant circumstances as overuse of the system would dilute its' effectiveness in identifying true malicious calls. Because it needs to be supported by a Police investigation into the nuisance or malicious calls, once you have a crime reference number and have identified 3 calls using the 1477 system the investigations Office can contact your service provider to obtain the necessary details to trace the calls. As nuisance calls are a criminal offence under the Telecommunications Act this needs to be investigated by the Police and the necessary actions taken in consideration of the law. After service providers provide any information necessary it is the Police's responsibility to investigate such issues. It's great when all you can easily seem to get in this world is advice. It's also great when it is free. Wouldn't it be better if having followed all the advice, like being ex-directory, on the telephone preference service list etc, etc, you didn't actually still get nuisance calls? Oh yes, you have to pay for things that work, like 'anonymous caller rejection services' & the like. Come on lets have this kind of thing for free too. That would be useful wouldn’t it?