I haven't put a complaint into NRAM yet because I'm trying to sort out an issue with the DWP underpaying my interest so want to wait until that's sorted then I'm going at them both guns!

I have to view MSE in small doses I'm afraid, my blood pressure can't cope with the amount of self righteous morons it attracts

Because there is a neurological component and in DWP world neuro=mental. Truth is, as there's no definite test (eg scan, blood test) it is still viewed by many medical professionals as being 'all in the head'.

I am definitely pursuing the PHI, it is worth £1,200 per month so would mean I won't have to claim benefits. Given that I've been trying to get it since October 2011 if I do then there should be quite a backpayment.

The whole system is a farce. I've been discussing it with my ME/CFS specialist and we both come to the conclusion that it needs to be tried in court as diseases like ME/CFS and Fibromyalgia are confirmed by the WHO to be both Physical and Mental yet the DWP don't agree.

I think I've confused you regarding the insurance. That was PHI with Friends Life who refused to payout on spinal damage as they said I couldn't prove I was in pain! Regarding Barclaycard, I've written to Mercers asking why I've had this demand when less than two weeks previous I had entered into an informal agreement. I still await an answer. Should I be able to get a copy of the original CCA with a tick box or not?

I've just witnessed something that has my blood boiling. My 60 year old mother went into Barclays to pay bills and she was given the hardest sell I've seen. Worse that a doorstep salesman. First they INSISTED she changed her savings account, then they called her irresponsible for not having a 'Funeral Insurance'.. . then they told her to cancel her house insurance as they're always cheaper. I was getting more and more annoyed.:mad2: Luckily my mother could stand her ground but they said they would phone her anyway, they even checked through her accounts to see WHO she might be paying insurance to! This was in a busy bank and she was very flustered. Then it dawned on me... this is exactly why I ended up with an Additions Account that is absolutely useless to me. I was told I needed it for an overdraft and that it was the only way to be sure my mobile phone was safe (they checked to see that money was going to O2). I've been paying since it first came out, at least 10 years. I once tried to claim but was told I needed the original receipt for my camera and that a printout wouldn't do! I've tried to cancel but was told I couldn't. Now I'm out for revenge. Has anyone tried to claim account fees from Barclays? Any advice?

This is where I sound stupid but what does it mean if they don't. I thought that executed agreements weren't needed any more, especially as this is a post April 2007 debt.

To be honest, I thought they had. I'm naive when it comes to this, I should understand it but my legal background is in a different area. I must have applied for it online as it was an Egg card so there wouldn't be a signature. I just assumed, maybe somewhat wrongly, that the information complied. I could always scan it if it's useful; after all, there's only one line needs redaction!

Right - My CCA has been received! I came from Barclaycard and not Mercers, to whom I applied. It consists of (italics are my thinkings): A single page containing a box with "Your Right To Cancel... blah blah short time info" with my name and address underneath. The rest of the sheet is blank, no info about what this relates to. THIRTEEN sides of A4 of Egg Credit Card Agreement, I'm only referred to as "you, the person who signed this agreement". No personal details at all. Credit limit "We will set and tell you the Credit Limit from time to time". APR at 16.9% given. THREE A4 sides of Barclaycard Conditions, with my name and address on at the top. No Credit Limit. APR at 21.9%. Page 2 marked "Creative Visual" and says it's an initial creative visual and hasn't been checked, to paraphrase. Letter that came with it has lots of legal guff, saying that the Absolute Assignment has been sent to the relevant dept and they will reply directly. States fees, APRs et.c in the supplied documents differ from those on my account. Also says "We know that your account is not in dispute because of any delay in providing your copy documents as Section 78 (6) (b) was repealed on the 31st May 2008". It gets interesting when they give me a statement of account. The Credit Limit is wrong, way off (less than I owe!), and my current balance is over £3k less than it should be! I'm thinking they don't know what they're doing!

Exactly, I had my assessment in December 2011 and the Tribunal in November 2012! Even though they could see I was worse they kept explaining that it HAD to be based on December 2011. They were just as frustrated as me, especially as I had a first Tribunal in March that had to be delayed as the DWP had provided zero medical evidence or included some of my illnesses!

Cleaver, the DWP will always try to say you have to get a job. I have a list of illnesses so long I could write a book. I literally have days when I can't get out of bed to pee or wipe my bum on the toilet. I was told I was fit for work. My tribunal put me in the WRAG only because they had to base it on how I was a YEAR before the tribunal. I'm now applying for SG because I've gotten much worse. I know people who are in the SG just because they get angry when under pressure, it's not so much to do with illness as how it would cause a problem in the work environment.

They've done exactly what I was expecting. Bounced a PayPal payment from earlier in the day and prioritised their interest instead. Well, that's the last I use you Barclays.

I am going through the same as you, almost identical although I came off the pain patches due to allergy and now take Oxycodone. You first need to ask for a Reconsideration from the DWP, include as much information as possible as to how you meet the Support Group criteria (maybe the Special Circumstances part). If you get turned down, which you probably will, then you need to GL24 form it and this leads to a SECOND consideration. If they still reject this then you get forwarded to the Tribunal Service. Do all this as soon as possible as there's 28 day timelimits. You can't appeal to the Upper Tier Tribunal unless the Tribunal made an error of Law, rather than an error of judgement. Always remember that it's the DWP staff that award benefits, then can even try and reject the findings of a tribunal if they're feeling brave (and stupid). I know all this because I'm just waiting for a tribunal date.

Aaaaand the **** bags have just done it again. £42.83 interest applied which pushed me OVER my agreed overdraft. As I have no Reserve anymore I'm interested to see what happens. If they take my benefits away on Friday I will launch into one heck of a hissy fit! Time to call the DWP and get the bank details switched over... been trying for two days mind! Put it this way, if anything important bounces while they can happily apply interest without it bouncing then I think they'd have a serious case to answer.

It won't, I went into arrears because the DWP forgot to put some cash in. Once it was sorted I phoned them and even though I'm over £2k ahead on the secured part I couldn't transfer any to the unsecured or draw it down. You need express permission not to pay, even when in credit.

It's all done for you these days, you have to tell them who it's for and they do it electrically. Stuff that!

They did EXACTLY the same to me and to make it worse they'd wait until I was just above the reserve and then decide to issue the account fee, reserve fees and interest all at once. It seemed almost strategically timed to be between my mortgage going out and benefits going in. I complained and got all reserve fees back and the reserve cancelled. It just took one letter. They still refused to believe I was in Financial Hardship though as I'd spent on things I 'didn't need', like a phone contract (I live alone and am disabled).

The actual Certificate of Posting. He said that because he saw me put an uncrossed PO in there it has become 'cash' and therefore he couldn't issue it. He stuck a stamp on it and told me to put it in the post box outside! The other letters he gave me certificates for and posted them inside the Post Office! Daniel

I think I can now post links so here goes: Industry look at 2006 CCA changes - http://www.wragge.com/alert_1294.asp Solicitor's opinions on the 2006/2008 changes - http://www.morton-fraser.com/publications/articles/262_the_consumer_credit_act_2006_and_the_new_regulations The CCA 2010 Regs re: Modification - http://www.legislation.gov.uk/uksi/2010/1014/regulation/5/made They all point to any changes automatically quash the earlier agreement and create a new one. Even taking a month's payment holiday should do this as it changes the monthly payment amount.

I don't think there's any group action as yet, people are waiting to see what happens. It's all very 'cloak and dagger'. Daniel

Interesting, the Post Office refused to give me proof of posting on the letter with Postal Order as it was classed as cash! Luckily I posted two other letters at the same time so with PoP for those along with Proof of Purchase I would have reasonable argument if needed.

I just initialled it in 'plain' handwriting as I do with all letters to creditors. I've had things refused due to lack of signature before so if they query initials I can point to the fact I have medial evidence I can barely hold a pen to make my mark!

Thanks, I am going to do that first thing!

29/06/2007