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theapoll

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  1. This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. Im not sure but it would be very difficult to stop them reporting this on your credit file. First things first, use tell them the debt is in disrupute and ask for your credit agreement.
  3. Thanks for the replys, i think i will write to both next and robinson way. I did not write a specific letter saying the account was in dispute to next but did ask for by credit agreement twice. Will keep this thread updated wish me luck:)
  4. Just a quick question whilst i deceipher the masses of info on this site:) I had a debt with next, stopped paying (could no longer afford to) and they didnt want to accept any realistic repayment. This was a catalogue and then i got a account card so i could spend in store and this would be added to the catalogue account. So, I dont rember signing a credit agreement for the account but signed a little slip so i could get the card. This was back in 2005/2006. Asked them for the credit aggrement and they sent me a copy of the slip. Asked them again for the credit aggrement- no answer. I am still being harrased to this day by robinson way. So: 1. i still want the original credit agreement should i ask robinson way for this? 2. how can i find out if robinson way are collecting on behalf of next or have brought the debt. 3. should next have given my details to robinson way knowing i asked for the credit agreement? 4. how do i get robinson way to stop harrasing me. They call me 3-4 times a day often every 30 mins! they have threatened me with court but dont take it any further. How can i either get them to drop this altogether, or if i cant get the credit agreement push it through to the court stage so a judge can decide if i have to pay the debt and how much so i can get it out of the way. Ps.debt is for £300
  5. Great news- Barclay have agreed to stop the case and pay the full amount. Also i have let the credit card go £50 into arrers- they are also offering to pay £15 on my behalf if i pay £35! Will post the letter later for t hose of you in the middle of taking action against Barclaycard!
  6. hi i haven't put together anything yet starting this now. As far as i know there was no dead line for submission but i haven't been able to concentrate on this case until now so im hoping it will be straight forward.
  7. Ok a court date has been set for 17th November. Here is their defence: 1. Barclaycard (BC) is a trading division of Barclays Bank plac and not a legal entity in its own right. 2. They admit i have an account with them. Extent that it is alleged claimant has occured charges for unauthorised borrowings is admitted that such charges where debited form the account. however defendant puts the claimant to strict proof of each charge and thereof. note: i take it my proof is my credit card statements??? 3. Defendants terms and conditions- have been accepted-- 4. Responsibilty of the account holder to monitor account and ensure payments made on time. 5. Terms are fait and transparent view od the obligations and entitlements set out in paragraph 3 above including when chrages will occur. 6. if claimant does not make/ to late/ monthly payment- constitued as breech of terms- charges from the account constitues a liqudated damages clause is denied. it is denied the the legal prionciples governing the enforceabillity of liquadated damges clauses applies or is relevant to the cahrges as alleged by claimant. 7. Bc deny charges are unlawful and/or breach unfair terms in a consumer contracts regulations 1999 ot 1996 or any other provision. 8. i broke the terms and conditions by failing to make payments or not making them in time so defendant avers that the charges were nonetheless valid and enforcable. 9. bc deny charges were unlawfully debited form account. 10. dbc say they are entitled to debit any charges from the account. 11. they edny charges are unduly enriched. 12. they deny they are liable fo rt he sum slaomed and interest as pleaded or at all. 13. in the alternative, and without prejudice to pararagrah 9 above, which is denyiedd- bc has suffered loss so will seek to recover actual loss. Thats the quick version. Do i still have a case? while they deny this they have already refunded about £40 onto my credit card with out accepting liability- apparently this is the differnet between each charge and the limit the oft ste- i.e charge for £20, oft say £12, so they have givin me £8 what do u guys think?
  8. if you money claim- ive done the whole process trough my local county court
  9. Havent posted for a while but no change. Natwest seem to be completely ignoring the situation altogether. Il be doin some reading tonight to find out what my next step will be.
  10. Well 'Don Quioxte' Im not too confident about this not reaching court. Ive now being sent an allocation questionaire to return by 15 Septemeber. I will post Barclays 'defence' tomorrow. They've also stopped requesting my direct debit to pay my monthly payment- could they be trying to make me look bad? Please read tomorrow and till be what you guys think.
  11. Barclaycard had till the 31st to acknowledge the claim and have done so. Luckly ive now found my statements from when i opened th account so will be writting to them to ask for the rest of my charges back.
  12. Well I made my Court claim on the 17th and Natwest had till the 31st July to reply which they havent done so ive put in my claim for payment.
  13. yes- just asked nicely for my charges back and gave them 21 days but ended up being an extra 19 days and then just handed in my form. Your result will depend on how much your claiming as to how far they take things. When i didnt stick to my deadline i guess they thought i had forgotten about it- stick to your guns and the time limits you set.
  14. I was lazy and left in late but handed in my N1 form to my local county court on Friday 14th July, this was deemed to be served on Monday 17th. A fat cheque arrived for the full amount- £160 this morning! I cant believe it! Of course- NatWest feel i have no case whatsoever but due to the amount it is 'not commercially viable or cost effective' to defend the claim. I must not disclosed any information (oops!) and must withdraw my claim. Thanks to all those who set up this forum. I will be writting to NatWest to thank them, but maybe they should have taken me seriously in the first place! Again thanks to all- im lookin forward to fixing my car!- After a donation of course. WooHooooooooooooo...........
  15. Hi all- a update on my case After promising to get back to me before the end of June I finally put in my claim against Barclaycard which would be deemed as served on the 17th of July. Conveniently, Barclaycard have now written to me today claiming to be responding to my previous letter. Anyway the same old story- they are sorry I feel the charges are unfair, they believe they are yadayadayada. They are prepared, as a good will gesture to refund the difference between the charges and the £12 fee recommended by the OFT. Just £42! They also claim this takes into account previous refunds in charges. What rubbish. Yes I have had previous refunds which I’ve had to fight for including to recent ones. My card was used fraudulently in a pen shop in Oz- this pushed my balance over the limit, was paid immediately but I still got 2 charges within 10 days of each other, of course I was going to complain. I have heard nothing from the court. Even though they say they are refunding the money to my account immediately should I still wait to see if they acknowledge the claim? Also since the money came out of my pocket I don’t see why I shouldn’t get it back this way rather then to my credit card. Can I ask for this/ is it my right?
  16. anyone claimed money against Natwest CC?
  17. Thanks for your help. A credit agreement was sent through the post. The request for a copy was ignored. Another thing- i dont mean an order- i mean simply applying for a catalogue- filling in your name and address and then them sending you a catalogue before any ordering starts.
  18. Slightly off topic. Say if you take out a catalogue with a copy- by filling in a card or by providing your name and address over the internet. You then get the cataloguem, later a copy of the terms and conditions (the credit agreement). If later you ask for a copy of this and it is not provided- can the company say because the catalogue was applied for over the internet- that is the contract? If this is true was there a cut off date- i.e when did this become law. Finally whether its true or not dont they have to provide you with a signed credit agreement if you send them the £1 cheque? If nobody can help any suggestions of website where i might find these answers are welcome.
  19. For those who have started court action against Natwest credit card service- who have you issued court action to? The only addrees ive got is the PO Box number at South on Sea. Will this delay my claim? Ive tried asking politely for my money. THey wrote to me advising me the answer was no, but in 8 weeks if i was still not happy with the reply they would help me contact the Financial Osbudman (excuse the spelling). Cheek!
  20. Recieived statements today. I cant believe they sent this next day delivery but yet the envelopes were in a right state with one torn open so you could see the information inside. I do hope if any fraudulant activity happens Crap 1 will be the first to apologise. I did take phots just in case. Alot of rubbish i didnt really need. Worked out that they owe me £250 in charges. But there were about 5 missing statements. When i ask them for the money back ( this monday coming) i will be asking for the miising statements-but is there someone i can complain to? particulary considering the state they sent them in. They couldn/t even be bothered puting them in the right order.
  21. Its the only time this has happened to me- how do i go about informing the Information commisioner?
  22. I received my statement from Grattan today along with someone elses. I know this must have been a mistake but is there any one i should inform?
  23. After my initial 'excitement' nothing has been sent and their 40 days are coming to an end. For all of you who have made DPA request how quickly did you get your statements?
  24. Well I did not call but sent them another letter which both Natwest bank and credit card branch ignored so im handing my N1 form at my local court tommorrow.
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