Anybody?

Question) I have received the monies into my account, how does this affect my court claim? Do I deduct the amount off the schedule they have put back in, or just carry on as if I have not received it assuming they will deduct this at a later date?

I am trying to claim the charges back on my account. I had all the statements and wrote them a prelim letter along with charges schedule, sent it to them recorded of which they received. They have not acknowledged my letter in writing, continued to write threatening letters, on occassion threatening phone calls as I have a call monitor now on my mobile with a specific message telling them they are harassing me, which has lessened the frequency of calls. Although I did have one message left stating that they had received my letter re charges and to call them...well I don't call anyone or answer any of the calls (just too stressful). Here is the letter: Also the original amount was for £20 or so and has spiralled out of control now. So what is my best route of action with these people? I based this letter on my Barclaycard prelim letter and it's been now over the 14 days, should I bother writing to them again with an updated schedule? Or should I just go straight to filing court action or do I go to FOS for what it's worth by what I understand. Any advice would be greatly appreciated!

Hi Slick...thank you for the words of encouragement, unfortunately the stress has knocked me on my arse these past few weeks, so haven't got any further but I building up momentum. I also now have Creation on my back! I am gonna start another thread for that don't worry!

No, I haven't submitted yet. They gave me 8 weeks to submit to FOS. Just not been able to : (

Excellent! I am passed their 8 weeks does that make a difference? I will be doing it but I have to go to my sister who is much more used to dealing with forms. I need support unfortunately and yes it will be good to get it over with before my body conks out...the forms are stressing me so much I am have to tablets everyday to stop me combusting from the inside out! Thank You Slick : )

Question - Is it illegal to have a recorded message on a mobile informing the person who is ringing i.e. BC, mercers or calders (passed to them now) that their number has been logged for harassing of a debt? I am so tired, ill and haven't managed to submit court action against bc, I can't take the daily calls they are stressing me out so much that I am becoming extremely ill. I found an application for my phone called advanced call manager which I can put all the numbers that call and dedicate a particular message too. Would appreciate any knowledge that would help me...

Okay, the fee for submission is it based on the total amount including compound interest? If so will I get that back at all?

Received Letters back from BC What's my next step...court?

Done and posted We wait to see what next and yes I will stay positive. Thanks Slick

Ooo that told me Can't blame a girl for trying to get an answer to the questions feverishly buzzing around in her bonnet from someone...but as it happens you answered anyway...bless you slick you are a star!

Just my two pennies worth.... I have had 3 accidents and 3 write offs in my driving life, all caused by third party. The first I went through my own insurance...nightmare but with persistance on my part, I did get what the car was worth even though car rare to re purchase. The second I went through my own insurance and switched to thirdparty and swore never again would I go through my own as they want the excess money and you get very little help with the process. Going through thirdparty, I got the value of my car, plus because I had taken out on my own insurance the legal costs if I was injured of which I was...got a year of chiropractic treatment and £14,000 compensation (took over a year to get it but it was truly appreciated.) The third accident was similar to yours, guy wrote off my Scenic Megan which was parked outside my house, old and hundreds of miles on clock, pretty much aware of the routine by this time. I bought the car only months before for £750 quid I got back £1300! This was done by being persistant and researching every area where you could buy this car and supplied them with a list of all the cars I could replace my vehical with at the top wack price not just the bottom price, and then get my figure from the average. It has to be almost identical to what you lost and if you can't find it even better because you would need more to actually do so! Remember it was not your fault some silly sod wrote your car off so why should you be inconvenienced by their actions? Same would apply for the child seat. Took two weeks to settle and get my cheque. Not that I am intending to be written off again, but I would never go with my own insurance again because they just take the ****, want loads of money up front and do very little for you! Plus the other thing.... If the guy/gal admitted responsibilty then it should be straight forward. You get thirdparties insurance to give you hire car, if they say it's for a set time then you make sure they give you one until settlement. They caused it not you! Not sure about the partial settlement but it's worth a try, but remember everything in writing do not agree anything over the phone unless you are sure that can replace your car, sometimes you have to fight for it, but they eventually do give in. The other thing is if you were protected, watch your no claims bonus, make sure your insurance company does not penalise you for someone elses mistake...oh they try that too! Good luck!

Thanks Slick... Could you advise me best how to word this letter in this case as they have said the following: "Barclaycard are prepared to credit you with £xxx and £xxx contractual interest in full and final settlement of your claim. This refund will be reflected on your next statement." 1. I want to accept the offer as partial payment only and make sure they clearly understand this. 2. I will go to court for the rest if they won't coff up. 3. Claim for the full 10 years not just 6 years. (Hopefully I understand this correctly but I have seen some people get told that they claim further back than six years due to Limitation act 1980, although I can't see BC stating this in my letter, I would like to pre-empt their response with Section 32 of the Act.) Correct me if I am wrong. 4. Re affirm that the Account is still in dispute 5. and get the Mercier monkeys to stop ringing me and texting me everyday. 6. anything else I might not of thought of... Sorry big list... PS. you can just point me into a direciton of a suitable letter template

Oh Fenris don't think negatively! Be positive flower, they may say they are going to defend at this moment just to see if you will back off but most of the threads that I have read who have pursued suggest most banks pull out at the end and that's what's gonna keep me going

Thank you slick always appreciated! I noticed that you say either accept or not accept and pursue for the full amount of charges past 6 years by going to court. I have put up another thread as I have seen quite a few threads say that they have accepted as partial refund and will continue to pursue, I just wonder if this is an option also for me? My thinking is that if I get something back now and I continue to court and the court rules against me, I have had at least something, but if I take it all the way to court and refuse what they have offered so far and the do go all the way and the court rule in their favour then I really have not gained at all. Do you see?

Hi Peeps have BC acknowledge that they owe me money first stage. I have noticed whilst on the forums that when a credit card company has offered their claim, some folks have written back, accepting as partial refund and will continue to pursue the remaining. My question is if you have been one of those what was the consequence of accepting a partial refund with pursuit for the rest, have you still gone to court? Does it have a baring on the case? Is it better to just refuse and continue on to the very end? Appreciate any answers as I have to make my decision....

Hi Probably a stupid question, but I am having to fill out the FOS application form, I hate forms at the best of times and well I am not sure whether at this stage if I put a brief synopsis or a full account down. If the latter, then I am not gonna fit it all in the little box supplied! Plus all the documentation to back my case, again, just a synopsis or everthing pertaining? Here is my thread pertaining to my complaint I would truly appreciate any tips!

What do you mean by "a copy of the original", do you mean original T&C or agreement? Well if the former then no I never recieved a copy of the original agreement, as for updated T&C's each time they changed the rate (and changed the rate they most certainly did) most likely but like everything it probably came mixed along all the other crap they send and disposed of! So I can still state that I believe these accounts (as there is MC as well) are in dispute? The reason why I ask is that I want to be sure of what my situation actually is especially if I get caught out or finally take a call some day from Mercers, I can at least say it's in dispute...hope this all makes sense? Thanks for info Rebel, I appreciate everyone's point of view.

Thanks Rebel Bless you for taking the time to advise me on Mercers, I am have sent numerous letters such as you have posted, even handed the guy who visited. Yet they still don't let up. I think what I am having is a hard time trying to grasp and still very unsure of my position is the following: So far situation as stands: 1. Unable to pay monthly payment since April 10. 2. Informed them of such. 3. They don't offer me any solution and continue... 4. To get their debt collectors to hassle me everyday by either telephone, text message and a couple of door step calls regardless of standard letter sent informing of harasment (one of which I handed the letter). 5. Requested signed copy of true agreement...they sent copies of T&C and a blank agreement, no details or signiture, they feel they have supplied me adequately. 6. I believe the account to be in dispute as a result, they don't believe it is yet upon... 5. claiming charges back to 2001 (clearly thry only go back 6 years) have offered me something which of course I will not accept. Does this not suggest by their offer, that actually we are in dispute? If so is that not enough to get Mercers to stop calling? It so sets my nerves on edge! Oh I received a letter from Mercers pay at least 3 payments and we will pay 2 of them! Idiots do they really think i would fall for that? Im hanging in there just want to confirm that I write back and tell them either to get stuffed or only accepted as partial settlement.

Had a look through forums whilst waiting for reply and I see a few people have written back saying they accept figures as partial payment but will pursue for full amount, should I be follow a similar route? Mercers are still ringing me daily as clockwork and the threatening text messages come every few days still regardless of the fact they have acknowledged my claim, should I include this in the letter too?

Have found the budget planner works or excel version but links doesn't work. Just takes you to another page with a list of sites. Anyone know where I can down load this file?

UPDATE: I have had a response back from my charges claim for both accounts. They are prepared to credit me with a set figure and contractual interest on each and final settlement of my claim. I haven't agreed anything. They also enclose a schedule of charges...which they have only taken back to 2004 and not 2001 which is the year I started my claim from.... What is my next step?

Thanks Slick I will go have a look for it.

How would I demonstrate it? I am self employed, I do have accounts however they are so bad for the past few years because of the "recession" and my illness as a result I have benefits for the roof over my head only, any other income has been from selling what I have to cover bills. Any suggestions as to what kind of documents would I need to provide?

Cheers peeps...sounds like a therapy link to get over the DCA abuse Just what I need