Fan-bloody-tastic

Wow chezt good going! I think you're doing fab, just keep on at them. They've kind of admitted liability straightaway by offering the lot as vouchers...I think they've shot themselves in the foot by doing so. The choice is yours as to whether you accept and close the 'deal' or continue for the contractual bit. My thoughts are that if you just keep on with the process and file a claim, they'll cough up the balance too....really don't see them defending their way out of this one. Good luck

Woooohooooo! Fantastic new, I am SO pleased for you! Congrats!

'Late Payment Refund' of £134.39 has hit my account on checking today :grin: Donation made, survey done....NEXT?!!

Scaring tactics I believe, Canks...likewise, if they've got nothing to hide and are not in the wrong, why have they been offering you money as a gesture of goodwill? Keep on at it...will be keeping my fingers crossed for you...

Given my small (but significant to me) first win against Barclaycard, I've called them up to ask them to settle my Bank claim. They said they can't so I've emailed them this: Dear Temilope (Fatogun), Further to my conversation with you earlier, I will be sending you the letter accepting your full settlement payment for my Claim Ref: xxxxxx for £134.39 without any terms attached. I will inform the court that the claim is discontinued, once I have received payment from you. May I also bring to your attention my other court claim with you: Ref: xxxxxx, issued at Aylesbury County Court, for £2195.77 plus court costs and daily interest until the date of judgment or when the case is settled. I also mentioned this claim in my conversation to you as it was deemed served on 04 November 2006. I would like to remind you that the court and indeed I, do not wish to have our time wasted by needless delays and insufficient offers. I will be taking this claim all the way to court, and you will have seen from the documents you received in support of my Barclaycard claim for my hearing, that I have not entered into this claim lightly either. You will be receiving a similar bundle should the case be issued with a hearing date. I am well aware that you have been settling such claims before they reach a hearing, purely because, as you put it, you 'recognise the sum that is at issue between us is relatively modest and as such, is not cost effective for either party to take this matter to trial'. With this in mind I would ask you to consider settling my Barclays Bank claim swiftly to avoid unncessary to-ing and fro-ing, for the sake of fulfilling protocol in your department, which will ultimately end up in you offering to settle before the hearing is through anyway. I would ask you to consider this option very carefully. If you settle this claim within the next 7 days, I am willing to waive the daily accruing interest which is mounting as we speak. Otherwise I will, and hope, to see you in court. Yours sincerely, Mrs Crash cc: Aylesbury County Court Let's hope it makes some waves

Thanks Neil, I spoke to the lady who sent me the letter, and asked her to settle my Bank claim too, but she said they couldn't and had to go through the 'process' so I sent them this: Further to my conversation with you earlier, I will be sending you the letter accepting your full settlement payment for my Claim Ref: xxxxxxxx for £134.39 without any terms attached. I will inform the court that the claim is discontinued, once I have received payment from you. May I also bring to your attention my other court claim with you: Ref: xxxxxxx, issued at Aylesbury County Court, for £2195.77 plus court costs and daily interest until the date of judgment or when the case is settled. I also mentioned this claim in my conversation to you as it was deemed served on 04 November 2006. I would like to remind you that the court and indeed I, do not wish to have our time wasted by needless delays and insufficient offers. I will be taking this claim all the way to court, and you will have seen from the documents you received in support of my Barclaycard claim for my hearing, that I have not entered into this claim lightly either. You will be receiving a similar bundle should the case be issued with a hearing date. I am well aware that you have been settling such claims before they reach a hearing, purely because, as you put it, you 'recognise the sum that is at issue between us is relatively modest and as such, is not cost effective for either party to take this matter to trial'. With this in mind I would ask you to consider settling my Barclays Bank claim swiftly to avoid unncessary to-ing and fro-ing, for the sake of fulfilling protocol in your department, which will ultimately end up in you offering to settle before the hearing is through anyway. I would ask you to consider this option very carefully. If you settle this claim within the next 7 days, I am willing to waive the daily accruing interest which is mounting as we speak. Otherwise I will, and hope, to see you in court. Even if it doesn't get a response, it may just rock the boat along slightly!

Sent them the court bundle (all 167 pages!!) on Saturday by recorded delivery. I expected them to receive it on Monday, but having checked Royal Mail it was only received today. Anyway, this morning I received a letter from them: 'We recognise the sum at issue is relatively modest blah blah, without admission or liability blah blah, WE ARE PREPARED TO SETTLE YOUR CLAIM...£134.39 IN FULL AND FINAL SETTLEMENT.' A RESULT!!!!! They have ignored the daily interest which is pennies, so I'm not going to lose sleep over that. They've given me the confidentiality rubbish, so I'm returning their letter back to them, accompanied by my own letter saying I accept the payment without any terms. Donation/survey will be done as soon as funds are received from Barclaycard!

Lol - creepy - I can see Hags is also viewing this thread same time as me...

Hmm, if they've said they won't do anymore, I'd be inclined to go ahead and file a claim.....have you issued an LBA yet? If not, I don't really see much point, given that they won't take any notice of it anyway. Sue them Sally

Excellent - as they say, if you don't ask, you don't get, hey?!

No, I've managed to confuse myself over this - they DID send the defence with the AQ, which I filled and sent back, so ignore me, I'm just going mad! Oh well, I'll be seeing them in court on the 13th of Dec!

It might be worth ringing the Post Office to ask? If you explain they may allow it?

Sent Barclaycard a 'final chance to settle' letter since it's well past 28 days to apply judgment. I then received a 'Notice of Allocation to the Small Claims Track (Hearing) with a hearing date of 13th Dec. Not sure quite what happened there as I'd not heard from Barclaycard at all. Rung Aylesbury Court today who advised that Barclaycard have in fact filed a defence (I've not seen it) so a copy is being sent to me. Can't believe they're faffing about over a £134 claim...pay up Barclaycard, or I'll see you in court!

Gosh Rich, what a horrible situation to be in...just want to re-iterate what a couple of people have already said - Keep a daily diary/log of everything, even minute detail that you might not think is important. Also put down the effects of the disturbance...things like..baby woke up..took 20 minutes to settle again....stuff like that. Bombard the council/association with info and keep pestering to get them to move you. Good luck

Long story (aren't they all?!) but am sending them this letter today which should explain it all: " E2Save Redemptions PO Box 4311 Dunstable LU6 9BJ 10 November 2006 Request for payment of cashback Dear Sirs, Mobile number: XXXXXXXXXXXX I am writing to ask you to pay me the cash-back which you are failing to honour. As per the terms and conditions of the contract I signed with you, as well as the additional literature that relates to this offer on your website, I am entitled to a cash-back payment of £70.00 once I have supplied you with the relevant airtime bill. My initial understanding was that I had to send you my 4th airtime bill. However since I didn’t receive the chequeback vouchers with my mobile, I checked on your website and could see that I could print them off the internet when the need would arise. A few days ago, I printed off the chequeback information which stated that if I have an 18 month contract, I need to send my 6th, 9th, 12, 15th and 18th bills, as per the Cheque back calendar. This is the first time I have taken out an 18 month contract, so I presumed this is the way you refund cashback for such contracts, and therefore, I held back my 4th bill. Whilst browsing through your website this morning, I came across information on your website that refers to sending the 4th bill. Confused, I contacted your dedicated cheque-back number 0845-6551246, and spoke to ‘Duncan’. I asked Duncan to clarify which rule applied, as your website is giving misleading information. He advised that the chequeback calendar is a new way to refund customers who’ve purchased phones after 01 November 2006 (the literature I printed off makes no reference to this). I asked him does this mean I am too late to send in my chequeback voucher, to which he replied, yes, and that my claim would be rejected if I send it in now. He also added that you were expecting to receive my September bill, because according to your system, since I’d bought the phone in June, the June bill would be counted too. I have only received four bills from my service provider, with the October bill being my last. I haven’t ever received a bill for June, and on checking with T-Mobile, my contract with them commenced on 07 July 2006. Therefore I have no idea why I was expected to send the September bill, and how I was expected to know this. Your website information is confusing and misleading, as a result of which I have not sent my chequeback voucher as yet, and I am being advised that I have therefore lost out on my first cheque. When I asked Duncan if there was anything that could be done about this he advised that there wasn’t, and couldn’t assist me further, or even advise me of where to send my complaint as apparently the chequeback department does not have a complaints department. Your representative’s response to my initial call was therefore unsatisfactory. I called back later in the day to check what E2save shows as my connection date, and got through the Duncan again. Upon asking, he advised my chequeback amount shows as £70 and also confirmed that the connection date was 07 July 2006 (he not read the other screen in the previous call, which would have given him the July’s date as a connection date, since I have kept my number on from a previous contract) and therefore he also confirmed that it was in fact my October bill that would be required. After all this, it appears that had I not been misled by the confusing literature, in holding my voucher back it would have been sent and received in time. I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets. I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment, which should be made by cheque. I enclose the relevant documents required for the cheque back offer. I would also like you to confirm back to me in writing, exactly which month’s bills you require me to send with the next cheque back vouchers, and when by, to avoid any further confusion. If you do not respond, or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments. After that, there will be no further communication from me and I shall issue a county court claim at the expiry of the second deadline. By doing so, you will also be eligible for my court costs. Yours faithfully, Crash" Will see what they come back with.

As I said in Chat room, tis a fob-u-off tactic...they can scream and shout and deny as much as they like, doesn't change the fact that the charges are unlawful Sally...and most of them are twisting and misinterpreting what the OFT said anyway...I'd say proceed as normal

Ooooh can't wait for the next update!!

Moses, I'd be tempted to send a rejection of settlement offer, saying you'll accept what's paid as partial acceptance on the clear understanding that you'll pursue the rest in the court claim currently running. You can also mention to them that the case will be deemed settled by YOU when they pay the remainder. They should pay you the 8% and daily interest when the case is settled, and as far as you're concerned it's not settled yet. You can also contact the court for advice, letting them know Halifax have made a partial payment (even though you didn't request it) just so that you're keeping them informed too. I think it's not the first time Halifax have done this. As far as I'm aware neilbass is in a similar situation.

At some point just after the 40 days they sent OH a note to say 'pick up docs from branch' which he did, so his LBA included latest figures. Fired that off on the 23rd. They offered me £100 which I ignored and filed N1 form yesterday for almost £2200; Sent same offer of £100 to OH today for which a rejection is going out of the door today. They seem to be really dragging it out so am happy to sit and wait.

Ok, received two letters this morn (as Halifax are still dealing with both my accounts separately) with a 2nd settlement offer of £760.58 (including the court fee twice!) on the basis of no admission/liability, blah blah, will defend if I pursue further...drop the case, blah blah. Rejection letter sent, thank you very much.

I wouldn't be surprised if they've shafted you Dax...probably passed someone else's debt onto you and made you pay up using pressure tactics. Get it back.

Nice one Neil....can't do anymore than poke them in the eye next...

Guys don't feel pressurised by the bank's deadlines and stick your own. Your claims have been served and it's up to them to come up with the 'goods' on YOUR terms, not their's. I'd like to see them defend the fact that they've concealed the true cost of their charges even up till now, which is an argument in itself against their take on the statute of limitations. Stick to it

Don't know that one Paul, but I do know that I am severely fed up with them and intend to take them through the cleaners...just the thought puts a smile on my face