Got a form from MCOL today filled in by a Derek McKinley stating that they intend to defend all of the claim. It is dated 7/11/06. So what's next?

Sorry, I didn't mean to offend.

Don't worry, not offended.

As for keeping them informed, well I did tell them:

3) No further correspondences will be entered into with you; future correspondences will be from the courts. I will NOT sign or return anymore letters to you since you do not keep to your promise in them anyway.

They did not keep to their word (of crediting my account) does not mean I will not keep to my word of not entering into any more correspondences with them right?

Now I am totally confused, is this about Natwest, Natwest Step, Natwest Bishopsgate branch, or Barclays???

Ebay's help is hopeless. They just send you standard 'canned' messages. My advice is to withdraw your money from your Paypal NOW and be done with that ebay account of yours. Set another one up.

I had a problem with my ebay accout a year ago too, someone is wacking my auctions, bidding and winning items and not paying up. Ebay allow for one free relist in such cases. But that person come back and do it again on the relist. So the item(s) were never sold. Now if they were never sold, I did not get paid for them, ebay could not or will not (this was before the days where you can bar some users from bidding on your items) stop it, why should I pay for the seller fees then? I just went to the bank and cancel all DDs linked to ebay, and at the same time removed any credit cards linked to it as well. Got loads of email from them demanding payment in the first few month, but never heard from them again.

On the down side is that I lost a 140+ feedback ebay account.

Like I said, I have her work address, which I gave to the police, and also RBS.

Oh yes, about the grammatical errors, well that letter was written in a fit of anger, so I must have missed them.

I had already informed them of my intentions in my second letter, which resulted in the offer of £52.50. That is the offer that I had accepted but was not paid to me. So I don't think I should be giving them any more time as it is going way beyond the deadline set by me.

Finally a reply!!!

Yeap, tomorrow is the dateline, I will call the card centre again tomorrow to confirm that nothing is paid in to my account before filling for MCOL. However I do not have all the statements required, the figure of £87.50 is given to me in a letter from them. Think it will still work?

You should be able to get their address from the electoral role (usually available in local library) or can pay for it on a site like 192.com - The Largest UK Directory Enquiry Service. I agree with you sue them they owe you the money which you were good enough to lend in the first place and you should get it back. However, do they have the money to pay you back. If not you may be running extra expense to no avail.

I had tried 192, there is a few persons with the same name in it, and I believe that non of it is the correct person. Therefore I am wondering can I sue with just work address. I was willing to work out a installment payment with her, but she told me to 'F**k off' when I went to talk to her about it, which is what p**sed me off. Also the incident with the phone, mp3 etc shows that she did not take me seriously until I gone to the police. What she did not know is I microdotted the items, and the police treated it as theft. When they looked her up, it scared the s**t out of her.

Another thing is she had a loan with RBS which she did not pay up. It is still in my address (she used to live at my address, but only as a friend) and RBS threaten all kind of stuff, including sending bailiffs and actions affecting the credit rating of persons living at the same address. I wrote back to them telling them if they dare to do anything to me or affecting me, I will sue their pants off. Why should I be liable for someone who did a runner and is no longer at the address?

Thing is she is working, the court can order an amount to be taken out of her wages right?

Hi all, I have a problem with an ex-friend that owe me a debt of about £500. She had refused to repay the debt or to discuss the matter with me. She changed her number without telling me. I had visited her office twice and she still refused to discuss the matter. The problem is I only have her work address. Can I still file a claim against her via MCOL? I do have some proof (not all) of the amount she owe, and any amount that can be sucessfully recovered will be welcomed.

I know the usual advice is to try and sort it out instead of going to court, but I can say that this is a real b***h. She also had one of my mobile phone and an MP3 player, and money owe for a hair dryer and hair straightener, which she also refused to return, until I reported her to the police for theft did she returned the items and money. (I had microdotted some of them :grin: ) Only when the police contacted here did she realised that I mean business.

2) Any attempt to commandeer a vehicle in the way you have described by a person NOT described under (1) above is regarded as seizing the vehicle illegally.

 

Do NOT resist or fight the bailiff, as this could get you into trouble, ...just tell them your vehicle has been carjacked (a category 1 response) and let the bailiff enjoy a day in the cells while the police sort the mess out.

If someone is illegally taking away your property, you CAN fight under self defence. I have a can of spray stuff (WD40, etc..) within easy reach for spraying in their eyes. I also have a crawbar under the seat. Not that I have problems with bailiff, but some areas I work in are pretty rough.

Stick to your timeline and your amount.

UPDATE

It turns out that they had not kept to their promise and the issue is NOT SETTLED.

Got my Argos Card statement yesterday, turns out that their 'immedate credit' into my account had NOT been carried out! The fact had been verfied with the card call centre.

Really p**sed off with them now. Sent them a letter telling them that I better have cash, cheque or postal order in my mail box in SEVEN days time or court action will be filed. I also withdraw my offer of not claiming interest, at £0.01p/day!

Copy of the letter sent to them yesterday:

I refer to your letter of 18 October 2006 and my latest statement of 25 October 2006, of both which I had enclosed a copy.

I must inform you that I am really disappointed with your failure to keep to your promises made in your letter of 18 October 2006. As per the instructions in the letter, I had signed and accepted your offer of £52.50, and returned a copy to you. You had promised in that letter to credit my account immediately.

However in my latest statement received today, there is no such credit to my account. And I had confirmed that fact with a call to the card service centre.

Your failure to upkeep your promise had forced me to take the following action;

1) Demand the FULL REFUND of the original amount I had demanded, INCLUDING 8% interest as allowed by law. As of today, the amount is £52.50 plus £4.01 in interest, making a total of £56.51.

2) Require that payments are to be made in cash, cheque or postal orders, NOT into my Argos Card account. I have no way of verifying you had made payment into my account until my next statement and as you had proven not to upkeep your promise to do that, I can no longer trust you.

3) No further correspondences will be entered into with you; future correspondences will be from the courts. I will NOT sign or return anymore letters to you since you do not keep to your promise in them anyway.

Court action will be filed out in 7 days time on 9 November 2006 unless I received FULL AND COMPLETE payment BEFORE the above date.

If you decide to resolve this issue, I would advice payment to be sent out by First Class Recorded or Special Delivery to ensure it reaches me before the end of the dateline. If not you will be hearing from my local court soon.

Payday yesterday, just filed the claim with MCOL.

Argos had gave in and agree to pay my original demand of £52.50. Case closed!

Standard 'yah-yah-whatever!' letter recieved today. It reads:

I regret that there is little that I can add constructively to my last letter and note your proposed course of action. I have alearted our lawyers and litigation department accordingly.

Sound like 'go ahead and sue us!', which is what I will do!

14 days up, sending my LBA today.

Yes but it also means that, legally, if I sell my phone before the end of my contract, even though I did NOT cancel it, I still will be considered breaking the contract right?

Thing is it said "SIM Card, the Mobile Phone OR the Services", not SIM Card, the Mobile Phone AND the Services". Meaning I cannot sell any of the items listed.

Thanks for your help. The aerosol cleaner thing you are talking about, what is it called? Can I get it from Halfords? Actually when National cleaned it for me, it cost me £0! In the sprit of this website, whoever is reading take note!

Well anyone?

Here is my reply to their offer, any comments or suggestions before I send it out on Monday?

----------------------------------------

Dear Sir,

I refer to your offer of £45.00 as final settlement dated 26 September 2006 in response to my letter dated 25 September 2006.

I really did appreciate your honestly of informing me that a total of £87.50 had been charged towards my account not the £52.50 originally claimed by me. I also understand your explanation that there had been costs involved. Based on these two reasons, I had decided not to pursue a full refund of £87.50.

However I am unwilling to accept your offer of £45. I would be happy if you would agree to refund my original claim of £52.50, and will consider it the end of the matter. I feel that this is a fair offer as it is only £7.50 more than your original offer and £35.00 less than the actual amount. At this time, I am willing to also forgo the 8% interest charged to the amount as allowed by law if I have to apply to the small claims court.

I have to point out one fact is that in my original letter dated 25 September 2006, I did not refer to OFT at any point. What I did refer to is the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) which do apply to the contract I had with your company. I had enclosed a copy of my original letter for your reference.

I had always enjoyed my relationship with your company, and I am sure we will be able to work out an agreeable solution to this. However I must also point out that if a solution is not worked out and agree on in 14 days, I will have to pursue the full amount through the courts.

Thanks for your reply, its a Suzuki X90.

Just recieved an email from O2 informing me of some changes to my O2 Online Contract. They added a new clause which reads:

6.6 You agree that you are procuring the SIM Cards, Mobile Phone and Service solely for your own use and that you will not re-sell or otherwise act as any form of distributor in respect of the SIM Card, the Mobile Phone or the Services.

Are they telling me I cannot sell my phone on ebay now???

A quick question to those who had claimed from Halifax.

I had charges listed as (example) "Charges to 30 Apr" £8.50 on the old style statements. But nothing happened on 30 Apr that will warrant such a charge. Instead it did go OD on 13 Apr. Is this what the charge refers to?

And the charges listed on the new style statments just reads "Charges as Notified" £20.00 with nothing else to indicate what they may be for.

Are these the items I will be claiming for?