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paulrockliffe

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About paulrockliffe

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  1. So the court has said the OFT don't have the power to deal with this issue on our behalf? When you put it like that, it sounds like a good thing. I'd much rather have competent people fighting the case on the correct grounds rather than another year or three of OFT incompetence. At least this ruling will get stays lifted and allow the real issues to be examined in a timely manor if only on an individual basis. It really is just a stalling tactic the way this whole process has been put together. How long has been wasted deciding whether the OFT can bring the case? We will get there in the end.
  2. Ok, I'm just wary that if they do close my account, withdraw my overdraft, regardless of whether thats legal or not, it causes me huge problems. What happens if I delay the claim for a while, will it take longer to resolve? The interest will be charged from the date they applied the penalty, so delaying doesn't cause a problem here either.
  3. Natwest capitulated to my might two and a half years ago, refunding around £1500 in charges. Since then I've racked up some more (£456), due to continued life as a student, followed by redundancy and I'm wondering if I should go after them again. I know the short answer to that is yes. But: 1. Are all claims still on hold? If so what are the benefits of getting after them now? 2. Last time they said that if I tried it again they would consider that I was unable to agree to their terms and conditions and terminate my accounts with them. (I have overdrafts to consider) Can someone please advisewhether I will have to find a new bank account and if I'm likely to get the money back any time soon? Thanks.
  4. Update - It's been a while! I've been very busy since I was last on here and have been letting Barclaycard carry on without my input for some time. Since I stopped responding to their letters I've had letters from four or five different DCAs claiming I owe them money in relation to the account. All were ignored, all went away. Finally Westcott have taken the case up themselves again and I had a letter on the 30th of July threatening legal action. On the 2nd of September (only recieved on the 22nd!) I received a letter from Nelson Guest and Partners Solicitors threatening legal action if payment was not recieved in the next 7 days. This deadline passed a couple of weeks ago, but I've heard nothing. How should I proceed with this now? Should I write to Westcott and Nelson Guest telling them to produce the credit agreement, should I remind Barclaycard that they still owe me the agreement? Should I take Barclaycard to court to force them to produce the agreement? SHould I just leave them alone again, or will they try to take me to court without an agreement? All advice appreciated!
  5. I realise what will happen and have no intention of going to court, for info, the item was £12 and postage was £5.50, so really not worth it. I just consider it very cheeky that the seller is asking me to pay again for a situation that I've had no involvement in. The seller sent me this: " good afternoon sorry your incorrect we have a obligation to deliver the goods as you are rightley requesting we have done that you will have recieved a email the night before despatched when the goods are arriving and which courier used as you can see we have done everthing we are required to do in any law,, the goods have arrived back with us we are requesting a further payment os 5.50 to redeliver the good to your new address as you have stated their will be somebody in at that location all day" I would like a counter argument with a legal basis. Obviously I am disputing their statement that they have delivered because they haven't, it's an issue they need to take up with Fedex, not me.
  6. It's not difficult at all I dont think, the seller is obliged to get the goods to me, if he uses a duff delivery company, then that is his problem. Fedex didn't leave a card for this failed delivery, or make any other attempts to let me know they had tried to deliver, so it is their fault that I didn't make arrangements with them for a redelivery. But the responsibility to put this right lies with the seller and it is for him to pursue Fedex if he has the inclination. I'm after the legal argument to back up my assertions if anyone can help with that? It wasn't queried at the time as I buy a lot of things from ebay five or six items arrived that day and Fedex had managed to deliver something, so I didn't bother cross referencing things to check that everything was as it should be.
  7. I ordered an item on ebay a couple of weeks ago, it hasn't arrived and on querying it with the seller I was informed it had been returned to him. Fedex had tried to deliver it when i wasn't in, didn't leave a card and returned it. Now I'm being asked to pay the postage costs again. It is likely that Fedex didn't leave a card because I live in a block of flats, though if they had rung all the door bells someone would have let them far enough in to post a card. The seller says that because he emailed me the night before to tell me it was coming the next day by Fedex, that it's my fault that I wasn't in. To my mind, a few hours notice isn't enough and if Fedex chose not to inform me of the delivery attempt there was nothing I could have done to facilitate the delivery, so I don't see how I am in any way liable for there return postage costs. Advise? I checked the Distance Selling Regs, but there wasn't much in there to cover my situation, any one know what Law I can rely on to tell them to **** off? Cheers
  8. I've finally got my 'credit agreement' through from barclaycard. Can you peeps have a look through it and advise me where I stand? I'd appreciate some insight into exactly how Barclaycard have managed to produce two credit agreements. Well, I mean I know how they've produced two, they've just printed out two sets of T&Cs and put my name on the top of the current ones. Interestingly, on the current 'credit agreement' my surname is spelled wrong, the only instnace of this spelling by Barclaycard is on the letter that came with these documents, so its obvious that this 'agreement' was just plucked from thin air. Its certainly nothing I've ever seen before! Anyway, I know neither is enforceable as they don't feature my signature, but how else do they fail the requirements of the CCA 1974? And whats the best approach to making them disappear efficiently, and then cleaning up my credit record? Thanks! Original Agreement: Original Agreement 1.jpg.JPG on Flickr - Photo Sharing! Original Agreement 2.JPG on Flickr - Photo Sharing! Current Agreement: Current Agreement 1.JPG on Flickr - Photo Sharing! Current Agreement 2.JPG on Flickr - Photo Sharing! Current Agreement 3.JPG on Flickr - Photo Sharing!
  9. No, I made one more payment after the 30 day deadline for CCA compliace expired and haven't paid thema penny since. The Law is quite clear on this; if they have failed to comply with your CCA request after 30 days they cannot request payment on the account or add interest or charges to the account. Effectively the account is suspended. Barclaycard don't seem to have the systems in place to comply with this aspect of the Law and will continue to add their charges and interest, which is pretty annoying as if they do have an executable credit agreement it'll be a complete pain to get all these charges removed from the account. Personally I have no qualms with this stance from a moral point of view. The Law is the Law and if a company like Barlcaycard are unable to comply with it then you should feel no guilt for exercising your legal right to deny them payment. When it comes to the issue of whether you should walk away from a debt you know you owe if they don't have an agreement I would argue the same way; its their responsibility to operate your account within the bounds of the Law (CCA 1974) if they don't then they can face the consequences. From a personal point of view I chose to use the CCA route as it seemed an easier way of obtaining full settlement of the charges on my account as they made me two offers that fell short of what I was owed, but amde it clear that I would have to take them to Court for the rest.
  10. This is the third letter I sent them: This is the second letter I sent: Hope that helps.
  11. As promised: Original Agreement: Original Agreement 1.jpg.JPG on Flickr - Photo Sharing! Original Agreement 2.JPG on Flickr - Photo Sharing! Current Agreement: Current Agreement 1.JPG on Flickr - Photo Sharing! Current Agreement 2.JPG on Flickr - Photo Sharing! Current Agreement 3.JPG on Flickr - Photo Sharing!
  12. UPDATE! Barclaycard FINALLY responded to my CCA request! I wrote them a thrid extremely snotty and forceful letter and I worte to Mercers to tell them to mind their own business. Since then I've had nothing from Mercers and now I've finally got a response from Barclaycard. So what did they have to say? Well they started off by apologising for their delay and any 'inconvenience' this amy have caused me. Its not the inconvenience, I quite enjoy these little battles, its more the £135 charges they've added to my account while they were in default to me over their failure to comply with the Law, but thats a side issue really. They went on to explain that they'd enclosed a copy of my original credit agreement and a copy of my current credit agreement. Now I accept that they are able to vary the terms of the agreement, but surely they can't have two entirely separate agreements in relation to the account in accordance with the Consumer Credit Act 1974?? For 7 months they didn't seem to be able to find a single Credit Agreement, but now all of a sudden they have two! What a brilliant financial institution you might think! But wait, hold on, there doesn't appear to be a signature on either one? Odd! Both state that they are "Credit Agreement regulated by the Consumer Credit Act 1974", yet the most important of the terms prescribed by said act are missing from both. On further inspection, I've noted that the latest agreement has my name spelt wrong on it, the same spelling mistake has only been used by Barclaycard once, on the letter they sent with this agreement. I can't help but wonder whether the current agreement wasn't perhaps typed on the 16th of September, while they were writing their letter. The plot thickens! My biggest surprise was that they didn't even manage to produce my application form, which does at least have a signature on it! Anyway, it's pretty clear that no agrement exists between my good self and those villains over at Barclaycard, so I could do with some advice on how best to go about bringing Barclaycard around to may way of thinking as ammicably as possible? Also, I'd like this whole sorry adventure removing from my credit record, what is the best way of achieving this as efficiently as possible? Cheers Paul. PS - I'm going to attach pics of my 'agreements' for you to look at.
  13. Alleged debt passed to Mercers, no response to my complaints other than a letter stating they'll respond by the 11th of August, no actual response a month later, Mercers are threatening court action, Barclaycard keep sending their bills, couple of snotty letters posted. Really should get on with making a complaint to the OFT! Is there anyone else I can use to bring pressure on Barclaycard to reply to my CCA request or **** off?
  14. Evening, I recently received a gas bill that seemed very high as during the bill period I had only had a pilot light on my boiler on and nothing else. I checked the meter reading and it was 1100. But a reading in April was 6500ish. I've sent this information to the supplier and am waiting for a response. If there's a fault with the meter, how do they work out what I should pay? My understanding would be that they would have to proove the gas that had been used. If they can't then they can't enforce any payment through the courts. Is that correct? What should I do about all this? Any ideas? Cheer!
  15. How does the ammendments to the 1974 act that are shown here: http://www.mcgrigors.com/pdfdocs/Consumer%20Credit%20Act%202006.pdf Affect this? Specifically this section: Section 127 of the 1974 Act restricts the court's discretion to enforce an agreement that does not contain all the prescribed terms or has not been signed by the borrower or where the appropriate cancellation statements and notices have not been given. As a result relatively minor technical breaches of the rules can result in unenforceability. However, by virtue of the Act, the court will have the power to determine in its discretion whether agreements are enforceable regardless of the breach Section 127 of the 1974 Act restricts the court's discretion to enforce an agreement that does not contain all the prescribed terms or has not been signed by the borrower or where the appropriate cancellation statements and notices have not been given. As a result relatively minor technical breaches of the rules can result in unenforceability. However, by virtue of the Act, the court will have the power to determine in its discretion whether agreements are enforceable regardless of Section 127 of the 1974 Act restricts the court's discretion to enforce an agreement that does not contain all the prescribed terms or has not been signed by the borrower or where the appropriate cancellation statements and notices have not been given. As a result relatively minor technical breaches of the rules can result in unenforceability. However, by virtue of the Act, the court will have the power to determine in its discretion whether agreements are enforceable regardless of the breach Section 127 of the 1974 Act restricts the court's discretion to enforce an agreement that does not contain all the prescribed terms or has not been signed by the borrower or where the appropriate cancellation statements and notices have not been given. As a result relatively minor technical breaches of the rules can result in unenforceability. However, by virtue of the Act, the court will have the power to determine in its discretion whether agreements are enforceable regardless of
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