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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 wi
  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)
  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 act
  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
  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 a
  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
  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
  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 thes
  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
  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
  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
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