Thanks Jan, I actually quite look forward to receiving my post these days They sent me a default notice but they've not actually marked my credit file with a default, only late payments, which I guess is bad enough..... Good luck - we'll beat them (literally would be nice!!) pinky x

Thanks William, how did your hearing go?? Well, not sure what to say really, what a complete palaver!!!!!!! I asked for the quickest way to pick up my money, was told it would be to pick up cash from a branch (got a feeling I've relayed this bit already!!) anyway cut a long story short, I was left hanging around for 30 mins, argued with Wragge's on the phone in the branch, finally picked up the money later in the day, minus what I owed on my overdraft, or should that be what A&L say I owed on my overdraft. A&L limited my account and I was unable to check my account before they actually closed it and in that time (even tho the account was limited and I was unable to use it) they still managed to add more charges to it!!! so I told Wragges that I required a statement from them for the last few months my account was in operation and until this time I would let the court know that I had not received the full amount I was expecting, initally Wragges said they didn't know if they'd be able to authorise this and I'd have to sort it out but now they have gone completely silent on me - that's nice isn't it?!! after we shared so many happy moments together!!! I have though received a letter from A&L Debt department saying they're satisfied all monies have now been paid back and my account is closed -oh so they're satisfied are they cos I'm certainly not!!!!!!!!!!!!! I also have an outstanding complaint with them about them limiting my account which has been going on for more than 8 weeks, ummm what should I do I wonder? tee hee! Interestingly I've noticed that the day after my initial claim was issued, A&L decided to send me a default notice - that will look good for the FO won't it???!!! DOn't get me wrong - I'm over the moon that I've got my money back (well the majority of it) but they're still managing to wind me up!!!!!!!!!! pinky x

ooo it's linked it all for me - how clever

Hi Yas, Seems as though we're all pretty much in the same boat with Next - my link http://www.consumeractiongroup.co.uk/forum/general-debt/98141-next-default.html anyone know how I link it with the title?? Can you give me the details for the regulators please Yas? Also, I notice that Next defaulted me after only 2 late payments, is this in their T&C's?? Good luck to all and long may Next keep tripping over themselves pinky x

Anyone got any further with Next? Today I sent off my complaints to the FOS and the ICO about the Default, the lack of CCA and the lack of Default paperwork. It was a joy to include all my correspondence, things like a letter from Next telling me that at no point had I disputed any items that I had received or the amount owed, this was alongside email correspondence from myself to the DCA disputing the amount owed and 5 months worth of letters asking why they hadn't removed items I'd disputed as having never received!! Other 'Next classics' included a letter from them saying they had proof that I had had items delivered and oops an email from the DCA saying that their client did not have any proof of delivery. It's really quite nice of them to make these little blunders to help us out! pinky x

I've not managed to scan copies yet, must get round to it. Have put in complaints to the FOS and the ICO though, saying that they should not have been passing derogatory information over whilst account in dispute. I can't believe this but I've also noticed that in my last credit report, my late payment markers have actually been moved back 2 months from a previous report, so it effectively looks as though I was late in paying 2 months earlier than I was!!!!!! I'm shocked at this. I've also since noticed it (altho not to the same extent) by one of the others (think it was A&L) How can they get away with this???????!!!!!!!!!!!!!!! Pinky x

It was issued on 16th August, the note on MCOL says this: Your warrant request has been accepted. The warrant has now been sent to the bailiff at the appropriate court for action.

God, it was weeks ago! Am I doing something wrong here? I issued the warrant on MCOL and received something in the post to say it had been served on the defendant but have heard absolutely nothing and I really don't know what to do now. Can anyone help? thanks pinky x

Thanks SSL Ok so now I have had a warrant issued against them but still nothing!! has anyone else had to go down this route and get the bailiffs in?? What's the next step?? Thanks Pinky x

Hi Peter, The refund given was just for the interest and charges they had added on during the period of dispute since I asked for my CCA. I have claimed for all the other charges anyway, they have offered a refund of the difference which I will be rejecting. I'll try and get the docs scanned in over the weekend. many thanks pinky

Brilliant, thanks Money pinky x

Evesham County Court - my hearing went ahead as normal on 13th Aug, bank had applied for a stay but then we settled the day before, judge said he would have considered the stay at the hearing but was glad I turned up all the same to let him know what was going on. I know there were 3 other bank cases on the same day.

She replied to me quite quickly before but emailed her again last week and have not heard back yet, maybe I need to put more 'threats' in it Good luck pinky x

Can anyone help with this? I've now sent off my LBA to them and received a letter yesterday saying that it's tough luck basically, is the Ombudsman still taking credit card cases or should I proceed thru MCOL?? They were quite quick to admit that they'd been delayed in sending me the documents (which I need to post up to see if it's the correct ones) and they refunded me the interest but they've still been passing derogatory info to the CRA's!!! so I've now asked for that to be removed, heard nothing back as yet.

Lindsay Hilton's contact numbers are as follows; Tel: (01604) 254518 c/w 2500 4518 Mobile: 07920 266531 Fax: (01604) 254150 c/w 2500 4150

Still haven't got my money yet though!! although have arranged to pick it up tomorrow from one of the branches as they are unable to transfer it into my non A&L bank account - god knows why!!! Well I phoned up the court this morning to advise what had happened and they told me to still go along to the hearing which I did. Met the very nice judge "Morning Sir!" and was in and out within 2 minutes. He said A&L had sent him something to say they had sorted it all out. He said he was glad I had gone along anyway and thanked me for my time. He implied I was one of the lucky ones as it prob would have been stayed if they hadn't settled beforehand. We agreed not to close the case until monies have cleared and he extended it till 10th Sept for this, asking if I thought this was enough time - it'd better be Wragge's now gone all snotty on me as I told them I want my money and I want it now kind of thing and that I'm very disappointed not to have had something by now as this was settled on Friday, they didn't take too kindly to that and said it normally takes 7 days to sort out - again, god knows why!!!! I'm going to apply for Wasted costs now and I'm guessing the answer to this is no but can I claim for things like the allocation fee that they haven't paid me back? pinky xx

Hi Hayley, I would say that walking out of his job after being told that was quite reasonable and in employment law, he is entitled to do this as it is seen as acting in the heat of the moment after being driven to that point! The company cannot reasonably take this action as his resignation, or to discipline him - was it in any way a dangerous situation or caused them any loss because of him walking out?? Have a look at the case law Kwik Fit (GB) Ltd v Lineham (1992) the tribunal found that where there was an ambiguous resignation, the onus was on the employer to establish the true intention of the employee. This was quite similar in that the employee walked out in the heat of the moment, following intended disc action. They actually found in favour of the employee in this case, saying he had been unfairly dismissed. I would definitely suggest going ahead with the grievance and making it clear that he had felt forced to resign because of what had happened. All the best, keep us updated!! pinky xx

Hi Hayley, That's a shocking story!! I'm a Personnel Manager and can't believe the way some companies treat people. There are quite a number of points in your post, firstly, did he have any written evidence that those 2 days had been agreed by his supervisor or was it just verbal? have you managed to get a statement from the supervisor since? although prob difficult now as he will still want to keep on the side of the company. They can't turn around and say the other holidays would be unpaid when they had already been agreed, was this retaliatory or because they felt your husband didn't have enough holiday entitlement? it should have been dealt with completely separately. If they'd wanted to take him to disciplinary for those 2 days then they would have had to have investigated it all first, did they invite him to a meeting to investigate before inviting him to disciplinary? this has to be carried out now as part of the Consultation Regs. If they didn't follow correct procedure the tribunal should be a walk over for you. How long was your hubby employed there? What was written in his resignation letter? presumably he made it clear that he felt he had no other option than to resign? they'll look for this for constructive dismissal. As far as holidays go, it's normal for people to be able to take their full entitlement when they like but there is still an accrual system in place and if you leave part way thru a year then you will normally be asked to pay some back (if you wouldn't have accrued them all) or to be paid for any that you're owed. The fact that there weren't any written particulars is also very dodgy, as this has to be provided within the first month of employment. My experience of unions (from the employees side) isn't great either and to be honest there are loads of great websites out there to help you, things like ACAS, TIGER - just put 'employment rights' into Google and you'll get loads of help. Let us know how you get on - give me a shout if you need any help. pinky x (A&L settled £4613 today - yippee!!!)

Anyone know how I change this thread to WON!!!!! Yippee - WON!!!!!!!!

Well well, I am now a very happy Pinky!!!! My court case is on Monday at 12, I emailed Wragge's yesterday with another nudge, offering to settle at £4700 (total amount was £4911), I had an email from them earlier today offering £4000 which I refused and said I'd settle for £4700 again, I then get another offer of £4613 which I accepted, yes it's a few hundred short but I really didn't think I'd get this and thought I'd get a stay - they've applied apparently and the court said they would look at it at the hearing but in the scheme of things I'm extremely happy with that amount if it means I don't have to go to court!!! I'm still haggling with them now how they're going to pay me before Monday as I said I won't close the case until funds have cleared, they said they'd put it straight into my account - er, you can't, you closed it dingbats!!! So I've told them to send or courier (thanks Mimi!!) me a cheque tomorrow - don't think there's much chance but worth a try!! YIPPEE!!!!!!!!!!!!!! I want to thank everyone on here - I certainly couldn't have done it without you!!!! Pinky xxx

I'm really at a loss to understand Next!! what idiots!!! I had the standard letter off them initially saying that they didn't have a copy of the CCA but that I still owed the debt and if I paid it off they would take off my default. Have also contacted the DCA about this and they were going to speak to Next on my behalf before taking any action but this has all gone quiet.... I wrote back to Next to say 'nice try but not what i needed' kind of thing I received a letter from Lewis Debt Recovery yesterday saying; "We have been advised by them (Next) that they are unable to obtain a copy of your credit agreement. However, they are able to provide proof that goods have been ordered and signed for and that you have been making payments. We note with concern that we have not received a payment since 14th June 2007. To enable us to provide you with a monthly statement, you must forward your payment on receipt of post. Failure to comply will result in further action being taken against you." Last night I emailed Carol Kelly (who the letter was from) and said; "In response to your letter dated 23rd July, please could you forward copies of proof of delivery for goods you have billed me for. I do not believe that I have received goods to this amount." She has replied to say: "We refer to your recent email, the contents of which have been noted. Our client have confirmed that they are unable to obtain a copy of all deliveries that have been made to you. However, they have also confirmed that you are aware that goods have been ordered that have not been paid for. You will also have been receiving your monthly statements. If you have any other queries regarding this matter, please do not hesitate to ring me on 08707513200." I then said: "Dear Ms Kelly, In response to your email, please can you advise how I am aware that I have ordered goods that have not been paid for. I have previously tried many times to get undelivered items removed from my bill with no luck so I am very keen to gain proof that these items have in fact been delivered as your client suggests. In your previous correspondence to me, you stated that your client had 'proof' that these items had been received. Is this incorrect? She came back with; We refer to your email, the contents of which have been noted. As I said in my previous email, I have spoken to our client after receiving your email today, that is the reply that they gave me. They can not provide proof of delivery. Please ring me to dicuss this matter further on 08707513200." So basically they lied when they said they had proof of delivery, I've also told her that I don't wish to discuss anything on the phone and will only deal with them by letter. Any suggestions what I can do now? Do you think they'll take me to court and if they do what will be the likely outcome?? Thanks pinky x

That's good news d - thank you!!! pinky

That is absolutely fantastic news!!!!!!!!! Couldn't have happened to a nicer person Enjoy it! pinky x

Anyone please??? Just need to know if the CCA replies they send have to relate particularly to that account or can they just send any that you've signed for that bank?

Well I've sent off my first letter to Barclaycard claiming £550 of charges..... I also CCA'd them but continued to get statements, not to mention calls, letters and threats from Mercers, even tho they'd been copied in on all correspondence (incl. the Harrassment letter!) I emailed a few people at Barclaycard to tell them to back off and then a few days ago I received a letter from Barclaycard saying; "In respect of your recent correspondence to Lindsay Hilton dated 23 July 2007, I can confirm that we acknowledge that your request under the Consumer Credit Act 1974 has not been met within the prescribed timescales. Therefore, collections have been suspended on your account from the date of your request up until today's date. A refund of £202.02 has been applied to your account which consists of the interest charges and late payment fees. These adjustments will show on your next statement; however out normal collections and recovery procedure will resume one month from today. I trust this will be satisfactory." They also included one copy of a signed (by me) agreement and another blank one. Despite this, I got a 48 hour or else threat from Mercers so I phoned them up and gave them hell, they still tried to blag it and add more money onto what I owed and said that although the calls would stop the letters wouldn't as they were automated! I initially thought Barclaycard were being quite fair with this but looking at the CCA I'm not sure it's right. It's a very old one and I think I've closed this account and opened another with them since - does this make any difference? and I can't read any of the small print on it... Anyone got any suggestions as to what I should do next? Many thanks pinky x