It all started twelve months ago when I decided to leave Vodafone, who I had been with for over 10 years. I fancied a new iPhone so I went into O2, bought one over the counter and came back home. I was actually two months away from my contract end date with Vodafone, but I didn't mind paying that up and porting my long used number across to O2. I phone vodafone, explained the above and they gave me a balance over the phone to close my account. With the previous months calls being covered by the direct debit going out, the balance was for the next two months subscriptions and the calls I had made since the bill - a full £39.15. With the £25 direct debit coming out the day after, that should have been it. I even got a nice letter from Vodafone saying "sorry to hear you've gone." However Vodafone did mess around with not releasing the number properly, which left me without any mobile phone for a week or so. The number did eventually work on my iPhone and that was it - or so I thought. Four months pass ( all without any of the usual Vodafone bills ) and all of a sudden I get a threatening letter from Vodafone demanding £28.93. I phone up and explain I paid the direct debit and the closing balance over the phone - and they apologise and to ignore the letter. Two weeks later - a threatening letter from DLC Collections. I again go through the story and fax across a letter, along with my bank statements showing that I paid the direct debit and the one time 'closure' payment. A week passes - and a letter stating that DLC Collections are to proceed with court action. Again I fax back a letter immediately, repeating my innocence and sending copies of my statements. A phone call later, and yes, it looks like Vodafone have messed up and to ignore the letters. Then nothing for 4 months.... ...until a letter from "ScotCall Debt Collecting Services" in Glasgow. Chasing £28.93 from an unpaid Vodafone account. I call them straight up and explain - not only the Vodafone issue, but also the DLC Collections. I'm given a number to call at Vodafone to put it all right. I call and speak to someone who honestly, doesn't care less. The "computer says you owe it". Well I respond with why did I make an extra payment by card if it wasn't a closing balance ? Dunno - maybe I just felt like giving Vodafone a loan ? With her now and truely stumped, yes, it looks like I have paid off the account and it just hasn't been shut down correctly. Jump forward another month and it's now March 2009. I get a letter direct from Vodafone... Notice of Default - owing £28.93. I honestly could scream. I phone the number on the page with asking for dept "ColdCa2" (Not really a cold case then !) I phone up and get a whole load of lip from the operative in the call centre. I ask to speak to his manager, but at first he refuses. I have to slog it out and eventually he puts me through. I explain it all again and the manager says it's still owed because they must have incorrectly calculated my closing balance. I refuse to accept that I must pay for Vodafones mistake - and after a good fifteen minutes he offers "A goodwill gesture" of paying the outstanding amount. It wasn't outstanding - so how the hell is that a goodwill gesture ! Anyway, I insist on a letter / statement which proves the account is closed and there is nothing outstanding, which does indeed arrive at the end on March. The final chapter : It's now the 6th April - and I've just received a letter from "Frederickson International Limited" - another debt collection agency. Please pay £36.16 for a seriously overdue debt with Vodafone... Here we go again.

They took the additional charges out in calculating the closing balance.

Since starting my Elisedriver vs Abbey claim, things have changed. That claim is obviously stayed during the OFT hearing. However, there has been some serious mishandling by Abbey going on in the background. The account has been closed without my permission, and there has been numerous charges applied, which considering I changed address they never notified me of. It also included a single months "interest only" charge of £18 on a £12 overdraft, plus of course a £25 fee for going over... which was caused by them closing the account. The following month was then of course £60 overdrawn ( the above fees, which generated two £25 fines... plus "Interest only of "16.52". Then the following month the balance just jumps with three more £25 overdraft fees. I then got a letter to my correct address from their legal department demanding £248... which is when I managed to get my statements sent to my correct address and found out about these fees. Given that my original claim is for all fees between date1 and date2.... can I legally start a second claim for date2 to date3 ? or do I have to make an amendment to the original claim by paying a fee at the court and notifying all parties ??

Long time no update - But just received this letter PDF Rendition of this letter can be found here

Unfortunately my order is worded Failure to comply with the directions may result in the case being adjourned and in the party at fault having to pay costs. No mention of strike out or judgement - just "may" and "adjourned"

Bugger.... see the thread, as I've now copied and pasted the letters.

On the 18th of August 2007, I wrote to the court with this : However, This is what I've just received from the court today ( 12 September 2007 )..... dated at the top as being 7th September...... but the order being dated 22nd August....... I am far from happy !! Basically, they've ignored my letter completely, not looked at the ruling and order of the previous application to set aside and just seen a letter and applied a stay to it

By the court. I was supposed to be in S****horpe court Friday 21st, but at the request of the claimant (!!???!?!) the case is now officially stayed. How the f**k did that happen ? Isn't there supposed to be a hearing to apply for a stay - or can the defendant just request one and how come I haven't been notified of anything at all.

Just the 8%

Since this is the sucessfull claims thread, I might as well add my thread here. Sought £380 back in April, was offered £152, which was declined. Barclays failed to submit a court bundle, and failed to show up in court yesterday (20th Aug)- however, it was adjourned due to missing paperwork. £511 transferred to my Natwest bank account overnight as Full & Final settlement.

Just checked my bank account with NatWest. I seem to have received a large substantial payment overnight from an unknown admirer..... .... for precisely the same amount as a full and final settlement as Barclaycard needed to send to me. **** WON ****

Back from court What a load of ********'s that was. Kept waiting for over an hour - and then called into the Judge. Barclays / Barclaycard did not turn up at all. So, it should have been me asking for Judgement by having the defence struck out. But nope - the court has lost ALL the paperwork to do with my case. The just refuses to make any judgement without being able to read the case file / notes etc etc. She even refused to strike them out for failing to attend as per the court order. Instead, the whole thing is Adjourned for 14 days, with me to submit copies of all paperwork again. Whats more, she had been informed by the Barclays solicitor for a previous case, that Barclays are applying for stays. I did however correct her that since this was a credit card case, then the OFT hearing did not apply. I gave her copies there and then prooving this - and she remarked she was not aware of this. FFS. Where the hell do they find these Deputy District Judges ??!?!?!?? So, not only have I just lost a whole days holiday, but I now also have the added cost of making 2 more 220 page court bundles, 1 for the court and resubmit to the defendant too !!!! Now to book off ANOTHER days holiday and wast another couple of evenings sat in front of the PC printing NOT A HAPPY BUNNY !

See http://www.consumeractiongroup.co.uk/forum/barclaycard/82629-elisedriver-barclaycard.html for how today went.

Well despite Barclaycard offering full amount, they haven't responded to my request for no-confidentiallity, nor have they sent any settlement payments at all.... ... so, tomorrow I'm in court in S****horpe. Have my court papers and original copies all to hand now. Don't honestly know if Barclaycard will even turn up - but if they do and still wish to offer, I need to know what to ask the Judge for to ensure they do comply with his order.

Time for another update Barclaycard have offered the full amount but with a confidentially clause attached. I replied to accept the figure, but refuse the confidentiality unless they wanted to pay me another £75 for the privilege. However, when I replied by fax and by email..... I got an out of office message return. The person dealing with my claim is out of office for a fortnight - so won't be back before the court date. So, I sent it again addressed to the person who was listed on his email for more urgent replies..... only to get a further out of office message. They have until 4pm today to electronically transfer the money to my Natwest account - or else it will be a court attendance on Monday for the full amount, plus a wasted costs afterwards.

Well on the moral front, I'm actually in court on Monday with Barclaycard. They failed to submit any documents, and then started to negotiate this last week offering full payment - only I rejected it with the confidentiality clause attached. The only problem with there plan : the person dealing with the claim is now on holiday until AFTER the court date and no one else apparently can deal with it.... ... so to walk into court on Monday and hopefully have another win.

Well after the hearing, it did get set aside However, the Judge did make them specify and prove that they were going to actually defend the case - and on behalf of the Abbey, the solicitor swore in court that they would be defending the case in the court. The court date was set for the 21st September 2007 - with all papers to be filed to the court and both parties by the 13th August 2007. Well guess what - they've failed to submit any court bundles ( I did ) and now.... they've written to me with that photocopied Abbey letter stating they are using the OFT hearing to apply for a stay..... ..only, they've already missed all the court deadlines.... ...and have lied in court about their intention to defend - as by the date they would have already signed up to the OFT agreement. Just waiting now for them to write and actually apply for a stay. Although I may write to them to point out that they have missed their paper filing dates again ( it was a very sore point in the Set Aside hearing which the judge was very upset with the Abbey solicitor - so much so, he awarded me costs instead of them, because it was their fault for not filing paperwork correctly )

Time for an update Couple of nudge letters sent asking them for full amount and trying to get them to negotiate Court bundle delivered last week Barclaycard failed to submit any documents to the court before the date ( or 7 days after the date for that matter) And today an offer for the full amount - although I haven't accepted as yet as I refuse to sign the confidentiality statement. Letter sent accepting offer but on my terms only..... However, there is only 7 days until the court date - and I refuse to withdraw the court action until I have cleared funds in MY BANK account - and not in the closed barclaycard account.

I've already done (and won) cases with banks, but how should my court bundle differ if I'm taking on a credit card (Barclaycard) - than if I'm taking on a bank?? My standard bundle for a bank has : Section A - Correspondence Between the Claimant and the Defendan Section B - Latest Schedule of Charges Section C - Copies of referenced Bank Statements Section D - Relevant Case Law Summary Section E - Early Day Motion from the House of Parliament Section F - Dunlop v New Garage Section G - The Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR 1999) Section H - Unfair Contract Terms Act 1977 (UCTA 1977) Section I - Supply of Goods and Services Act 1982 (SOGA 1982) Section J - Office of Fair Trading Report Section K - Scots Law Commission Report Section L - Transcript of the Peter McNamara Interview Section M - Barclaycard Account Terms & Conditions, Including Additional Correspondence Section N - Witness Statement of Claimant What am I missing ?

Bit of a bounce again here I'm afraid. With the exception of Noomill060's T&C's, I'm still struggling to find anything post-2000. Does anyone have any at all ?

Well it appears that the bank did actually managed to get a defence into S****horpe County Court after all - but did in fact forget to send us a copy. SO... we've just received an AQ questionnaire from S****horpe. Which is VERY unusual as S****horpe until now have been doing away with them. Therefore, we've filled it in as per instructions on this site, and for section G attached a number of extras. First of all, our section G text : Then.. as all the other examples of here, the standard copy of a draft order for directions. BUT, then as per my seperate Section G suggests, I've also enclosed a S****horpe vs HSBC killer example of a draft order...

Jusr received my cheque today for full amount, plus 8% interest, plus courts fees. 14th March till 19th July... not a bad turn around.

Thats full amount by the way... ...with them not agreeing the £150 for non-disclosure.....

Ok... NOW you can change it to ***** WINNER *******

Following on Elisedriver -v- HSBC, we're mid process in doing my other half's claim 16th May 2007 : Initial Request for approx £2000 24th May 2007 : Default template of looking into it received from HSBC 30th May 2007 : Letter before action sent - including interest charges 14th June 2007 : N1 filed 28th June 2007 : Intention to defend received (1 day later) from DG Solicitors 16th July 2007 : DG Solicitors fail to submit defence on time 16th July 2007 : Letter sent to DG Solicitors to nudge about defence and give them 48 hours to submit - or else we apply for default judgement 17th July 2007 : Receive letter offering 2/3 settlement direct from HSBC 17th July 2007 : Letter sent to HSBC declining offer and referring to on going legal procedings ** explanation of why we're not filing for judgement in default straight away** As some of you may be aware, I was awarded judgement in default against Abbey - which they subsequently applied for to be set Aside. S****horpe County court is aware of the banks method of delaying payments by purposefully not filing and then applying for a stay. In the letter that I sent to HSBC, it states the above and also states that DG Solicitors defence is the same templated 5 paragraph letter than takes no preparation time. If they truely intend to defend, then they could have this filed within 24 hours. This way when they apply for a judgement to be set aside, then they have no claim to administrative errors, strengthening the case for Abuse of Process. I'll let you know how this one turns out.