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

Dear Sir

Re: ABBEY NATIONAL PLC -ATS- YOURSELF

 

We previously wrote to you about your claim regarding unarranged overdraft charges on or around 7 August 2007 and advised that, we, along with a number of other banks, ("the Banks") and the Office of Fair Trading ("OFT") were involved in legal proceedings in the High Court to decide the legality of charges in this type of circumstance ("the Test Case").

 

We write to update you following the judgment in the High Court in the Test Case given on 24 April 2008. As explained below," this judgment deals with some preliminary issues relating to unauthorised overdraft charges and was given after the first trial in the Test Case process. That trial was not the final hearing in the Test Case process.

 

A Case Management Conference ("CMC") also took place on 22 and 23 May 2008. This was a procedural hearing to decide the next steps in the Test Case process.

 

What was the first trial about?

At the hearing that ended in February this year, the Judge was asked to decide whether the Banks' terms and conditions relating to unarranged overdraft charges are capable of being assessed for fairness under the Unfair Terms in Consumer Contracts Regulations 1999 ("UTCCRs") and capable of amounting to penalties at common law.

 

What does the judgment say?

This judgment - which contains important points for both the Banks and the OFT to consider - marks the first stage in the Test Case process. The Banks remain committed to resolving, through the court, the legal issues concerning unarranged overdraft charges. The judgment illustrates how complex those issues are.

 

The court has decided (subject to appeals) that the banks' current terms and conditions relating to unarranged overdraft charges:

 

• Are not unenforceable penalties; but

• Are assessable for fairness under the UTCCRs.

 

The banks are pleased that the court has agreed that their current charges are not unenforceable penalties.

 

What happens next?

At the CMC on 23 May 2008, the Judge made the following decisions in relation to the next steps:

• The Banks are allowed to appeal the Judge's decision in relation to the UTCCRs. It is expected that this appeal will be heard in the Autumn.

• In the meantime, the Court will be asked to consider whether terms and conditions previously used by the Banks are capable of being penalties. A short hearing to decide this is scheduled to take place on 7, 8 and 9 July 2008.

 

The Banks and the OFT agreed that the case should move forward as quickly as possible. With assistance from the Court, this has been achieved to date and the Banks are committed to ensuring that this remains the case going forward. At this stage it is not possible to predict when the Test Case will be finally concluded.

 

What this means for your claim?

Following the commencement of the Test Case your claim has been on hold. We have asked, and will continue to ask the County Court to keep your claim on hold pending the final resolution of the Test Case. This approach has been endorsed by Mr Justice Andrew Smith (the Judge in the Test Case) who said on 22 May 2008:

"I think what I said ip February and again in April is that, as we are all conscious, the proceedings in the county courts have been on hold, if not formally stayed, pending guidance, we hope, from this litigation, and at each stage I had been considering whether there is any reason that that position should change. I hardly need to acknowledge again that the management of the county court proceedings is not for me or the High Court, but for the county courts. But the reasons that those actions should not proceed seem to me as strong as they were and will remain so until any appeal by the banks on whether regulation 6.2(b) applies is resolved."

As previously agreed with the Financial Ombudsman Service and FSA, customer complaints relating to unarranged overdraft charges will continue to remain on hold. The FSA agreed to this subject to conditions that protect your rights. In addition, the FOS has agreed not to act on any complaints until the legal proceedings between the Banks and the OFT have been concluded.

 

Further information

We will write to you again in due course to update you on the Test Case. In the meantime, a copy of the text of the full judgment can be found at Judiciary of England and Wales website and further information is available on our website at Abbey : Online banking, Mortgages, Savings, Current Accounts, Credit Cards, Personal Loans, Insurance & Inves

 

Thank you once again for your patience.

 

Yours faithfully

 

>

For and on behalf of Abbey National pic

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 :

S****horpe County Court Claim : 7SC00350 , served 29 April 2007

 

I, the Claimant, refer to the claim as detailed above and specifically the order made by District Judge Chesterfield dated 27th July 2007

 

 

I wish to inform the court that the defendant has not complied with the order in that it has not served upon me the evidence, or any such documents, upon which it intends to rely at the forthcoming hearing.

 

 

Despite my letter on the 29th July 2007, I also reminded the defendant's solicitor on 6th August 2007 to it serve the Defendent's documents before the deadline. I have received no response to any of these items of correspondence.

 

 

I can confirm that my documents were filed on 8th August and delivered to the Defendant by first class registered post on the 9th August 2007.

 

 

It is submitted that the Defendants non-compliance creates a significant imbalance between the parties in light of the forthcoming hearing, which I believe to be contrary to the overriding objective. This imbalance is particularly exacerbated by the fact that the Defendant is represented by specialist solicitors / a specialist legal department and dedicated team, whereas I am a litigant in person.

 

 

Accordingly, it is respectfully suggested that the court may be minded to make an order pursuant to Rule 3.4(2)© of the Civil Procedure Rules, or other such order as the court deems just.

 

 

May I also take this opportunity to highlight the previous hearing in this case where Abbey successfully applied to have a previous Judgement set Aside - as the attending solicitor was adamant that Abbey would attend a hearing, would file their paperwork on time upon allocation to a track and that their application for the Judgement to be set Aside was not a delaying exercise. At the time of the hearing, they would have been privy to the OFT’s test case and therefore any application of their behalf to apply for a further stay would be against the evidence they presented in court on the 10th July 2007.

Belore DEPUTY DISTRICT JUDGE SMYTHE sitting at S****horpe County Court, Corporation Road, S****horpe, North Lincolnshire

 

Upon reading the letter on behalf of the Claimant

 

IT IS ORDERED THAT

 

The proceedings be stayed pending the outcome of the test case issued before the Office of Fair Trading in the High Court under claim nmber 2007 Folio 1186

 

The small claims hearing listed for 21 September 2007 at 10:00 shall be vacated

 

Dated 22 August 2007

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 :

Section G - other information

 

If the court is in agreement, it is respectfully suggested that special directions may be given as per either of the two attached draft orders. The first of the attached draft orders is in common use across the vast number of claims against banks, where as the second draft order has been used specifically in a number cases involving HSBC Bank Plc in the S****horpe County Court. (For example, case 7SC00348 )

 

I believe the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute, and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.

 

If the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, I would contend that it is incumbent upon it to disclose such information. Further, the proposed directions are now routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts.

 

As the law relating to contractual penalties is long established, I believe the outstanding issues to be of fact. Accordingly, I would respectfully request that this claim is allocated to the small claims track, and estimate that the hearing of the claim should last no longer than one hour.

1. The bank shall provide the claimant with

1.1. Copy statement for the account(s) in question for the period of six years prior to the issue of this claim.

1.2. a summary of the charges levied during the six year period in question by type ego "unpaid direct debit" (to be copied to the court).

1.3. details of the total amount of interest charged during the six year period in question (to be copied to the court ).

1.4 copies of all tariffs published for the accounts in question between April 2000 and the issue of the claim (to be copied to the court).

This information shall be provided by 20th August 2007

 

2. The defendant bank shall recalculate the accounts in question applying £4 an event (and no more than one charge on event) in place of the sums actually charged. In this recalculation no charge shall be made when the account is within it's credit limit, and the interest shall be recalculated as appropriate. Once recalculated the defendant shall provide the claimant with revised

2.1 statements

2.2. summary of charges (to be copied to the court).

 

2.3. interest total (to be copied to the court).

This confirmation is to be made available by 27th August 2007

 

 

3. Nothing in this order commits the Court to assess the defendant's charges at any particular amount.

The Court also Directs:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than 20th August 2007 (These should include the letter making the claim and reply).

The original documents must be brought to the hearing

The parties are encouraged to contact each other with a view to trying to settle the case or narrow the issues. However the court must be informed immediately if the case is settled by agreement before the hearing date.

No party may rely at the hearing on any report from an expert unless express permission has been granted by the court beforehand. Anyone wishing to rely on an expert must write to the court immediately on receipt of this order and seek permission, giving an explanation why the assistance of an expert is necessary.

 

The Claimant and Defendant shall file at Court AND serve on the other side their statement and witness statement with their copy documents. Witnesses should attend the hearing.

NOTE: Failure to comply' with the directions may result in the case being adjourned and in the party at fault having to pay costs. The parties are encouraged always to try to settle the case by negotiating with each other. The court must be informed immediately if the case is settled before hearing.

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.