BA I don't think the right to amend T&C applies to the entire agreement. The right of amendment only allows them to amend things like interest rates etc, It doesnt allow them to produce a completely new agreement and say it applies UNLESS we sign the new agreement. My opinion is that by NOT signing it automatically shows we don't agree to it. fait accompli

Your correct Pam the 2006 ammendments are not retrospective and only apply to new agreements taken out after it becomes effective.

Without registration as a data controller they have no rights Tide and they have now been told that

Tide this is an ERC

Sorry not Lowells But an equally useless bunch of fools as the company is relying on it's parents registration with the ICO. Besides its arbitrary anyway as I am just about ready to drag Barclaycard kicking and screaming into court to get the matter resolved once and for all.

Ok just as a quick update. I have received letters from a DCA acting for Barclaycard, which among other things have threatened to send a collector to my home which should be interesting as I already know he wont like what he hears. In addition LTSB have failed again to respond to my letters and I have had nothing from them since late february. I have therefore decided to move both of these forward in time. I was planning to get my case against Abbey resolved first to ease the pressure a little, but neither of these are moving anywhere at the moment. Looks like poor little Tam is going to be busy again lol. MCOL have been filled in and just need the POC typing out now. IN addition to reclaiming any and all charges (plus reserving the right to claim charges beyond 6 years when data is available) I intend to push the no agreement side of things plus the sec 85. Now one of 2 things can happen here. Thye will give in to the inevitable or they can try arguing it in court. If they go for the latter then we should have a definitive result very soon. Comments as usual are appreciated.

OK this is TOTALLY off topic (but I can get away with it lol ) and purely hypothetical of course The scenario is: A solicitor files a defence on behalf of his clients and signs it for them. The crux of the defence is that the UTCC and UCT do not apply as the charge does not indemnify any third party. As part of their court bundle they intend to produce a witness statement showing it is an indemnity charge, I also have at least 2 letters clearly stating its an indemnity charge and indemnifies them against any loss to a third party. Nowwwwww if they go to court using the indemnity to justify the charge then in theory the defence (which states it isnt an indemnity) is clearly out of order. In my mind I think it shows the defence statement to be contempt of court, which of course carries a prison sentence. The ultimate result in this scenario could be the defending solicitor serving time (which could of course get him barred from practice) and the defence being struck out of court. Anybody got any other thoughts?

Jezzy, I can fully appreciate how hard done by you feel but please hold fire at the moment. Hopefully I will have an answer in the next couple of months regarding ERC's.

This question has been asked and continues to be asked. I am not saying much at this moment but we should have an answer by the end of June, all being well.

Retire gracefully Peter, the Witches will always win lmao

I think the only way is an estimated claim and to come up with an excellelent reason why the statute of limitations shouldnt apply Unless of course this was a mortgage where a 12 year rule applies instead of 6 years.

Birdie !!!!!!

Yep me too which shows what a fickle bird she is

I support Un1 and Term on this totally. We do have a few 'heated' discussions at times but sometimes I think that can help the discussion progress, however I dotn agree with 'bashing' or flaming anyone because of their personal opinion, after all thats the onyl thing we have at the moment. To answer another point, as soon as we get a conclusion to some of the cases currently being argued I will write up a synopsis and try and get it posted as a 'sticky'.

Absolutely nothing birdie, and that bottle of scotch is still waiting for you

I think I already answered this in my post above and in PM. I agree with Rhea, today write to the CRA'S and include £2.00 for a copy of the report they hold on you to make sure the defaults have been removed from all of them. Also write to MBNA telling them you will accept the cheque as part settlement and will contact the court when the remaining items on the claim have been checked. You should get the copies of the CRA report back within a week and if the default has been removed I would cancel the claim.

Sounds like they have settled in full to me Nick, Hope you still have that cheque for the balance I'd now get a copy of my credit file to make sure they have cleane dit up fully and once your happy that the claim is fully settled notify the court. No reason to continue the action unless there is some part of the claim that has not been satisfied. Great result

psykix, pmhcfc asked me to run over and take a look, your in very good hands with seahorse tbern and company. Its after 1 am again here and I have to be up at 6 but I'll take a closer look at the thread tomorrow and assist where I can. One thing does worry me, have you told the court you can't attend this week? if nto then do so and ask for an adjournment, also send thsoe CCA letters and SAR letters immediately, you can then notify the court that your awaiting the information so you can compile a defence.

Sure thing Annalh anytime your want to

hmmm this is always a tricky question to answer. Personally I would write to them accepting the part payment and reminding them that this does not satisfy all the conditions of your claim. You could also try giving them a phone call which I did and I found it helped matters move along to the point they called me twice while I was in Hungary last year to make last minute negotiations for settlement. Not sure which of their advocate team is handling your claim though. Mine was done by none other than Gareth Tunnicliffe and I found him very helpful, although others have not had the same response.

Annalh, IMHO as Abbey were ordered to locate your ex then they should do it. I see no reason why you should be barred from persuing your claim if they (wityh their resources) cannot locate him. Although it may make it easier if you could contact him and get him to sign an agreement to the claim. I think I would send the letter to the court. Did you get my PM last week ? Tam

Ok, can we all please get back to rhsymonds thread and try and post constuctive ideas to make sure his/her claim goes as smooth as possible. First do you have a thread of your own Ry? it's much easier to target information if you do, than post it into a general thread like this one. First step I would recommend is to send a CCA 77-79 request (make sure you enclose the statutory fee of £1.00) and send it recorded delivery. The sit back and wait for the 12 wroking days + 1 calendar month and see what they send. They should send a 'true' copy of the credit agreement, a copy of any document mentioned in it like T&C and a signed statement of the account. Anything less and they go into default after 12 working days. If the month passes they commit an offence. After that month I would write to them detailing the error of their ways

Hmmmm you could be right as Methuselah's granddad was a drinking partner of mine. Site helper just means that somebody was crazy enough to think I look good in pink Lets get this right shall we, it means you lot can't shut me up Nahh it just means you lot think it's accurate Seriously though we have to remember reclaiming bank and credit card charges is relatively simple. The banks and CC companies don't ahve a leg to stand on and all their posturing and defending is only to put off the day they have to write that cheque. Plus they longer they make us wait the more likely we will forget about it, or decide it's too much trouble. As soon as we step onto new ground then we have to be certain that we have the law on our side, otherwise they will defend and win, leaving us with a possible costs bill which is out of proportion to the claim. This is something that has already shown it's head in claims for ERC's. Hopefully though that is something that I can and will change in the next couple of months I admit that I can and do make mistakes and I'm not afraid to admit it. If I everything about the law then I would be a barrister I don't think it's anything to do with teaching granny (or grandpa) to suck eggs. CAG is more about supporting each other through discussion, and where needed giving advice based on experience and what knowledge we have. When I made my first claim way back in June 2006 I knew nothing at all about claiming charges, I like to think that several claims later I have learnt a lot and understood a little bit. If I can stop just 1 person rushing headlong into a fight they are destined to lose because they didnt wait to gather all the evidence they needed and turn that fight into something they can win then I have achieved my aims, and mhopefully nobody will blame me for taking a little bit of the credit for my own satisfaction.

awww thanks Zubo Now get to bed and keep that flu to yourself :o

I agree with Zubo, dont rush to get a judgement as they will then wake up and get it stayed. wait for the SAR and CCA requests to come back so you have ALL the information. then we can advise you a lot better. Your welcome to PM me anytime.