This saga started a week last Monday when I want to get the brakes on my car fixed at K. I arrived only to be told by the guy behind the desk that he'd already got one set of brakes to do and it would take all day "if" he got round to it and I would be better off coming back the following day although he couldn't guarantee the work would be done then either. I asked this ray of human sunshine if I could book the car in for the following day. The answer was no so I drove to another branch who booked the car in for Wednesday. Wednesday 9.00am. Arrived and left vehicle on fore court, told the guy behind the desk that it did not have a locking wheel nut key (a special attachment that gets one special nut off the wheel). However as I had a puncture about 3 weeks before and they had taken the wheel off the car, repaired the tyre and put the wheel back on without my own personal locking wheel nut key I really didn't think it mattered too much. How wrong could I be. About 2pm got a call from a guy from K saying they were having trouble getting the wheel off and did I have a locking wheel nut key. I explained that they had actually got the wheel off before without the wheel nut key. He said he would have a word with his manager. 5pm Returned after 8 hours in the local town with 2 small children to find that nothing had been done. Was told that the guy who had taken off the wheel before wasn't in that day but to come back the following day as he might have used his own tool to get the wheel off. Thursday This was the day we were supposed to be going on holiday. (You know the advert about getting you off on time and no hassle). 9am Arrived at K. Spoke to the guy who had taken the wheel off before. He remembered me and told me he had used another guys tool to get the wheel off. Unfortunately this man did not work at K anymore but he did work round the corner at a car parts shop. 9.30am Car Parts Shop. Asked to speak to C. C wasn't in till 11.30am. At this point I thought I would go home. Fortunately there was a traffic jam, as I approached a roundabout, I put my foot gently on the brakes only for them to go completely. So called AA out and was towed back to K. Sometime during Thursday/Friday morning C went round to K and got the wheel off. Friday morning recieved a call from K with a quote for the work. Told them to get on with it. Friday 5pm recieved a call saying that the hub nut was stuck and the car needed to be towed to a Vauxhall garage as they had the piece of equipment to get the hub nut off. Monday morning called the Vauxhall garage who said that if K gave the parts department a call they would be able to pop the piece of equipment over to them. Relaid this message on to K who announced that they are not allowed to use other peoples equipment. Given they had already used someone elses equipment to remove one nut then I really could not see the difference in using another garage's piece of equipment to remove a different nut. I then spoke to the Head Office at Kwik Fit who got the area manager to call me. At this point he said that Kwik Fit do not repair brakes on 4x4's. I thought this was an unbelievable thing to say given I had never hidden the fact that the car standing outside was a 4x4 and asked him to confirm what he had just said which he did. At this point I handed the phone to my other half who got them to take the car round to the Vauxhall garaage in order we thought to remove the hub nut or at the very least loosen it. I recieved a call that afternoon to say the car had been taken to vauxhall and they were just waiting to get it back. Tuesday. The car was still at the Vauxhall Garage. Wednesday. Vauxhall Garage called me to give me a quote on the work that needed doing. Basically so much that it was not worth repairing. Kwik fit have washed their hands of it having said they told me that they could not repair my car although it did take them a week to realise it was a type of car they did not repair. In the meantime I'm having to hire a car at a small fortune per week and no one seems to want take responsibility for stringing me along for the past 10 days. Anyone any idea as to what to do now. JULI99

Well why couldn't they say that in the first place. Thanks for deciphering that. Makes life a lot easier for me if I can show this document to the court. Should mean egg have scrambled themselves completely.

Need some help in deciphering this clause. Have posted this under my Egg thread Scrambled Egg. Please move this if it is in the wrong place. It has something to do with confidentiality. "To any Court, government or other authority to the extent necessary for compliance with a lawful obligation by the party disclosing it and to the extent necessary to any professional adviser to that party in connection with the giving or recieving of advice in relation to such disclosure." Tried reading it slowly and breaking it up but it still reads like complete gobbledegook. Anyone fluent in gobbledegook out there JULI99

Thanks

Need some help in deciphering this clause. It has something to do with confidentiality. "To any Court, government or other authority to the extent necessary for compliance with a lawful obligation by the party disclosing it and to the extent necessary to any professional adviser to that party in connection with the giving or recieving of advice in relation to such disclosure." Tried reading it slowly and breaking it up but it still reads like complete gobbledegook. Anyone fluent in gobbledegook out there

Empire Mine is exactly the same as yours, even down to the screen shots. juli99

Went after Eggcard charges and crp insurance. Court date set for end of August. Egg have since paid back the charges and court costs so only insurance outstanding to go to court for. This is my OH's card and as he is nearly blind he hadn't even noticed the insurance payments on his statements. To the extent when he did get made redundant he never made a claim. Their defence for the crp insurance is for him to prove he didn't take the insurance out. What do I need for the court bundle in this case, and how do I prove that he didn't take out the insurance? JULI99

Wrote to BG and told them to remove it from credit file and acknowledge "debt" paid. Given them 10 days from reciept to comply otherwise will be going after them about the incorrect statement on the Credit File. What's a summary claim sounds interesting and am up for some fun. JULI99

Have a thread on this elsewhere but as this is Moorcroft thought you might like to read this saga over a "debt" of under £40 Last year we changed our gas & electricity supplier from BG. Final bill came and we arranged to pay £50 per month. First 2 payments sent off on time. Then a couple of days before we were due to send 3rd payment got a letter from Moorcroft, stating they wanted total amount immediately. Told them I was carrying on paying £50 per month as I had all along and they had the wrong amount outstanding. Just to add insult to injury phoned British Gas who advised me even if money had left our account and had been received by them this did not mean the account had been paid. Then when we were down to our last payment Moorcroft rang my OH (who does not deal with paying anyone) and told him he was behind with payments (he wasn't) and if he paid £80 then they would write the rest of the outstanding balance off. He paid. However despite having overpaid, Moorcroft are still chasing him for the "outstanding balance." Trying to sort this out Moorcroft refused to speak to me as it was a BG debt and BG refuse to speak to me as it is a Moorcroft debt. This has not stopped them putting a Default Notice on my OH credit reference file. :confused: juli99

Have a thread on this elsewhere but as the saga is continuing I thought I would give a blow by blow account here and see if anyone can help with the latest action. Last year we changed our gas & electricity supplier from BG. Final bill came in at £450. We arranged to pay £50 per month. First payment sent off on time. Several days later got a letter saying that they hadn't recieved the £50 and to pay up, but if the money had been sent within the previous 7 days to ignore the letter. Cheque had been about 9 or 10 days previously so we thought it had just crossed in the post. Second payment sent on time. Then a couple of days before we were due to send 3rd payment got a letter from Moorcroft, a DCA saying amount outstanding was £400 (not £350) and they wanted the £400. Told them I was carrying on paying £50 per month and they had missed 1 lot of £50. Phoned British Gas who advised me even if money had left our account and had been received by them this did not mean the account had been paid. Then when we were down to our last £50 outstanding Moorcroft rang my OH and told him he was behind with payments and if he paid £80 then they would write the rest of the outstanding balance off. He paid. However despite having overpaid, Moorcroft are still chasing us for the "outstanding balance." Moorcroft will only look into this if we come up with copies (front and back) of all the cheques we have sent. This could prove very expensive. Then when I tried to get to the bottom of everything Moorcroft refused to speak to me as it was a BG debt and BG refuse to speak to me as it is a Moorcroft debt. This has not stopped them putting a Default Notice on my OH credit reference file. :? :? :? Anyone know how to go about removing this Default and if possible compensation for having to put up with this rubbish. juli99

Am in exactly the same position as you (OH's account), even down to the screen shot. Have already started mcol and had their defense which said it was up to my OH to prove that he didn't ask for insurance. My OH certainly did not ask for this insurance and because he is as blind as a bat did not read his statements which would have alerted him to the fact that when he was made redundant he would have been able to make a claim against it instead of struggling to pay the card off. juli99

Recieved Egg cards defense. Not to sure how to handle this one. Not too worried about the defense against the over limit charges but the defense offered up against the card holder repayment protector was "The Claimant is put to strict proof that he did not request CRP" Err how do I do that?

Good luck for tomorrow. Will be thinking of you. Just remember keep calm and state your case and don't let Abbey bamboozle the arguement. You know you're in the right. juli99

Got in touch with nice lady at OFT who told me to send the copy of credit agreement to her so she could have a look at it. I just needed to be sure that I hadn't missed something. Anyway to cut a long story short she said I hadn't missed anything, there was no mention of my having taken out insurance and that my next step should be court action. Prelim sent and Citi replied with stuff about having been successful with at least a dozen claims and the fairness of their £12 charges. Do you think they even read my letter or do they just send these letters out as a matter of course. I was also claiming all my insurance payments back. Their was no mention of these. If they had been successful surely they would have backed this statement up with at least the case numbers of the cases they had supposedly won. After all these cases are in the public domain so to speak. They speak about the fairness of their £12 charge. Not to sure how relevant this is as they have always charged me £25. juli99

I would have thought so. But if they don't keep any info prior to August 2003 wouldn't that mean they could not come up with the credit agreements of people who took out a Barclaycard before that date. Probably explains why I have not recieved mine. juli99

Took loan out to pay off egg credit card and further sum of money. Never recieved second sum of money and egg admit to not having any paper work on this although egg are chasing for the whole amount as OH signed for the whole amount. I know OH should have been more carefull but the list of medical problems he has means he misses stuff. (Came home the other day proudly announcing the fact he had paid off one dca by striking a deal with them. Great except for the fact he paid them more than he owed in the first place.) juli99

Well back to egg. Have been going backwards and forwards with them over my loan. Loan was made up of consolidation of credit card bill and another sum of money. Problem is Egg have no idea where the second sum of money went. HELP JULI99

The direct debit was cancelled and appears to have been set up again by the company a couple of months later. Already got on to the company and they are sending a refund of just over £600. Should say total bank charges comes to just under £2000 juli99

Well here we go, finally got oh to take responsibility and get access to his online bank account. Finally the penny has dropped when he realised that a week ago they took £150 for charges, and they have been paying a d/d that was cancelled a year ago. Total comes to nearly £2000. juli99

Nice one:)

Well after not hearing a dickie bird from Barclaycard for months I recieved this morning a letter from Moorcroft Debt Recovery saying they want the "debt" repaid in full. I think Moorcroft have actually bought this "debt" from Barclaycard. Given Barclaycard refused to send me statements predating May 2004 and failed to send me a signed copy of the credit agreement am I right in thinking they are in default and as such committed a criminal act. Is this letter ok to send to Moorcroft and I am not wrong in thinking this debt is unenforceable? Dear Sir/Madam, Barclaycard have failed to supply me with a copy of the original signed credit agreement for the alleged "debt" you are trying to enforce. This request was sent on 7/09/2006 together with the statutory fee of £1.00. I have given Barclaycard more than enough time to supply the original signed agreement and they have now exceeded the allowed time limit. By not supplying the documentation within the prescribed period of time Barclaycard have committed a criminal act under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974. Barclaycard were obliged to supply these documents, under section 189 of the CCA 1974. I do not acknowledge any debt to Moorcroft Debt Recovery Ltd or Barclaycard.. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. I will therefore not be making payments against this "debt" as it is unenforceable. I now consider the matter closed and no further correspondence regarding payment will be entered into. On 28th February 2007 you sent me a letter demanding payment of this alleged debt, even though Barclaycard are in criminal default. Trading Standards have been informed over the criminal breach and also the non compliance with the Data Protection Act. Additionally I require the removal of any defaults entered against my name. You have 14 days to comply and confirm in writing or I will apply to my local Sheriff Court for an order to enforce compliance, together with damages at the discretion of the court. Yours Faithfully, Any comments or advice on this matter would be greatfully recieved. juli99

To day recieved letter from HBOS saying total claim amount will be paid into loan account:D :D juli99

I am going to be out of action for several months. Managed to rip my bicep from where it is supposed to be attached to a bone in the shoulder left arm absolutely kills. Biggest problem I am facing is I will not be able to drive and we are miles from anywhere. So posting stuff etc is going to be near impossible let alone continuing with a court case for the next 3-4 months. Wondered was there a template letter anywhere that I could use to get the case stayed. I can get doctors letters and consultants letters to show that the operation is going to put me out of action for several months. juli99

Is there a way of putting the case on hold so that you could come back to it a later date if circumstances change? juli99

Update on this ongoing saga. Took court bundle into the courts and was told I would have to send Sainsburys copies to them by post. Court bundle was supposed to be recieved by them on Friday and I was, I presume, supposed to recieve their court bundle by Friday also. You've guessed it. I recieved nothing. Phoned courts this morning but was told that I would have to wait until Wednesday untill I could take any action and if Sainsburys do decide to put in their paperwork late then all the courts will do is move the date of the court case to 2 weeks later. Do really feel like I am knocking my head against a brick wall. juli99