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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

Why don't you come and introduce yourself in the Welcome section at the top of the forum. Then have a look around the rest of it.
Do not post or start claiming until you have read the entire FAQ section and step by step guides and you have a good basic idea of what to do and of the layout of the forum.
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Old 2nd December 2008, 00:50   #1 (permalink)
skintboy69
Basic Account Customer
 


I am in: merseyside
Posts: 90
skintboy69 Novitiate
Question How do I proceed??

Greetings Dudes. I wonder if some kind and knowledgable soul can give me some advise.

I started a claim against Cap One mid 2007, sent all the usual letters and received the usual pitiful 'gesture of goodwill'. This I declined and sent my LBA to which I received no reply. Unfortunately, at the time I was unable to find the necessary cash to meet the court costs and that's where it has been left since about October '07.

The question is (or rather the questions are):

Do I start again from scratch or just send a new LBA?

Do I re-calculate my Schedule of Charges up to the present?

Should I settle for 8% or go for the throat?

I no longer owe them anything at all. Does that make a difference?

They filed a default against me some years ago and I would like to have it removed. Should I do that at the same time as my claim or is it better to deal with it as a seperate issue?

Keep the faith.

T.
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Old 3rd December 2008, 00:31   #2 (permalink)
steven4064
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I am in: Lancashire
Posts: 9,795
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Default Re: How do I proceed??

Hi T

Repliesv in red
Quote:
Originally Posted by skintboy69 View Post
Greetings Dudes. I wonder if some kind and knowledgable soul can give me some advise.

I started a claim against Cap One mid 2007, sent all the usual letters and received the usual pitiful 'gesture of goodwill'. This I declined and sent my LBA to which I received no reply. Unfortunately, at the time I was unable to find the necessary cash to meet the court costs and that's where it has been left since about October '07.

The question is (or rather the questions are):

Do I start again from scratch or just send a new LBA? Just file in court - they have had plenty of warning

Do I re-calculate my Schedule of Charges up to the present? Yes

Should I settle for 8% or go for the throat? Up to you - just make sure you understand the issues (see my INterest Tutorial if you have any doubts)

I no longer owe them anything at all. Does that make a difference? No

They filed a default against me some years ago and I would like to have it removed. Should I do that at the same time as my claim or is it better to deal with it as a seperate issue? You must do it at the same timne to stand any chance of success

Keep the faith.

T.
__________________
Steven

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

Do you want to know if a credit agreement is enforceable? See Consumer Credit Agreements

My Claims

GE Money Won unconditionally May 2007
NatWest Claim 1
Won unconditionally August 2007
NatWest Claim 2 Statements received - on hold
NatWest Claim 3
LBA sent - on hold
Brighthouse Won unconditionally August 2007
Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)
Next Catalogue - Statements recieved
Clydesdale Financial Services Won unconditionally February 2008

Any opinions are without prejudice & without liability. Almost everything I know concerning the law I learned from this site.

You can e-mail me at steven4064 at consumeractiongroup.co.uk . However, please note, I will not give advice by PM or e-mail. Please
send a link
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Old 3rd December 2008, 23:05   #3 (permalink)
skintboy69
Basic Account Customer
 


I am in: merseyside
Posts: 90
skintboy69 Novitiate
Default Re: How do I proceed??

Hi Steven. Thanks for the advise. I'll drag out the old paperwork and wind up the pocket calculator again.

Just one more question: is the 8% simple or compound??

Apologies for being thick as s*#t

Keep the faith.
T.
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Old 4th December 2008, 00:09   #4 (permalink)
steven4064
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I am in: Lancashire
Posts: 9,795
steven4064 Authoritativesteven4064 Authoritativesteven4064 Authoritativesteven4064 Authoritativesteven4064 Authoritativesteven4064 Authoritativesteven4064 Authoritativesteven4064 Authoritativesteven4064 Authoritativesteven4064 Authoritativesteven4064 Authoritative
Default Re: How do I proceed??

SB

THe 8% is simple interest (section 69 of the county Courts Act 1984)
__________________
Steven

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

Do you want to know if a credit agreement is enforceable? See Consumer Credit Agreements

My Claims

GE Money Won unconditionally May 2007
NatWest Claim 1
Won unconditionally August 2007
NatWest Claim 2 Statements received - on hold
NatWest Claim 3
LBA sent - on hold
Brighthouse Won unconditionally August 2007
Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)
Next Catalogue - Statements recieved
Clydesdale Financial Services Won unconditionally February 2008

Any opinions are without prejudice & without liability. Almost everything I know concerning the law I learned from this site.

You can e-mail me at steven4064 at consumeractiongroup.co.uk . However, please note, I will not give advice by PM or e-mail. Please
send a link
to your thread and I will do my best to answer there.
steven4064 is offline  
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Old 4th December 2008, 09:30   #5 (permalink)
kibby
Basic Account Customer
Default Re: How do I proceed??

Hi Skintboy

I was in the same position as you. I filed all the papers last year LBA etc and only got round to lodging my claim against capital one in October this year.

I'll keep u posted how it goes.
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Old 4th December 2008, 22:22   #6 (permalink)
skintboy69
Basic Account Customer
 


I am in: merseyside
Posts: 90
skintboy69 Novitiate
Thumbs up Re: How do I proceed??

Thanks for the encouragement Kibby. Keep me posted.

I think Barclaycard are going to foot the bill for this one.

Keep the faith.
T.
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