Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default MKandy vs Capital One "WON"

    Had a default placed on my account by these lovely people, had some hilarious letters sent back by them basically telling me to get lost.

    S.A.R - (Subject access requesticon) request sent yesterday, going to reclaim any charges and get the default off too. Should be relatively simple!

    Similar Threads:

  2. #2
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    Default Re: MKandy vs Capital One

    Yep, Cap1 are quite straightforward.
    You WILL have to file court action, but they normally fold before it gets into court.

    Be VERY careful whose advice you listen too

  3. #3
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    Default Re: MKandy vs Capital One

    Yeah i've been reading up on the wins with Capital Oneicon. I have no problems taking it to court, the default amount is only £300 odd, and was applied 4 years ago. Based upon that, and the fact most of it is made up charges i'm hoping they wont bother persuing a court case for such a small amount of money.

    NatWest - WON! £3350 Paid back
    Vodafone - Default removed
    Citicards - Judgement awarded for £1898, default remains though...for now....
    Capital One- WON! Settled out of Court £392 + Default Removal!

  4. #4
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    Default Re: MKandy vs Capital One

    All statements and manual intervention recieved today (very promptly, and Special Delivery too!).

    Charges only amount to £360, spanning a year but the point is it amounts to more than the default amount they placed on my credit file (hurrah!). Preliminary Request for Repayment to be sent first thing tomorrow.

    NatWest - WON! £3350 Paid back
    Vodafone - Default removed
    Citicards - Judgement awarded for £1898, default remains though...for now....
    Capital One- WON! Settled out of Court £392 + Default Removal!

  5. #5
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    Default Re: MKandy vs Capital One

    Are you going to ask for Contractual interesticon?


  6. #6
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    Default Re: MKandy vs Capital One

    The standard 8%? Yup

    NatWest - WON! £3350 Paid back
    Vodafone - Default removed
    Citicards - Judgement awarded for £1898, default remains though...for now....
    Capital One- WON! Settled out of Court £392 + Default Removal!

  7. #7
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    Default Re: MKandy vs Capital One

    Ok, the 8% you can ask for at the court stage, not in your preliminary letter. You will probably get a small offer of some charges back, but if you follow the procedures you should get all of your charges back. You will have to file with the court first though. It has been this way for over a year now.

    Uk


  8. #8
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    Default Re: MKandy vs Capital One

    Yeah i realised my error this morning, i've sent out the letter not inclusive of any interesticon charges, and i've stated this in my Preliminary letter. I will argue the Interest if/when it gets to a court stage, we're not talking a massive amount here though, roughly £30.

    The main thing i'm looking to resolve is the outstanding default, which is less than the total accumilated charges.

    NatWest - WON! £3350 Paid back
    Vodafone - Default removed
    Citicards - Judgement awarded for £1898, default remains though...for now....
    Capital One- WON! Settled out of Court £392 + Default Removal!

  9. #9
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    Default Re: MKandy vs Capital One

    Reply recieved nice and quickly today. Offering me the difference (as expected)

    Quick question though in terms of next steps. Shall i get a copy of the CCA and send the lbaicon still (accepting the partial offer).

    NatWest - WON! £3350 Paid back
    Vodafone - Default removed
    Citicards - Judgement awarded for £1898, default remains though...for now....
    Capital One- WON! Settled out of Court £392 + Default Removal!

  10. #10
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    Default Re: MKandy vs Capital One

    Sent rejection letter today!

    NatWest - WON! £3350 Paid back
    Vodafone - Default removed
    Citicards - Judgement awarded for £1898, default remains though...for now....
    Capital One- WON! Settled out of Court £392 + Default Removal!

  11. #11
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    Default Re: MKandy vs Capital One

    Good, now the wait. .


  12. #12
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    Default Re: MKandy vs Capital One

    Long wait no doubt, given the postal strikes.

    lbaicon, then Court Action! Hooray!

    NatWest - WON! £3350 Paid back
    Vodafone - Default removed
    Citicards - Judgement awarded for £1898, default remains though...for now....
    Capital One- WON! Settled out of Court £392 + Default Removal!

  13. #13
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    Default Re: MKandy vs Capital One

    Recieved a reply to my rejection letter!

    Generic words to the effect of:

    'Our offer stands, get lost sucker, here sign another form (which they didnt attach), this is my final letter, let's put this behind us so we can save the court's valuable time.'

    Ellie Renshaw.

    I find the last bit hilarious! Save the courts valuable time! How about you just pay me instead then!

    I'm going to file an N1 soon (when funds allow as decorating comes first!). How much does is cost to file? Amount is only around £350...

    I suppose the steps after filing will include, full offer, neglecting the default on my Credit File. They tell the court i've settled. I then disagree, they remove default, i go and buy my new tv?

    NatWest - WON! £3350 Paid back
    Vodafone - Default removed
    Citicards - Judgement awarded for £1898, default remains though...for now....
    Capital One- WON! Settled out of Court £392 + Default Removal!

  14. #14
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    Default Re: MKandy vs Capital One

    Remember to mention clearly on your N1 that this is regarding a credit card account otherwise it gets stayed automatically until the OFT case.....i made this mistake and then had to send separate forms and charges requesting a lift on the stay...


  15. #15
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    Default Re: MKandy vs Capital One

    Where abouts? They wont be offended by CAPITALS will they?

    NatWest - WON! £3350 Paid back
    Vodafone - Default removed
    Citicards - Judgement awarded for £1898, default remains though...for now....
    Capital One- WON! Settled out of Court £392 + Default Removal!

  16. #16
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    Default Re: MKandy vs Capital One

    When I handed mine in the clerk said they knew Crap One it weren't bank claims so there wouldn't be a problem, and there wasn't. To make sure, I put "......return of penalty charges levied to the claimants Crdit Card Account" in the Brief Details of Claim part on the first page of the N1. Suppose it depends what Court it is as well and how up on things they are. I filed at Walsall. Did the same on OH's Snatchwest claim and that hasn't been stayed either.


  17. #17
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    Default Re: MKandy vs Capital One

    Thanks Wendy - how much was the fee for filing?

    NatWest - WON! £3350 Paid back
    Vodafone - Default removed
    Citicards - Judgement awarded for £1898, default remains though...for now....
    Capital One- WON! Settled out of Court £392 + Default Removal!

  18. #18
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    Default Re: MKandy vs Capital One

    It was £80 when I did my Crap One claim, but the fees have changed now from 1st October. Have copied from Courts website for you

    up to £300
    £30
    £300.01 – £500
    £45
    £500.01 – £1,000
    £65
    £1,000.01 – £1,500
    £75
    £1,500.01 – £3,000
    £85
    £3,000.01 – £5,000


  19. #19
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    Default Re: MKandy vs Capital One

    Sorry if it seams that I'm hijackking I'ts not my intention!

    hi I'm Claiming

    £818 in Charges
    £230 Self litigation Fee
    £211.25 Stat 8% interesticon to date and
    daily rate of £0.18

    when I put total claimed on my N1 do I include the stat interest to date ie; total ammount claimed £1259.25 or £1048.00

    I would be grateful for any help


    Surely life can't get any worse it has to only get better from hear on out

    LTSB- My claim like thousands of others is Stayed
    Cap 1-See my tread about that one
    Barclaycard- Won before court stage
    GE capital -2 accounts and LTSB card letter asking for refund stage (Waiting for out come of the above to carry on with these ones )
    Sars sent for all my mums accounts
    About to start PPI claims on My Mums accounts

  20. #20
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    Default Re: MKandy vs Capital One

    Thats what I did on mine, except I didn't have a self litigation fee (whatever that is). I put the part about the daily rate underneath the total that I'd put in the value part.

    As you've already got a Capital Oneicon thread of your own best thing to do would be to post any questions on that.



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