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.
Prelim sent 13/3/07
Comedy letter received from Robert Udy dated 22/3/07 with offer of £304. lba rejecting offer and requesting settlement in full sent 28/3/07
In post today, second comedy letter from Mr UDY telling me that "we are confident our fees are both fair and legal" not confident enough to actually turn up in court though to defend them
He repeats his final offer and adds "I'm afraid we won't be refunding all of the fees as you've asked." He is a card isn't he!!
Included with this was a leaflet saying "Let us know when we make a mistake, nobody's perfect" I would have liked cap one to have done the same for me, but they just slapped lots of rotten charges on instead!!
just sitting here waiting 'til I get my money back
Good luck -- I'm just about to go down the same route myself!!!!
jaxads
Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.
Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.
GE Money - Received settlement of £441, being total charges requested. No interest though.
CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!
EOS Solutions "ceased action on account" on behalf of a friend.
All in all, quite busy at the moment and enjoying every minute of it
Aviator -
thank you your messages. Apart from the sound advice you give, I appreciate the fact that you read our updates and post messages of encouragement
Paintball, watching your thread with interest, let us know if you get a defence sent to you.Capital One are fighting paying my CCI and have offered charges, 8% stat, all purchase interest paid on the account and court fee. Have rejected settlement. Today received defence from the court and an allocation questionnaire.http://www.consumeractiongroup.co.uk...r-capital.html
Been keeping up with your claim and have just had another read through. As I see it and as you have pointed out, you have declined cap one's offer and are pursuing CCI as a matter of 'mutuality and reciprocity' on their unauthorised (in point of fact unlawful) charges.
The judge will decide what rate of interest is paid out NOT Cap one but I don't see them pursuing your claim in Court
Paintball, you are right on the above postings, had they offered me my charges back at the beginning I would have obviously had to accept them, but it's now nearly 3 months since I started my claim (had to delay it as they had issued a default on my account and when I questioned it they promptly took it off but waited for confirmation from CRAs). They have had their time with all of us and pushed us all the way to court action, now I hope I do not appear as being greedy but it is now a matter of principle, and as court action has started I think it is now time for the court to decide.
Paintball found this.After the aq's have gone back, if/when the judge has agreed to the directions in the draft order you will then need to provide; a) Your schedule; b) Your statements showing the charges. Alternatively the list of charges which the bank provided under your S.A.R - (Subject access request); c) A statement of evidence - see post #55 below. d) All the statutues and case law on which your claim relies. Ie, UTCCR's, UCTA's, SOGA, case law, etc. You'll find all of this in the Basic Court Bundle.__________________
sorry above is a bit messy to read for some reason it won't let me paragraph it - Oh have just seen on above posting you have found it too, not so bad is it, will keep this in mind. I like to be prepared, sounds like you do too, just like to get my head round everything so I am clear on my actions. Hopefull we won't need it lol
Paintball vs Capital One *WON*
Total £1248.66
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