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.

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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.

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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.

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  1. #1
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    Default Alphageek Vs Capital One ***WON***

    Hi to everyone in the Capital Oneicon forum.

    I am just starting out with my Cap One claim and having been reading a lot about MBNAicon recently, I was wondering why there were no threads in here about sending a CCA request initially.

    I take it they can and do provide true copies of the executed agreement so a CCA would be a waste of time?

    Thanks.

    Similar Threads:

  2. #2
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    Default Re: Alphageek Vs Capital One

    I should add that I am interested in a CCA because I have been getting charged for PPIicon and I don't remember requesting it.


  3. #3
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    Default Re: Alphageek Vs Capital One

    Sent SARicon via recorded delivery this morning to;

    Legal Compliance Specialist
    Capital Oneicon Bank (Europe) plc
    Trent House
    Station street
    Nottingham
    NG2 3HX

    They will be deemed to have received it on 17/05/2007.



  4. #4
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    Default Re: Alphageek Vs Capital One

    Any thoughts on the CCA / PPIicon angle?


  5. #5
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    Default Re: Alphageek Vs Capital One

    Royal Mail site shows the SARicon was delivered today.


  6. #6
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    Default Re: Alphageek Vs Capital One

    Alpha
    No-one has replied to your Q, so here you are, this is what I sent (from letter in Templates Section:
    Dear X



    Re: ACCOUNT NUMBER: xxxx xx

    With reference to the above account, I would be grateful if you would send me a copy of my credit agreement.

    Within the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

    I understand that a copy of my credit agreement should be supplied within 12 working days.

    Please note that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

    I look forward to hearing from you very shortly.

    Yours sincerely

    Me
    Enc.



  7. #7
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    Default Re: Alphageek Vs Capital One

    Hello Paintball. Thanks for that.

    Do you know if cap oneicon are being able to send the true copies of the executed agreement?


  8. #8
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    Default Re: Alphageek Vs Capital One

    Sent a CCA today. Deemed to have been received on the 21.05.07.


  9. #9
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    Default Re: Alphageek Vs Capital One

    Just read the post by BankFodder, New advice from the Information Commissioner, accordingly I have amended my CCA letter slightly. Added bit in red at the bottom.

    Keep your receipts and counterfoil for the recorded delivery and use the Royal Mail site's tracking facility to get your proof of delivery (POD), print it out and staple them all together.

    That will give them considerably less wriggle room

    My House
    My Town
    Postcode


    Date

    Naughty Bank
    c/o Wormwood Scubs
    London
    Postcode




    Dear Sir/Madam



    Re: − Account Number 0000 0000 0000 0000

    With reference to the above agreement, I would be grateful if you would send me a true copy of the executed credit agreement.


    I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of this credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. This £1.00 is to be used purely for the purpose of sending a copy of the agreement, and under no circumstances should it be used for any other purpose (e.g. credited to my account).

    I understand a copy of this credit agreement should be supplied within 12 working days.

    I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

    I look forward to hearing from you.



    Yours faithfully,




    Alphageek




    Enc: Postal Order serial number 000000
    Via Royal Mail Recorded 1st Class – DL xxxx xxxx xxGB


  10. #10
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    Default Re: Alphageek Vs Capital One

    Good stuff.

    In the light of a number of people in the cap oneicon forum who have requested theie CCAs and not received them (I received more garbled copies of my statements and a return of my £1 cheque which wasn't actually there), if the same happens to you, you may need to write in again with an lbaicon as it could be construed as non-compliance ...

    Thoughts?


  11. #11
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    Default Re: Alphageek Vs Capital One

    Well, the clock is ticking Paintball. So I guess it's just wait and see.

    Did you CCA them and what was the outcome?


    The REAL Axis of evil:
    Banks, Credit Card Companies & Credit Reference Agencies.

  12. #12
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    Default Re: Alphageek Vs Capital One

    Quote Originally Posted by Alphageek View Post
    Well, the clock is ticking Paintball. So I guess it's just wait and see.

    Did you CCA them and what was the outcome?
    Yes indeed tick, tock ...

    I received from cap oneicon a letter saying 'here's your CCA and have your cheque back cos we don't charge for this'.

    But ... no CCA just weird copy statemtns and NO cheque. Cheeky sods, if anyone from Cap One is reading this, you'll get your come-uppance


  13. #13
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    Default Re: Alphageek Vs Capital One

    I have just been playing around with some of the spreadsheets and the APR calculator.

    Cap One are currently charging me 34.93% APR on Purchases and the same on Cash Withdrawals. No wonder they print the monthly figure of 2.53% on the statements.

    I don't consider myself to be a particularly stupid person, so how have I ended up using a credit card with such a high APR? Oh, I remember now - the banks have taken so much of my money over the previous years and I got in to a spiral of borrowing more to pay them and using CCards in place of being able to use my income!

    Capital Oneicon: What's in your wallet?

    Lots of my money that's what! But when this is finalised, your card won't be in my wallet any longer!


    The REAL Axis of evil:
    Banks, Credit Card Companies & Credit Reference Agencies.

  14. #14
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    Default Re: Alphageek Vs Capital One

    Hi, I have received a reply from CapOne. I will post it later.

    I have tried to read through the .pdf version of the CCA (http://www.passprotect.studio400.me....t_Act_1974.PDF) this afternoon and see lots of references to prescribed term and layouts etc. but cannot see a list of what these prescribed items are.

    Can someone point me in the direction of a list so I can check what they have sent has all the things it needs to make it a proper agreement.

    Thanks.


    The REAL Axis of evil:
    Banks, Credit Card Companies & Credit Reference Agencies.

  15. #15
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    Default Re: Alphageek Vs Capital One

    Here is the letter I received from them.

    Capital Oneicon Bank (Europe) plc, PO Box 5283, Nottingham, NG2 3YG.

    Alphageek
    Address

    22 May 2007

    TEL: 0800 9525150
    REF: xxxxxxxxxxxx

    Dear Alphageek

    Account No. 0000 0000 0000 0000

    Thank you for taking the time to write to us about your account.

    I understand you'd like a copy of your credit agreement so I've included a copy with this letter. I've also arranged to send you the terms and conditionsicon for your account. These will arrive separately within the next two weeks.

    You've asked that we don't use the postal order you've included in your letter for any other purpose. As we don't charge for supplying this information, I'm returning this to you and won't add it to your account.
    However, your account is currently one month behind in payment and over the agreed credit limit so it is important you make a payment as soon as possible to avoid further charges.

    I hope I've explained things clearly and you'll accept my best wishes for the future.

    Yours sincerely

    Person

    Executive Office Manager
    I am going to scan and upload what they sent me as the agreement. It's too low quality to OCR.


    The REAL Axis of evil:
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  16. #16
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    Default Re: Alphageek Vs Capital One

    Here is the 1st page

    Note: I did not obliterate the bit where they signed it. Looks like it was done with a marker pen!

    Here is the 2nd page

    I also got my postal order back and a copy of a leaflet entitled "Please tell us when we make a mistake..." "...because nobody's perfect"

    I am not sure if this agreement has all of the prescribed terms on it or not.


    The REAL Axis of evil:
    Banks, Credit Card Companies & Credit Reference Agencies.

  17. #17
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    Default Re: Alphageek Vs Capital One

    I got this today in the mail from them;

    My Address

    25 May 2007

    Dear Alphageek,

    Account Number: 0000 0000 0000 0000

    Thank you for your recent enquiry. I have enclosed details of the terms and conditionsicon for your credit card account. Please keep these details for future reference.

    If you have any further queries about your account, please call our Customer Services Team on 0800 952 51 50.

    Yours sincerely


    signatureicon


    Person
    Customer Accounts Manager
    Two big pages of terms and conditionsicon;

    Page 1

    Page 2

    I also received a reply to my SARicon with a load of computer abbreviations and their meanings, lots of screen dumps from their system showing my account details containing loads of the codes referred to earlier and my statements from date of opening to date.

    There are two things I notice.

    1: The T&Cs state charges of £12. My early statements show the old level of charges of £20

    2: There is PPIicon on my statements and the information they have sent re my CCA request has no mention of PPI or me asking for it.

    I am going to fill a spreadsheet in soon to work out the amount of charges etc. they have levied to my account.

    Any advice on what my next move should be?


    The REAL Axis of evil:
    Banks, Credit Card Companies & Credit Reference Agencies.

  18. #18
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    Default Re: Alphageek Vs Capital One

    I have been using CompoundSheet_v1.9.xls from this site and have 1 question and 1 problem

    Question: I cannot see anywhere where I agreed to PPIicon so I am going to claim this back. Do I just enter it on to the spreadsheet along the LATE FEEs and the like?

    Problem: On the Charges & Interest tab, on the right where you enter Interest Date, Interest Charged, Account Balance at Interest Date and Interest Free overdrafticon (I have entered 0.00 in this column), the Interest Paid on Penalties column is not populating with any values.

    This is causing the s69 8% Interest tab and the C.Interest (Daily) tabs to have 0.00 in the columns where the interest on the interest I have paid on penalty charges should be calculated.

    HELP! What am I doing wrong?


    The REAL Axis of evil:
    Banks, Credit Card Companies & Credit Reference Agencies.

  19. #19
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    Default Re: Alphageek Vs Capital One

    Has anyone else had this problem with the spreadsheet?


    The REAL Axis of evil:
    Banks, Credit Card Companies & Credit Reference Agencies.

  20. #20
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    Default Re: Alphageek Vs Capital One

    I think I might try the Google version. Is it the same?


    The REAL Axis of evil:
    Banks, Credit Card Companies & Credit Reference Agencies.


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