Thread: deedee1310 v Capital One **WON**

Dear All,

to cut a long story short, Cr*pital One defaulted my account in May 2005 and obtained a CCJ against me in Jan 2006. My account defaulted at £684.11 due to their excessive penalty charges (my limit was only £200).

I am wondering how to proceed with regards to claiming back my money and getting the adverse credit removed.

I have (yesterday) written to their Legal Compliance Department with a CCA request. I'm going to try and follow this route to see if I have any sucess in removing my adverse.

Is it wise to do this? I would still like to claim back the £600 (or more) odd pounds that they charged me in penalty fees.

As an alternative, should I apply for a set aside to the CCJ, on the grounds of dispute with the claimant due to penalty charges that were levied, which (if successful) would remove it and take it back to them?

Any advice that you all have, will as always be greatly appreciated.



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I have finally bitten the bullet and decided to engage Cap One on two fronts.

I have sent them a CCA request last week 11/6/07 and today, I have sent them a preliminary letter requesting £910.87 for charges. I sent my lovely request to:

Capital One
Mr R Udy,
Executive Office Manager,
CapitalOne (Europe) PLC,
Trent House,
Station Street,
Nottingham.
NG2 3HX

Using contractual interest at the rate they were charging me (34.9%) the interest they owe me is £910.87 plus the £910 they charged me = Grand total £1820.87.


If I was wrong to do this, then no doubt all the lovely people of this forum will tell me.

Look forward to your comments shortly.

deedee

Can anyone advise?

Bryan Carter keep calling me. I really don't want to speak to them at the moment. However they were successful in obtaining a CCJ against me for this debt and even got a warrant of execution which I paid. This was all before my CAG days.

I received a letter from them in May stating that the debt for the judgement had been satisfied but that their client (Crap One) still reserved the right to pursue me for the outstanding balance (or words to that effect).

I have sent my Prelim letter to Crap One last week as you will know. The penalty charges that they levied against the account were four times my credit limit!!

Should I apply for a set aside due to the fact the CCJ obtained was for a debt for which 80% of it is for unlawful penalty charges?

I have been advised to do this for CapQuest by P.O.E.T see thread CapQuest CCJ and will do so by the end of this week.

As Bryan Carter have managed to get as far as the enforcement stage with me, I just want to know how to word my N244 to have the judgement set aside. I don't then trying to re-enforce the debt whilst I am disputing it.

All advice and help will be, as usual, greatly appreciated.

deedee

I'm slightly baffled at Crap One.

I sent a CCA request to the Crap Ones on 11/6/07. On 16/6/07 I then sent a request to be repaid £910 with contractual interest at 34.9%.

Today I have received a letter thanking me for my recent enquiry, with an enclosure of terms and conditions. It is dated 24/6/07. I know that in the Preliminary letter under CPR Pre-Action Protocol 4.6(c) terms and conditions are requested, but these are supposed to be the ones in force at the time your account was opened (in my case 2001). This one is more recent.

Has anyone else experienced this?

deedee

bump

Hi UKAviator.

Thank you for your PM. Yes these TCs match the ones that were sent to me.

I have another update to add to my thread. I have received a letter today from Cr*p One. They have made me an offer of £20-£12= £8 for each charge levied. Total offer £354 plus £30 for interest charged.

This is hilarious as my claim for charges alone is £910. I am also going for default and CCJ removal so this offer is not acceptable. I'm going to re-read some of the Crap One threads I read before starting my claim, namely Tanzarelli v cap one... £ + default **WON** but would appreciate any advice. Should I reject the offer OUTRIGHT or should I accept it as PART SETTLEMENT and still claim for the rest?

Anyway I'm off to read and start formulating my rejection letter (if at all) but any comments/advice in the meantime would be appreciated.

deedee

Well to update.

Today I sent a Combined Offer Rejection and lba letter to the Cr*p Ones.

£354 for a £900 odd claim is ridiculous. Plus I am going for default and CCJ removal, so this isn't going to be entirely straight forward.

I have re-read Tanzarelli's thread as he had a default removed as part of his claim, so will be taking my cues from there. However any other input is more than welcome.

deedee

Well deedee
you know my response,


you are in a win win situation. They are all in a changed climate and pondering. Get stuck in!! (given your family commitments)

There is never a better time!




Don't back down!! lolxx

Thanks doo (I'm resisting the urge to make a rhyming couplet)

Any help and advice will be greatly appreciated.


deedee xx

Well the Cr*p Ones strike again!

I have received the following in the post today

1. My signed application form (not CCA as requested) together with
2. terms and conditions which
3. The Crap Ones reckon forms my agreement.
4. A template of both the default notice and notice of default which
5. they reckon are identical to the letters that were sent to me and
6. screen prints of my account records confirming the dates the default notice and statements of default were issued.

They also had the cheek to state that I still owed them £440.11

Has anyone else received similar documents? I know some members have received their application forms and others the terms and conditions. I will photobucket all the above later.

deedee

Just had a thought - well I'm thinking out loud so bear with me.

1. Cr*p One obtained the CCJ against me for the sum of £256. The default balance showing on my credit file is £684.11. I have been through all the paperwork I have and the only thing I have with regards to this judgement is the N30 Judgement for Claimant, which they obtained in default, and bailiffs letters for enforcement of the judgement. They obtained this because I did not defend their claim (I didn’t get any paperwork). So like my Cr*Quest CCJ, this is another situation where I have not received the relevant paperwork.

2. Why did they claim for £256 if they defaulted me for more?

3. I am claiming for default and CCJ removal as part of my settlement. I have seen successful claims for removal of defaults and adverse credit markers but nothing on CCJ removals. Am I the first to go for this?

4. Bryan Carter applied for a warrant of execution to enforce the debt. I paid it this year. They sent me a letter in May 2007 stating that the judgement debt (£256) had been satisfied but that I still had an outstanding balance of £495.11 that needed to be cleared and that Cr*p One reserved the right to issue proceedings for the balance (I dare them) Does this mean that with regards to the judgement debt, there is nothing more they can do?

5. I have sent a CCA request and received the rubbish as highlighted in my last post (I will upload these docs soon). How can I use these to my advantage?

6. I will make an SAR as I really need to see ALL the information they have on me as I realise now that isn’t just about reclaiming unlawful penalty charges for me.

Sorry for going on. I’m trying to work out a plan off action as I sent my lba a couple of days ago and have 14 days to decide how to proceed. Thank you all as usual.

deedee xx

Thank's Trev. I'll keep searching.

deedee x

Thanks UkAviator.

I guess I'm more concerned about the CCJ. I haven't seen anyone else do this yet. I don't want to have to pay for a set-aside. They had no right pursuing one in the first place and I realise now that I didn't receive the paperwork at the time, in order to defend the claim.

I have insisted on it's removal alongside the default as part of my claim. I really want to know how to word this on my POC when it comes to that stage. I have Laiste on the case with regards to my Cr*pQuest CCJ so perhaps I should ask her about this one too.

deedee xx