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    • Paragraph 18 – you are still talking about Boston stolen items. About time this was fixed??? Paragraph 19  In any event, the claimant's PS5 gaming device was correctly declared and correctly valued. The defendant accepted it for carriage and was even prepared to earn extra money by selling sell insurance in case of its loss or damage. New paragraph 20 – this the defendant routinely sells insurance in respect of "no compensation" items (a secondary contract contrary to section 72 CRA 2015) new paragraph above paragraph 20 – the defendant purports to limit its liability in respect of lost or damaged items. This is contrary to section 57 of the consumer rights act 2015. The defendant offers to extend their liability if their customer purchases an insurance cover for an extra sum of money. This insurance is a secondary contract calculated to exclude or limit their liability for the defendants contractual breaches and is contrary to section 72 of the consumer rights act 2015. New paragraph below paragraph 42 – the defendant merely relies on "standard industry practice" You haven't pointed to the place in your bundle of the Telegraph newspaper extract. You have to jiggle the paragraphs around. Even though I have suggested new paragraph numbers, the order I have suggested is on your existing version 5. You will have to work it out for your next version. Good luck!   Let's see version 6 Separately, would you be kind enough to send me an unredacted to me at our admin email address.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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MKandy vs Capital One "WON"


mkandy
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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 Request) request sent yesterday, going to reclaim any charges and get the default off too. Should be relatively simple!

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!

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Yeah i've been reading up on the wins with Capital One. 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!

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  • 2 weeks later...

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!

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Are you going to ask for Contractual Interest?

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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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!

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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

WARNING TO ALL

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Yeah i realised my error this morning, i've sent out the letter not inclusive of any interest 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!

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  • 2 weeks later...

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 LBA 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!

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Sent rejection letter today! :D

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!

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Good, now the wait. .

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Long wait no doubt, given the postal strikes.

 

LBA, 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!

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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!

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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...

Co-Operative bank default removal - succesfull december 2007.

 

Capital One Bank default removal - succesfull february 2008.

 

Co-Operative bank Visa default removal- Claim filed March 2008

 

Smile default removal - ongoing

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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!

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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.

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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!

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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

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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% interest 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

[sIGPIC][/sIGPIC]

 

:)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

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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 One thread of your own best thing to do would be to post any questions on that.

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Is it worth applying for CCA before i proceed to court?

 

I want to get a default removed, and feel this could come in useful for leverage.

 

Andy

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!

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UK and Doo (Ithink) is your best bets for this one, but as far as I know you should be able to get the default removed if the charges make up the most part of the default. The advice is to claim default and charges as the same claim.

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Might do that first then, wait the 14 days then issue the N1

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!

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Hi Andy

 

I would get a CCA anyway. I have a feeling you may have an Application form and not a fully executed agreement. Worth a look. If this is the case then let us know.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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I don't remember signing anything! But then again it was 2002 and that was an awful long time ago.

 

CCA sent today - recorded delivery.

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!

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