Jump to content


  • Tweets

  • Posts

    • Your page numbers should run through your WX and exhibits so im concerned its page x of 9.
    • 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.
    • UK travellers have been turned away at airports because their passports are not valid for EU travel.View the full article
    • i think theres been MORE than amble evidence of that and am astonished that criminal proceedings haven't begun.
    • Yep, those 'requirements' not met to shareholders satisfaction seem to me to be: 1. Not being allowed to increase customer bills by 40% (of which well over 50% of the new total would NOT be investment) 2. 1 plus regulators not agreeing to letting them do 'things in their own time (ie carry on regardless)
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Lovely letter from Cap 1! ***WON***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5618 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Taken ages to make a start on this one but finally sent prelim letters off for 2 accounts with Cap 1. I paid a 'reduced' amount to a DCA some years ago for 1 account and another DCA are pursuing me for 2nd (although have been advised in dispute). I marked 14 day deadline on calendar (7 July) and prepared my LBA.

 

Got a letter today relating to one account which was really really nice and fluffy and offering me money back! Well, when I say nice, the amount they were offering me wasn't particularly nice - in fact it was less than half the amount I was claiming in charges alone - let alone interest!

 

They state that the OFT has challenged the level of default sums and as such they are reducing the amount I was charged to £12 and giving me an extra £20 as an acknowledgment of interest that I may have incurred. Was a bit puzzled by that bit as they know I have incurred interest as they were the ones that charged it - and it was considerably more than £20!!

 

Anyway going to decline their offer via my LBA and see what happens!

Link to post
Share on other sites

Got a bit of a query if anyone's on?

Been reading other threads and there are a couple who have asked for CCA?

If this goes to the court stage, which I assume it will, do I need a copy of my original credit agreement and the terms and conditions that I signed up to at the time??

Link to post
Share on other sites

You don't need a copy of the original agreement if you arejust recaliming charges. The T&Cs mwould be useful if it ever got to court but seeing as there is as much chance of that as Elvis performing aat Glastonbury, you don't need to worry too much :rolleyes:

 

 

Link to post
Share on other sites

Thanks Steven - will bear it in mind and see how we go. I am challenging them on 2 accounts and got a similar letter today regarding the second account, once again offering me about half the amount I am claiming and then very kindly offering to let their DCA know that they only need to threaten me for a reduced amount!

 

The funny thing is that the amount the DCA are chasing me for is about the full amount of charges levied by Cap1 - interesting! I was wondering whether to reply saying, thanks for offering me half the amount you owe me - how about I pay this to you and you accept half the amount you reckon I owe you!!:lol:

 

LBA on second account off today.

Link to post
Share on other sites

  • 2 weeks later...

Oooh D Day is here!! Heard nothing from Cap 1 with regard to my LBA so as 14 days now up it's time to take action!

 

Think read somewhere not to use MCOL with credit cards for some reason so will have a go at the N1. Fingers crossed won't take too long!!:)

Link to post
Share on other sites

That's right, do not use MCOL, your claim will be automatically be on hold thinking these are bank charges.

 

Keep us posted. . .

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

Link to post
Share on other sites

  • 2 weeks later...

Got a letter from Cap 1 in relation to my 2nd account. Says the OFT hasn't told us that they are obliged to refund any default sums and they have offered refunds as a gesture of goodwill - how kind!

 

They also say that as they have sold my debt to Robinson Way and while they are happy to honour the refunds they have offered, I need to contact them directly to arrange repayments.

 

They won't provide a breakdown of their costs as this is confidential business information and they look forward to recieving my signed settlement form so that we can put this behind us and save the courts valuable time.

 

Is this their usual response?

Link to post
Share on other sites

YES. This is their usual kind of letter

Capital One only payout after you file at court usually within 28 days so stick to your guns and YOUR timetable not theirs.

Carry on with this claim as you have with your 1st claim and just wait for your money to arrive!

[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

Link to post
Share on other sites

Jackiej

 

If they have sold the debt, you will have a default registered against you on your credit file. If the default was issued as a result of the charges, then demand that they remove it in the settlement.

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

Link to post
Share on other sites

  • 1 month later...

Thanks all for your comments and support. Checked with the court today and they have recieved my N1 and POC but they have not yet sent it out to the defendant but will do over the next couple of days.

They have given me a case number - do I need to note this anywhere?

Link to post
Share on other sites

  • 2 weeks later...

Defendant filed an acknowledgement of service on 23rd September 08.

They intend to defend all of the claim and theynow have 28 days from date of service to file a defence.

 

Now, I need to work out the 28 days timeline but do I need to start preparing a bundle at the moment or should I just hang on until I recieve a copy of their defence?

 

When does the allocation questionnaire get sent out and does it usually go this far with Cap 1 - can anyone help???!!!

Link to post
Share on other sites

Crap One always say they are going to defend - but they won't. You'll probably get a letter from them very soon offering the full amount of your claim. This will probably arrive before the defence does, along with a request from telling you to discontinue. Don't discontinue until you are satisfied that the money has cleared into your account. If there is a balance outstanding on your card they will use the charges reclaim to reduce/pay off the balance and send you anything left over by cheque.

Link to post
Share on other sites

Hi sorry to butt in here, i have taken cap 1 to court for charges, interest and defualt and all aderse info removed, they have said they are going to defend all the case but i got a letter from cap 1 this morning saying that they will pay in full charges interest and court fee and remove the defualt but will not remove late payment markers from cra's, also they have contacted the court to say they have paid in full and i should contact the courd to discontinue the case now, what should i do next, are the late payment markers just as bad as default? if i say no they havnt settled in full because of the late payment markers, how should i now go about it because their deadline to defend is thursday, and how do i know they will still remove default if i discontinue the case??

 

any help is appreciated and sorry to bump thread.

Link to post
Share on other sites

My best advice would be not to discontinue, if you want the late markers removing as well.. Refuse their offer, keep the claim intact and keep it going. You would have a better chance of getting the lot if you keep it altogother. However, I'm not sure about whether late payment markers are as bad as defaults. Wouln't have thought so, although obviously they are not good. If it was me, I might well take what they are offering and live with the late markers. I suppose they would argue that you were late in paying, so they would be justified in leaving the late markers on your file. Not sure what others would advise. At the end of the day you have to go with what's best for you, at the time, in your situation.

Link to post
Share on other sites

  • 3 weeks later...

Hi all,

 

Just to let you know, Cap 1 have paid out in full and removed the default!!!

Thanks for all your help and donation on way via cheque.

 

Got a second account with Cap 1 so N1 off today and fingers crossed for that one!!

 

Thanks to everyone for help and can site team change title of thread to "won!" :-D:-D:-D

Link to post
Share on other sites

  • 2 weeks later...

Hi Jackie, congratulations on winning ur claim. Im in the same position. I lodged my claim against capital one a few weeks ago but because the court told me the wrong amount for the fee it has taken them near 2 weeks to refund me and the claim will only be lodged this week :mad:

 

Anyway, i just wanted to know, ur account was passed on and so was mine. Im paying back my account to Capquest, will this hold my claim up??? When u won how long before u received ur money?

 

Any help is much appreciated

Prelim letter sent to Ulster Bank for £1734.00 on 18 September

Received offer of £150 - 30/09/06

LBA sent 02/10/06

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...