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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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    • 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
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Lovely letter from Cap 1! ***WON***


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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!

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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??

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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:

 

 

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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.

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  • 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!!:)

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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

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  • 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?

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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

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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

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  • 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?

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  • 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???!!!

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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.

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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.

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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.

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  • 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

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  • 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

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