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    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
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Noumidia Vs Capitalone


Noumidia
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Hi

 

I made a claim against Capital one about the charges in 2014 by sending the first letter then followed by LBA.

 

On 14th April 2014, I received a letter from Capital one refused to refund the charges and they stated in their letter

“Financial regulations require me to advise you that this is my final response in relation to this matter.

If you fell I have not resolved your complaint to your complete satisfaction,

you now have the option to contact the Financial Ombudsman Service with six months from the date of this letter.”

 

I know I should have taken the case to the court sooner after I received the rejection letter for the claim.

 

On February 2017, I decided to make fresh claim and I send LBA,

Capital One replied to my LBA by saying

“Please refer to our letter dated 14th April 2014,

which was our final response on this complaint.”

 

Also the keep saying I had the chance to contact FOS within 6 months from the date of our final response.

My question is can I still file a claim through a small claim court?

capital#21_02_2017.pdf

capital#16_11_2016.pdf

capital#14_04_2014.pdf

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don't forget you have to abide by the new pre action protocol now

it changed 1st oct.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes because it works vice versa... Claimant claims money for charges etc

the new debt protocol says '...This Protocol applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual...'

 

ps

could you imagine a bank/business having to fill out the reply form, and income and expend form, and seeking debt advice from cab etc. that would be interesting. :)

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Hi

I send a Sar I. 2014 and received the whole pack as usual.

 

However the statement is back dated from 2002 even the a/c was open in 1999.

 

Between 2002 and 2004 there are about £500 of charges in late and cover! Iimit fee.

 

My question are

1) Should I file a court claim ignoring the charges before 2002?

 

2) Is possible to file a claim directly to my near county court ?

 

Thank you for your assistance

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  • 2 weeks later...

have you had a look at their brief guide

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/639667/MCOL_Userguide_for_Claimants_August_2017.pdf

 

if you're not comfortable doing the extra re the PoC, then it may be easier for you to do it on paper.

 

see what the guys suggest.

 

broken link above, try this one

https://www.gov.uk/government/publications/money-claim-online-user-guide

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Hi Ford

 

 

I think, MCOL it's little complicated and I am more comfortable with filling N1 as I did against Barclay and Lowell. As the claim is over 5k I want to make sure everything is right, Cap1 are more harder to deal with but take my chances with them as they give me hard time 10 years ago default,CCJ and charging order which still stand.

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forgot to add

also, now, a paper n1 for a fixed money claim should be sent to the money claims centre, salford.

the fee is also a bit more when doing paper.

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  • 2 weeks later...

Hi

I went today to my local Croydon County Court to hand my N1 as my Poc does not fit MCOL's Poc,

sadly all counter services were shut down few months ago.

 

If phoned MCOL help line and advised to send the N1 to Salford with the fees as a cheque or a postal order

however, i don't have a cheque book anymore.

 

MCOL advised to send the extra Poc to the defendent within 14 days of the claim being issued with a covering letter and fill the N215.

 

My question is

1) Does anyone has a template for a short statement to fill up the part5 of MCOL form?

 

2) Do i need to tick the right to claim interest under the county court or not to tick it and include the county court interest in Poc?

 

Thanks in advance for any assistance

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  • 1 month later...

it is defended then?

no fee for aq, it just needs to be completed and filed in time.

you didn't see the user guide info i posted then.

:)

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Hi Ford

Probably I missed the link, but thanks for the reply and I am not forgetting your assistance last time when with a successful claim against Barclay card in 2013. I am pleased you are still around.

Thank you

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sorry, to double check,

you are the claimant?

at what stage are you at

have they defended, and it is now proceeding after you have paid the fee to continue?

you may need to pay a fee

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Anyone know how is the fees for allocation questionnaire, few years ago was £40. I couldn't find it in Ex50 leafle as the deadline is 29 January. Any assistance would be appreciated and thanks

 

Replaced by the hearing fee which is paid later after allocation and detailed within the Notice of Allocation.....amount ...date to be paid.

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Hi all

Here is the update of the claim from MCOL

 

 

  • You submitted a claim on 08/12/2017 at 15:00:42
     
  • Your claim was issued on 11/12/2017
     
  • Capital One (Europe) plc filed an acknowledgment of service on 19/12/2017
     
  • A bar was put in place for Capital One (Europe) plc on 12/01/2018
     
  • Capital One (Europe) plc filed a defence on 12/01/2018
     
  • DQ sent to Capital One (Europe) plc on 12/01/2018
     
  • Capital One (Europe) plc filed a DQ on 30/01/2018DQ filed on 30/01/2018.
     

Capital1 is playing Hard ball but I will go all the way until the hearing day and start preparing the defense

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