Jump to content


  • Tweets

  • Posts

    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
    • Oil and gold prices have jumped, while shares have fallen.View the full article
    • 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?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
  • 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
      • 161 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

Kirky v Capital One | SETTLED IN FULL


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6465 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

Firstly, thank you to all the people on here who have given me unending support by just writing their findings, their templates and their worries. All the posts and the answers have encouraged me to "go for it" with Capital One and the Halifax.

I sent my request to Capital One for the backdated statements etc on 7th April 2006 and got quite a speedy response. Following that, I sent a preliminary request for repayment of £498 charges on 22 April 2006. I was offered £40.00 which I was told would be showing on my account on 6th June. I responded by telling them this was not sufficient and I still demanded full payment of £498.00.

I then got a letter offering me a further £160.00 - but had to sign a form to agree that it was in full and final settlement and that I would keep the settlement confidential. I declined and stated they had only a few days left in which to meet my full payment demand or I would instigate Court Proceedings.

I did that today, as I have heard nothing. The 14 days was actually up on 31st May, 2006 - but due to Bank Holiday, I decided to give them one more day....my summons has been issued today. Wish me luck - again - thanks for everything guys. Will keep you posted - they now have 14 days in which to respond. ;)

Capital One - SETTLED IN FULL £670.00 - 27.07.06

:D

Halifax Bank - SETTLED IN FULL £307.00 - 04.08.06

:wink:

Medinland

Data Protection Act letter sent 20.06.06

Moneyclaim started 24.07.06 (£735)

Defence submitted 02.08.06

My response submitted 07.08.06

Their response submitted 10.08.06

Hearing date: 19.12.06 watch this space!

I WON!!!

:rolleyes:

Link to post
Share on other sites

Good luck, it will be any time now:D

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

Link to post
Share on other sites

Thanks....I couldn't do it without everyone on here. Talk about team work! Cheers Natalie x

Capital One - SETTLED IN FULL £670.00 - 27.07.06

:D

Halifax Bank - SETTLED IN FULL £307.00 - 04.08.06

:wink:

Medinland

Data Protection Act letter sent 20.06.06

Moneyclaim started 24.07.06 (£735)

Defence submitted 02.08.06

My response submitted 07.08.06

Their response submitted 10.08.06

Hearing date: 19.12.06 watch this space!

I WON!!!

:rolleyes:

Link to post
Share on other sites

Capital One wrote to me on 8th May 2006, offering the £40.00 which I refused and said I was continuing with my claim for a FULL refund of charges, amounting to £498. They then wrote and offered a further £160 on 23rd May 2006. They had until the 31st May to agree to the full amount and did not write to me with a satisfactory offer, so I submitted my Court Claim on 1st June 200, which would be deemed to be served on the 7th June. Meanwhile, it seems they have decided to offer the £498 and sent a letter, dated 5th June(from THE Mr Udy!) which I received today (9th June). Too late now, as I had already spent a further £80 on court costs which I want reimbursing, not to mention the interest I added and the £10 fee for the DPA request. They have "acknowledged" the Court Claim and wish to defend. Is this just in hope that I will sign the letter I got today and they can get away with my costs and interest? I hope so! I'm getting nervous now, but will let it run and not correspond with them unless they offer the full £670.45 as per Court Claim.... any advice?:???:

Capital One - SETTLED IN FULL £670.00 - 27.07.06

:D

Halifax Bank - SETTLED IN FULL £307.00 - 04.08.06

:wink:

Medinland

Data Protection Act letter sent 20.06.06

Moneyclaim started 24.07.06 (£735)

Defence submitted 02.08.06

My response submitted 07.08.06

Their response submitted 10.08.06

Hearing date: 19.12.06 watch this space!

I WON!!!

:rolleyes:

Link to post
Share on other sites

Threads merged - please stick to 1 thread

 

You are doing the right thing - don't accept anything now less than full claim amount + interest + costs. They will pay up!

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Hi Kirky,

I would advise you to write a letter to Mr Udy saying that due to their slow response you have now started court proceedings. However if he is prepared to pay for the extra costs, out with £498 unlawful charges you will consider the matter closed.

Personally I have sent a letter to cap one for Dpa so I am a few steps behind you.

Any way best of luck whatever you decide to do . . .

Hondamad21 :)

__________________

EGG CC Default Removal: Have reported Egg to Trading Standards, Summery Claim - 2nd Hearing Date 09/10/07. Click here to read posts

Monument CC: received statements, now need to send letters. . . !

BoS Current Account: Settled

Citi Cards: Hhmm seems like I have sued the wrong “entity”. Aaaaahhhhh . . .. oh well back to court I go, and they have settled in full!!!

 

:-D:p:D

This is just advice from me. If you are not sure please seek legal advice. However if what I have said has been helpful, than please add to my reputation by clicking on the scales :D

 

Link to post
Share on other sites

  • 2 weeks later...

Hi, sent that letter to Udy on 9th June, not heard a thing yet, but I guess they are really busy....watch this space for more news.

Capital One - SETTLED IN FULL £670.00 - 27.07.06

:D

Halifax Bank - SETTLED IN FULL £307.00 - 04.08.06

:wink:

Medinland

Data Protection Act letter sent 20.06.06

Moneyclaim started 24.07.06 (£735)

Defence submitted 02.08.06

My response submitted 07.08.06

Their response submitted 10.08.06

Hearing date: 19.12.06 watch this space!

I WON!!!

:rolleyes:

Link to post
Share on other sites

Just got a letter yesterday saying they have no record of someone with my name at my address....I got married in May and informed them of this, sending a copy of my marriage certificate...funny how they could respond to me saying here is the full amount please sign - only two days after I submitted a court claim...I have written back and explained the error of their ways and quoted the three letters which show my new name (and reason) in bold.

Capital One - SETTLED IN FULL £670.00 - 27.07.06

:D

Halifax Bank - SETTLED IN FULL £307.00 - 04.08.06

:wink:

Medinland

Data Protection Act letter sent 20.06.06

Moneyclaim started 24.07.06 (£735)

Defence submitted 02.08.06

My response submitted 07.08.06

Their response submitted 10.08.06

Hearing date: 19.12.06 watch this space!

I WON!!!

:rolleyes:

Link to post
Share on other sites

Still no response for Udy or any other body within Capital One, checked my balance this morning and nothing has been credited, other than the £40 "Good Will Gesture" promised ages ago. Clicked on the button today on the Court Claim....hope this works!

Capital One - SETTLED IN FULL £670.00 - 27.07.06

:D

Halifax Bank - SETTLED IN FULL £307.00 - 04.08.06

:wink:

Medinland

Data Protection Act letter sent 20.06.06

Moneyclaim started 24.07.06 (£735)

Defence submitted 02.08.06

My response submitted 07.08.06

Their response submitted 10.08.06

Hearing date: 19.12.06 watch this space!

I WON!!!

:rolleyes:

Link to post
Share on other sites

Capital ONe have managed to get my claim rejected, because they now are refusing to acknowledge who I am - saying that I have not advised them of my change of name (I got married during the process). This will now go to court, but I have completed my court questionnaire and informed the court that they had already agreed to make a partial refund and responded to my new name without question. Is this just a bit of a time-waster, or do you think they will get away with this one? I'm going to be very disappointed if this is the case, as they previously offered all my charges back, plust the £10 DPA fee, but I had already commenced proceedings, therefore demanded the £80 court costs and interest too....advice please?

Capital One - SETTLED IN FULL £670.00 - 27.07.06

:D

Halifax Bank - SETTLED IN FULL £307.00 - 04.08.06

:wink:

Medinland

Data Protection Act letter sent 20.06.06

Moneyclaim started 24.07.06 (£735)

Defence submitted 02.08.06

My response submitted 07.08.06

Their response submitted 10.08.06

Hearing date: 19.12.06 watch this space!

I WON!!!

:rolleyes:

Link to post
Share on other sites

To be honest, I don't think they have a leg to stand on.

 

Is any of the correspondence that they have sent to your "new" name marked "without predjudice"?

 

I think they're just stalling/trying to scare you.

 

By the way, whereabouts in s.yorks are you?

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

Link to post
Share on other sites

Hi Monkey

Tried to send a private message, as you were asking my whereabouts, but your message box is full - so it won't let me.

I'm in Doncaster.

They didn't send letters in my new name, but they didn't query why I was calling myself that until they received the court claim - so I figured they were stalling for time. They are still messing me about, because I have now received a letter saying they have received my marriage certificate, but still can't amend my account until they get both signatures on one letter for comparison...I pre-empted that and sent a letter by recorded delivery - they would have got it yesterday. I am not sure what else they can do now!

Capital One - SETTLED IN FULL £670.00 - 27.07.06

:D

Halifax Bank - SETTLED IN FULL £307.00 - 04.08.06

:wink:

Medinland

Data Protection Act letter sent 20.06.06

Moneyclaim started 24.07.06 (£735)

Defence submitted 02.08.06

My response submitted 07.08.06

Their response submitted 10.08.06

Hearing date: 19.12.06 watch this space!

I WON!!!

:rolleyes:

Link to post
Share on other sites

"Both signatures for comparison"?!

 

WTF? Are they having a laugh!

 

"A. Smith" is bound to look different to "A. Jones" when signed.

 

Or am I being thick and misunderstanding you?

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

Link to post
Share on other sites

Tell me about it Monkey..........talk about delay tactics...they take the biscuit. Anyway - they can't do anything else now, except let it go to court. I don't think they would win, because as I said, they had already acknowledged me when I wrote in my new name twice. It was only when they received a court claim that they suddenly decided they hadn't got a clue who this woman was!

Capital One - SETTLED IN FULL £670.00 - 27.07.06

:D

Halifax Bank - SETTLED IN FULL £307.00 - 04.08.06

:wink:

Medinland

Data Protection Act letter sent 20.06.06

Moneyclaim started 24.07.06 (£735)

Defence submitted 02.08.06

My response submitted 07.08.06

Their response submitted 10.08.06

Hearing date: 19.12.06 watch this space!

I WON!!!

:rolleyes:

Link to post
Share on other sites

  • 2 weeks later...

Well, they stretched it for as long as they could, but I finally got the full settlement figure offered in a letter. I am not contacting the court to let them know it's over until the fat lady sings (until the amount has cleared my account!). Another one bites the dust.

Capital One - SETTLED IN FULL £670.00 - 27.07.06

:D

Halifax Bank - SETTLED IN FULL £307.00 - 04.08.06

:wink:

Medinland

Data Protection Act letter sent 20.06.06

Moneyclaim started 24.07.06 (£735)

Defence submitted 02.08.06

My response submitted 07.08.06

Their response submitted 10.08.06

Hearing date: 19.12.06 watch this space!

I WON!!!

:rolleyes:

Link to post
Share on other sites

have capital one closed your account since re-inbursing you

hairybear ;)

 

lloyds tsb - preliminary sent 25/07/06 (recorded)

replyed 08/08/06

08/08/06 lba letter sent(recorded delivery)

01/09/06 sent 2nd lba letter to lloyds replyed

08/09/06 told not doing anything no offer made :mad:

19/09/06 - filed claim with money claim,

20/09/06 - issued

02/10/06 -claim acknowledged

19/10/06 - defence served

24/10/06 - copy of defence & AQ recieved

07/11/06 - deadline for AQ return

07/11/06 - took AQ to courts& paid £100

07/11/06a lso sent copy to SCM recorded with another copy of charge

10/11/06 recieved copy of **** AQ, requesting 1 month, also stating not available november

16/11/06 recieved court date set for FEBRUARY 13th 2007

 

 

Link to post
Share on other sites

No, they just sent standard letter with notification of refund stating that I must remain within my spending limit and pay on time in future, or further charges would be made to my account.

Capital One - SETTLED IN FULL £670.00 - 27.07.06

:D

Halifax Bank - SETTLED IN FULL £307.00 - 04.08.06

:wink:

Medinland

Data Protection Act letter sent 20.06.06

Moneyclaim started 24.07.06 (£735)

Defence submitted 02.08.06

My response submitted 07.08.06

Their response submitted 10.08.06

Hearing date: 19.12.06 watch this space!

I WON!!!

:rolleyes:

Link to post
Share on other sites

Donation Made Today - Thanks You Guys!

Capital One - SETTLED IN FULL £670.00 - 27.07.06

:D

Halifax Bank - SETTLED IN FULL £307.00 - 04.08.06

:wink:

Medinland

Data Protection Act letter sent 20.06.06

Moneyclaim started 24.07.06 (£735)

Defence submitted 02.08.06

My response submitted 07.08.06

Their response submitted 10.08.06

Hearing date: 19.12.06 watch this space!

I WON!!!

:rolleyes:

Link to post
Share on other sites

Congratulations!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

FD £691.50 SETTLED IN FULL £691.50 :D

FD CREDIT CARD £75, SETTLED IN FULL £75 :D

MBNA CREDIT CARD £1784 SETTLED IN FULL :D

BARCLAYCARD . . .£500 BACK SO FAR . . NOW OFF TO COURT FOR MY OTHER £1200

 

PLEASE BE AWARE . . .MY OPINION IS JUST THAT . . IF IN DOUBT SEEK QUALIFIED LEGAL ADVICE x

Link to post
Share on other sites

Nice one Kirky!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

Link to post
Share on other sites

Congratulations Kirky

 

Do Capital One send you a cheque or do they take the charges off the balance of your credit card ?

 

I had my account credited, but if the amount they had to pay was more than my balance, the remainder would have been by cheque...

Capital One - SETTLED IN FULL £670.00 - 27.07.06

:D

Halifax Bank - SETTLED IN FULL £307.00 - 04.08.06

:wink:

Medinland

Data Protection Act letter sent 20.06.06

Moneyclaim started 24.07.06 (£735)

Defence submitted 02.08.06

My response submitted 07.08.06

Their response submitted 10.08.06

Hearing date: 19.12.06 watch this space!

I WON!!!

:rolleyes:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...