ukaviator...your a star turn. whatever that is...a star that turns i suppose hehe. really thankyou very much. i'll take this over tomorrow. the ball has officially began rolling again people! wooohoooo

ok just reading over this then...ammm...me heads spinning (thinking about that song...you spin me right round baby right round like a record player right round right round haha:o :grin: ) UKaviator, send about sending in form 125, thankyou steven for the link to that... does that mean i just send that and not an N1 form or do i send both in?? bloody b*ullocks, as you can tell i would make a fantastic lawyer. anyone needing legal representation contact me on 0800 your going to lose

brilliant steven thankyou very much ok ok...just doing this now... one question in the POC (http://www.consumeractiongroup.co.uk/forum/show-post/post-1191734.html) for cRapital one it states the terms and conditions as of oc 2007...do i include this even though i closed my account in aug 2005. slowly but surely im getting there people..."it will be mine, oh yes it will be mine"

hey people? does anyone know where i can find "form 125"???????

Form 125, can i just pick that up at the court? sorry for the delayed reply wee sis was in the hospital there for a while with a scare so everything else was put on the back burner...not good fun. people thankyou sooo much for helping me out...im going to follow this through grrrr arrrrrrrrrgh!!

its about £1400? i'll look to those cases aswell now

ok so this is the part i got scared the last time... so to let ye's know i'm from n.ireland. will this make a difference? do i now send the letter to the courts...the n1 forms. is it just a case of sending three copies to the court. and reading ammani's posts, 300 file on the case in court. how did it get to that size????? i'm seriously in need of help peoples...scared again...but want to keep going

hello people... so i got a reply today, so i'll type it below (feccin scanners broke). dear mr me, account no. (big number here) thank you for taking time to write to us about the fees we've added to your account. I understand you think these fees are unlawful and i'm sorry you feel we've treated you unfairly. I wrote to you in May 2007 to offer a refund of the fees totalling £408. My offer of £408 is still open to you. I won't be increasing this, as it is my final offer. I have included a new statement dorm for you to sign and return if you accept my offer. Once i get it back i'll you a cheque for this amount. As I've already explained, we're confident our fees are both fair and legal and I'm disappointed to hear you're considering court action. The OFT hasn't told us that we're obliged to refund any fees, we've offered redunds as a gesture of goodwill. I'm afraid i won't be refunding all of the fees as you've asked. I've reviewed your account to check the accuracy of the information reported to the credit reference agencies. All the information we sent them is correct, which means that i can't authorise any amendments. We have a legal obligation to report a true reflection of the way your account is run to the agencies. Financial regulations require me to advise you that this is my final response in relation to this matter. However, you now have the option to contact the Financial Ombudsman Service within six months from the date of this letter. Their contact details are in our complaints leaflet, which i included with my last letter. Continued... Again i look forward to receiving your signed settlement form so we can this behind us and save the court's valuable time. (please note, calls to the 0845 number at the top of this letter will be charged at a local rate. The cost will vary depending on your service provider. Calls may be recorded/monitored for training purposes) Yours sincerely Ellie Renshaw Executive Office Manager

Brilliant people..thankyou very much for the posts back...i'll get that away now and look forward to next week when i send the n1 form away...im going to follow through this time. thank you again.

my accounts been closed for some time so no new charges...so...i'll send LETTER BEFORE ACTION Dear Sir/Madam, CARD/ACCOUNT NUMBER: xxxxxx I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations. I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I calculate that you have taken £1,092.00 plus £296.16 which you have charged me in interest for the sums which you have taken. Total £1,388.16 Additionally, you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you, or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account. In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable. I require repayment in full of this money and removal of the default notice. If you do not comply fully within 7 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice. Yours faithfully, ???? cheers for getting back to me

hey people...i've been crap...kinda got scared and fell to the way side...last year...i sent the lba in june...then printed the court documents...but never sent them...just afraid of what would happen. but reading on here again...its kinda like they took the money from me pocket...and if someone did it on the street you'd chase them for miles! hehe do you think i should send them now and get the ball rolling again...or start from the start again. i've lost track of this completely. i hope some one can help me here...would really love to get this back on track. have i left it too late? please help me and let me know what should i do!?

ok ok...right things may have taken a turn here...i haven't done anything for a while, because i've been away and didn't want to file anything to miss something...is it ok now just to send them straight on in. and posting them...who should i address them to in the court...and should i write them a letter before hand saying what the forms are for#?

can anyone help?

oooh and were it says "Interest under s.69 County Courts Act 1984 £xxx.xx"....how do you work out this figure?...? sorry again! or would this not apply to me considering my account is not longer open with them?

keep one and hand the rest into the court...so do i send an n1 form to capital one...at the nottingham address...so that would be one kept here for me...two for the court and one for capital one...jeepers i feel sooo dense! THANKYOU FOR YOUR PATIENCE PEOPLE!

ok...my account with them is closed...where do i get the t&c or cca? or even...what should i all send...sorry im pretty lost!? and you said three one to cap one to the bank...and to keep a fourth for meself...who;s the third for then?!?!?!?! arrrrgh welcome to lost town population me! hehe

ok ok ok...again people thankyou for the feed back...again im kinda lost...not like the show...just generally. am...the n1 form...do i send that to just the court? capital one aswell...and if so to what address with capital one?

cheers again camdenite...im going to get that letter off first thing tomorrow morning, thats the 40th day then. im also going to try and fone them this week to see if i can get them to hurry along...just wondering does any one know if theres a direct line to the right department...or just go straight to customer services and ask there?

i did...that this would close the complaint...yes. so i suppose it never thought of it that way...i just didn't see the words full and final agreement...thankyou for getting me to check that. im going to fill in the n1 form and that tomorrow. wanted to check something over the weekend there...i was wondering...the cost for filing the claim is 120 for...at the moment im unemployed and looking for work...do i still have to pay for it? and do you have to pay it when filing the claim? sorry to nag....thankyou again for getting back to me...on both the abbey and this one camdenite

ok...so i recieved a letter..an offer from capital one...the one i turned down on the phone...it goes something like this... dear mr "me" thank you for writing to us about the fees we've added to your account. I understand you'd like us to refund the fees we've charged, as you don't believe they reflect our costs. I'm sorry you feel we've treated you unfairly. to explain, we automatically add late payment fees if your payment is missed, arrives late or isn't enough to cover your minimum payment. We'll add overlimit fees if you balance goies over agreed credit limit, which is £xxx. When we opening your account in july 2002, we sent you a credit card agreement which clearly explained these fees. by signing and returning this to us, you agreed to the terms and conditions for the account including the fees. As you're probably aware the office of fair trading has challenged the level of bank default fees. although we feel £20 is a just fee, we've reduced our fees to £12 so that we're in line with our competitors. I appreciate that you've incurred previous charges at the higher rate, and would to address this. i've reviewed your account and, as a gesture of goodwill, i'd like to offer to reduce the fees we've charged to £12 each. This amount totals £408. if you'd like to accept this offer, please sign and return the settlement form i've included. once i get it back i'll add these refunds to you account. to avoid more fees, you neeed to make sure we receive your monthly payments on time. on you statement, you'll find your payment due date and a date we recomment you make your payments by, also you need to make sure your balance doesn't go over your credit limit... while you're disputing these fees, it is important that you maintain payments as your account balance consists of transactions that you have made. failure to do this may result in negative information being recorded on your credit file, which may affect your abilit to gain credit in the future. i hope i've explained things clearly, but if you do have any other questions, please write to me again. you'll find mey address in the leaflet i've included, which also explains our complaints procedure. if i dont hear from you with four weeks, i'll consider this matter closed. once again, i'm sorry to hear you feel we've treated you unfairly, and i hope we are able to put this behind us and move forward from here. ok...so i was wondering to..considering i dont have an account with them anymore...when they say add the amount to your account? do they mean send me a check? also i was wondering even though on the fone i said i'm rejecting this and will be filing a court order...could i now write back saying...i would like to accept this as part of a ful payment?? thanks again let me no people?!!?!?!? ryan

what if im not totally sure of what the total amount of charges is against me? should i ask for a random figure..."i would like 3 million into my bank by tomorrow or else i'll be getting a certain govenor of california to come a knocking" hehe. i was about, going to send this... LETTER BEFORE ACTION Section 7 – Data Protection Act 1998 Dear Sir/Madam Account: xxxxxxxx I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 23/04/07 . The disclosure of personal data is incomplete in that at least the following documents are missing. 1) You have failed to provide a complete list of transactions and charges between January 04 and 20th of April 07. 2) You have provided no notes, or documents relating to any legal action between you and myself. 3) You have provided no notes, or documents relating to instances of manual intervention. This is not an exhaustive list by any means, it is just an example of some of the information I am missing. Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998. The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court. Yours faithfully, as i say, i was going to send that tomorrow...or maybe email it. oh and thanks for that email address? what do you's think?!

cheers, that would be really brilliant...thanks again!

ok...so im going to wait til 40 days are up...or tomorrow and send the letter saying that i hadn't recieved all of the details from them...then maybe a fone? what do you's think?

thankyou for the replies chorlton and noddy, really...i was feeling a bit dejected today, kinda thinkin i'd done something wrong...but after that call i can't wait to send the next letter away. just to check noddy? should i send to letters...one comfirming the telephone call and then the filing letter?

ok so i just called them... the guy told me they had sent me a letter on the 25th offering me compensation of £408...which is about 25%...i told him i didn't recieve the letter...and to re-issue please...and that i wont be accepting the offer. i then told i will be filing a claim against them today. was this the right thing to do...?? should i send them a letter now rejecting the offer...and a claim?