A very good friend of mine has just revealed she owes wage day loans £6500 from an original loan amount of £200!!

Not too sure on the details but I don't think she has ever made a payment.

Are these amount of charges enforceable? What can she do?

Regards, Rob

Well my mate is an auto spark, he came around and changed a bulb for me in about 2 and a half minutes.

 

Its done now anyway, Im just not going to go back to that garage, ever.

I think the garage would also be happy in that case:rolleyes::rolleyes:

Thanks matey:) Will do as soon as cheque appears! yep got the lloyds one which i'll be filing shortly! Hows yours going? I keep hearing peoples claims being stayed only until early Jan? Surely there will be appeals etc on the OFT case-although i'm not complaining!!

Also looking into an old store card-creation/duet card? dont know if this might go back more than 6 years though? do you know the situation with claiming more than 6 years?!

Anyways thanks for all the help-no doubt i'll be bothering you again soon about Lloyds:D

Settlement letter received today! I'm sure you've all seen these before-few snippets-"without liability blah blah blah" "it is clear you have no claim against Capital One" (then why pay me?) "if you no longer agree to adhere to these terms,I respectfully request you consider closing your account" (beleive me i've tried!!!)

I filed my claim after the oft announcement at Leicester court if this info is of any use??

Thanks for all the help-especially UK!

EASY EASY EASY

YOU SHAADDAAPP

YIDDO 1 CAPITAL ONE MINUS £1986.95 I WIN!!!!!!

From what you have typed it just means you have received notification that the bank are going to defend your claim - they should send a copy of their defence too

 

Credit card claims should not be stayed but if they are yhou will receive notification of this. if this does happen you should write to the court & explain the waiver does not apply to c/cards.

 

hope this answers your Q?

Yes thats right-i've received intention to defend.Dont know if you've ever dealt with Cap One before but apparently they acnowledge the claim,say they are going to defend,then pay up! So i should be payed back any day now really I wouldnt put it past them to try and get this stayed-just got a bit worried with it saying on here that ALL claims in Leics are being stayed !

Thanks for the help.

Cant beleive what i've just read-i received acnowledgement of service and intention to defend the claim from Cap One on the 9th Aug. I filed at Leicester CC does this mean my claim will be stayed??? i thought credit card claims were still ok-i'm soooooo close!!!!!!

Great-i wasnt feeling so cocky when i read that i gotta tell you Uk,hope they dont pay it into my acc as balance is nil!! hope fully get a nice little cheque:D

Acknowledgement of service recieved today-

"The defendant responded to the claim indicating an intention to defend all of the claim"

"The defendant has 28 days from the date of service of the claim form (which i still dont know when it was served?) with particulars of claim,or of the particulars of claim,to file a defence."

Well...1 week since I filed-heard nothing yet-apart from above...

Notice of Issue received today-it says claim was issued on the 2nd but no other dates on it! (deemed served & defendant to reply) do i count the weekend or not? bit confused:confused: Do i need to send someone my litigation details??

oh dont worry matey-i'll definately be filing!!! just as i read cap one bit easier to deal with kinda concentrated on this one first!!

Ahh-relief-thats the word i was looking for.

Whats the word you feel if you should've filed against lloyds about a month ago but spent too much money boozing on holiday and now you've got a possible stay of up to 2 years??? :mad:

N1 Filed-i read most people get a bit nervous at this stage-i'm quite excited:D is this normal i wonder?

great cheers matey-and belated congrats!! how long did it take after N1 for them to cough up? Hear Cap 1 not too bad??

Hi all does anyone have any experience with above companies? They did cards for Capalito,Pilot,Adams,JJB,Sainsburys had a card a good few years back with these and remember getting into trouble when i was young and slightly more silly than i am now!

I dont have an Acc. No though as this was obviously closed a few years back-(God im makin myself sound old!) So a couple of questions

1.Can i just send an SAR quoting the address i was living at at the time?

2.Do i have to send proof of who i am now im living at a different address-photocopy of passport etc and maybe utility bills for proof of current address?

3.Can i claim back over 6 years? think the account might have been opened 1999/2000?

Any advice greatly recieved

BUMP going to file N1 tommorow morning! can any one tell me if my poc's look ok?

New POC read as follows if anyone would take 5 mins to read through and please confirm ok or other wise i would be most grateful as this is the third i've done and i dont own a printer!!! Also i'm absolutely itching to file these-due tommorow!!! thanks

Particulars of Claim

yiddo v Capital One Bank trading as Capital One

Account

The Claimant has a Capital One Credit Card Account ---- ---- ---- ---- ("the Account") with the Defendant which was opened on or around 1/7/2000.

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A schedule of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account, as outlined in the attached schedule, are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or are not related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of The Unfair Terms in Consumer Contracts Regulations (1999) paragraph 8 and schedule 2 (1) (e), The Unfair Contracts Terms Act 1977 section 4 and the Common Law.

c) The Claimant believes these charges to be a penalty. Penalty charges are irrecoverable at Common Law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79, along with Murray v Leisure Play [2005] EWCA Civ 963. It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that these charges do not reflect any actual and or real loss. In the event that the charges are not a penalty, they are unreasonable under The Supply of Goods and Services Act 1982 section 15.

5. The Claimant deems the Defendant’s charging regime to be unlawful, since the charges are unconscionable, remain unsubstantiated, and amount to unenforceable penalties at law. If the Defendant avers that its charges are fair, reasonable and therefore enforceable, its remedy will be to defend the claim by providing evidence of its actual losses or pre-estimate of costs in relation to the Claimant’s account breaches. Since the Defendant has been invited to do so prior to the issue of court proceedings, and has refused, and since the Claimant is aware that the Defendant has failed to defend any other similar claim, choosing to settle before the trial dates, the Claimant deems the Defendant’s charges to the Account to be indefensible, and unenforceable at law. It was clearly not in the Claimant’s contemplation when entering into the contract, that the Claimant would authorize the Defendant to apply penalty charges to the Account, or to profit in an unlawful manner from the Claimant’s account breaches.

For the contract to confer advantageous terms (i.e. entitlement to compensation) on one party (the Defendant) where there is no comparable term in favour of the other party (the Claimant) is to create an imbalance in the parties’ rights and is contrary to the requirements of Regulation 5 (1) of the Unfair Terms In Consumer Contracts Regulations 1999 ("UTCCR").

Regulation 5 (1) of the UTCCR states as follows:

5. (1) "A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the consumer."

Therefore, to satisfy the requirement of fairness within the definition given by the UTCCR, the contract would have to provide a mutual or reciprocal term permitting the customer to apply the same rate of interest on any unauthorized withdrawals from the customer’s account by the bank (the Defendant). The interest claimed is therefore deemed to provide an equitable remedy.

6. Accordingly the Claimant claims:

a) The return of the amounts debited in respect of penalty charges and interest in the sum of £1444 and any interest charged thereon;

b) Court costs;£120

c) the claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from 8/6/2001 to 3/8/2007 of £422.95 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of£ 00.31

Statement of truth

I believe that the contents of these particulars of claim are true.

Signed

ooppss EDIT!!

not claiming contractual though so in place of this ok to just put 'the claimant claims interest under section 69 of the county courts act 1984'

cheers uk-found similar on woodentops thread-i'll type it up and post it for you to have a quick scazz at if that ok?

whoa!! panic stations-new poc? thought these where bank specific? Cant seem to see one for Cap 1 Already had these printed out an ready to go as well any one any idea if there are any new cap one poc's or can anyone point me in the right direction to ammending them?????

lloyds have been difficult for the last 11 years i've been banking with them so i dont expect them to change now!! Yep expecting a stay too. Is it the new POC that have been posted in bank sections you mean?

i used to work for nationwide-in my experience they book that much work in and put you under that much pressure to "upsell" that things like this are inevitable! I would not advise you to hire your own car then try to claim it back as it more than likely will leave you out of pocket!! Instead speak to the regional manager he will already know about the problem and demand a hire car-yours could be off the road for weeks depending on what damage has been done-they have contracts to service and repair many rental companies vehicles-it wont be a problem for them to sort out! if you kick up a little more fuss you'll probably get a free service and mot-providing you still want to go back-but thats about it im afraid-let me know how it goes

will do uk!-all done and ready to go!! If only id listened to your good advice with regards to my lloyds claim-think i would've been paid out by now!!