Some advice please.

I have claim in to CapOne for charges and CI. CapOne's defence is that 1 - They have repaid the charges and SI and court fee on the 8th June & 2 - Do not agree CI as no unjust enrichment, cos we have repaid charges.

Until Friday they had not repaid me anything despite writing to me and the court twice to say we have repaid the charges and have included it in their defence. So I wrote to court last week when I got CapOnes' defence and said no repayment, plus there are three major errors in the witness statement they are relying on in court (it gives the wrong date in court by 3 months!) please will the court strike out the defence.

Friday evening get back from work and the cheque is on the door mat! Drawn on the 25th July and envelope postmarked 9th August! We are in court on Tuesday 14th August.

Was quite happy to attend court and take my chances with POC for CI via M+R because the claim was intact and they are a credit card not a bank.

Now am thinking I should write (fax first thing Monday) to both the court and CapOne and say that as the cheque is finally here and together with the recently judgment in the Sempra case I wish to revise my claim and my court bundle. Would the court please postpone the court date for a month while I revise my position and to give CapOne the opportunity to reconsider their position.

Now am I requesting a postponement? is there a legal term and can I do this the day before the hearing?

Lol well we now have a special offer on. No credit agreement = 100% off

I look forward to hearing from them, as Debt Managers wrote to me last week they had returned the paperwork to Next after I told them no Credit Agreement!

Write back and tell them if anyone calls you will ring the police and report them for trespassing. You could also enclose a copy of your letter to Next and advise that you are well aware that no credit agreement means no enforceability.

It is all just them trying to scare you into making payments - be strong they have nothing without the credit agreement.

If I were you I would write to both the court and the bank stating that a recent judgement has just been published which is highly relevant to your claim and which you wish to include within your submissions and rely upon at the hearing.

Some advice please.

I have claim in to CapOne for charges and CI. CapOne's defence is that 1 - They have repaid the charges and SI and court fee on the 8th June & 2 - Do not agree CI as no unjust enrichment, cos we have repaid charges.

Until today they had not repaid me anything despite writing to me and the court twice to say we have repaid the charges and have included it in their defence. So I wrote to court last week when I got CapOnes' defence and said no repayment, plus there are three major errors in the witness statement they are relying on in court (it gives the wrong date in court by 3 months!) please will the court strike out the defence.

Today get back from work and the cheque is on the door mat! Drawn on the 25th July and envelope postmarked 9th August! We are in court on Tuesday 14th August.

Was quite happy to attend court and take my chances with POC for CI via M+R because the claim was intact and they are a credit card not a bank.

Now am thinking I should write (fax first thing Monday) to both the court and CapOne and say that as the cheque is finally here and together with the recently judgment in the Sempra case I wish to revise my claim and my court bundle. Would the court please postpone the court date for a month while I revise my position and to give CapOne the opportunity to reconsider their position. Is that the right way to do this?

thanks Student

The US Justice official clearly said on the news that "anyone who flew BA to North America paid to much".

I also understood that BA were merely the first after Virgin blew the whistle and that other airlines were also being investigated, following the information BA provided.

Bump

Is anyone going after British Airways for the Fuel Surcharges on flights between 2004 and 2006?

I flew to New York March 2005 so will be researching it all, when I have finished with numerous credit cards and bank accounts!

I am asking for ALL monies ever paid. As a fall back will ask for all interest back. The penalty charges are £10 so not worried about them.

For all CAGers yes but I will PM you on my return oh confused one.

I have started a new thread for the next phase against NEXT!

http://www.consumeractiongroup.co.uk/forum/store-cards/106362-next-retail-no-cca.html#post1018931

I've taken the above from Monty2007's thread because, as far as I can ascertain, there hasn't, thus far, been a definitive response and I'm keen to see one.

 

Can someone, please, tell me whether or not its permissible for negative feedback to remain on your credit file if the company responsible for it cannot produce a properly executed agreement.

 

I'd have thought it unlikely, but don't claim to know.

 

Surely someone can provide a definitive answer?!

 

Fred_Funk

I think the unenforceability is the least of the creditors worries but soon the courts will give us an answer as I have started the process to go to court, hope you don't mind the link below

http://www.consumeractiongroup.co.uk/forum/store-cards/106362-next-retail-no-cca.html#post1018931

Have started a new thread for the next chapter on NEXT, in a month or so will get interesting.

Regards

http://www.consumeractiongroup.co.uk/forum/store-cards/106362-next-retail-no-cca.html#post1018931

Right it begins, Next Retail have no credit agreement for my account that started in 1995. I have this in writing from them. After much research am ready to take them on in court so have sent Next Retail first letter requesting;

1 Repay all monies paid.

2 Stop processing and destroy all Data.

3 Advise CRA to remove all Data.

They have 14 days to reply, which ties in nicely with my holiday lol.

Watch this space over next month or so!!!!!

Apologies, yes the credit agreement.

This is the single most important document as far as the CCA is concerned, without it the creditor is stuffed! Either they have it or not. The fact they had one and lost it will be of no amusement to the courts. As for claim it all back, I have a new gem to share with the CAG upon my return from vacation! I will be claiming everything.

Hi All

 

Looks very clear to me , I will be doing an N1 shortly for Hillesden for non compliance , I am a bit concerned asking for everything back I have paid them though.I am still thinking of the arguements they might have with this , logically it still boils down to them having the agreement , but they might have had it in the first place then lost it a week before the CCA, would this matter?

Go to National Debtline National Debtline, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000

They will probably put you in touch with payplan or cccs. Both are FREE services!

Right first of all I submitted my POC back in middle of May with CI on mutuality etc.

Then early in June Cap One wrote and said you have got it all wrong we will refund all charges plus all the interest ever on the account (only £30) plus court fees. You will get cheque by end of the June.

I wrote back thanks but no thanks. And the next day learned that CI via mutuality was dead in the water!

Anyway CapOnes defence just states I have miscalculated interest and is a cut and paste of their letter that I have already replied to. The defence doesn't question Contractual Interest at all. And the last part of their defence is we have paid the claim, plus all charged interest plus stat 6% plus court fee (£250ish) which they have not. The claim with CI is around £1200, being £126 in charges from 6 years ago!

So my task now is I have a court date 14th August 2007. Have to do my bundle by end of the week due to holidays! I have lots on CI under other guises such as AoP and fudicairy position, etc. But this is not what my POC mention.

Can I include new stuff not in POC in my bundle for court?

Do I need to bother as CapOne have not challenged it in their defence?

Lost I am looking to issue proceedings against Next at the end of August hopefully - take a look at my thread. If you would like to see the POC then please PM me.

http://www.consumeractiongroup.co.uk/forum/general-debt/94309-no-cca-agreement-unenforceable.html

28 days is calendar days. They will file the standard defence. Then you get a court date. Around a fortnight before court call the legal team and they will settle. Have a read of this

http://www.consumeractiongroup.co.uk/forum/barclays-bank/94602-barclays-litigation-team-good.html?highlight=decide

Good question tracypj and I am unsure of the answer. But are you aware of this thread and have you done a Consumer Credit Act request for the credit agreements?

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/80248-tesco-visa-no-cca.html?highlight=tesco

bispers the calls are still not welcome but they are so much better when you have the upper hand! Your in control now well done.

Excellent news and well done angel49, you have done a good thing for your relatives.

Personally I am most intrigued by the constant referal to section 77 and we are not refunding any monies! I am preparing a case to get repaid all monies on an account with no credit agreement and section 77 will not help them one little bit. It is not a London Scottish account.

Anyway well done again.

Well my credit history now is anything but unblemished, so in for a penny and lets get a definite answer from a judge!