thanks mike770, i'm worried because the hearing is at Birmingham County Court - and looking through the forums this is not a popular court. Do you think I should negotiate with them before the Directions hearing or wait until after this hearing to see what directions the judge orders???

HI, A quick insight....I took Cap one to court over unfair charges and I am trying to get a default removed. In their defence they are offering the refund of charges plus interest but wont accept liability and wont reomve default or pay court costs.....the is a hearing on the 18th of Oct for DIRECTIONS. It will also be decided if the claim will be small claims or fast track. The amount is small only £700 inc interest. However the case is complicated as before I was aware of the help available on this website I already had a claim going through for non complaince with data protection (every letter I had from cap one regarding the default had incorrect data on it). This original claim led them to send a copy of the default notice - after which I amended the claim to include infair charges. Therefore this may go fast track as there is alot of "LAW" in the claim!!! Ideally I want my court costs refunded and the default remove - shall I tr and negotiate or see what happens on the 18th? thanks

Hi , Does anyone have experience of what happens at an allocation hearing with Cap One particularly at Birmingham Count Court? do they settle before or will they attend? The case is for a default made up of unlawful charges and inaccurate data held on my credit file and inaccurate data sent in letters from Cap One. Also has anyone been successful in claiming back interest dut to a default being placed on credit file and being unable to move to a better interest rate mortgage? Thanks

Hi, I bought a property last year. I was recently decorating and stripped the carpets back only to notice water under the floorboards. These were stripped back and I found a foot and a half of water under the boards. The water company were called out they denied a burst water pipe. There was also no blockage in the drains immediately around my home. It has now been bought to my attention that the 100 yr old terraced houses on my street have all been built on a stream. One of my neighbours told me this and apparently they have all had similar problems. So this means that the water entering my property is perhaps a mixture of surface water and the stream below? My question is...should the water searches when the house was initally purchased highlighted that there was once a stream below my property - or highlighted that my home was at risk of flooding due to there once being a stream there. The drain at the bottom of the street also seems to be blocked and the neighbours have stated that it overflows when raining. I am going to get a petition together to get Severn Trent to take a look at this drain and see if it is blocked.....this might help my problem. Can anyone else provide advice please? thanks

hI! Which address do I send my SAR to for a halifax account held prior to the Bank of Scotland and Halifax merger.....Im confused?! Thanks

Hi I defaulted by going over my cap one credit card limit. But all of the £248.72 of my credit limit was made up of the following: Late Payment fee £20 / month Overlimit fee £20 / month Payment protection insurance £25.14 / month Purchase interest approx £27/month Are any of these unlawful charges?? Is there a link where this is all explained? Many thanks PS has any one ever had a default removed on the basis that there was no date on the notice but rather "you must pay in 10 days from the date shown" THIS WAS IN 2005 SO ONLY 7 DAYS WERE REQUIRED BACK THEN I THINK

Hi, below is an email I wrote to online retailer Furniture In Fashion. They have not replied so I am thinking of taking them to a small claims court. Whats does everyone think...I havent really looked in the laws they are breaking so I was wondering if someone could kindly give me a head start? It not the the fact that they have taken £10 - its the principle. I have wasted so much time and money trying to contact them. Thanks for your help. Hello, I am writing this email as this is your complaints procedure. I have also submitted a ticket complaint. I requested a refund for a product I ordered in Nov 2009. I have received my refund - however I am not happy that a £10 cancellation fee has been deducted - afterall I only cancelled because after waiting 2 months I had not received my order. There has also been poor customer service, the customer service number phone is always on BT answermachine. When I do manage to get through to someone I get promised that someone would call me back but no one ever does. Also I have an email from 23/11/09 informing me that my delivery would arrive in 10-15 days time - a delivery did not materialise and subsequently I was informed that a delivery would arrive on 23rd Decemeber 2009. Still nothing arrived! This is not my fault that I have had to cancel my order. I have had no lighting except a lamp in my room for nearly 2 months. I would like a refund for the £10 that was deducted as I cancelled as your company has not met their own terms and conditions. I have since sent an email reply to the email address which informed me of the refund intially. I have not heard anything. I also rang many times and when I fianlly got through I left a message with one of your employees. She promised I would get a call back but I never received one. I am now using your complaints procedure to request my refund. If I do you do not respond satisfactorily within 7 days I will have no choice but to take this to a civil court to proove my point. You are breaking the sales of goods act 1979. I look forward to hearing from you soon

Hi I am completing the particular of claims section on the N1 form. Is it best to send the court copies of the letters i sent to the Defendent (in this case Capital One)...or is it sufficient to state that you contacted the Defendent and then just include copies of the Defendents response letters? I have already completed most of it and have decided to do the latter...but now i'm thinking the judge may want to see the letters I sent to Capital one?? Thanks

thanks lookinforinfo and postggj....postggj I dont want you stay up late to look - it cant wait till when you free!!! thanks

thanks postggj, The other thing is that as no money is owed on the account ~(account satisfied ) then apparently they do no need to send a copy of the default notice - which i think is correct. :sad:They have sent copies of all the transactions. I am trying to clear the default to get a better mortgage deal. As the money laudering regs were bought in 2 years ago they wont apply back to 2005? Help? Thanks

postggj thanks - can u elaborate on the money laundering regulations thanks

Thanks for the reply....I have already complained to Crap One but the are not budging. After many letters I am now thinking of taking them to court - Im just worried that the 28 days means any type of notice and not the formal default notice? Also another bonus is the first few letters from CRap One gave conflicting dates regarding the default notice - so I can inc that they did not store my personal data correctly? thanks

Hi, Back in 2005 The consumer credit act stated that a minimum 7 days notice had to be given for a default - I'm aware that this has now changed to 14 days. However the Banking Code section 13.7, Lending code section 7.5 and the ICO guidelines 33-34 all state that lenders are to give 28 days notice of the intention to file a default. Capital One's terms and conditions state that "Subject to sending to a default notice , we may close your account and demand immediate payment of the outstanding balance. We will give you one months notice to put right any remediable breach" Capital One is a member of the Banking Code and their default notice back in 2005 only gave 20 days before they actually filed a default with the Credit Reference agencies. So have they broken contract? Or does this 28days just apply to a letter they can send and not actually the formal default notice? I have asked for a copy of the default notice but they have been unable to supply that to me and instead sent a print out of a computer screen showing what date this default notice was sent? Any advice? Thanks

Hi I wish to take a bank to court but which form do I use. I have found that they have breached thier own terms and conditions and the Banking Code with regards to a default.....so therefore its not trying to claim money but rather removal of default. Is it still a N1 or N244 or something else????? thanks

Hi Enamae. Thankyou so much. The funny thing is I can actually read the first sheet but not the second. When I checked earlier today at work the scanned image was not present but on my home laptop it has come up. Thankyou and God bless you. U dont even know me so what you have done is really appreciated!

Hi Enamae, thanks so much!!! However the link does not link? The cursor arrow does not turn into a hand when placed over the link????

Hi mojo8, I am in dispute with Capital One over a default. During correspondacne they sent me a copy of their terms and conditions. I have looked through and they have broken one of the conditions. I wrote to them with proof but they replied back stating that my terms and conditons from 2002 may have been different. I am going to ask for the terms and conditions for 2002 from them also but I dont trust them so thought I would ask everyone on here to see if anyone could help. Thanks

hi, does Anyone Have Terms And Conditions For Capital One Bank Credit Card From 2002 / 2001? thanks

Hi I have checked capital ones contrac of agreement and bingo it states 28 days also I checked the Banking code (because Capital one are suscribed to them) and the Information commissioners guidelines and both say 28 days............ Freddy you need to see who is underwriting next directorys finance i think and then check to their contract details with you. Mine is a bit diff as its a bank so not sure about catalogues?

bobbyh99....the default notice was issued on 9/3/2005 and a statement of default was issued on 29/3/2005....so they only gave 20 days before they issued a default on file!!! should they have given 28 days then....the defaulted money was paid back on the 16/4/2005 according to them. thanks

bobbyh99.......thanks there is light at the end of the tunnel!!!!!!!!!!!! I will look into it

Hi, Let me explain the situation….on my Equifax report it shows I have an account in default with Capital One. I queried this with them and asked for a copy of a default notice. They replied stating that they did not have to supply a copy of the notice has the account was in zero balance and had been settled. Now the unusual bit…… 1) The account number supplied by Capital One does not match the account number supplied by Equifax. (on Experian there are no details of an account number). 2) The dates of when a default was issued and settled do not match the records held by Equifax and Experian (both have different dates to each other and different dates to Capital One) 3) I have written off 3 times to Capital One and all 3 replies have different dates on them…including the latest one which states that a default was issued on 29th march 2009? And settled on 16th April 2009!!! I have written off to Equifax and Experian and both of them say the response received back from Capital One is that the data is correct…..that gets me no where!!!! I have used complaint template letter supplied in these forums and included data controller letters……. Where can I go from here….I don’t want to take it through the Ombudsman as it will take months if not over a year to sort out. Does anyone think I should issue a court order to Capital One has I have 3 letters from them all with conflicting information???? Any advice appreciated….. Thanks ALSO today I have learnt that according to the Information commisioners guidleines, the Banking code and Capital Ones own contract they have to give the consumer 28 days between issuing a default notice and then actually applying a default. According to their letters of when the default notice was issued (9th march 2005) and default applied on the 29th march 2005 that makes its only 20 days.....does anyone reckon this would also stand up in court?

Thanks jamesx81x

HI, If a default is satisifed/settled within 1 month of the account being defaulted can this default be removed? When a CCJ is satisifed/settled within a month this can be removed from the credit file so doesnt this apply to a default??? Esp as a the account has to be defaulted before a CCJ is issued??? thanks

Also this particular speeding offence was committed in wales.....if I needed the information from the magistrates court there who would I contact as I am unaware of where the license was originally sent? It was a apaper license and its been lost so cant even check the license? Plus there is nothing on the DVLA computer system as it happened 4.5 years ago. Thanks