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Dolly G

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  1. Hi,Black Horse sent a further 2 Defaults while my complaint was being dealt with FSO.The last was December 2011 and in February 2012 the Black Horse Recovery Dept recovered the vehichle from my private car space at home. The amount paid still remains in accurate.I was not sent a Court Order or Notification of car repossession, No Court Order.Black Horse state that my entrance does not state Private Ground,they have not done anything wrong.In Scotland, can they repossess from Private property?( I had not paid a third as the account had been in dispute since Dec 2009)They have sold the car at auction. I would appreciate any help on how to proceed.Thanks
  2. Hi Postggj, I phoned the Court today and the plan to defend this action. I have never had any experience in being in front of the judge . Welcome Finance have emplyed a solicitor based in the city of the court. I was planning to show as evidence the following: The 'Agreement ' in 2 seperate pages. Secured Loan. Shown on credit file as a Joint Mortgage. The security- States in joint names ................Show Certificate of Death. This security is blank no signature of my own or date + no WF Signature or date. I took the loan out in my own name. Terms and Conditions leaflet received after loan account open in March 2003 shows cost of letter £3 + £15. This is my only defenceI know it is limited. Would this be adequate? Many thanks for responding. Regards Dolly. My claim details : PARTICULARS OF CLAIM 1. The Pursuer held a secured loan account with the Defendant bank (“the Account”). Closed 05/06/05. 2. The Secured Loan Account is operated in accordance with the standard terms and conditions which the Defendant applies to secured loan accounts held with it (“the Standard Terms”). The Standard Terms were not individually negotiated between the Pursuer and the Defendant. 3. During the periods particularised in paragraph 4 below, the Secured Loan Account was in unauthorised overdraft. The terms on which the said overdraft was granted and/or continued were contained in the Standard Terms. Accordingly, in respect of those periods during which the Secured Loan Account was overdrawn, the Standard Terms constituted a credit agreement between the Pursuer and the Defendant pursuant to s.140C of the Consumer Credit Act 1974. 4. The periods during which the Secured Loan Account has been overdrawn are: (1) 02/01/2004 and 08/06/05. 5. Pursuant to the Standard Terms, the Defendant has levied the following charges on the Pursuer in respect of the operation of the Secured Loan Account (“the Add Hoc Fee / Capitalisation Charges”): (1) £ 510.
  3. Hi , I am currently dealing with Black Horse. I have accepted their faulty DF Notice and since sent a letter accepting their repudiation.To date no reply I have checked my CRA File state shows Deliquent and I am unsure whether I should be taking them through the Small Claims system for faulty DF Notice. If you require my details + issues with Black Horse to help your dossier file with FSA . Dolly
  4. Hi All, My response from WF : findings are quote from letter The signed credit agreement that you have in line with the unfair Terms in Consumer Contracts Regulations 1999 as it was signed in 2003 after this regulation came into force.Therefore Welcome rejects your assertions that the fees applied are unfair. Today I have received correspondance of what they intend to do : WF - Challenge the jurisdiction of the court State a defence At the end of the day I am unsure of the right thing to do. My loan was secured and from reading this valuable site has many grey areas, the loan was paid in full in May 05 and opened in 2003. Loan details: Credit Agreement Regulated By the Consumer Credit Act 1974 Optional Payment Insurance £2988.98 Acceptance Fee £235 Mortgage Indemnity Fee £1650 Amount of Cash Advanced £15000 HomeCare £125 Medicare £300 Total Amount of Loan £20,298.98 Amount Monthly Payment £342.57 APR 20.6% Rate of Interest 1.35% Estimated repayment period 120 months What would be a reasonable to explore as my defence in court in a few week's ? Many thanks for listening. Dolly
  5. Hi Steven Thank you for your reply. The OC is deducting the balance amount due + interest on the sum not paid in 2005. They failed to reply to IVA firm when contacted to submit a claim. I just need to identify if the OC in 2010 is able to recover this sum. Generally the answer really really matters to myself. Regards Dolly
  6. Hi Steven Thankyou. I now have been informed by OC that a £1000 will be retained from PPI repayment . In 2005 I entered a protected IVA and the OC was contacted by the IVA practioner yet they never made a claim. Discharged from IVA in 2008. From raising my PPI complaint the OC are now deducting the balance amount + interest due from 2005 . Does anyone know if this correct procedure? Many thanks for your help Dolly
  7. Bump Quote fro FSO Letter : I therefore assume that your statement below re. copy of executed agreement relates to a copy of the original loan agreement. Both you and BoS have supplied me with copies of this agreement, and as the copies were signed by both yourself and a representative of BoS, they appear to fulfil the criteria you describe below. I am not aware of any information missing or completed later in this agreement. Any advice would be very helpful. Thanks Dolly
  8. Hi All Could anyone take a look at these agreements as I have managed to get a response from FSO that they are correct. I would be happier if I could ask any team member for their view. Please the PPI amounts are being refunded - though my view does this not call the agreement APR rates in to question, or am I wrong? Any thoughts would be most helpful. Dolly G 2000.pdf 2002.pdf
  9. Serously Fed Up I will start looking for more evidence to support i was not the only one. Quote: I have a letter form them in 2008,admitting they were fined by the FSA regarding the sale of PPI. Unfortunately ,due to a system error a number of our account holders were sold PPI but were not sent the terms and conditions for the PPI.Therefore, they wouldn't have been aware of the full restrictions and exclusions of the policy. We have contacted all the account holders that were affected by this and have taken appropriate action.I'd like to assure you that your account was not one of the ones affected so we have not contacted you about this. Thankyou I will start to do battle with the lucky Capital One. Dolly G
  10. Notice of Default - American Express Hi Sent by 1st Class Post ,Letter Dated June 10 2010. Refers to Clause 7.2 T+C Variable Rates & Statement We can vary in accordance with clause 23.(Varying or Transferring This Agreement). To remedy this 14 days from the date of service of this Notice of Default. Since April this account has been in dispute as I am waiting a True Copy of Agreement. Only have a application form + T+C sent by AMex. Just would welcome any thoughts on how to respond. Many many thanks Dolly G AE Page 1.pdf Reverse Page AExpress.pdf
  11. Hello The issue is a PPI Policy Book or document to date form 2007. I have not received one this is probably not unique to me. Sure more experienced caggers will be more up to date. The point I want to make is do I take the Capital One ultimately to court it is not an easy decision. Many thanks Dolly
  12. No I had been in full time employment until I was made redundant, yes first time in my life. So what can I do except challenge in court. Dolly G
  13. Hi Capital One would not register my claim as I was not registered at the job centre and in receipt of any benefits..... Many thanks for replying Dolly G
  14. A Good Afternoon to Ida File and Seriously FedUp, Thank you both so much for such detailed information. I will work on this now and post up and print for application to Court. Here is my reply from FOS re: claim for PPI Repayments. I am disappointed when I required help in financial difficulties Capital One would not accept my claim as I was not registered with the job centre. Once again many, many thanks Dolly G FOS Reply.pdf
  15. Hi, Thankyou, I will do seperate claims. Summary Cause Summons - Payment of Money Form 1 Claim 1 - PPI Mis selling - The Pursuer claims the defender the sum of £964 with contractual interest (or should it be Purchase rate)? at the rate of 23.99%, annually from the date of service together with expenses of bringing this action. Appendix 1 - PPI Fee Premiums The Mis-selling of PPI under s78 CCA 1974. Policy exclusions were not pointed out to you. The full cost of the PPI was not made clear(i.e. no seperate indication of the actual PPI fee). Capital One Bank failed to advise me that I would get better interest rate or the PPi would cost much less if I took the PPi policy out with another insuerer. Non Provision of relevant documentation sec.78 of the Consumer Credit Act 1974. The Pursuer has repeatedly asked Capital One Bank to refund the PPI fee Amounts,or offer PPi Policy,or Credit Card Agreement. They have declined to do so. Pursuer received application form 11.03.10 - since first letter 29.01.07. Thank you for replying and giving helpful advice. Does this need any sorting out as I wish to fill in Form 1, I have never done this before. Dolly
  16. Hi Received my current credit file - Entry For Hire Purchase Creditor Shows Delinquent 05/2010 Shows a balance different to amount shown on Default Letter. What do I do next? I have never heard from the company since Default Letter and Charges letter. I wish help on how to proceed. Many thanks to all for reading this . Geo
  17. Hi , Thank you for your reply, going through Late fees with contractual interest this would take this out of small claims unless I did make a claim for £3000 only. Would say at the local court they did question a late fee for 2000 and told me to contact a solicitor. Any further thoughts would help. Many thanks Dolly
  18. Hi maroondevo 52, 1. PPI Premiums £722.60 + Contractual Interest at 23.99 % 2. Late fee and Over Limit Fee - £627.00 Is it acceptable to make 2 claims against the one Creditor or best to wait a few months in between. Many thanks Dolly
  19. Hi Dotty 50 I too have a copy of short application form - No Original. My post is in Scotland Section, posted today. From my statement late payment Fee £15 in 1998, and from Terms & Conditions sent 2000 The charges referred to in this agreement are currently as shown below. - Late or failure to pay charge - £20 - Returned payment charge - £20 - Overlimit charge - £20 - Returned credit card cheque charge - £15 - Foreign currency conversion fee - 2.75 % Hope this may be useful. Dolly
  20. Hello I have received this application form from Capital One as my agreement for credit card I had opened by post back in 1998, the account is now closed.Received this only in March 2010 after asking FOS who did not up hold my claim for a full refund of PPi Premiums. After applying for a SAR request in 2006, 2007 I do not have a copy of T&C for 1998 they sent only copy of T+C for 2000 on 26.10.09. I wish to take them to court raising a summary cause action in scotland. The site here offers help for beginners like myself and inspire us to challenge and ask for our advice before starting proceedings against creditors. I believe I do need to make 2 seperate claims 1. For PPI Premiums 2. Late Payment Fees. Can any one check will this be suitable for Claim (Form of decree or other order sought) The Pursuer clams the defender the sum of £627.00 with contractual interest on that sum at the rate of 23.99%,annually from the date of service(together with expenses of bringing this action ). The Mis -selling of PPI under s78 CCA 1974. Policy exclusions were not pointed out to you. The full cot of the PPI was not made clear (i.e. no seperate indication of the actuall PPI fee). Non Provision of relevant documentation sec 78. of the Consumer Credit Act 1974. Any help would be most welcome. Thankyou all for reading this rather long message. Dolly G Capital One.pdf
  21. Hi I had a card with Capital One and the cost of charge on my statement £15. I do not have any T+C for the correct year they sent 2000. Hope this may help Dolly G
  22. Lawrence 147 I do thank you for your words of wisdom. I have discovered every one on this site are always working hard to guide and help other's. Actually I do have to follow through the court as my next step. Will of course ask members to check my notes for raising the Summary Cause Summons application. Wishing you a very successful outcome aginst WF. Best regards Dolly
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