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Everything posted by brownie24

  1. I have today received the info as requested under the SAR - this was done bang on the deadline day! Am going to tot up what charges they have stung me for since last reclaiming back in 2007. This time I am also considering if I can pursue them for my consolidation loan also - would I be able to get this written off? As it stands at the moment they seem to owe me about £3000 in charges but as they have closed my account I have a debt with them for nearly £5000 which is made up off a consolidation loan which I only ever took out in the first place to get my account out of my overdraft which was made up of their fees! If someone could point me in the right direction would really appreciate it. : )
  2. Thanks for this, I don't seem to be able to find the original signed documents. I think I need to get a breakdown from them of what they have actually applied in fees and what levies they have on me - would this require a SAR?
  3. We have council tax arrears from a couple of years back which we are paying to Rossendales on a monthly instalement basis of £200 - over the last three months we have however not been able to stick to our payment date and have been a bit late paying them although we have not missed a payment it has merely been a few days late, this is due to the fact that my husband is self employed and therefore does not have a set pay day. Anyway have contacted them on every ocassion but now they are telling us that as we have broke their agreement three times they now want the full balance paying! I was considering contacting the council to see if they would take this debt back - could someone point me to a template letter for this? Also would we be able to do this as we have signed their agreement and stupidly let them into our property but this was before i came accross this forum! Is there anything I can do about this now and getting their fees wiped? Am also worried as this years council tax has also been passed to them as husband's business has been affected by recession and this has also now been passed to them although we have not heard from them yet about this. Can we refuse to let them in for this new debt even though we have signed in the past? Also we have a newer car on the drive than last time they were here so are worried that they could go after this for this new debt? any advice much apprciated
  4. Hi all Well I successfully reclaimed some charges against the Natwest about 3 years ago but unfortunatley since then their regime of charges has stung me again with a few measley charges turning into hundreds, thousands and me having to get another consolidation loan. My story now is that due to their regime of charges I went considerably overdrawn again and due to maternity leave and then unemployment was no longer able to pay money into this account which in turn led to me being unable to keep up the payments on my consolidation loan (which was only taken out to cover their charges!). Now the Natwest have closed this account and issued a default against me! Now my head is in a better place I have decided that I really need to sort this mess out so am going to try and reclaim my fees against them again, and possibly the consolidation loans I have taken out over the years? What I would appreciate though is someone who is a bit more clued in on this subject to give me a little help along the way: Are people still claiming fees back? - i am of the impression that hardship cases may still be considered? and I think that I may well fit the criteria. Am I able to try and wipe out the balance of the consolidation loan or reclaim any off this? I have printed off the standard SAR as a starting point - is this the right thing for me to send off having already claimed against them? Any comments would be much appreciated as although I have claimed against them before I feel my situation now is slightly more confusing especially they have closed the account and issued default. Thanks Leeanne
  5. My partner has a van on lease hire through his business but he has got £1500 arrears. He did have arrangements in place to clear these arrears which he broke as work has been very slow. He put another proposal to them to pay £500 per month to clear arrears and to include monthly payment of £225.00 - but they did not accept this. They have now issued him with a default and ordered him to pay the arrears in full by 5th February or the contract will be terminated immediately and the van will be repossessed. We should be able to raise the funds to clear the arrears but will not have the full amount unitl the 9th February - he rang them to inform them off this but they said that the this was not good enough and the contract could still be terminated on 5th. Is there anything he can do to try and postpone this? Thanks
  6. Hi I once claimed against the natwest in 2006 for charges only and successfully claimed them back. However yet again their ridiculous regime of charges has led me to have another £3000 to claim back!!! But I also have a consolidation loan with the natwest which was done to clear my account when it was considerably overdrawn, am i able to argue this loan and get it wiped off also? Could someone point me in the right direction as to how i would approach them for this? My situation as it stands today is that I am £1000 overdrawn in my current account (with no agreed o/d limit!) I have been unable to make payments on my loan account for the last six months, as my i had to stop my wages being paid into my natwest account as i could not afford for them to be swallowed up. Therefore I also have a loan balance of £4000 - is there anything I can do to fight this loan? I am just a bit concerned that if I reclaim charges again that amount to £3000 they will just force me to use this toi clear my loan which I cannot afford to pay at the mo. Please could someone advise me re. this loan Thanks x
  7. After I successfully got judgement for all charges and CCI at 31% we've got some really frustrating news - my partner's claim for CCI at 35.6% has been refused by the judge!!! This is so annoying as the claims were issued at the same time and through the same court, you would have thought that cause they'd granted mine they would also have granted my partners Any ideas on what we should do? Can we contest this?
  8. Audyrey have you claimed for this? How did it go? Also in all the excitement of managing to get all my money back plus CCI I had forgotten about the issue of default removal, need to check with them what they are doing about this.
  9. Yes they coughed up the whole amount and CCI with no further arguments. If you need to quote my case or claim no. in any of your arguments just let me know and I'll provide you with this. Hang on in there Andy you'll get there too soon
  10. No problemo Scatz, good luck and I will follow your thread with interest, you can do it:D
  11. It used to be in the document templates on this site - interest calculations spreadsheet, but I'm not sure if the link works any more. If not PM your email address and i'll send this to you. Good luck;)
  12. Scatz I used Vampiress's spreadsheet no 13, you need to set up a google account to use these documents but that's easy to do. Let me know if you need any more help. It took me a while to get to grips with understanding it and using the right interest rate but with the knowledge and help of everyone on here I got there in the end and am so glad now that I did it You may as well try for CCI cause at the end of the day you have nothing to lose and if you stick to your guns they should pay up, although they will try and wangle their way out of it. If you need any copies of the letters I sent just give us a shout. I have just rang the bank and yipppppeeee I am now considerably better off :D:D:D:D:D:D:D:D:D
  13. Well phoned Capital One on Friday to ask when they were going to settle this claim as judgement had now been served and informed them that should they not do so immediately I would instruct the bailiffs and go to the press (my story was starting to mirror that of Audreygreeneyes!......so thanks for the tips). I was told someone would phone me back. About an hour or so later I got a phone call back and they told me they had had a chance to look into my case. They started to tell me that a defence had been entered before the deadline and that it must have been due to an admin delay that it was not processed......I began to think here we go but then she went on to inform me that they would now pay me in full........even at the last hurdle they cannot accept defeat, so for all of you out there getting worried hang on in there and stick to your guns. They asked for my bank details and said they would arrange for a BACS payment direct in to my bank for the full amount of claim......although I had to politely remind them that interest had also been added up to the date of judgement which was 20th January so I gave them details of this amount and they told me that payment should be in my account Monday. Have just checked account and no payment as of yet........I know Audreygreeneyes had this prob.......I'll give them until midday before I get back on the blower. When that's all sorted just gotta sort out my partner's last minute glitch and hopefully he too will have his payment in full with CCI very soon. Brownie24:D:D:D
  14. Hurray some good news came through my letter box.....JUDGEMENT HAS BEEN FILED AGAINST CAPITAL ONE! This was dated the 20th January and they had until the 23rd (today) to pay me in full, no surprises that I am yet still to receive payment so does this now mean that I can instruct the bailiffs and how do I go about this? Was going to try and phone them today to see if they were posting my cheque out to me and stating that if I do not receive this on Monday then I will instruct the bailiffs immediately! Brownie 24:D ps My partner who is also claiming and at exactly the same stage as me however, had a letter from the courts stating that the matter was referrred to the district judge re; the interest claimed and the 35.6% interest has been refused and only 8% interest allowed!!! Bit confused as to how this can be the case when my judgement has been granted with the CCI. Anyway our thinking on this is wait until I receive my payment in full and then write back to the judge trying to get this changed
  15. Hi Andy Come to a bit of a standstill it's back with the District Judge for his directions at the moment because of the late defence that they submitted. I wrote to the judge contesting this late defence and asking that my judgement still be issued but the lady at the court told me over the phone that it is likely that the Judge will accept their defence as if the judgement was granted Cap One would probably apply to have it set aside and this would only mean more paperwork for the court. The Court also told me that they have a backlog of work at the mo so may have to wait another week to find out what the judge orders . I have sent my cheque back to Cap One for the amount they offered with purchase interest only. What did you do with yours? Getting a bit anxious now as to what amount I'm going to end up with, it seems that the CCI might be expecting too much. However one thing I am going to do is give Cap One another nudge and point out that as nothing has been settled interest is still accruing daily. Have you filled in your AQ?
  16. Looks like I could take you up on your offer of help should I need it as I notice from your thread that you went through the Nottingham CC, well I'm just down the road at Derby CC...........That's if you don't mind helping out a Derby County supporter....lol:lol:
  17. Audrey Would you beleive that I the day I filed for judgement they also submitted their defence!!! Just my luck, I had been on my way to the court to file the day before but had computer probs so got held up!!!! I will be sooooo annoyed if their late defence is accepted afterall it appears that they only did so once they received a copy of the order from the judge stating that I could file for judgement.
  18. :D What a brilliant story Audrey, I only hope mine turns out as interesting and that I get the Judgement I deserve.
  19. Lol Audreygreeneyes I would love to get the bailiffs in on them as well . Did you also claim for CCI?
  20. Having filed for judgement on 30th December Capital One have now submitted a late defence . I have written to the judge opposing this defence and asking that judgement still be issued, fingers crossed x:)
  21. Uk in terms of them paying out on either CCI or purchase interest rate do they not tend to pick and choose......I have read some threads where they have agreed to pay out on CCI - but in these cases purchase interest has amounted to more and others they have not paid out on CCI and offered to pay out on purchase interest only as this was the lower figure!
  22. OMG Andy I too am now in the same position as you......dooohhhh! I have returned the cheques to Cap One and was going to fight it out for CCI and default removal and they have now submitted a late defence. A bit worried now about going to court . Because they submitted a late defence and I had already filed for judgement I have sent the following letter to the judge. I have been told that it has been referred back to the judge for his orders so hopefully he will take my comments into consideration, I will keep you posted I respectfully, and strongly oppose the late defence now submitted by Capital One Bank Plc. I believe that Capital One Bank Plc has behaved unreasonably in their approach throughout this claim, They have failed on every opportunity my requests made of them to provide evidence of their actual losses or pre-estimate of costs in relation to the account breaches. I also believe that Capital One will fail to actually defend this claim in court, and will in fact eventually settle in full before the court date as this is a tactic they have used in various other claims of this type; I will provide evidence and claim numbers of such if required by yourself. The defence they use is just a standard blanket defence which they always tend to submit but fail to justify in court. Their actions in defending this way only puts a strain on the court system. They have already failed to fulfil your order made of them dated 27th November 2008 and it appears that only once they were made aware that judgment may be entered did they in actual fact decide to submit a defence. May I draw to your attention an article from BBC News on Monday 14th May 2007 by Ian Pollock – “Judge warns ‘unreasonable’ banks” in which Judge Mackie makes the following statement: “Looked at in the real world where there will be no trial these steps, which place completely pointless work and some anxiety on litigants in person constitute unreasonable behaviour.” He then goes on to say, “From now on we will generally be treating such conduct as unreasonable behaviour thus enabling any claimant who has been put to unnecessary work and inconvenience to be compensated for this.” Therefore under CPR27.12(2) (g) I may look for the court to award me these costs, or such that it deems appropriate should Capital One choose to further waste my time. Therefore I seek that judgement shall still be entered against them as per your order dated 18th December 2008. I hope you are able to take my comments into consideration and look forward to your response in the matter.
  23. Hi again Andy Just been on your post, no news yet but judgement has been filed:D Catch you soon Brownie24:)
  24. Hi Andy Any updates yet? Still no response to my letter, but I suppose I'll give it to them that it has been crimbo . With regards to me issuing judgement I have now done this and did so on 30th December, I was told that this would be served on them within 5 working days, so by the end of this week they should have this and I have asked for payment of the full amount of claim immediately:D. Hopefully now I will have won my whole claim plus CCI, afterall they have not kept to the official order made by the judge. Due to their ignorance and inability to ever provide me with the info requested i.e justifying that their charges are fair and a true reflection of their costs, and that they never had any intention of defending such claim I am also going to try them for wasted costs, i managed to get this from Abbey National last year so fingers crossed, I'll keep you up to date. Brownie24:)
  25. Hi Andy Sounds like your in a very similar situation to me, i received a similar letter. After looking through various posts on this site especially one by doo I responded to their letter with the following: I am in receipt of your letter dated 10th December 2008. Please be advised that I will not be accepting your offer and therefore my court claim still stands for the full charges, contractual interest and court costs. I am enclosing with this letter an updated schedule of charges as of today’s date to update you regarding interest that is currently accruing daily (£2.10 daily) and will continue to increase until this matter is settled. Once again you are denying that these fees are unlawful and that they are based on the costs that you incur. I once again invite you to provide evidence of your actual losses or pre-estimate of costs in relation to the account breaches. Your silence on this matter leads me to believe that you will not disclose your costs for reasons that remain unknown. If you choose to continue not to address this issue, you will be requested to provide this information in court, I have put it in my Particulars Of Claim (POC) and can be addressed in court. As my Particulars Of Claim state. I am claiming contractual interest (compounded daily) at 31.54% APR. which is the rate that has been applied to my account and is the most current interest rate applied according to my statements covered by this claim. The claiming of this rate is based in equity and a legal requirement for fairness and balance. As there is an express rate of interest in the contract for the benefit of the bank when it lends money, in my view there is an equivalent term which benefits the customer when the bank owes the customer money. You state that my calculations are incorrect, I have checked over these calculations and they are not incorrect. Please note that I am claiming contractual interest compounded daily. I am aware that Capital One has been paying out on contractual interest (compounded) - for numerous claims and I shall not hesitate in providing these cases to the judge. My POC also further states that ‘in the alternative’ should the court find that the claimant is not entitled to contractual interest, the claimant claims interest under section 69 of the County Courts Act 1984. Now having gone ahead and issued this claim I feel it is now for the Court to decide on the interest applicable and not Capital One. As such my claim still stands as before and I will be informing the court to that effect. I think you have been presumptuous in assuming that I would accept your proposal as settlement. I have not accepted this amount as full and final settlement and when I receive the cheque I shall return it to you. In no way have I formally accepted this offer either verbally or written and you have no such proof to this effect . To make my position clear no refund is to be put onto my card and if such action has already been done without my authority then please be advised I am not accepting this and wish you to remove these funds. I would also like to point out that you have not addressed the issue of removal of prejudicial information and the removal of the default notice as outlined in my Particulars of Claim. I have checked with the court and no defence has been submitted by yourself as was ordered to do so by District Judge Butler by close of business on 15th December 2008. As such I am now in a position to issue judgement against you in this matter. Should you wish to settle my claim in full, then please forward the balance of the claim £2636.47 to date, without conditions, and organise for the removal of default. I trust this clarifies my position that court action will continue and your offer is not acceptable to me. Hope that helps you a bit, let me know what happens. I sent this letter off last Friday then on Saturday a cheque arrived through my letter box, however tempting it may be at this time of year I am sticking to my guns and sending it back as detailed in the letter:p I have not yet issued judgement and am still a bit unsure about this, I am thinking of using it as a last bargaining tool i.e pay me in full or I will now go ahead an issue judgement what do you think? Brownie:D
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