Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×
Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

AvengingAngel

Registered Users

Change your profile picture
 View Profile  See their activity

  • Posts

    51

  • Joined

  • Last visited

 Content Type 

Everything posted by AvengingAngel

  1. AvengingAngel
    'you are the only one getting confused' - yes, I know, but that comment comes across quite harsh. The problem I have is that in the last year I had an accident and became disabled with a spinal injury, on lots of pain meds, so my brain can be quite foggy sometimes. I think I need an accountant to do the calculation working from the FOS Decision. I just did it using CISheet 101 which is compound interest, only to look at the Decision and it says 8% simple. Ah, but the 'alleged' debt is all PPI, and the reconstitution is far in excess of it.
  2. AvengingAngel
    The claimant on the court form is Cabot Financial (UK). It's very confusing. Either they purchased the debt or they didn't. AA xx Redoing my calculations on up to date PPI calculator.
  3. AvengingAngel
    Hi, I have been reading the Act on OPSI. ‘The Limitation Act 1980 (Extract) c. 58 Part 1: Time limit for actions for sums recoverable by statute. (1) An action to recover any sum recoverable by virtue of any enactment shall not be brought after the expiration of six years from the date on which the cause of action accrued (ie, the last payment into the account). (2) Subsection (1) above shall not affect any action to which section 10 of this Act applies. 5. Time limit for actions founded on simple contract. An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.’ Creditors can only use the legal system to recover any money for up to 6 years after the last payment was made to the account. My partner has indeed been in contact with the FOS and Drydens Fairfax, not CAP1, when he requested circa £4,000 from them. His position was, and is, that there is no debt, as the amount that the creditor owes him for reconstructed PPI, charges and interest on the account is far more than the money they say he owes them. He received a holding reply and nothing since. He has not, during the last six years, ever written to the creditor acknowledging nor admitting that he owes the debt. AA xx He requested £4,000 from Drydens on the basis that if they said they 'owned the debt', they were liable to pay the £4K. Of course this would be a much larger sum now as it has been accruing.
  4. AvengingAngel
    Yes thank you. My partner has done the AOS for 33 days. I will do the CCA and CPR tomorrow. At least it's statute barred. AAxx
  5. AvengingAngel
    Name of the Claimant: Cabot Financial (UK) Date of issue: 15.09.2017 Date to submit Defence = 17.10.2017 Particulars of Claim 1.The Claimant’s claim is for the sum of £495.00 under an agreement regulated by the Consumer Credit Act 1974, between the Defendant and Capital One Account Number XXXXXXXX and assigned to the Claimant on (date given), notice of which has been provided to the Defendant. 2. The Defendant has failed to make payment in accordance with the terms of the agreement despite requests for such payment. 3. And the Claimant claims the sums of £493.00 together with costs. What is the value of the claim? £495.00 The claim is for: A Credit Card Original Agreement entered into: June 2007 Has the claim been issued by the original creditor? No The account was ‘purchased’ while it was in dispute with the original creditor over PPI. The Ombudsman found in favour of my partner. The original creditor refused to reconstruct the account properly in order to calculate the PPI and therefore never complied with the Ombudsman’s Decision. The account has remained in dispute ever since then. The account has been ‘purchased’ twice more by different debt purchasers. It is the latest Debt purchaser who has issued the claim. Were you aware the account had been assigned? No. My partner did not receive a Notice of Assignment. My partner informed each new debt purchaser of the Ombudsman’s Decision, and that the debt had been sold unlawfully while it was in dispute, resulting in each debt purchaser selling the debt on. Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? No, none at all. Why did you cease payments? Because the Ombudsman found in my partner’s favour. The original creditor refused to comply with a total reconstruction of the account and repayment of the PPI charges, late interest charges, admin fees and other charges to the account that would not have occurred without the application of the PPI. What was the date of your last payment? End of August 2010. (I can provide the exact date.) Was there a dispute with the original creditor that remains unresolved? Yes, as above. The original creditor has to date not complied with the Ombudsman’s Judgment. Interest is therefore still accruing on the money that should have been returned to my partner’s account but was not. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No. (I will check this, but I am sure not.) In late 2015 my partner wrote to Drysdens, advising them of the positiing the sman's Decision and that informing them that the company who admitted to owning the debt was responsible for complying with the Ombudsman's Decision. He requested that the conditions of the Omb's Decision be complied with and awaited payment of close to £4,000 from them in this regard. After that, he had no communicid not hear from them from them until this past year. Thanks AA xx I'll update my calculations using the fos calculator - just in case. xx
  6. AvengingAngel
    Hello Everybody, This debt to Cap One became statute barred in August 2016. The Ombudsman's Decision was in my partner's favour and Cap One did not comply with it. The account was still in dispute while Cap One sold it to Cabot. My partner has now received an N1 claim form from Claimant Cabot, address for documents Drydens, claiming, 'a sum of money under an agreement between my partner and Cap One. Defendant has failed to make payment in accordance with the terms of the agreement despite requests for such payment. And the Claimant claims the sums of .... together with costs.' I will get my partner to return the Ack of Service. I would appreciate some guidance please. AA x
  7. AvengingAngel
    It read, Dear Sir Our Client: then my partner's name (so they got that wrong) Account no: Outstanding amount: Original Creditor: Cap One. There was no title, ah, yes, it did not say LBA.
  8. AvengingAngel
    Hi, Drydens sent a letter, attached as a PDF, with bits cut out. It arrived today. Thanks x Ltr 21.06.17 AA DF.pdf
  9. AvengingAngel
    I will do that. Thank you. AA x
  10. AvengingAngel
    Hi, Letter states, 'our instructions are to continue with collections activity in this case. Then says to contact their office by 19 June with income and expenditure information to discuss a repayment arrangement. Then states, 'If we do not hear from you we will issue a letter before action prior to the issue of a County Court Claim against you.' I know the debt was sold on and this is not Cap One. It is Cabot. But would that template letter I sent you deal with this? I thought it came from your site. If not, how do I knock this on the head please? AA
  11. AvengingAngel
    Hi there, You've got a good memory. Yes, it is. I found that template letter somewhere and I was going to send it to DDFF. The Ombudsman ordered that the PPI be refunded and that Cap One should reconstitute the account and send us a copy. While the debt was in dispute and under the Ombudsman for investigation, Cap One sold the debt to Cabot Financial (UK) Ltd. The reconstitution they did was inaccurate and they refused to amend it. I contacted the Ombudsman who was no help. Meanwhile the debt passed into 'statute barred'. So really, I would just like to send DDFF packing. And I would love your advice, as usual,
  12. AvengingAngel
    Hello Everybody, I trust you are all well. Here's a little ditty, Cap One's Ddff have written, chasing for a debt against someone I know (not me). The last payment was well over six years ago and is statute barred. Below is a template letter. Is this one of yours? [ template removed - dx]
  13. AvengingAngel
    awh, happy happy midlife crisis if
  14. AvengingAngel
    Woohoo! I sent your letter to O2 at Northampton. They told me that they had forwarded it to their Credit File Referrals Team, Credit File Referrals, Telefonica UK ltd, Arlington Business Centre, Millshaw Park Lane, Leeds, West Yorkshire, LS11 0NE. Within one week, without any communication from Arlington BC, the entry was deleted from my credit record which has gone up to 8 points off the top score. Another success for your team. Thank you, thank you, thank you. Mwah xxxxx
  15. AvengingAngel
    Hello again fkofilee, dx100uk and Martin2006, Thank you all for replying so quickly. Yes, the O2 amount was included in the BR. Sensible advice, fkofilee, but I want to get my credit score right back up and just this one account is stopping me. I may be applying for a new mortgage early next year and I don't want to leave anything to chance, so thank you, dx100uk - one letter winging its way to O2 in the post. I'll let you know the outcome. Thanks All, AvengingAngel
  16. AvengingAngel
    Hello Again All, I was bankrupt - discharged in April 2010. All the creditors have deleted their entries from my credit record except O2 who have an end of December 2010, instead of April 2010. I provided their Complaints Review Service person with a copy of my bankruptcy and discharge letter. They are demanding to see a full copy of my Statement of Affairs (presumably from 2010), stating that they have never received this. They state that they will not delete or amend any entry on my credit record without the Statement of Affairs. Surely O2 are not entitled to a copy? I remember sending this to the Official Receiver. Any thoughts as to how I should proceed would be welcome. Perhaps the email address of the CEO, if anyone has this? Thanks. AvengingAngel xxxxx
  17. AvengingAngel
    Hi All, I work full time I recently finished my probation period. My line manager is inept and did not carry out any probation meetings at all, even though company policy states they must carry out 3 meetings, at certain weeks during the 26 weeks' period. I wasn't asked to complete or sign any forms. The manager didn't complete any forms, though he was supposed to, supposed to sign them, get me to sign them, get the senior manager to sign them, and send them to HR. The manager didn't carry out an induction or any training with me, and I haven't completed or signed an induction sheet or training sheet. Company policy states that as soon as the probation period has ended, the line manager must give me a letter stating that my pp has ended satisfactorily. I asked my line manager for this and he stated that he is going to speak to his line manager to extend my probation period as he never carried out any meetings. I am being advised by the union and they have already stated that they will back me all the way if the company do this. (It's a big union.) Anybody come across this before? AA
  18. AvengingAngel
    So, looking at the sheet I uploaded, am I doing it right? I'll have a go with the FOS and the running calculators. It looks as though I insert 8% 30.34%? I started inserting figures in the FOS spreadsheet, which doesn't work, as the column for 'Card balance excluding PPI' gives the same figure as the column for 'Card balance' (with PPI). I'll have to try the running spreadsheet.
  19. AvengingAngel
    Hi, I have uploaded a PDF of the calculator I was using. I have also now found a PPI FOS calculator on this site. I get confused as to when to apply interest of 8% or interest of what Cap One was charging, ie 30.34%. All help appreciated. Thank you. AA PS, I stopped calculations as at the judgment date, but I would imagine my other half is owed payments up to the date they pay? PPI Calculator_03.01.16.pdf
  20. AvengingAngel
    Hi, Ankit Pande, of the Executive Office, Capital One, replied, saying that they had complied with the Ombudsman's decision, taken some money off, and that my partner owes the outstanding balance. have recalculated the redress amount again and confirm that no further redress is due. they don't know where we get our much larger figure from, that they owe my partner. They also say go back to the Ombudsman if we are not satisfied. they sold the debt to Cabot so they have no connection with the debt anymore. We had a holding email from Drydens. We have had no response at all from Cabot. The 14 +2 day deadline for replying was 30.12.2015. Capital One say that the few hundred pounds they refunded my partner is correct, but they did not refund the masses of £12.00 payment charges that should not have been applied, and which the Ombudsman ordered be refunded. I have calculated the PPI using an excel PPI calculator. Is there one attached to this site please, so I can do my calculations again, before we take further action? As ever, I would appreciate thoughts as to what next?
  21. AvengingAngel
    Sounds good to me. Thank you so much for the email addresses. I will follow your advice. Thanks again. I will let everybody know the outcome. Best wishes, AAngel Oops, it should have had a question mark after it - regarding the other companies being owned by Cap One. Thanks. AAngel
  22. AvengingAngel
    Hi Team, It's a long time since I have posted. Hope you are all well. May I have some advice please. My partner had a PPI claim against Capital One. The Ombudsman gave a decision in my partner's favour in May 2013 and ordered Capital One to do a hypothetical reconstruction of the credit card account, remove the PPI premiums, interest and charges, and interest on the charges; pay my partner the difference between the closing balance and what the closing balance would have been without the PPI; pay my partner 8% interest on the account and 8% on the difference in the two balances; and set out in writing to my partner how Capital One calculated the compensation. Capital One refused to comply. They 'sold' the account to Credit Solutions, Power2Contact, and now Cabot (all owned by Capital One) who are threatening legal action through Drydens Fairfax. In August 2013 my partner wrote to the Ombudsman stating that Capital One had not complied with the their judgment, and that we had calculated that Capital One owe my partner £2,000 net of the 'alleged' account balance. He has never had a reply. My partner has today received a letter from Drydens Fairfax. My own instinct is to wait and see if they do take out an N1 against my partner, and if they do, then we can respond to the claim enclosing a copy of the Ombudsman's Decision. I will calculate what is owed to my partner up to date, and we will counterclaim. We have not contacted Capital One in any way since the Ombudsman's Decision. I would like to somehow mend my partner's credit record, as he doesn't owe them anything, and they owe him, probably substantially more than £2,000 as another two years have passed since the Decision. I would be very grateful to receive any advice on this situation. Best wishes AvengingAngel
  23. AvengingAngel
    Hi, Re “A PPIreclaim does not make it unlawful to sell a debt on to a third party.” I am surprised to read that because I have previously taken advice from this site that an account cannot be sold on while it is in dispute or under investigation by the Ombudsman. My other half did send the matter to the Ombudsman for MBNA for a ruling on the PPI claim, and the Ombudsman ruled against my other half. We have never followed it up by taking it to the independent adjudicator as my other half now has a serious illness, and we have been dealing with that. We asked MBNA for details of the PPI in April 2010. We also asked for the original credit agreement and terms & conditions. MBNA did not reply. In fact they were “blanking” any attempt to communicate with them. Shortly afterwards, Experto came on the scene. Experto provided a small illegible copy, without terms & conditions. The remaining amount on the account is circa £2,000. The amount of the PPI was never calculated as the claim was refused. My estimate is £600. (I am being careful with the amounts and dates for obvious reasons.) As I said, my other half offered to settle it at £250, as an opening to settling the account at a reasonable sum, but this was never responded to by Experto Credite, yes, it is still on his credit file. Experto Credite first said they were acting for MBNA, then they said they were acting as owners of the account. We asked for a copy of the assignment, but they did not respond. The defaulted date is November 2010. MBNA told my other half that he could not have the card without PPI as it was integral to the account. They told him where to sign and date the form,and where to tick the yes box. Hope this info helps.
  24. AvengingAngel
    Hi, if this has posted twice, apologies. I just tried it and it didn't seem to post. MBNA sold my partner's credit card account on unlawfully while under investigation for a PPI claim. We offered without prejudice to settle the matter for £250, twice, and this was ignored. Experto Credite and associated companies have chased my partner for the outstanding amount. They disappear off when confronted by one of your template letters. They cannot provide the original, full size, legible agreement. We did not accept the Ombudsman's negative decision, as their original adjudicator was awful. Any thoughts please, as to whether we write to HL or ignore them? I am running out of things to state and re-state. Many thanks, AvengingAngel.
  25. AvengingAngel
    Hi Citizen B From my telephone contact with adjudicators, I think they are out of their depth in ploughing through the murky world of lying credit card companies. I would doubt that many of them have sufficient legal training to be fit for purpose. I say this because I have worked with solicitors and barristers dealing with complex court cases, and I believe it takes a good level of legal expertise to cut through the lies and get to the truth. A few months ago I took up computer chess, and in a small way, (not pretending otherwise), it does help me to think long-term strategies. All the best,

Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...