No it wasn't a mix it was one of Dulux's Heritage range which comes in a metal tin.

Hi, Just to put your mind at ease it won't matter a jot. The money that they took from you in charges is rightfully yours (plus any interest they have charged you on top). The account is now in dispute (you should inform them of this in writing - preferably by recorded delivery) and as such you don't need to pay them anything until the account is resolved i.e. you get your money back plus interest for the illegal charges. However if your comfortable with your current payment schedule keep paying them as if you don't they may try to illegally place a default on your file. Also send them a CCA request (example shown below) they probably won't comply with it and you can use it as bargaining chip at a later date if need be. {Your Name & Address} Legal Compliance Specialist Capital One Bank (Europe) plc Trent House Station Street Nottingham NG2 3HX {Date} Dear Sir/Madam ACCOUNT NUMBER: XXXXX With reference to the above account, would you please send me a true copy of the executed credit agreements with the prescribed terms. I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request and this should be supplied within 12 working days. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act for the agreement. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. I look forward to hearing from you. Yours Faithfully {Name}

Hi, A reasonable amount of interest to charge would be the one that they charged you. You should find this on your statements. If you tried to charge them more than this and it went to court you would have to justify the interest rate. After all you are just trying to reclaim the money that they effectively stole from you not make a tidy profit as well. With regards to the address I would send it to this one: Legal Compliance Specialist Capital One Bank (Europe) plc Trent House Station street Nottingham NG2 3HX as I gather this is their Registered address. Please be aware Cap One have a habit of trying to settle by offering a partial repayment. Do not accept this. They will eventually buckle and pay you what you are reasonably requesting of them.

Try this: Capital One Specialist Support between 9am-7pm on 0800 952 4914

Thanks for that. That was my feelings too with regards to part of goods being the container and were obviously faulty at the time of purchase. With regards to costs I'm going to ask them to arrange for repair (the trim is beyond valeting) and pay for the repair. If need be I'll get an estimate for going to court and no the top of the lid was not taped down or anything like that. I've done a draft letter which I'm going to send to their Head Office but any comments would be appreciated. Draft letter below: {My Name & address} B&Q plc Portswood House 1 Hampshire Corporate Park Chandlers Ford Eastleigh Hampshire SO53 3YX 12th April 2007 Dear Sir/Madam Re: Dulux Heritage Ochre White paint & resultant damage to property I bought the above item on 11th April 2007. On 11th April 2007 this item cause serious damage to my property as follows: After purchasing the said item I placed it in my car boot and drove the approximately 4 miles to my home. When opening the boot of my car to remove the can of paint it was discovered that the top of the paint can had opened completely resulting in the 2.5ltr contents of the can being spread across the interior of my car boot and completely ruining the interior trim. I returned to the store and informed them of this incident at which point I was offered a replacement tin of paint. Obviously this was not entirely satisfactory, as the boot of my car had been ruined. After speaking to the manager I was surprised to be informed that this was company policy to only offer a replacement for the faulty goods and that once the goods have left the store they were in her view no longer the responsibility of B&Q. This is not my view nor I believe the legal view with regards to this matter. Under the amended Sale of Goods Act 1979 all goods sold must be of satisfactory quality and as the retailer, you are liable for any damage caused by faulty goods. As this product developed a fault (e.g. the top of the tin coming off and leaking paint all over the boot of my car) only minutes after purchase, the item must have been faulty at the time of purchase. It was not of satisfactory quality. You breached the contract. I have for your information enclosed photographs of the damage caused. What I require For you to arrange and pay for repair of my car boot interior trim. If I do not receive satisfactory resolution of this matter within 10 days (you to arrange for and pay for repair of car boot interior trim) I shall issue a sheriff’s court claim for recovery of the amount it would take to repair the car boot interior trim without further notice. Yours Faithfully {Name}

Hi, did a bit of googling on this and the procedure in Wales is exactly the same as in England.

Hi, You need to give them a bit more time as its 12 working days from receipt of the request to supply you with an agreement. Then another 30 days (not working days this time) for them to have committed a criminal offence. I have inserted a letter which I thought was quite good as a response to non compliance of CCA especially if your looking to get defaults removed. I know its Cabot rather tha Cap One but you should get the idea. Please note though non compliance is a criminal matter not a civil one so although you can seek damages through a civil court for damages to you (e.g. reputation, difficulty getting credit, etc) this will probably be only a couple of hundred pounds and at the courts discretion. The criminal matter I would use as a bargaining chip as depending on how much your debt is they may decide to right it off rather than be fined in a criminal court. Hope this is useful. http://www.consumeractiongroup.co.uk/forum/cabot/36665-cabot-again-urgent-help.html Without Prejudice 25 October 2006 Mr K Maynard Chief Executive Cabot Financial (Europe) Limited PO Box 241 West Malling Kent ME19 4NA Dear Mr Maynard Further to my email sent on 8th September 2006 and the subsequent letters from Cabot dated 29th September 2006 and 16th October 2006, your refs: 1188427/Isabel, 1173130/Isabel and 1465790/Isabel. I was extremely disappointed to learn that you were not in possession of any documentation in relation to these disputed debts. Furthermore, I was very concerned to note, that the copies of correspondence from each company you provided were dated after I had made my request. Surely, as these are copies they should be dated before I made my request. I would very much appreciate your comments on this situation. By not providing me with copies of certified true copies of the disputed credit agreements and statements for each account, your company has now failed to meet it's obligations under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974. 77 Duty to give information to debtor under fixed-sum agreement (4) If the creditor under an agreement fails to comply with subsection (1) - a) he is not entitled , while the default continues, to enforce the agreement and - b) if the default continues for one month he commits an offence. 78 Duty to give information to debtor under running-account credit agreement a) state of account, and b) the amount, if any, currently payable under the agreement by the debtor to the creditor (6) If the creditor under an agreement fails to comply with subsection (1) - a) he is not entitled , while the default continues, to enforce the agreement and - b) if the default continues for one month he commits an offence. I understand by failing to provide me with the documentation, I requested your company has committed a criminal act. I am now of the opinion that you are unfit to hold a Consumer Credit Licence as determined by the fitness test outlined in the Consumer Credit Act 1974 (section 25). 25 Licence to be a fit person (2) a) contravened any provision made by or under this Act, or by or under other enactment regulating the provision of credit to individuals or other transactions with individuals. d) engaged in business practices appearing to the Director to be deceitful or oppressive, or otherwise unfair or improper (whether lawful or not) As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Credit Consumer Act 1974 and therefore is a complete defence to any court claim that is issued. Please note, I do not acknowledge any debt to HSBC, Bank of Scotland or Barclaycard. I must insist upon the removal of any defaults entered against my name. You have 7 days to comply and confirm in writing or I will apply to my local Sheriff Court for an order to enforce compliance, together with damages at the discretion of the court. I will then be forced to make the relevant authorities, including but not limited to Trading Standards, The Office of Fair Trading, The Information Commissioners Office, The Financial Ombudsman and The Financial Services Authority aware that you have committed a criminal act. I look forward to your quick response to my correspondence. Yours sincerely

Hi, Correct me if I'm wrong but don't English and Welsh legal systems operate in the same way?

Hi, Bought some paint from B&Q and put it in the boot of my car, drove home (about 4 miles, all 30 mph speed limit) and opened the boot to have the joy of finding 2.5 litres of paint spread accross it. Now when I went back to the store and told them what had happened the supervisor and manager (spoke to both) said all they could do was replace the tin of paint as once it left the store in a sealed condition it was no longer their responsibility. Obviously I will be wroting to their Head Office regarding this as the tin of paint must have had a faulty seal and I feel they should pay to have the interior trim of my boot replaced as there is no way it can be cleaned. Just wondered if anybody knew my legal standing on this (Sale of Goods Act that sort of thing). Any help would be appreciated.

Also reading this might help http://www.consumeractiongroup.co.uk/forum/capital-one/51318-tanzarelli-cap-one-default.html

Hi, With regards to the default you should certainly include this in your SAR. You can just kill two birds with one stone and send of you SAR with the CCA, also save on the recorded delivery (I'm Scottish so I worry about these things). I have posted a sample letter below (can't take credit for it as I copied it from someone else on this forum). {Name & Address} Legal Compliance Specialist Capital One Bank (Europe) plc Trent House Station Street Nottingham NG2 3HX {Date} Dear Sir/Madam ACCOUNT NUMBER: XXXXX I have recently discovered that it is likely that you have not dealt with my account in a lawful manner, and, whilst I have every intention of always paying my lawfully incurred debts, in this particular instance I am placing the account into dispute pending the outcome of my investigations. Your attention is drawn to the two attached letters which will form the basis of my investigation. You are requested to fully comply with the information requested so that I can complete my investigation promptly and resume payments on the account if it is proven to be my lawful debt. Yours Faithfully {Name} {Name & Address} Legal Compliance Specialist Capital One Bank (Europe) plc Trent House Station Street Nottingham NG2 3HX {Date} ACCOUNT NUMBER: XXXXX Data Protection Act 1998 Subject Access Request Please supply me with a complete list of transactions and charges relating to my accounts. Alternatively, a complete set of bank statements for that period will be acceptable. Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my financial business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response. I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties and charges against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 DPA subject access request fee. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However please note that the above address is the one which you normally use to communicate my private business to me and which hitherto you have found to be acceptable. Yours Faithfully, {Name} {Name & Address} Legal Compliance Specialist Capital One Bank (Europe) plc Trent House Station Street Nottingham NG2 3HX {Date} ACCOUNT NUMBER: XXXXX With reference to the above accounts, would you please send me a true copy of the executed credit agreements with the prescribed terms. I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request and this should be supplied within 12 working days. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act for the agreement. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defense to any court claim that is issued. I look forward to hearing from you. Yours faithfully {Name} With regards to the default and court action you really need to give Crap 1 the opportunity to resolve it. If they decide they are not going to remove the default (which is likely) you can then go down the legal route and ask for compensation at the courts discretion. Hope this help.....Rory

Hi, You should find the info you need here (if your in England) http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html If you need help in filling it in/particulars of claim CAB may be able to help. It looks like I'll soon be doing this in Scotland for Capital One/MoreThan/GE Money but still haven't got round to find out the particulars of how to do this as there are different forms, etc. Hope this helps.......Rory