rob14973
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Posts posted by rob14973
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Yes i have found a letter which says the account is in default and terminated.
However they have defaulted the account whilst in dispute.
they defaulted me on the 05/09/2008 and
i have got a letter dated 13/08/2009 showing a token gesture of a partial refund from a lba i sent.
thanks in advance
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Thank you for replying dx
I dont remember ever receiving a notice of default or a termination from cap one. i have had that many letters i really dont know. I looked on experian to find out i had been defaulted.
rob
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Hi
Ok i have received a statutory demand letter delivered by hand to my home address from Hamptons Lega
l for an outstanding debt to capital one which has been in dispute since 2008.
Back in 2008 i started proccedings against cap one for credit card charges i never got around to filing for court.
however i have been chased by numerous debt collecting agencies all linked to each other i may add.
I had sent letters off in the past saying the debt is in dispute and they left me alone for a while.
Once again they have now re surfaced and served me with this demand.
so where do i go from here?
Do i defend? if so how?
Do i pay up over just under £1000 and then continue against cap one with my claims for charges. ???? And a removal of a default
or ignore the demand and continue my claim for charges and take them to court?
hope some one can help
rob
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I have noticed on the cag announcement at the top of the page is showing a template to use, if you have been defaulted for bank charges. Can you use this templates for credit card companys.
thanks in advance
rob
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Thankyou i will be filing a claim early next week i will keep you posted.
Regards
Rob
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Hi
Im confused now. I have looked at the date of my LBA and its was dated in mid december. You said in your last post if it was older than six months start again.
It is easier to carry on but hope it dont effect me when i go to court.
So shall i carry on or start again ?? What would u do lady?
Regards
Rob
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Hi
Thanks for your reply. Im going to start again to be on the safe side.
During the my first attempt with barclaycard they offered me £356 the difference between the £12(OFT recommondation NOT!) and the actual charges.
Anyway cos im starting a new claim do i just remove £356 worth of charges of my spreadsheet??? when i start again.
Regards
Rob
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Bump
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Bump
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Hi
Been a fair while since i last posted. I have still not sent my mcol due to cash flow after been made redundant from my job.
I know have a job again and want to continue with my claim. Its good four months since i recieved a reply to my LBA of get lost.
Can someone please advise me if its alright to go straight to mcol after such a long period after receiving a get lost letter.
Thanks
Rob
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Thanksyou for the reply's
Rob
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I purchased a 42inch LG plasma tv from comet on the 23rd July. Within 6 months it had developed poor picture quality as well as screen burn.
On the January the 8th 2007 this fault was reported to Comet. They sent an engineer out a few days later. He concluded that a faulty part was the possible cause which he had to order.
They sent two engineers out to replace the part and after 2 hours they informed me it had no effect on the picture.
After further consultation with a Comet manager he decided the engineers had to take pictures of the fault.
After looking at the pictures they deciced to replace the screen. So this time we we left without a telly for 2 weeks whilst the repair was been done.
Finally we received the telly back complete with repairs.
We switched on the the telly and non of the faults had been rectified. Also we found that the telly had been scrapped and scratched down the front.
(not suprising as they carried and stored the TV on the van without packaging)
We phoned up an for a engineer to come out the following day who when arrived saw the tv was in a worst state than when it went for repair.He recommended to ourselves and Comet that we were entitled to a replacement for the tv.
The tv was bought as a package with a dvd player which is not faulty.
Because i have been messed around i have decided, i am know going to get a refund.
Can i have a refund on the whole package? or just the tv.
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The car in question was the attendents own motor and not council owned.
Everything seems to be ok on the ticket front.
Im just fuming because the attendant parked his car in a very dangerous position outside a school. If someone had been knocked down things would have been very different.
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Yeah thats the route im going mate its all done written up im going to send in 2morrow.
Thanks
Rob
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Right well i have been delayed with my court claim due to finances. Its probably 2 months since i recieved a reply to my LBA and i am now ready to file for mcol. Will i have to send of my LBA again or will it be ok to file mcol? any advice peeps
Thanks
rob
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Hi
I received a parking ticket last month, i was parked on double yellow so i deserved the ticket. BUT
The parking attendent, who issued the ticket,parked his own car on a single yellow line during restricted hours, after zig zag markings outside a school which blocked the view of the crossing patrol lady causing danger to school children crossing a very busy road.
I wrote a letter of complaint to the council about the above and this was a paragraph taken out of their reply.
"Parking Attendents have a statutory exemption whilst they are carrying out their duties this enables them to park on restricted streets when necessary."
Surely this cannot be right?
I want to take this matter further but dont know who to write to.
Any ideas
Thanks
Rob
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Hi
Ok looking into my parking tickets all legit and im going to pay! Except i was approached by the local lolipop lady who told me the warden who issued my ticket had parked his car on a single yellow line after the zig zag lines outside a school just to issue my ticket which is also an offense. Rules for one rules for another.
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Hi
I think im going to contest it on those grounds!
ALso im a bit confused about the ticket i have received.
Reading the forum threads it states that if my tickets says penalty charge notice i can contest it on the grounds its not a penalty. If this is so, what would be my argument?
rob
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Hi
Ive been to pick up my kids today and got a ticket from a council warden:-x Around the school parking is at a premium. I was late so i parked it on a side road, near the junction on double yellow lines. My ticket says first seen at 15.05pm and noticed isued at 15.11pm when i got in my car the clock said 15.10. As i was approaching the car the warden was taking pictures of the front and then the rear i then get my 3 kids into the car pull ticket of the window and check the time on dash 15.10 mmmmm.
1. So is their a time limit before tickets are issued?
Also on my ticket its says at location "Next to a road sign plate" The roadside plate was on the other side of the road??
One of the double yellow lines is also broken by a grate.
Have i got grounds of appeal??
Your assistance would be appreciated
Rob
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Its ok dont worry. Thanks for the help.
Rob
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Hi Michael
24.9% is the apr of the card. Im not claiming the cash advance rate.
Rob
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Thanks michael thought i was wrong.
Was my poc ok i was just unsure about the cash advance rate. As im not using the cash advance rate to claim.
Also can i word the value secton any better than this as i dont think it looks right
Charges £xxxxx
Interest on charges £xxxx
contractual interest total £xxxx
Court Costs £xxxxx
Total £ xxxxx
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Hi
Thanks for getting back to me i will keep it to 24.9%. Also to work out my daily rate of interest its is my total charges plus interest x 0.00022 is this correct?
Can someone also take a look at my poc. Is this ok
1. The Claimant has an account xxxxxxxxxxxxx with the Defendant, opened around May xxxxxx
2. During the period the account has been operating the Defendant has debited numerous charges to the account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends the charges were debited in accordance with the terms of contract between itself and the Claimant.
3. A list of charges applied is attached to these particulars of claim.
4. The Claimant contends that:
a) The charges debited to the Account are punitive, are not a genuine pre - estimate of costs incurred by the Defendant, exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.
b) The contractual provision permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.
5. Accordingly the claimant claims:
a) The return of the amounts debited in respect of charges in the sum of £xxxxx.
b) The Claimant also claims interest at 24.9%, from the date of each transaction to the 26/09/2006 as set out in the attached list of charges. The Claimant further claims interest at the same rate up to the date of judgement or earlier payment, at a daily rate of £0.39 per day.
The Claimant believes this rate to be justified under the principle of mutuality and reciprocity and is based on the Defendants cash advance rate that would be applied under the terms of the above mentioned account.
Should the court find the interest rate not applicable, then as an alternative the Claimant wishes to claim interest pursuant to section 69 County Courts Act.
6. Alternatively, if the charges are a fee for a service,then they must be reasonable under the S.15 of the Supply of Goods and services Act (1982)
Thanks
Lowel/Carter claimform - cap1 credit card debt
in Financial Legal Issues
Posted · Edited by rob14973
additional info
Ok ive read those links thanks.
However still unsure how to fight my case as mine is different.
Do i phone the person on the bottom of the sd.????
Also can my reason be that capital one owe me £900+ in charges which has been in dispute sice 2008.
i owe them £800 + so would this be my case to set aside