Thanks you so much for your replies, it's nice to know people are there to help and listen as I have been chewed up by this. It was a HP agreement dated 20/03/2007. It is confusing as the Particulars of Claim does not mention how many payments I had made. It does, however mention that £10 is the Purchase Fee which I don't think I should have to pay as I never technically bought the car at the end of the agreement and a second installment of a credit arrangement fee of £40 payable 1 month after the final monthly rental is paid. It says: On 15/07.09 the claimant sent a notice of default to the defendant by first class prepaid post stating the total amount of the payments overdue and requiring the defendant to pay the same to the claimant by 01/08/09. On 02/08/09 the defendant had failed to pay the overdue payments and the claimant became entitled to terminate the agreement and demand return of the vehicle, which it did by written notice to the defendant on 07/08/09. The defendant did not respond. The claimant's solicitors made a written demand for the return of the vehicle or payment of the outstanding balance on 25/09/09. The defendant voluntarily surrendered the vehicle in writing to the claimant's solicitors on 20/10/09. The vehicle was recovered by the claimant's recovery agent on or around 24/10/09. They are claiming: 1. arrears at termination £1810 2. late payment interest £22.39 3. legal costs £154 4. future rentals £8320 5. recovery costs £276.50 6. sales costs £226.55 less sales proceeds £7700 Total £3109.44 They are also claiming interest on the balance of £2429.56 at the rate of 8% per annum from the date of notice of shortfall to today's date in the sum of £31.95 and continuing on the total amount claimed at a daily rate of £0.53. They have attached the copy of the agreement: amount of credit £12631.08 duration 60 months total amount payable £15750 (£260 a month @ 9% apr). credit arrangement fees and purchase fee = £3118.92. Under termination - your rights, it says you have the right to cancel this agreement. The person you make your payments to will then be entitled to the return of the goods and to half the total amount payable ie £7875. If you have already paid at least this amount plus any overdue installments you will not have to pay any more. If you do not keep your side of the agreement but have paid at least one third of the total amount payable under this agreement, that is £5250, we may not take back the goods against your wishes unless we get a court order. The POC does not include any of the letters they say they've sent me which surely they should include to prove they sent the letters? I haven't kept any of them (stupid I know) so I don't know how much of the balance I had paid off and how many installments I had made. Does this info help? Thanks again:confused:

Hi, I'd be really grateful if some of you kind people can offer me some advice. Ok, the story goes..... I took out a finance agreement with BMW for a vehicle and agreed to pay £260 a month. Last year it got to the point where I simply could not afford the repayments and I ended up in arrears. I phoned BMW to inform them I was having difficulty paying but they would not reduce my payments and simply said I had to pay the arrears. I couldn't do this so I was eventually contacted by a solicitor from BPE to say that as I had not kept to my side of the agreement, my only options were to 1. pay the full outstanding amount of the finance and purchase the vehicle, which I couldn't afford to do, or 2. surrender the vehicle and be liable for any shortfall after it is sold at auction. I had no other option than to surrender the vehicle and agree to pay the balance in affordable installments. The same day (Oct '09) a bailiff arrived at my house at 8.30pm demanding the keys for my car and drove it away. I couldn't believe it, I was given no notice at all when they were coming to take it. I then received a couple of letters to tell me the costs for recovery etc, but nothing to give me an option to propose repayments for the outstanding amount. Then, a couple of days ago I received a Claim form from Cheltenham County Court for the outstanding balnace (£3,200). In it it says I did not reply to a letter they sent me in January notifying me of the shortfall balance that was due but I never received this letter! I phoned BPE today to tell them this and they said that Royal Mail hasn't returned anything to them so there's nothing they can do so they are going ahead with the Judgement. I do not want to defend the claim as I appreciate I didn't keep to the agreement but I want to repay the money and for it to be over. Now they are probably going to issue a CCJ against me and I'm terrified. I rang the Mediation helpline and they said if I stress that I am keen to mediate and pay the balance off asap then they might accept my proposal and not enter a Judgement against me, but BPE said they probably would even if I propose to pay them £200 a month as it will take ages to clear the balance. Please help, I don't want to go to court or have a CCJ. I have heard about Tomlin Orders and wondered if they would be appropriate? Thank you

Yippee!! Received a letter from Capital One yesterday offering me the full amount of £1205 (including interest) as full and final settlement although they still don't admit to doing anything wrong. Only thing is I asked in my claim to have the money refunded by cheque but they're crediting it to my account and giving me a cheque for any credit balance remaining. Still I don't mind, at least it will pay off my balance and they're the ones losing out on my interest payments!:grin: I'm so chuffed and have to say a huge thanks to everyone that's helped me on this site. Can anyone tell me what I have to do now? Presumably I have to inform MCOL but not sure how??? Next up.... Halifax! R x

Hi, I filed my MCOL against Capital One on 29 Sept. It was acknowledged a week later on 6th October. It now says the defendant has 28 days from the date served to file a defence or admit liability. As it is now 18 October does anyone have any idea when i'll get a response. And when is the 28 days actually up? I don't actually know when they were 'served' with this claim to know when the 28th day is? Thanks, R x

So is there a template covering letter for sending the MCOL people my schedule of charges? And do you know the address to send it to? Thanks again R x Anyone know the answer to this? Also another question - I filed my MCOL on 29 Sept and it said "issued - the defendant has 14 days to respond"/ As of 6 Oct it says "acknowledged - the defendant has 28 days to respond". Which one is it? Do they have 28 days from 29th Sept or from 6th Oct??

As far as I know, yes. You have to put in the blurb about claiming the statutory 8% then add that on to your final amount. HTH

Thanks that's great. Yes that's what I did - I put all the info in the particulars bit. I have already sent the bank a copy. I will PM a mod about my case. So is there a template covering letter for sending the MCOL people my schedule of charges? And do you know the address to send it to? Thanks again R x

Anyone know?? Also, I didn't give the court details of the charges as I didn't see any place to attach them. Have I done this wrong? Aarrrgghhhhh! Rx

Claimant has accounts xxxxxxxxx with Defendant from (date of account opening) conducted on their standard terms and conditions. Claimant is claiming the return of £ (charges total) taken by Defendant in charges over x years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8 % a year from (first charge date) to (date of filing moneyclaim) of (figure on spreadsheet) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (your total charges x 0.00022) That's what I was advised to put on my court claim - I filed it on Sat so fingers crossed, you're not too far behind me. As for fees - I think they differ according to your individual circumstances. I think they are reduced to £30 if you are on benefits but the 'norm' is £120, which you get back of course! Good luck R

Wow over two grand from Halifax!?:o ?!! Well done:D ! I'm claiming against them next, unfortunately just for £288 though. Happy spending x

Thanks, lets hope it goes ok!:o Just checked on MCOL and it has been issued and says they have 14 days to respond. Do I have to give my claim details to someone? How do I go about PM-ing a Mod??? Ta x

Con-grat-u-la-tions, and ce-le-brations!! Spend it wisely;)

Just completed my money claim so wish me luck!:o

I'm in the middle of doing my MCOL and need to put in Capital One's address. Is it ok to out the address they put at the top of the letters they send, as its a PO Box???

Thanks that's great, i've clicked on your scales, will let you know how I get on (just keep an eye out for my username!) Regina x

Thanks for that, and the compliment! I am also claiming against capital One, but as this is a credit card i'd prefer a cheque rather than them depositing the money as this would leave me in credit with them. Also, sorry to be a pain but does anyone know what to write on the MCOL? I'll be doing mine on Friday for Halifax and Saturday for Cap 1 and want to be prepared. Thanks x

Hi, Does anyone know if they send us a cheque or deposit our money back into our accounts directly? Or can we choose? Is there somewhere on the MCOL where you can put this? Thanks

Received a letter from Customer Relations on Friday offering goodwill gesture of £80 - I don't think so . I'm due to file my Money Claim against them on Friday - should I just ignore this and stick to my schedule? The letter is signed Richard Jones, Redress Assessor, Core Business Team, Customer Relations. There is also an acceptance form and a pre-paid envelope. The acceptance form is for full and final settlement.

Well, I wrote back to Cap 1 on 15th along with my LBA to say thanks but no thanks to their crappy offer. Received a letter last Fri from Mr Udy saying oh sorry you won't accept it but there's nothing more I can do. So i'll file the MCOL on Friday. A bit anxious as I'm not really sure what to put yet! So far everything seems to be going like clockwork, just like everyone else's. Wish me luck x

You only need to add the interest if/when it gets to the court stage. Read the FAQ's - its all in there. There are also prompts in the letter templates for what info to add and what to leave out/ Good luck with your claim.

Just sent my LBA but amended the first bit slightly to take into account their partial offer - i'll accept it as part payment but i'm not willing to settle until I get it all. See what happens next I guess.

Claim them from today, although as far as i'm aware you can right up until the MCOL stage (if it gets that far), where you can also add 8% interest and court fees back. Hope this helps.

When I click on your link it just takes me to the forums page!

yes i'd love to know how you get on with this as I too have been offered about a third of my claim amount and will progress with my LBA on Friday. I think its very cheeky that after they've taken our eyeballs out in charges they are now going to take it upon themselves to just reduce them! How dare they! I'd like it all back please Cap One! Good luck x

Are you sure??? I'm so nervous i'll get to court and lose!