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    • god they've got at you haven't they. told you all the usual utter BS. a CCJ vanishes from your credit file on it's 6th B'Day regardless to being paid off or not or paying or not. same with any debt with a registered defaulted date - it vanishes from your file on the DN's 6th B'day regardless. creditfix are Knightsbridge, (they renamed) there are 100's of threads here on Knightsbridge, if i remember rightly 2 of the directors of a certain very big IVA provider were struck off for embezzling £1m's out of debtors. pers i'd stop paying now.  end of . just ignore them all. 99% of your debts are to utterly powerless DCA's and probably were never owed in the first place only goes to firm up my belief from post one..you got had blind. its very easy to deal with the debts even those with CCJ's. can you copy and paste what you credit file says regarding the IVA please?   
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    • Sorry I meant credit fix - I really wish I'd known this before - kicking myself right now  If they come back to me asking for more money I'll cancel it and start trying to deal with the debt myself let's see what they say  Feeling tempted to cancel it now but scared that some of the debts will do more CCJ's on me and I'll have to wait 6 years again.  2 of the CCJ come of this year and then I'll only have the iva in credit file - effectively if I'd have not took out the iva in 2021 I'd have clear score by now - but then again would I because I would have been hounded the last 3 years, as bad as it is it's saves me lots of headaches whilst my debt was still within the 6 year mark.  I think most of them are near there but in all honesty no point chasing them if I do cancel iva I'd jjst wait for the ones who contact me and then start the relevant letter process on them.  Of over 6 years easy if not still possible to write off. My true victory would be having the iva wiped off my credit file as mis sold or something that way I Don't have to wait till 2027 Other option is to fight back and ask for them to offer the creditors to accept payments so far and use the following method    Will your IVA firm agree to complete your IVA on the basic of funds paid to date? The Guidance lists a lot of factors to be considered in deciding whether a settlement on the basis of funds paid to date should be proposed. You should read the list. But that may not give you any feel for whether they apply to you or not. The following are my thoughts on when an IVA should be treated as settled, not failed. They assume that you have £75 or less to pay a month: if you would currently qualify for a Debt Relief Order, then your IVA should be settled now  There is no point in making your IVA fail and you have to apply for a DRO – it will not generate another penny for your creditors. If you are renting and owe less than £50,000, check the DRO criteria now and talk to National Debtline on 0808 808 4000 about whether you qualify. You may have been told at the start of your IVA that you aren’t eligible – still check now as the DRO criteria have changed, your situation has got worse, and some people were given incorrect information about DROs at the start. if you have no assets that would be realised in bankruptcy (eg a house with equity, car worth over £2000), then your IVA should be settled now Same as (1), there is no point in making you apply for bankruptcy after your IVA fails. if your only asset is a car that is worth less than £8000, then your IVA should be settled now A car that is worth say £5000 would normally be sold in bankruptcy and you would be given a small amount to buy a cheaper car. But your creditors would not get any benefit from this as the Insolvency Service takes the first £8000 raised to cover its own costs. if you have significant assets, the closer you are to the end of the IVA, the less reasonable it is to fail it If you have been paying your IVA for 4 years, you have done your best over a long period. It isn’t your fault you can no longer continue. The fact you may have had equity to release isn’t relevant as that simply isn’t going to be possible. if your situation will clearly improve soon, then it’s unlikely your IVA will be settled I mean real improvements, not hoping that prices fall. If I can get them to accept payment to date or threaten with cancellation hopefully they may accept it -  Other option is to try and borrow money and pay make a full and final offer  Or I can just ignore and hope for the best which I'm very tempted to do especially if they respond to my review with bullying tactics despite me being skint as a fart with no mortgage as renting  It's so stressful but I've just checked the iva agreement from 2021 and it's Cabot 2 accounts Lowell about 5 accounts and then lots of repeats of the same debt with for example zopa and Cabot same amount listed twice -  also loyyds banks but I'm sure that's older than 6 years and not on credit file anyway  If I can somehow remove the iva from my credit file I'd be happy 
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Baslow138 v Cap One **Won**


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I requested repayment of charges ( £1200) sometime ago and have recieved all the usual rejections and offers of part refunds.

Having sent my LBA I am now ready to start court action but am unsure whether electronic or a paper based file is more apprioprate. Is there difference in what I need to prepare?

As part of my court bundle to I need orginal statements or will a spreadsheet suffice?

 

Do I need my orginal terms and conditions( long lost!) and if so do I write to cap one for a new copy?

 

Thanks in advance

 

Baslow

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Sorry, should have said Particulars of Claim. There's examples on here, unfortunately i can't add a link cos I'm not very good at them and you'll probably end up somewhere else! You can print off the N1 form (blank) Or you can complete it online then print but you can't save a copy. What i did was type my POC's into a word doc, then cut and pasted them onto the N1, then printed. That way you can mess about with the POC and just paste the finished version when you're happy with it. I printed mine about 4 times before I was satisfied - good job the boss was out at the time!

 

Then either post it to Court or take it personally. I took mine personally, just so i knew it was there. Also, if you take it, then if there's any queries you can sort it there and then, in my case, I'd put the wrong address on it!

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Aaaah, here you are Baslow!

 

Ive read your thread now I realise that you need a copy of my POC.

 

Not a problem. I shall pm you ok.

 

All the advice from Wendy is absoloutely spot on.

 

You'll have to pay £120 to file your N1. They dont take debit cards as you will have seen by what happened to me. Cheque or cash only.

 

You will also need 3 copies of your spready, N1 & accompanying POC for the Court.(POC will be too long to put on N1 form, so where you would put your POC just put...Please see attached sheet).

 

I hand filled in the N1 as I didnt really have the time to position it all by computer, though it does look nice & neat if you can.

 

To submit your claim you just need your N1, your spready & the attached POC. You dont need statements. If you are just claiming the S.69 8% just submit that spready, however if you are claiming Contractual you will need to submit spreadsheets for both. Can you confirm as I will have to amend what I need to send to you?

 

Lemoney:D

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Hi Jim

 

Have a read at post 48 here:

 

http://www.consumeractiongroup.co.uk/forum/capital-one/96448-wendyb-cap-one-3.html

 

It will give you a better idea of what to claim. Thanks to Steven for the post.

 

Uk

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Thanks all,

 

Im struggling to find the rate of interest they charged me( not the best at keeping paperwork :( )The card was issued and first used in 2001. Would Cap one give the rate if I rang them or is there a standard rate I can use to calculate compound interest? Im also aware that there is an excel table I can use does anyone have a link please?

Thank you

 

Baslow

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You might want to include this to the end of your POC if it is pertinant in your case, though it may not.

 

 

7) The removal of any prejudicial information which the Defendant (Capital One Bank plc) has passed on to third parties in relation to the Account with any credit reference agency. The passing of personal data to third parties relates wholly to the implementation by the defendant bank of charges which have been applied to my account in respect of contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by the bank as a consequence of the said breaches are contrary to The Common Law.

The Claimant’s request is made under the Data Protection Act 1998; section 14, which gives the power to the Court to order the removal of inaccurate personal data.

 

There you go, all done now!

 

Lemoney.:D

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Lemoney

 

One more favour- Im still struggling get my head round the caculations despite the best intentions of all who posted on this thread. Could you email your spreadsheet to me? Ive now got an annual apr and want to see how much difference it makes to the final figure( so skint so every penny etc...)

Cheers

 

Jim

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Jim

 

I have just sent one into your Hotmail account which is quite accurate.

 

Uk

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Thanks ukaviator

 

Mind you done some reading and it looks like I didnt enter any interest my orginal spreadsheet sent to Cap one, howver I did mention if I took it to court I would add interest.

I am in a postition to add contractual interest( 28.5%) on charges or just the 8% ?

 

Jim

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You could amend your next letter to include this, but you should ask for it from the start. If you put "due to information received via websites etc etc, i am now claiming contractual Compounded interest at the rate of 28.5%, which you have charged me". When you do the Particulars of Claim on your court file, you put the 8% as an alternative. Rememeber you can't claim both.

 

Uk

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I have repied this morning, looks like you have it.

WARNING TO ALL

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  • 1 month later...

Basi,

 

No not necessarily, however if it goes to Court you need to have your argument in place, there is plenty more reading on the subject here on this web site under various contractural headings. In precis, and how I have gone about it is....

 

POC from web site amended to any particular issues you have with the CC.

 

I am claiming

1. Charges

2. Interest the credit card company has charged you on those charges (demonstratable Interest - DI) at their applicable current rates, so you need to look at each statement, as this will change over time and is compounded.

 

and

 

3. either Contractural Compound Interest un/authorised rate (again various thoughts on this) or S69(8%) as an alternative offer for the judge to decide on the POC. you need to give a brief argument for trying to charge them CCI. If you look at my MBNA thread, it's all discussed fairly well there, with some more knowledgeable others.

 

I currently have one in Court awaiting a defence from CAP one, and MBNA and Capital one are going in next week, Egg are capitulating, but no DI or CCI only offering me 8% so I may take them to court as well.

 

Hope this all helps,

 

regards

 

BJ

 

:roll:

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Have Capital One actually taken anyone using the updated POC to court?

 

Thanks

 

Bas

 

 

Not to our knowledge. They seem to pay out the purchase rate of interest. Not full CCI, but we can't complain at that.

WARNING TO ALL

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