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    • statute barring in Scotland is 5yrs from last payment/use date or date of default Notice + 14 days, whichever is the later. dont confuse that with the 6yrs debts show on credit files (DN's 6th bday regardless to payment or not). they'd never get a claim raised by august in 99% of cases . as long all these debts were taken out whilst resident in scotland and you have not moved since taking them out but failed to inform the original creditor before the debt sale....... then stay radio silent until sb date is reached. then if you wish send our scottish sb letter. just remember unlike E&W in scotland debts are extinguished, dead , gone , parrot. once SB'd dx  
    • Hi all, Love this site and it's no nonsense advice, have dipped in and out of the consumer forums over the years, mostly to assure myself that what I was doing was the right thing when dealing with various businesses (almost 100% success rate, thanks in part to reading and more reading here.). Anyway, the time is almost approaching where I might need to ask for some specific help and I have a couple of queries that I can't see definitively answered. Due to financial mismanagement and severe anxiety issues I stopped paying all unsecured debt in December 2018 (one slipped to the first week in Jan 2019 when the last payment was made having rechecked my bank statement from that period - all my unsecured debt direct debits were cancelled in early Jan 2019). This has left half a dozen debts;  a couple of credit cards, a bank loan, Shop Direct and some Hitachi Finance stuff having been sold on and passing the rounds through the usual suspects, Lowells, Link, PRA Group, others related to them, and then back to them again. I have somehow successfully managed to maintain radio silence and avoided anything more worrying than their begging letters.  I have blocked their phone calls and texts, bumped all emails to the spambox and had a chuckle at their desperate letters.  I've never had anybody at the door.  I have been at the same address since before I defaulted and all correspondence comes to my current home address.  I have NEVER contacted them or admitted any debt. In anticipation of them perhaps ramping up action at the last minute I've had a look at my credit report on Credit Karma (rec'd from this very place) and I see that the default dates on these range from May 2019 to November 2019. Also in preperation I've been reading, reading and reading lots here as advised. Obviously being in Scotland there are a lot fewer posts relating to these matters and it's always quite annoying when OP's do not follow up with any outcome on their cases - how rude! This has also left me a bit confused of when I am able to finally breathe easy (although cancelling all the direct debits in Jan 2019 was the biggest sigh of relief as I knew it was all going to be unmanageable and, well, default one, default all.). I've been reading that defaults should be filed 3-6 months after the missed payment but one of my larger debts was defaulted on 27th August 2019 when the last payment I made was 10th December 2018, meaning the first missed payment was 10th Jan 2019.   My query for now is - when should I infer that these debts are prescribed?  From when the payment was missed, or taking the default date plus 5 years from the credit report? The three I have with the May date are moot anyway as either way they are gone  - some letters from Lowell offering me 90% off to settle is what got me thinking these must have been near SB status, however I have one big 10k+ with a July date and another 10k+ at the end of August I am feeling a bit anxious again, even though I know there is nothing to worry about with the begging letters.  Reading the various forums I am not sure why the OC's didn't take action against me when I read time and again the surprise that other posters haven't already been taken to court for lesser amounts - I'm also surprised I've avoided any action this long as there are plenty in this forum and sub forum who are whisked off to the court by the beggers minions after only a year or so after defaulting.  There are no CCJ/decrees listed on my credit report and I have not received any such judgements against me.  I still just regularly receive the begging emails to the spambox, the blocked phone calls and the letters from the they. I'm also reading that there is no need in Scotland to send an LBC so what should I be looking out for to know that the time has come to engage with CCA requests etc? I'm afraid in a fit I threw a lot of the paperwork out but I have a box of stuff I'm going to go through which may have the original letters from the OC's. Thanks in advance for any advice.  
    • I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
    • OK  so you may not have outed yourself if you said "we". No matter either way you paid. Snotty letter I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying. Dear Chuckleheads  aka Alliance,  I am replying to your LOCs You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned. Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR.  Please confirm that you have removed my details from your records. ------------------------------------------------------------------------------------------------------------------------------------------------------------ I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows .  If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense.  Although never underestimate how stupid they are. Or greedy.
    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
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I Won, I Won-----cant Quite Believe It!!!!!!!


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Hi

This is my first post on this board so not sure if I am in the right place!! I have written to Capital One requesting all my statements dating back to when i got the card in 2002. I have totalled up my charges and they come to the grand total of £700!!! I cant believe it!!!

I am now going to write them a letter asking for the charges back-------thanks to all the advice on the Martin Lewis board and the helpful tips on here.

Please could someone advise me which letter I send to them---I have read the letters at the top of the page but not sure which is the correct one to send??

Thanks ----xx

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Here is a copy of my preliminary letter to Capital One:

 

Capital One Bank

PO Box 5283

Nottingham

NG2 3WT

 

Request for repayment of charges

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxx xxxx xxxx xxxx

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last 6 years. I now understand that the regime of fees which you have been applying to my account in relation to late payments and exceeding the account limit (often directly due to your late payment penalties), are unlawful at Common Law, Statute and recent Consumer regulations.

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

What I require

I calculate that you have taken £xx.xx which you have charged me in Over Limit and Late Payment fees.

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting unconditionally my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

Yours faithfully,

 

 

 

 

 

Bovvered

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

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Hi

I have written out my preliminary letter for Capital One requesting my £700 in fees/charges to be returned. Could someone please advise of the address.I am not sure whether it is

 

Capital One

PO Box5283.

Nottingham

NG2 3YG

 

or if it is

 

Legal Compliance Specialist

Capt one

Trent House

Station Street

Nottingham

NG2 3HX

 

Thanks for any help

xx

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They will both go to the same address... however, this may be more specific

 

Capital One Bank

Legal Department

4th Floor

Loxley House

Station Street

Nottingham

NG2 3HX

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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yep thats the same address i used( legal department address) they have been quite good with giving out the info etc.

Natasha

 

Abbey-received DPA letter on 13/03, received some breakdown till 2004 waiting for the more recent ones(where most charges occurred)

sent reminder email on 17/4/06

called abbey on 19/04/06 to remind them:rolleyes:

sent another email on 26/04/06:mad:

Approx charges £2500

received £500 refund in dec 06

sent LBA

Capital one- sent DPA letter 17/03

Sent prim letter for charges of £260 14/04

Received a refund £109 awaiting further refund of £151

Settled IN FULL

Barclay card- Sent DPA letter 17/03 sent reminder 14/04

received info claiming £120

settled in FULL

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  • 2 weeks later...

Hi again everyone

Just to update you I sent off the Preliminary letter and I received a reply yesterday.

 

The letter reads pretty much the same as others on these boards----"Our fees are in line with other banks and finaancial institutions and as you are probably aware the Office of Fair Trading, OFT, are not challengining the right of banks etc etc etc "

 

It then finishes by saying

"Even though weve added them correctly I would like to help your by refunding fees weve added totalling £185.So that I can do them, please sign and return the settlement form Ive included with my letter".

 

I am claiming £700 fees back so I am obviously not going to accept this. I am correct in thinking that the next letter I write is the Letter before Action?

 

Thanks for everyones help

xx

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Hi

I was just wondering am I suppose to add interest on?I am just reading the letter before action and it does state that you add on interet for the overdraft.My fees(late payment and overlimit charges) total £700. I am not sure, if that is the case, how I work out the interest.

Thanks again

xx

 

 

 

Merged threads, please keep to the same one.

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  • 2 weeks later...

Hi again!!

 

Well this morning I have received a reply to my LBA-------this is how it reads:

 

Thank you for taking the time to write to our legal department about the fees we have added etc etc etc...................

 

Our fees are in line with other banks and inancial institutions and as you are probably aware the OFT are not challenging the right of banks to charge default fees, but merely the level of those charges.

etc etc

 

However, as a matter of goodwill, ive refunded two fees back to your account. Youll see a refund of £40 on your next statement etc etc

 

Please accept my apologies for any upset causted by our fees.

 

Yours sincerely

Robert Udy

 

Well----the first reply actually offered me £185 if i signed to say that would be the end of it.Now they have refunded £40!!!!

 

So now do I proceed with the next stage?

Thanks for any help

xx

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So now do I proceed with the next stage?

 

Absolutely!

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Provided that you have passed the 14 day deadline for this letter, your next stage is to take court action to recover these charges.

 

However, since you are still unsure about what you need to do, I would suggest holding off for a couple of days, and spending that time reading EVERYTHING in the FAQ section.

 

You are now on the verge of taking a large financial institution to court - one that has virtually unlimited funds and it's own legal team. Do not do so lightly, or without being fully aware of the implications of this next step, and certainly not unless you know the proceedure inside-out.

 

I cannot stress strongly enough the need to do this.

 

This reply is NOT intended to put you off - there is nothing wrong with taking legal action, and we would certainly not promote the idea of doing so if we didn't think it was the right action to take. But you must start to take control of this and not simply be directed to the next step by other users.

 

Once you are happy that you have done the above, you will know exactly how to make the next move - please post back when this is the case, and we can take things from there

 

John

:D

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Hi John

Thanks------I am definately going to read everything in detail before I go ahead. The letter would have been received by them on Tuesday May 9th so the 14 days hasnt elapsed yet ---that will therefore give me plenty of time to read the ins and outs.

Thanks again for your help.

Can I post before I apply to the Court just to double check I am doing everything the correct way?

x

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Certainly can :D

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Hi

I have been reading through the FAQ questions re making my claim through the Court. My 14 days are up next Tuesday and I will be applying then----in the meantime I am reading all the questions etc so I know what I am doing.

Can I just ask----how exactly do I work the interest out?

My claim dates back to March 2002 up until April 2006-------it is for £660(that is taking off the £40 they have given me back!!)----and I work the daily interest rate out using the formula provided as £0.1452. I am not sure how to work out exactly what interest is owing.

Thanks for any help

x

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2 types of interest are involved once you reach court.

 

8% on each and every charge, from the date incurred. Search for the spreadsheet - you enter the amount and date, it works it out for you.

 

8% on the overall amount, on a daily equivalent, until they pay you.

There is also a calculation for doing this in the FAQs.

  • Confused 1

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Thanks Jon

I will read through look through it all again tomorrow--------couldnt find the spreadsheet today but will have tomorrow afternoon free to search.

Thanks x

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Hi again

I have just been to try and open one of the spreadsheets and it wont let me open it!! Any ideas please as to how else i can work out my interest(maths is not my strong point!!).

Just wondered if I am doing something wrong

Thanks x

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Assuming you've got MS Office it should open - try again and do a save as first :)

 

There are 2 alternatives, if you've got Excel, this is the one you need:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=182

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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