Jump to content


  • Tweets

  • Posts

    • Fraudsters are using the details of firms we authorise to try to convince people that they work for a genuine, authorised firm. Find out more about this ‘clone firm’. View the full article
    • Hello   I wonder if someone might be able to clarify a problem for me.   I have an old problem raise its head again with cabot finance.   There were 2 bank debts that occurred at the same time that I was unaware off. My Ex wife continued to use a bank account and 2 the debts occurred.   I successfully defended a claim from cabot via MCOL regarding a SB debt 6 years ago. This debt had no previous recovery action on it and therefore SB defence was successful.   It looks like of their parent/sister company (Mortimer Clarke) company issued a CCJ for the other debt in 2011 but the court documents were sent to an address that I no longer lived at and had left 2 years previously so I was unaware of them until I checked my credit report and saw a CCJ on my file. The next time I checked back the CCJ was not showing. I did however manage to obtain a backdated report showing the CCJ recorded.   The CCJ is no longer on my file and no adverse information is showing.   I wrote to Cabot back in 2019 to say that I believed this debt to be statute barred and they wrote to say that as they had obtained a CCJ in 2011 that this was not the case.   The CCJ is no longer showing on my file and calculating that it would have dropped off around 2017 so is it in my interest to try and get this removed from old records? Is it a defence that the court proceedings were sent to an address that I had moved away from 2 years previously or would entering into any such action reignite the CCJ/debt.   I have looked at various comments on the Internet and from what I gather cabot may need to return and get permission to chase the debt ? Is this correct.   I no longer own any assets (other than a car) in the uk as  they are writing to my partners address as she still owns a property there.   Many thanks for reading my post, if anyone has any suggestions to point me in the right direction or confirm my thinking that they are just hoping that I will pay,it would be much appreciated.   do I just ignore them ?    Thanks Dave
    • Hi... well I was a idiot and got a log book loan from car cash point.... if only I knew how underhand and disgusting this company was I would never have done it.  They haven’t been very flexible considering it’s been a global pandemic and I’m a hairdresser so have been off 9 month more or less. So many things they have done must be illegal. They made a arrangement with me on the 20th December 2020 if I paid 300 and then my monthly 110 it would stop repossession, which I did, I had correspondence with them on the 11th say my full balance due on the 18th Feb was £1875.29 even though in earlier correspondence we had changed payment dates to 28th as that’s when I get paid . In the email on the 11th nothing is mentioned about a 3rd party or repossession. On 23rd Feb 2021 8”I get an alert through my insurance my car is moving, I’m in the house , nobody knocked nothing they took my car with all my possessions without the keys and didn’t let me know, if they had I would of been able to try get the funds. 2-3 days I have been arguing with them and the repossession company. They took my car over 40 mins away with my bankcard, shop keys everything in. I managed to borrow the 2000 pound as it had shot up to 2274.29 within days. I went to collect my vehicle yesterday which was another nightmare trying to tell me to wait another 24 hours which I wasn’t they had the money I wanted my car. On getting my vehicle on inspection they have damaged my car, it had a knock above the wheel arch I have proof of it before as I done it getting into work but they have took my paint work down to the metal.you can see it’s where they must of tied it to tow truck. I’m not letting this lie Everything they do is so corrupt me and my solicitor friend are going through everything with a fine tooth comb I’m going to ombudsman and I’ve also wrote to watchdog. I feel very strongly as this  company are nothing but criminals through legal loopholes. Has anyone had any similar experiences with this company and had damage to their vehicle? I think if enough people complain they will get investigated. I feel it was bully boy tactics as I said I would be able to pay hence the arrangement they made with me. 
    • We believe this firm has been providing financial services or products in the UK without our authorisation. Find out why to be especially wary of dealing with this unauthorised firm and how to protect yourself from scammers. View the full article
    • and some possible future problems with the O/AZ approach to vaccines should; as seems almost certain; ongoing booster shots be required - vaccine vector immunity particularly with the body developing immunity to adenovirus vectors   https://www.reuters.com/article/us-health-coronavirus-vector-immunity-fo/astrazeneca-sputnik-vaccines-face-hurdles-if-covid-shots-become-annual-affair-idUSKBN2AQ0VX   "Most vector-vaccine developers have opted to use an adenovirus, a harmless class of common-cold viruses.”The experience with adenoviruses has been for many years that vectors can be intercepted by the immune system after repeat injections,” said Bodo Plachter, deputy director of the Institute of Virology at Mainz University’s teaching hospital."   My lay expectation is that its not an immediate problem.
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

can you claim all your unfair charges, even if you owe the bank/credit card money??


Please note that this topic has not had any new posts for the last 4891 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

hi every one, i would be very greatful on any advive you could give me regrarding claims i am making for my unfair credit/bank charges.

i have a company getting my money back for me, (i wish i did it myself now,becouse they deduct 25% for then selfs)

the proble is, im in debt with all these credit cards and the bank account im reclaiming from.

i had a letter from capital one who have agreed to pay me my money owed rather then it go to court, fantastic! but they have used most the money owed to me to pay my out standing debt i have with them.

im still trying to get hold of a copy of my sign agreement when i first took out the credit card, this was back in aprill this year i requested it. but they have not produced it.

i know this is a good thing, so please dont think im being greedy, but i truly did want to share the debt around with other debts i have.

i was told by some one, that i am intitled to all my money, in debt or not, its up to me what i do with it. and not the credit/ bank.

i dont know what to do, please if some one out there has any suggestions i would be very greatful.

many thanks michelle xx

Link to post
Share on other sites

Yes, you can claim back unlawful charges regardless of the state of the relevant account.

Be honest, if the charges hadn't been made, then you wouldn't be in such trouble, would you?

 

I believe it is your right to have the funds refunded in full for you do spend as you desire, BUT if the bank/cc company can apply it against your outstanding debt, then they may be more inclined to pay you in the first place.

 

I got my charges refunded by Barclays, and they gave me a full refund, with no conditions.

 

If you've employed a claims company to do the claim for you, why aren't THEY answering questions like this? If they can't, I'd be tempted to get rid of them, and do it yourself with help from this forum.

 

;)

Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

Link to post
Share on other sites

What will the claims firm do if the Bank refunds the money to your account directly to reduce any outstanding amount.

 

It's really upto them how they refund the money. Most of all the charges I've had refunded went to reduce outstanding debts.

 

sorry if this is not good news

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

Link to post
Share on other sites

thanks for that.

i told the reclaim bank charges people doing my claims i am in debt with these credit cards and banks, i have myself wondered what will happen if the credit/bank deduct all the money i owe from these unfair charges and left nothing to pay the company sorting it out for me,

i understand capital one was at the court stage, i also have hsbc at that stage too, and citi finantial .

do you think i could contact the reclaim bank charges company and put it to them that i want my money in full, and not to be used on the out standing debt??

michelle xx

Link to post
Share on other sites

do you think i could contact the reclaim bank charges company and put it to them that i want my money in full, and not to be used on the out standing debt??

 

 

 

Seems sensible to me. After all, if ALL your refunds go to pay off the arrears/overdrafts you have, who's going to pay your claims company? It would be ironic (not to say unprofessional on their part) if you ended up with your arrears eliminated, but no cash in your account to pay them....

 

;)

  • Haha 1

Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

Link to post
Share on other sites

Hi I think this company should be negotiating and ensuring that you are paid directly - i took cap one to court they refused to pay me by chq so I am continuing in court as they are also in default of the CCA - just awaiting a court date

  • Haha 1
Link to post
Share on other sites

hi everyone, i have just had a reply from the company dealing with getting my unfair charges back,

she said,

the problem is is that they are settling out of court as a 'gesture of goodwill' therefore, they can pay the money to whom they wish, if the court proceedings were to continue without them paying in full this would be a different matter as the court would order payment to be made to you.

 

is that right do you think?

so shall i refuse the money ??

 

michelle

Link to post
Share on other sites

Hiya Mich,

 

If I've read you PM correctly.... you (allegedly) owe them more then they owe you in charges, so even if they were to refund the charges, there would still be an outstanding balance left on the account. Without a CCA to enforce however, there isn't much they can do about this....

 

If they go to court, then they would have to admit no CCA.... so I'm assuming that they are willing to refund charges as "a gesture of goodwill" in order to avoid this scenario and hope that you will be resuming payments on the outstanding balance nevertheless, once the refund has been made.

 

Any thoughts from anyone else ? :)

Link to post
Share on other sites

Having recently taken Crap one to court for charges refund and default removal I would continue with the claim. I went through all this before they gave full refund and removed default from credit file.

 

TezViper

  • Haha 1

TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

Link to post
Share on other sites

hi priortiy, they owe me more then i owe them, they owe me 545 ponds in unfair charges.

411 pounds of the money capital one wants to keep to pay of the out standing debt

then i have to deduct a further 123.96 pounds,to pay the company dealing with my case

after its all paid out i am left with 10 pounds to myself

michelle xx

Link to post
Share on other sites

Having read in a bit more detail, the company dealing this should be doing all this for you and ensuring that they get paid from the money retrieved from these banks etc. Isnt that what they are charging 25% for ( which is totally robbery )

I am pretty sure they only get 25% of whats claimed back and if you dont see any of it then neither will they.

 

TezViper

TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

Link to post
Share on other sites

Sorry Mich.... got it the wrong way around :rolleyes: .... it's been a long day.

 

I am pretty sure that you can have this money paid to you directly. Sequenci will know if you PM him. Unfortunately, the charges from the company are a separate issue.... so you may have to chalk that one up to experience, but vow to come on here and sort things out CAG-style if it ever happens again.

 

:)

Link to post
Share on other sites

i have just emailed the lady dealing with my claims, can i continue taking them to court on the ground i want my money in full, she replyed just with...

 

The claim is already in Gloucester County Court, that is why Capital One are paying up - making the offer they just have is called 'settling out of Court', in other words they are paying up without the need to go to a hearing.

 

michellexx

Link to post
Share on other sites
Sorry Mich.... got it the wrong way around :rolleyes: .... it's been a long day.

 

I am pretty sure that you can have this money paid to you directly. Sequenci will know if you PM him. Unfortunately, the charges from the company are a separate issue.... so you may have to chalk that one up to experience, but vow to come on here and sort things out CAG-style if it ever happens again.

 

:)

 

i will do, i did do it my self not so long ago it was for lloyds only 35 pounds they gave it me back, i was well proud of my self!! ha ha

i gonna do barclays next ,again only a little one 40 pounds, but its my money and i want it! ha ha . x

Link to post
Share on other sites

They might be wanting to settle because there is no CCA... and therefore, may have to explain their grounds for deducting the £400 odd before refunding you.... for a debt that they don't have the paperwork to back up.

 

This one is your call Mich.... it all depends on whether you want to pursue it in court or not. Have they promised default removal as part of their out of court settlement ?

 

I have to log off soon.... but will try and catch up with you tomorrow.

 

:)

Link to post
Share on other sites
They might be wanting to settle because there is no CCA... and therefore, may have to explain their grounds for deducting the £400 odd before refunding you.... for a debt that they don't have the paperwork to back up.

 

This one is your call Mich.... it all depends on whether you want to pursue it in court or not. Have they promised default removal as part of their out of court settlement ?

 

I have to log off soon.... but will try and catch up with you tomorrow.

 

:)

 

i have just emailed the lady dealing with my claim back, asking if i can continue with claiming the full amount back to me and not to pay towards the debt, cos what she just emailed me was what i already new.

no capital one have not put any thind about lifting defaults etc. xx

thanks priortiy one, catch you tomorrow hopefuly, x

Link to post
Share on other sites

the lady from the reclaim company has just replyed to me email with the following.....

 

Unfortunately no, a judge would strike out the claim on the basis that Capital One are willing to pay the claim in full plus court costs, we both may then be fined for wasting the courts time. If they were willing only to make a part payment we could continue it's because they are paying in full that the claim cannot continue within the courts. Capital One by paying up are actually being quite sneaky !!!

 

Sorry about that !!

 

I've actually drawn up further court papers for you to sign against Citi Cards, do you want to go ahead with that ?

 

thats a shame! x

Link to post
Share on other sites

i would push them on a default removal

 

since to be honest, thats what affects you the most.

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

Link to post
Share on other sites

Can only be done if default removal was part of original claim!

 

TezViper

TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

Link to post
Share on other sites

I suggest that you tell the company that you want any gesture of goodwill in the form of a cheque. If Capital One apply to get the claim struck out because of an offer that you haven't accepted, then let the charges company earn their 25% by opposing it. Of course they're happy for you to accept the GOGW as it means they'll get their 25% sooner rather than later. How easy would it be to tell them you're going to do it yourself, and that you aren't satisfied that they are working in your best interest.

 

I suggest that you tell the firm that you won't be going ahead against Citicards through them, and do it yourself. I know Citi are particularly difficult to deal with, but you can get free advice and support on this site from people who have won against them.

 

Do you have a default from Cap 1, or a debt management plan?

 

Of course there's also the issue of the CCA which means the debt is unenforceable, but as you are owed more than the amount of the debt, my feeling is that you should let that one go.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Unless I have read it wrong they are offering full refund plus costs which does satisfy the claim. As far as I am aware they can offset the outstanding debt and anything less goes to you or in your case to the company acting on your behalf. I really cant see anyway around it.

At the end of the day the debt will be written off!

 

TezViper

TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

Link to post
Share on other sites

They have not produced a CCA, so they would need to prove that there is a debt. Anyway, the so-called debt is made up of unlawful charges, so take away the charges and there is no debt. They could either accept paying by cheque, or go to court to prove that they should not have to pay the money back.

 

However, if michsienna was planning to use the money to pay off the debt anyway, then it doesn't really matter one way or the other, but there may be other debts that need to take priority, and it's up to him/her to decide how to use the payment.

 

The reason I asked about a DMP, is because Capitial 1 should not get preferential treatment over other creditors, by paying themselves first. They are not in a position to dictate the terms of paying the claim, and the so-called company who are helping should know that if they think they are worth 25%. If Cap 1 aren't happy with that, then let them go to court and see what the judge decides. ;)

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Has a claim been filed at court? If so what are the particulars of that claim?

 

TezViper

TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

Link to post
Share on other sites

All the company need to do, or you, is write to Cap 1 and say you will accept the gesture of good will in the form of a cheque, with no conditions attached to the settlement - if that is what you want. To be honest though I think you are as well to get rid of the debt, and have done with them, and get away from the claiming company as fast as you can.

 

Tell them to get in touch and I'll let them have my bill for advice given.:p (Joke in case anyone thinks I would ever dream of charging anyone).

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

i am happy with the debt being cleared, at leaset that one debt out of the way!

im seriously thinking of doing the citi one myself, the claims company are sending me out court papers to sign and send back.

if i tell the company i know longer wish them to act on my behalf, do i take on where they left off?,

taking them to court, the thought does scare me a little,

a the good thing will be the claims company has worked out how much citi owe me, and do i need to get hold of the statement copies the company would of got of citi?, the company might still charge me for them gaining the statements.

ive already asked them for my barclay statements (the unfair charges with barclays were only 40 pounds, for the company to help you you must have over 250 pounds in unfair charges)

ive got a feeling with citi, they owe me less then i owe them, i dont want to be in a situation where i will be in debt with company helping me with these unfair charges.

michelle xx

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...