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    • thanks dx did i check the wrong thing , i havent checked any credit file as i have no credit at all not in well over 7 years now all bills are in my husbands name, have joint building society account for our state pensions to go in thats it for me, do not want any credit either at our age we just pay the bills when we get them
    • I have been doing a lot of reading but the intricacies of legalities is not always obvious to someone like me  and it’s a lot to take in for someone new to this So how else is it served?  so by that it seems you are saying that they will need proof of postage or will a judge accept that on the balance of probabilities a large company will likely to have sent it?   
    • @jk2054 Thank you for this detailed response, and appreciate you are responding while busy.  In response to your points: In regards to the £25 and £4.82 paid by packlink, in my witness statement, it is clearly explained that this amount of £29.82 is not in dispute. I agree with you that I will focus on claiming under the contract you have with EVRi as you entered into a direct contract with them according to packlink T&Cs.  I also agree that I will focus on terms 3b and 3c of the Packlink T&Cs and apply rights as a consumer, and use the third party as a backup if required.  Does it mean a new witness statement will need drafting to send to the court / Evri?  As per my previous post #246, I am thinking of sending an email to Evri and the court, that I have already sent my WS to them by post/email and attach the email that was sent last weekend to them containing my WS. In the email, is it worthwhile also telling Evri that I will be making a point to the judge that: the Packlink T&Cs provided by Evri in their witness statement clearly explains in terms 3b/3c that when a transport agency (Evri) is chosen by a user (myself), a contract is formed by the user and transport agency. Therefore, Evri's view that there is no contract is flawed, as under the T&Cs, there is a contract formed when I chose for my parcel to be delivered by Evri via Packlink. Evri's own T&Cs also state when a parcel is sent with Evri, a contract is formed between the sender and Evri. Happy to get any more thoughts on the above and then I will send the email either tomorrow or by Monday.  @BankFodder I have provided the screenshots and information you requested in post #248. Please let me know if there is anything you want to add to the above, before i send the email out to Evri and the court. FYI - Court date is in 2 weeks on 7th June.
    • as long as all your old addresses are showing on your credit file. there can be no CCJ, backdoor or otherwise. dx  
    • hi word for word the message says please contact us now on 03333201829 or an enforcement agent will visit you and a minimum fee of £235 {set by legislation} will be added to your balance quote re ++++++ that was sent on 20th feb, i then checked on the register judgements and fines website to see if there were any ccjs but it was clear,i checked old address and my new adddress,  will probably check again to see if there is anything  thanks for your help   
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    • We have finally managed to obtain the transcript of this case.

      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.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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The Great Interest Rate Escalator Trick - Capital One now joining in?


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I have a thread over on the MBNA/Virgin Money area discussing what I believe to be a highly unscrupulous practice by Card lenders to punish their more vulnerable customers by using so-called 'account reviews' to selectively increase their rates of interest to some customers by in some cases massive amounts.

 

It seems that Capital One are also now engaged in this questionable practice. I thought I'd share this with you guys and would welcome your thoughts and input.

 

I had a letter this morning saying that 'based on an account review' (I have a high balance, but monitor my credit record and there have been no negative changes to this since I took out this card - nor do I have any current arrears on this or any other account), they are going to increase my interest rate by a WHOPPING 7% APR :eek:

 

Looking at the agreement, it seems that on the surface of things they can probably do this legally, but I am becoming more and more convinced that due to the:

 

• Apparent selectiveness of the process - i.e. the active targetting of the most vulnerable and the punitive nature of the changes

 

• The sheer amounts of increase involved

 

..that there may be some mileage in challenging this. I'm wondering if these rises could be possibly construed as (dare I say it) penalty charges? I would welcome input from any legal eagles/mods etc if possible.

 

I've requested a management callback from CAP One and will keep you updated.

 

Thanks in advance

Mac

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

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UPDATE - I was told by the lady at the call-centre that this letter has gone out to 'over two thousand' other Cap One customers today - so some of you may be getting this too. Hopefully we can fight this together. ;)

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

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UPDATE

Another callback today. It seems that they may be backing down in my case, but the person calling me used fairly weasly and vague language, so I'll be reserving judgement until the clarification letter I asked for (along with my original CCA) arrives. I'll let you know what transpires.

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

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Thank you Mac. I have one of their cards. although not used and no balance outstanding. I am going after them for PPI, i wonder if i will get this letter too. I suspect that all of the cutomers who have had refunds will get these letters.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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ukaviator

 

I'm not sure they would dare do that! However I do believe that they have software that identifies certain borrower profiles (high balance/min payments, perhaps problems in the past or with other lenders).

 

They then use this to either squeeze these people for massive rate hikes or 'encourage' them to clear their balances/cut up their cards.

 

Therefore I believe that they are peverting the part of the agreement that says that they will 'review' accounts 'from time to time', using this for much more sinister purposes altogether. It's an example of the use of language that on one hand looks like responsible lending to legislators, whilst on the other allowing sharp practice to go unpunished. Allegedly. :cough:

 

We'll keep a listening watch on 124.6, eh? ;)

 

Mac

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

Link to post
Share on other sites

UPDATE

 

Got the management callback. They're not backing down. Have asked them for a more detailed letter asking for the specific reason that I was selected for this penalty.

 

I have also requested an original copy of my CCA.

 

Keep you posted ;)

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

Link to post
Share on other sites

Thanks Mac. I look forward to your findings. . .

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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I'm reposting this for clarification as due to the CAG system clock incident yesterday, what should be my latest update is still halfway up the page :lol:

 

UPDATE

 

Another callback today. It seems that they may be backing down in my case, but the person calling me used fairly weasly and vague language, so I'll be reserving judgement until the clarification letter I asked for (along with my original CCA) arrives. I'll let you know what transpires.

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

Link to post
Share on other sites

All

 

Here's the letter for reference. Why not post to let us know if you get one of these, too?

 

Cap_One_01.jpg

 

 

Cap_One_02.jpg

 

Cheers

Mac

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

Link to post
Share on other sites

  • 3 weeks later...

Well if worst comes to worst you can insist on the current rates. I had a large balance on a credit card when I was a student and I always wondered what would happen if the banks did that.

 

On the one hand they have you over a barrel, on the other hand some customers are in a position to pay it off or move it elsewhere. Seven per cent seems a huge rise but I forsee the problem being the scale, if that is there rate for lots and lots of people they could argue there is nothing sinister about the increase.

 

If you want to continue using the card then you have a bit of a problem.

 

Do you have access to other low cost credit?

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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