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    • Hi everyone, I have an update on my case that I’d like to share with you all.  so after submitting 371 pages in my bundle, a witness statement and skeleton argument for my court case due to take place in Manchester on June 21st I got an email from my litigator stating that hmrc have pulled out and the case is now closed!    this is the body of the letter….. This letter, which is copied to the Appellant, pursuant to Rule 17 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, the Respondents gives notice to the Tribunal of their intention to not defend the above appeal.   The Respondents respectfully invite the Tribunal to allow the appeal and close its file. In lieu of the above the Respondents would respectfully ask the Tribunal to vacate the hearing scheduled for Friday 21 June 2024. We would accordingly invite the Tribunal to close its file. Obviously this is extremely good news which hasn’t sunk in that after 3 years of fighting it is over.    I do have a further fight on my hands in that the Group Action I had joined with Independent Tax that had been disbanded in November last year and I chose not to continue with them. They are trying to bill me over 5k for the work they did under that Group Action which is ludicrous bearing in mind the whole point in joining was that it would keep the cost to a minimum as it would be shared between us all. They had asked if I wanted to continue to have them represent me on an individual level which I declined, if I hadn’t, goodness knows what they would have been trying to charge me now. 
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capital one proof of benefits


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Capital one have phoned me this morning,

after i sent them an expenditure breakdown and list of my creditors through CCCS

they have flatly refused my token payment of £2 a month

I Am on incapacity benefit and they have now asked for proof of my entitlement to benefit, the only thing i have at the moment is a post offIce statement dated july 06 I can contact social but it takes weeks to get any proof of benefit off them.

will this post office receipt be acceptable thanks.

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They are not entitled to see any proof of anything - benefit, salary, nothing. Tell them if they want to see proof of anything to take you to court because a judge has the power to demand that proof. The judge could then order you to pay only what you could afford. £2 a month is extremely generous in your circs because the minimum payment is just £1.

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Thanks for the info NailPost I will just keep sending them my token payment and enclose a letter saying they are not entitled to see my

post office statement for benefit, I would not have been happy sending my personal account details through the post in any case,

Is It lawfull for them to ask me for benefit entitlement proof ?

thanks again. :)

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Hiya microbar

 

No they should not be asking you for any "proof" of your benefits :mad:

 

In the past I have provided income and expenditure forms and never ever been asked for proof of my benefits by anyone.

 

They will try all sorts to intimidate folk into paying more than they can afford, so just ignore this latest effort on their part and continue to make your token payment.

 

Come back and let us know if they carry on being awkward as many of us have had extensive dealings with Crapital One, myself included.

 

Love SG x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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  • 3 weeks later...

As i have stated here at cf I have had financial problems due to ilness,

And contacted cccs in order to get my finances under control,

I have offered all my creditors a token payment.

As I am on incapacity benefit,

I have a capital one account of which I Offered a token payment,

Which was refused then yesterday a dca fredricksons called about my capital one debt I said i would not talk to them over the phone and to send me a letter,I have however this morning received a letter again from capital one which reads as follows.

 

Account ****************

 

Thank you for contacting us about your current financial situation

Unfortunately. I couldn't action your request because you didn't sign your letter. So that I can do this for you. please write to me again at this address

 

Capital One

po box 5282

nottingham

NG2 3YH

 

Alternatively you can call us and one of our specialist account managers will go through a security check with you and answer your query immediately.

Our telephone number is 0800 952 4914

 

Im sorry for inconvenience this causes you.

I realise how frustrating it is to have to go to the trouble of contacting us again, However we need to do this to protect the security of your account and personal details

 

yours etc Verity Billson Senior manager.

 

Am I right in thinking that capital one are desperate to get hold of my signature, I feel a CCA Request coming on lol. ;)

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As i have stated here at cf I have had financial problems due to ilness,

And contacted cccs in order to get my finances under control,

I have offered all my creditors a token payment.

As I am on incapacity benefit,

I have a capital one account of which I Offered a token payment,

Which was refused then yesterday a dca fredricksons called about my capital one debt I said i would not talk to them over the phone and to send me a letter,I have however this morning received a letter again from capital one which reads as follows.

 

Account ****************

 

Thank you for contacting us about your current financial situation

Unfortunately. I couldn't action your request because you didn't sign your letter. So that I can do this for you. please write to me again at this address

 

Capital One

po box 5282

nottingham

NG2 3YH

 

Alternatively you can call us and one of our specialist account managers will go through a security check with you and answer your query immediately.

Our telephone number is 0800 952 4914

 

Im sorry for inconvenience this causes you.

I realise how frustrating it is to have to go to the trouble of contacting us again, However we need to do this to protect the security of your account and personal details

 

yours etc Verity Billson Senior manager.

 

Am I right in thinking that capital one are desperate to get hold of my signature, Why do they keep phoning me when they have Turned down my token payment offer, And have now asked fredricson international to deal with my debt. They have phoned me again 30 minutes ago

I said I Was not going to talk to them on the phone,

Do I cca fredrickson now or cap one ? thanks.

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Send the CCA to Fredirickson as they are the ones trying to collect on the detb. Don't talk to them on the 'phone. Keep everything in writing and keep your postal order and recorded del. receipts.

 

If you wish to continue making payments, i often make mine online directly to the relevant acc. I am currently doing this with a bank acc. as the bank has refused my offer. At least it shows i am willing!

 

Post up when you have a response to your CCA.

  • Haha 1

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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yes do as Hopeful1 says, got a letter from a dead solictors yet? bryan carter and co i think

 

any way I did this about 8 months ago and I've not heard a peep since

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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Thanks for the reply Hopeful1

Will cca fredrickson in the morning.

Have added to your rep.

 

Glad to have helped.

 

Best wishes ;)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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  • 1 year later...

I have been unable to meet my debts due to being too ill to work.

And In receipt of Incapacity Benefit.

I worked out my finances with the help of cccs

And sent on my expenditure sheet to my creditors.

Most Have accepted my token payment offer.

But Capital one after accepting my offer of £2 per month

then passed my debt on to Fredrickson.

I then told fredrickson I was only in the postion to pay £2 a month

They also accepted this for the last 8 month.

I have now received a letter out of the blue from Capquest Debt Recovery, They have said they have now taken over my account.

And threatend me from door step collection to court action.

They are also ringing me every day but I wont answer there security questions,As I have kept to the agreed monthly token payments,

Why are they suddenly getting heavy with me.

Do I just offer the same token payment to CapQuest ?

Can anyone suggest a suitable reply to these sharks thankyou.:)

Edited by microbar
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Personally I would make the same offer to Capquest who are a pain up the backside, my partner is dealing with them. If they refuse just keep paying them the £2.00 a month anyway. I would ignore all their phone calls as it's bordering on harassment. Creditors often pass the debt on when they can't be bothered with it. It's not unusual for a debt to be passed from 2-3 debt collection agencies.

 

Don't panic about the doorstep collection and court threats as they all send letters threatening this. My partner has been sent tons of letters telling him they are sending so and so round but they never come and if they do don't answer the door.

 

I also have issues with Capital One. They ring from an overseas call centre to harass me at least 2-3 times a day. I do not speak to them and deal with them only in writing.

Edited by red_squirrel
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  • 2 years later...

Hi I have been paying cap one a token payment on a credit card,

Due to unemployment.

However I received a letter from robinson way telling me they had purchased the dept.

But capital one have not advised me of this.

I asked robinson way to prove they had bought the debt.

And received the following.

http://i260.photobucket.com/albums/ii16/microbar123/ASSIGN1.jpg

 

My question is should capital one have informed me the debt had been taken over by robinson way.

And is the letter above sufficient proof that robinson way now own the debt.

Thankyou.:-)

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what does your cra file say?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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they should but there is little point in arm waving

 

why is this an issue though?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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they should but there is little point in arm waving

 

why is this an issue though?

 

 

dx

 

The issue is all the pressure Robinson way are using to up my payments.

So I am going to return there goodwill with hassle.

I will cca next.

After all cap one were happy to accept my payments.

I thought if a debt is bought the OC should inform me in writing.

After all anyone could send you a letter saying they now own a debt.

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exactly

but if you are payin the debt, then a cca is pointless.

 

and without the history

we cannot really comment

 

ever reclaimed on the £12 penalty charges and the PPI.

 

how old is the debt

does show on your cra file

who is the owner listed there.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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exactly

but if you are payin the debt, then a cca is pointless.

 

and without the history

we cannot really comment

 

ever reclaimed on the £12 penalty charges and the PPI.

 

how old is the debt

does show on your cra file

who is the owner listed there.

 

dx

 

Why would a cca be pointless ?

I have already said I cannot get a free cra check no trial at the moment.

My request was is the letter above sufficient proof that robinson way now own the debt.

Or do capital one have to send this to me.

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https://www.noddle.co.uk/signup?source=mgm

all that robbersway will do is send oyu photocopy headed by a cap one letterhead.

ideally yes cap1 should sent something but often these guidelines are just that. guidelines.

esp if the debt has been sold on phishing list a long time ago

and written off by the oc for tax reasons

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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https://www.noddle.co.uk/signup?source=mgm

 

all that robbersway will do is send oyu photocopy headed by a cap one letterhead.

 

ideally yes cap1 should sent something but often these guidelines are just that. guidelines.

esp if the debt has been sold on phishing list a long time ago

and written off by the oc for tax reasons

 

dx

 

Thanks for your help dx100uk Yes I see what you mean with the letter head etc.

Will send them a take it or leave it offer of a token payment.

Thanks again

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