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    • Paragraph 18 – you are still talking about Boston stolen items. About time this was fixed??? Paragraph 19  In any event, the claimant's PS5 gaming device was correctly declared and correctly valued. The defendant accepted it for carriage and was even prepared to earn extra money by selling sell insurance in case of its loss or damage. New paragraph 20 – this the defendant routinely sells insurance in respect of "no compensation" items (a secondary contract contrary to section 72 CRA 2015) new paragraph above paragraph 20 – the defendant purports to limit its liability in respect of lost or damaged items. This is contrary to section 57 of the consumer rights act 2015. The defendant offers to extend their liability if their customer purchases an insurance cover for an extra sum of money. This insurance is a secondary contract calculated to exclude or limit their liability for the defendants contractual breaches and is contrary to section 72 of the consumer rights act 2015. New paragraph below paragraph 42 – the defendant merely relies on "standard industry practice" You haven't pointed to the place in your bundle of the Telegraph newspaper extract. You have to jiggle the paragraphs around. Even though I have suggested new paragraph numbers, the order I have suggested is on your existing version 5. You will have to work it out for your next version. Good luck!   Let's see version 6 Separately, would you be kind enough to send me an unredacted to me at our admin email address.
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    • Yep, those 'requirements' not met to shareholders satisfaction seem to me to be: 1. Not being allowed to increase customer bills by 40% (of which well over 50% of the new total would NOT be investment) 2. 1 plus regulators not agreeing to letting them do 'things in their own time (ie carry on regardless)
    • As already mentioned freely available "credit scores" are fairly useless. All lenders have their own "credit scoring" system, that for obvious reasons they don't divulge. And they're "scored" differently to the freely available ones. As soon as they could, we've always encouraged our two children to use credit cards responsibly... Pay off in full, etc, to generate good history. It's paid off. At quite young ages, they have both obtained loans for cars, mortgage and their credit card limits are through the roof. Personally, I have shifted debt around a lot on credit cards (even financed a house purchase once at 0% 😉) and I've only ever been refused a credit card once, sorry twice by the same company, over many years. They must have something very different in their lending criteria. You're a tight one, Mr Branson.
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GSMGuy v Capital One


GSMGuy
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Done a DPA for my C/Card account with them... Looks like about £200 in charges over the last 12 months! Mostly for the payment cheque arriving a day or so late - so they say, how can they actually prove it was late?? I bet they let therir mail sit unopened in sacks for a couple of days, and then open and log it all as late!

 

Mike

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  • 1 month later...

Update - Finally got a LARGE special delivery envelope - Totted up the charges over 12 months I have had the card... Bang on £200 - also got a seperate letter advising that they have reduced their charges to £12, how nice...

 

1st letter in the post today....

 

Mike

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Go get 'em Mike!

 

Barry

Halifax - Won £425.00

American Express - Won £90.00

Woolwich Bank - Won £2280.00

Barclaycard - Won £558.00

Woolwich Bank - New claim for £723.00 entered.

Barclaycard - New claim for £236.00 entered

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  • 1 month later...

Right, got a letter today saying

 

"Thankyou for taking the time....... blah blah....I've reviewed your account, and as a matter of goodwill I've reduced all the charges applied to £12 and refunded £84 to your account...."

 

So they haven't even given me the option of accepting or refusing their offer... Checked online and the £84 has gone in, so fired this back off to them on the fax...

 

" Dear Mr Udy,

 

Thankyou for your letter of 18th Sept received today.

 

In relation to the refund of charges, I am happy to accept the £84 credited to my account as a partial payment of my refund claim, however please note that as a result of a charge added to my account on 09th Sept—My total claim amount is now £212. Therefore after deducting the £84 already refunded, I require a further refund of £128 in order to complete this matter. Please indicate your acceptance to this via fax, email or letter. If I do not hear from you to confirm that this is acceptable, I will assume it is not, and will then send you a Letter Before Action via recorded delivery giving 14 days notice of my intention to issue a claim in the County Court. This will of course incur additional fees to be added to my claim.

 

I would be grateful for confirmation of receipt of this fax, either via email or fax."

 

 

 

Let's see what happens now...

 

 

 

 

 

 

Mike

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  • 3 weeks later...

Ok, reply received today from the wonderful Mr Udy... Basically saying "We've refunded as much as we are going to, and although you have informed us you intend to take action in the County Court, I feel I must remind you of our standard complaints procedure..."

 

Blah blah....

 

So I reckon it's straght to issuing the summons or as I mentioned should I give tham a further 14 days via recorded LBA?

 

Should I amend the particulars of claim to include something like "the defendant has already made a partial refund of the charges, which can only be seen as an admission of their nature as a penalty rather than a justifiable cost....?"

 

Cheers

 

Mike

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  • 3 months later...

Well worte back to Crapital One with an LBA saying I acknowledged their admission that the charges were incorrect by the fact that they have partially refunded them - And that I wanted the rest back - Their reply?? If you wish to issue Court Proceedings, we will respond within the given timescale....

 

So should I run with it and issue?

 

Amount at stake is approx £200

 

Mike

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Hi GSM

 

They will pay out in full eventually, but it does take a court claim to get the result. £200 of your money is in their hands. You will get the court fee back as well. As soon as they acknowledge receipt of the court paperwork they usually pay up.

 

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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  • 2 weeks later...

I like that! Paying the court fee with your Cap One Card!!!! :p

 

Good luck - will be watching with interest as am waiting for my statements from them now.

 

jaxads x

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Excellent use of the credit card. Wish I could do the same if I come to file at court. Only one problem - it is maxed out with all their charges!! Best of luck to you. Keep us updated.

12-03-07 Halifax Received £1800

05-06-07 Halifax II Small Claim Served for £2503

Capital One - Won £768

Halifax Credit Card - Won £756

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Lol.. quite a few people have done that.

 

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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  • 2 years later...

Well received a 3 page response to my request for an original copy of CCA, like Next they have used an "updated" T&C rather than provide a copy of the original ones signed.

 

Card was taken out in 2004 so prior to the changes, are they correct in doing this, or should I be demanding a true signed copy of the ORIGINAL T&C's?

 

Reply letter:

 

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5aqsci.jpg

 

 

k3vlzt.jpg

 

 

 

Advice appreciated...

 

Mike

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Crapone wont send out copies of the original agreement although what they do send probably complies with a s78 request.

 

You could either try the CPR method to get sight of the agreement although this will involve court OR you could try a SAR to see if they send it as part of the reply.

 

Of you could do what a lot of other CAGGERS have done and put the account into dispute until they provide an actual copy of the agreement but they WILL default you and pass you onto debt collection agencies if you stop paying.

 

S.

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Have prev done an SAR with them, over charges, and it wasn't in that bundle, so I don't think they will provide it now.

 

Do we have a template letter for putting an account into dispute over failing to supply the original signed CCA?

 

Mike

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Cant find one in the templates library so try this one...

 

Dear Sirs

 

Account Number:XXXX-XXXX-XXXX-XXXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above request by sending a copy of your companies current Terms and conditions. I must inform you that this is not sufficient to comply with the request and that your company is in default under the act.

 

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement.

 

This breach of the agreement can be demonstrated as follows;

 

As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

I hope this explains why your reply was unacceptable. I await a True copy of my agreement.

 

Yours faithfully

 

I cant find a more suitable one, namely that the document you have sent contains no signatures and therefore is not enforceable save by a court order and in any event is not even a true copy of the alleged original agreement or lines to similar effect.

 

S.

  • Haha 1
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Thanks very much will get it sent to both Next and Capital One!

 

Mike

 

Cool, I've no experience of Next but Crapone will send a feeble explanation as they see it of what constitutes a s78 reply and that they will defend any action you seek to take against them :-D

 

S.

 

P.S. Thanks for the scale Knock :-D

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Cool, I've no experience of Next but Crapone will send a feeble explanation as they see it of what constitutes a s78 reply and that they will defend any action you seek to take against them :-D

 

S.

 

P.S. Thanks for the scale Knock :-D

 

I presume, I should just tell them I am taking none, and neither are they, as their agreement is unenforceable.....

 

;)

 

Mike

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I presume, I should just tell them I am taking none, and neither are they, as their agreement is unenforceable.....

 

;)

 

Mike

 

Got it in one... they'll send you to the naughty step and default you... then its passing along the corridor to the in-house DCA's and if they still get nothing try a few external DCA's.

 

Some people have had this going on for years :-o before it all goes quiet...

 

Stat barred in 6 years :-D

S.

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  • 3 weeks later...

Ooo the anticipation...

 

suspect it'll mention you clearly have a valid executed agreement with ourselves and we will continue pursuing for the outstanding debt... any further correspondence will be noted but not responded to. Go to FOS and get a nothing response if you feel like it :-D

 

S.

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Right - Here we go.....

 

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Page 2

 

5pmlqr.jpg

 

 

What next....

 

He said it's his final reply - So should I send him a letter saying - "Ok, lets get before a judge - Take me to court..."

 

 

Mike

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Right - Here we go.....

 

 

He said it's his final reply - So should I send him a letter saying - "Ok, lets get before a judge - Take me to court..."

 

 

Mike

 

Standard crapone response I'm afraid. If you continue non-payment they'll eventually default you and pass you either to their in-house DCA (room x along the corridor) debitarse or will pass you out to an external DCA. If you read some of the other threads on here for crapone its going to be a case of respond to each DCA with a bemused letter or a CCA request. Usually they'll send it back to crapitalone each time, some may take more than a couple of letters.

 

countdown to stat barred begins....

 

S.

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Hi GSM

 

Well done dont give up I have sent CCA requests to crapone and MBNA and praying every day that the dont send me anything back Only 4 working days to go and then i will default them.

I am following shadow s advice and keep a close eye on your case to get guidance.

 

:D I also have discoverd that if credit companies call you dont confirm the DPA (data Protection Act) details refuse to confirm your date of birth postcode etc and tell them you will only communicate in writing.

I am down from 20 calls to zero calls a day (thanks to shadow)

 

keep us posted Mike

Hussy

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