cRap one versus wee me HELP!!!!!!!!

[manu24]

hey people...i've been crap...kinda got scared and fell to the way side...last year...i sent the lba in june...then printed the court documents...but never sent them...just afraid of what would happen. but reading on here again...its kinda like they took the money from me pocket...and if someone did it on the street you'd chase them for miles! hehe

 

do you think i should send them now and get the ball rolling again...or start from the start again. i've lost track of this completely. i hope some one can help me here...would really love to get this back on track. have i left it too late?

 

please help me and let me know what should i do!?

[steven4064]

Have there been any more charges since the last LBA? If so, I would send a nrew one with the additional charges on and give them 14 days before taking them to court. If not, it still might be worth sending a copy of the old one with, perhaps, a 7 day deadline - just to show you are being reasonable.

 

You haven't left it too late - you are working to your timescales.

[manu24]

my accounts been closed for some time so no new charges...so...i'll send

 

 

LETTER BEFORE ACTION

 

 

Dear Sir/Madam,

 

CARD/ACCOUNT NUMBER: xxxxxx

 

I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations.

 

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.

 

I calculate that you have taken £1,092.00 plus £296.16 which you have charged me in interest for the sums which you have taken. Total £1,388.16

Additionally, you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you, or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

I require repayment in full of this money and removal of the default notice. If you do not comply fully within 7 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

 

Yours faithfully,

????

 

cheers for getting back to me

[ammani]

Hello manu24, you will have to keep on at them, as they will drag it on till the last moment, and threaten to defend, they did with me. I had a court hearing to day, and they tried to settle before hand, but i pushed it into court. They will send you a cheque saying they will remove the default, do not cash the cheque until they do. I sent mine back as they told me they had removed the default, when they hadnt. I also claimed for damages which i was awarded. Read my thread it might help you, and good luck.

[WendyB]

As above, send them another LBA then file N1 at Court. keep the charges and default claim together. They'll probably cough up with the charges quite quickly but don't accept till they agree to remove the default as well. Might take a bit longe but you will get there in the end. Have a look at Alphageeks thread, also MKAndy's. There's quite a few on here that have gone for the default removal and won in the end. They won't pay Ci but will probably pay back all purchase interest. Although their calcualtions are very weird and wonderful, its usually sort of the same amount. Ish.

[steven4064]

What Wendy says is important - do not settle the money part without the default removal.

[manu24]

Brilliant people..thankyou very much for the posts back...i'll get that away now and look forward to next week when i send the n1 form away...im going to follow through this time. thank you again.

[manu24]

hello people...

 

so i got a reply today, so i'll type it below (feccin scanners broke).

 

dear mr me,

 

account no. (big number here)

 

thank you for taking time to write to us about the fees we've added to your account. I understand you think these fees are unlawful and i'm sorry you feel we've treated you unfairly.

 

I wrote to you in May 2007 to offer a refund of the fees totalling £408.

 

My offer of £408 is still open to you. I won't be increasing this, as it is my final offer. I have included a new statement dorm for you to sign and return if you accept my offer. Once i get it back i'll you a cheque for this amount.

 

As I've already explained, we're confident our fees are both fair and legal and I'm disappointed to hear you're considering court action. The OFT hasn't told us that we're obliged to refund any fees, we've offered redunds as a gesture of goodwill. I'm afraid i won't be refunding all of the fees as you've asked.

 

I've reviewed your account to check the accuracy of the information reported to the credit reference agencies. All the information we sent them is correct, which means that i can't authorise any amendments. We have a legal obligation to report a true reflection of the way your account is run to the agencies.

 

Financial regulations require me to advise you that this is my final response in relation to this matter. However, you now have the option to contact the Financial Ombudsman Service within six months from the date of this letter. Their contact details are in our complaints leaflet, which i included with my last letter.

 

 

Continued...

 

Again i look forward to receiving your signed settlement form so we can this behind us and save the court's valuable time.

 

(please note, calls to the 0845 number at the top of this letter will be charged at a local rate. The cost will vary depending on your service provider. Calls may be recorded/monitored for training purposes)

 

Yours sincerely

 

Ellie Renshaw

Executive Office Manager

[manu24]

ok so this is the part i got scared the last time...

 

so to let ye's know i'm from n.ireland. will this make a difference?

do i now send the letter to the courts...the n1 forms.

is it just a case of sending three copies to the court.

and reading ammani's posts, 300 file on the case in court. how did it get to that size?????

 

i'm seriously in need of help peoples...scared again...but want to keep going

[steven4064]

How much is the total claim? NI is different to England and Wales, but I think only in the limit for the small claims track - otherwise the process is essentially the same. There are quite a few NI threads - use the search facility and you will find some.

[manu24]

its about £1400?

i'll look to those cases aswell now

[mkandy]

I'm not sure about the process for claims in NI, but if it's the same just go for it.

 

Capital One will not be going to court, that's for sure. Hold out for the default, it is possible to have it removed, despite what they say.

[ammani]

Hi Manu24, dont worry, Capital One will never defend. My court bundle was so big, because of all the letters sent backwards and forwards and all my statements. I also included other paperwork that i thought would help my case. You can find notes on the court bundle in the templates library. At the moment you dont need to worry about that. Just get your Ni forms done and send them to the court. Also if your on any kind of benefits you can claim a fee remission, the form is EX160 i think. It will take about 2 weeks from putting forms in the court to them being processed, as most courts have a few weeks backlog because of all the claims going in. Good luck.

[ukaviator]

There is a list of County Courts in NI you can use here:

 

Northern Ireland Court Service

 

You need to fill in Form 125. Your claim limit would be £2000.

 

Fill in the Form as follows

 

Claimant: Your name. Your address

 

Defendant (s): You bank’s name. Head Office Address

 

Brief details of claim: The claimant wishes to claim back money taken from his/her account in relation to penalty charges etc

 

Value: Leave this blank

 

Defendant Name and address: Your bank’s name. Head Office Address

Amount Claimed: Total amount you are claiming.

Court Fee: Leave blank

 

Solicitors costs: Leave blank

 

Tick “NO” for Human rights question

 

You should supply three copies of the claim form to the issuing court. If there are additional defendants you should send a form for each one.

 

You will have to pay the court fee up front.

 

Court staff will check that everything is in order. If it is, the claim will be given a number and served.

[manu24]

There is a list of County Courts in NI you can use here:

 

Northern Ireland Court Service

 

You need to fill in Form 125. Your claim limit would be £2000.

 

Fill in the Form as follows

 

Claimant: Your name. Your address

 

Defendant (s): You bank’s name. Head Office Address

 

Brief details of claim: The claimant wishes to claim back money taken from his/her account in relation to penalty charges etc

 

Value: Leave this blank

 

Defendant Name and address: Your bank’s name. Head Office Address

 

Amount Claimed: Total amount you are claiming.

 

Court Fee: Leave blank

 

Solicitors costs: Leave blank

 

Tick “NO” for Human rights question

 

You should supply three copies of the claim form to the issuing court. If there are additional defendants you should send a form for each one.

 

You will have to pay the court fee up front.

 

Court staff will check that everything is in order. If it is, the claim will be given a number and served.

 

 

Form 125, can i just pick that up at the court?

 

sorry for the delayed reply wee sis was in the hospital there for a while with a scare so everything else was put on the back burner...not good fun.

 

people thankyou sooo much for helping me out...im going to follow this through grrrr arrrrrrrrrgh!!

[manu24]

hey people?

 

does anyone know where i can find "form 125"???????

[steven4064]

hey people?

 

does anyone know where i can find "form 125"???????

Here

[manu24]

brilliant steven thankyou very much

 

ok ok...just doing this now...

 

one question

 

in the POC (http://www.consumeractiongroup.co.uk/forum/show-post/post-1191734.html)

 

for cRapital one

 

it states the terms and conditions as of oc 2007...do i include this even though i closed my account in aug 2005.

 

slowly but surely im getting there people..."it will be mine, oh yes it will be mine"

[manu24]

ok just reading over this then...ammm...me heads spinning (thinking about that song...you spin me right round baby right round like a record player right round right round haha:o :grin: )

 

 

UKaviator, send about sending in form 125, thankyou steven for the link to that...

 

does that mean i just send that and not an N1 form or do i send both in??

 

bloody b*ullocks, as you can tell i would make a fantastic lawyer. anyone needing legal representation contact me on 0800 your going to lose

[ukaviator]

Manu

 

Where it says:

 

"Please describe in simple terms details of your claim"...put what is in the quotes here:

 

The claimant wishes to claim back money taken from his/her account in relation to penalty charges from between [enter date of first charge] up to and including [enter date of last charge]. Please refer to full details of Particulars of Claim as attached.

 

Alter the full version POC to suit your personal details.

 

Attachment A: The Data Protection Access letter you sent to the bank.

 

Attachment B: A copy of your spreadsheet (with interest).

 

Attachment C: The 14 day LBA you sent the bank and any response you got from them.

 

You are entitled to add the court fee and interest to the amount you are claiming. The claim form must be signed by you or by someone authorised to sign for you,use black ink and write in capitals.

 

You must give the title and full name of yourself and the defendent, and the full postal address of all parties involved in the claim.

 

Attach the full POC, Attachments A,B & C to Form 125.

 

The Court staff will check that everything is in order. If it is, the claim will be given a number and served.

[manu24]

ukaviator...your a star turn. whatever that is...a star that turns i suppose hehe. really thankyou very much. i'll take this over tomorrow. the ball has officially began rolling again people! wooohoooo