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StokiePotter vs Capital One (Old Acc) ***WON***


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Just the wait now, it's the same process most of us on the Capital One threads have had, not long now..

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 dont know why but I'm a bit anxious about this part...

 

 

 

Silly question, as I know it's probably different for each case but am I looking at 27 days before I get a letter off them or am I best getting my pack ready for court "Just in case". Plus I see numerous people are having a nighmare with the removal of a judgement?!

 

Blimmin'eck and here was me going in guns a blazing and thinking this'd be a walk in the park :D

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Im just thinking to myself now "what pack" :D

 

I presume this will be all the letters that I have sent to Capital One, along with a copy of their terms etc.... (I took my account out in Oct 2004 and dont have them to hand :()

 

Just checked through the printouts they sent me and really there is no way that I can ascertain what purchases I made etc, the only thing I can say is that it was the buildup of "unlawful" charges that led me into the position where I struggled to keep on top of the card in the first place :mad:

 

All I can say is "Lesson Learnt!" ;)

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As Michael Winner says in the insurance ad, "Calm down dear"

 

You should get a response very shortly. This has been the way they do things. Been like this for around 2 years now. Just the wait . .

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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lol I hope so... could do with the extra pennies ;)

 

Im suprised I aint heard owt off CapQuest to be honest, I presume Crap1 will "clear" any debt they have sold to them and then refund me the difference via a cheque?, also havinastella (cracking username btw) did you have a default to remove? and if so was it a pain to get sorted?

 

Ive noticed also that the letter I received the other day actually says "Loxley House" and not the corrispondence address that I thought it would be re-Trent House?! Is this the norm?!?!

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  • 2 weeks later...

The mrs has just rang me to say we have received a letter off Crap One saying the usual,

 

"The Charges are not unlawful blah blah blah and we will refund you the full amount (minus monies owed) and will pay it within 21 days...."

 

No mention of the removal of Judgement though, I will obviously accept the amount but only as part of my filed court claim as I requested the removal of default also...

 

Anybody point me in the direction of which letter I need to send to re-itterate that I will not stop proceedings until the judgment is settled :-/

 

Once again "Thankyou" for all of your advice on this wonderful site and hopefully I will stick around to help other people to claim what is rightfully theirs ;) plus I will make a donation once my cheque arrives and clears :)

 

** Please dont mark as WON until I finally get the default removed ;) **

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:eek:

 

Blimmin'eck!!! That was quick....

 

My cheque arrived yesterday :rolleyes: Now obviously I do not want to pop it into the bank until I have replied to Crap1 to inform them that I am continuing action, until they agree to remove the default.

 

"Result!!" 8)

Edited by StokiePotter
To Celebrate that Ive now done 100 posts :D
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Stick with the court action, C1 are STILL coming after me despite a Notice of Discontinuance lodged with the court by their Hamptons solicitors. I am writing to the Court Manager asking for a rehearing as they have breached the notice on more than one occasion and clearly state in a letter that they don't know they have already taken me to court and lost! I am also going for Hamptons as they haven't don their job properly either...

 

C1 would have one hell of a legal bill if every claim they made had to be properly represented, as stated before I think this should be the way forward now for any court case from a large organisation, they HAVE to have a solicitor present or the claim is automatically discontinued, not taken to 'judgement in default for claimant'.

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I am just about to print off the follwoing to send to Crap1.... Could somebody run their eye over it to see if it would suffice?!?

 

XXXXX

XXXXXX

 

 

Legal Compliance Specialist

Capital One Bank (Europe) plc

Trent House

Station street

Nottingham

NG2 3HX

 

8th September 2008

 

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: XXXX XXXX XXXX XXXX

CLAIM NUMBER: XXXXXXXX

 

Thankyou for your letter dated September 2nd 2008 and also the enclosed cheque of £239.61, which will be accepted as partial settlement of the claim.

 

Whilst I appreciate the refund of charges you will note that my filed claim also requested removal of any defaults that were issued to my account (see below).

 

20. The Claimant also request’s the removal of any prejudicial information which the Defendant (Capital One Bank plc) has passed on to third parties in relation to the Account with any credit reference agency.

The passing of personal data to third parties relates wholly to the implementation by the defendant bank of charges which have been applied to my account in respect of contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by the bank as a consequence of the said breaches are contrary to The Common Law.

The Claimant’s request is made under the Data Protection Act 1998; section 14, which gives the power to the Court to order the removal of inaccurate personal data.

 

Upon your agreement to remove any such information, I will contact the court to confirm that the matter is settled to a satisfactory outcome, in the meantime I will continue proceedings accordingly.

 

Yours faithfully,

 

Thankyou ;)

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WHAT THE HELL?!?!?!?

 

Ive just signed up for Experian Credit Expert to check on my status and score, to find that I now have 2 defaults issues against me re-Capital One/Capquest!

 

The annoying thing about it is, the most recent has been added by Crap One on the 31st August 2008! The Capquest one was added on the 20th January 2006 :-o

 

Obviously the account was in dispute with the courts on the 31st August so have CrapOne flaunted the rules by adding this default whilst it was in limbo!!

 

I am now also considering counter-claiming against CrapOne for the Default that was issued by Capquest... obvioulsy over the past few years I have been refused for credit on numerous occassions and when it has come to renewing my mortgage etc, Im sure this "Unlawful" default would have pushed up my interest rate!? Is this something that can be done?

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Counter claim against them for abuse of process and defamation of character. They are taking liberties, you should only have one default served per debt, so the original one should stay. All they are trying to do is spin out the time they can chase you on, if that second default stays the debt will stay on your file for 6 years, ie until 31st August 2012, the first default from January 2006 should aslo be queried if the debt was in dispute.

 

The CRAs must really be getting a lot of correspondence about dodgy processing now and must be getting worried. I think their days as a closed shop may be numbered and a government minister appointed as their overall boss... for impartiality reasons.... they have NEVER been impartial and only want to record NEGATIVE info, even if you have had an account work perfectly for years, closed it they tend to 'loose' the record early....

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Well Ive got every intention of ensuring any marks that have gone onto my file which have been a result of their "Unlawful" Charges are removed :-) this includes anything to do with them aka the default issued c/o Capquest.

 

Maybe the counter-claiming will be a long drawn out process and if Im honest I have no real way of proving exactly how the default has affected me financially over the years.

 

Cant wait till I can wipe my hands clear of the whole thing!

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MARK AS WON "PLEASE"

 

Received a letter from Crap1 yesterday to inform me that my default should be removed from my file within 4 weeks (this was requested when my cheque was sent "apparently")

 

I also rang Experian and explained that CapQuest have also got a default on my file to which I was told they would send both Crap1 & CapQuest a fax to get both entries ammended so.....

 

My claim was for £503 (inc £45 court fee)

£263 paid to Capquest to clear "Arrears"

£240 cheque sent to me to clear the rest ;-)

 

The default removal was also fairly straight forward (which suprised me after reading various posts on here)

 

Will donate as soon as the cheque has cleared ;-)

 

Thanks again for all advice & pointers :D

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