Checkoutdolly V's Cap1 **WON**

[ukaviator]

Hi Checkoutdolly

 

If you get stuck with the spreadsheet, PM me an email address to send you an attachment. I have a good spreadsheet you could use. Are you going after Contractual Interest?

[ukaviator]

Standard letter most of us have had Checkoutdolly. Send a letter worded as Steven has said. You will probably have to file an N1 with the court before the rest is paid.

[ukaviator]

Ok will do. I am at work so will copy something across when i get in, if not tonight tomorrow.

[ukaviator]

Hi Checkoutdolly

 

Have a look at these POC's you could amend. This is a basic framework to give you a headstart. Don't forget to add in any interest claim on the payments made etc.

 

 

Claim No:

 

 

 

IN THE XXXXXXXXXXXXXCOUNTY COURT

 

 

 

 

 

 

 

BETWEEN: -

 

 

 

 

 

 

NAME -and-

 

 

 

 

 

COMPANY

 

 

 

 

 

 

 

 

_________________________________

 

 

PARTICULARS OF CLAIM

 

 

________________________________

 

 

 

 

 

 

 

 

1. The Claimant opened a Consumer Credit Agreements with [bank/Finance Company] on {Date]. The account/reference number is [number], which was a [fixed sum/rolling credit/whatever] agreement with a total [value/limit] of £xxxxxxxx. This is referred to as the “Agreement”.

 

2. The Agreement included Payment Protection Insurance (“PPI”) which was taken out at the same time.

 

3. The Claimant contends that the PPI relating to the Agreement, was only purchased as a result of pressure and misleading and/or incorrect advice given by the Defendant.

 

4. The Office of Fair Trading states that “PPI protects borrowers' ability to maintain repayments and should help them avoid getting into debt should they be unable to keep up their repayments due to accident, sickness or unemployment.” The Claimant contends that the PPI sold in relation to the Agreement was never capable of meeting those requirements, and that the policy was mis- sold.

 

5. The Claimant contends that the PPI relating to the Agreement was not suitable for purpose because…….. GIVE REASON

 

6. The Claimant believes that a reasonable level of care and skill was not offered to the Claimant by the Manager during the sales process, and that therefore [the company] failed to meet its obligations under the terms of section 13 of the Supply of Goods and Services Act 1982.

 

7. The Claimant contends that the PPI was sold with a view to meeting sales targets and providing bonuses and commission for Managers and staff, rather than to help the Claimant attain a better financial position.

 

8. The Claimant believes that these conflicts of interest put the Managers and Staff in a position where future career path and financial gain were a prime motivator, and because of this the Defendant did not maintain the duty of honesty and care that is a requirement in law, and under the Banking Code, OFT Guidelines and the FSA Handbook.

 

9. The Claimant contends that there should have been a system of supervision and checking in place. The Claimant contends that the very fact that such a system was not in place, or that the system failed to identify the errors, omissions and misrepresentations highlighted elsewhere in these Particulars, should be considered as evidence of a policy of “turning a blind eye” by senior company management whose careers and remuneration are also reliant on bonuses, incentive schemes and sales targets.

 

10. The Claimant asks that the court consider that an “unfair relationship” exists under the terms of section 140A of the Consumer Credit Act 1974. Should the court decide that section 140A does not apply, the Claimant contends that the actions of the Defendant grossly contravene ordinary principles of fair dealing as outlined in section 138 of the act, and therefore the Agreement should be ruled as an “extortionate credit bargain”.

 

11. In considering this, and all matters in this claim, the Claimant asks the court to take into account the following Principles of Business which are legally binding on [the company], under the Financial Services & Markets Act 2000, and are contained in the FSA Handbook:

 

Principle 1Integrity - A firm must conduct its business with integrity.

 

Principle 2 Skill, care and diligence - A firm must conduct its business with due skill, care and diligence.

 

Principle 3 Management and control - A firm must take reasonable care to organise and control its affairs responsibly and effectively, with adequate risk management systems.

 

Principle 5 Market conduct - A firm must observe proper standards of market conduct.

 

Principle 6 Customers' interests - A firm must pay due regard to the interests of its customers and treat them fairly.

 

Principle 7 Communications with clients - A firm must pay due regard to the information needs of its clients, and communicate information to them in a way which is clear, fair and not misleading.

 

Principle 8 Conflicts of interest - A firm must manage conflicts of interest fairly, both between itself and its customers and between a customer and another client.

 

Principle 9 Customers: relationships of trust - A firm must take reasonable care to ensure the suitability of its advice and discretionary decisions for any customer who is entitled to rely upon its judgment.

 

12. The Claimant contends that the Defendant has been given ample opportunity to seek a resolution to the matters raised in this claim, and their outright refusal to even enter into discussions is a clear breach of the Financial Services & Markets Act 2000.

 

13. The Claimant will also cite the voluntary codes to which [the company], has agreed to be bound, and which support the view that a fiduciary responsibility can be assumed in a Defendant /Claimant relationship, and that any breach of that assumed level of trust should be regarded as an extremely serious matter.

 

14. The Claimant will contend that the promotional material produced by [the company], and the Defendant, give great prominence and emphasis to their integrity and commitment to customer service. Again, the Claimant would contend that where this expensively portrayed image of professional integrity proves to be otherwise, the perpetrator should be held to account.

 

15. The Claimant seeks damages and other sums, as listed below, against the Defendant under Common Law, and/or section 2 of the Misrepresentation Act 1967, and/or section 140B of the Consumer Credit Act 1974:

List all amounts claimed and don’t forget section 69 interest.

 

16. Should the contention of the Claimant that an “unfair relationship” exists under the terms of section 140A of the Consumer Credit Act 1974, the Claimant also asks that the court consider using its powers under section 140B(1)© of the Act to ……. whatever you want to achieve

 

17. Should the contention of the Claimant that an “extortionate credit bargain” exists under the terms of section 138 of the Consumer Credit Act 1974, the Claimant also asks that the court consider using its powers under section 139 of the Act to ……. whatever you want to achieve

 

The Claimant believes that the facts stated in these Particulars of Claim are true.

 

Signed:

 

Date:

[ukaviator]

That does sound a bit dodgy to me. Have they paid back all of the charges yet?

[ukaviator]

Yes you can go that route. I would get their complaint letter ready on the FOS website. If you have shown quite clearly that the application tick has'nt been done, then Capital One have to pay it all back. They have no record otherwise.

[ukaviator]

They should do, it's been this way for some time..

[ukaviator]

You wouldn't believe the workload and pressure i'm under at the moment. I still try and find time to come here and help out. So much going on, and not enough hours in the day.

[ukaviator]

Great news Checkoutdolly. I am pleased you have sorted it all out.

 

Are you going to close the account now?

 

The reason i ask it they seem to push up your interest about 3 months later stating it's market conditions.