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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Are CapitalOne really this stupid?


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the best way to stop the stupid calls from cap 1 is to tell them that for your own security you are recording the call they dont like it they ask you not to record it. if you say you are they are not prepared to speak to you.

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You could always sue them i did and it has worked NO cap one card THEY paid the alleged debt and they stopped phoning.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 3 months later...
  • 2 months later...

I have just spent a while reading through this entertaining thread, I tip my hat to ZW for some wonderful responses to the enemy!

You are empowering the people with your words, long may it continue.

I am just about to post out some CCA's in the morn, reading this thread made me smile :)

Battles Completed : Balance/Settled

 

American Express/Westminsters : £3660 £1280

Lloyds TSB Current Account £500 £177

Lloyds C Card £5600 £1960

Lloyds C Card £15000 £5528

Lloyds Loan £8779 £3072

Lloyds Loan £2505 £876

Lloyds Loan £11000 £4800

 

Currently fighting = AA Credit Card & Loan, a rip off "H.I.P payment" and I have now stopped paying the BBC license fee.

:)*Dont let them grind you down*:)

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well i think the saying goes no news is good news.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 4 weeks later...

Hello ZW and all,

 

A most excellent thread and ZW I salute you! Very empowering stuff (and a few giggles along the way) :p

 

Your first scanned letter in this thread was I think April 2008, role forward to August 2009 and MJC making first tentative steps on the road back from the dark debt mountain with CCA requests including Cap 1 and I have recieved exactly the same as you (but with my own details on it) for an account opened in excess of five years ago when I was at a different address (I have also repaid the original amount owed several times and not claimed any charges). Long way to go but this one I will be challenging... :)

MJC 007.5 :cool:

 

Advice or opinions offered by mjc 007.5 are personal, offered in good faith and without prejudice or liability. Your decisions and actions are your own and should you be in any doubt then please seek the opinion of a fully qualified and insured professional

 

:) If you think I have helped you please feel free to click on my scales :)

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Why thank you kind sir (or madam) I haven't heard a squeak from Capital One for some time now, if I ever do it will be posted here :razz:

Hi ZW

Same here! :p

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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  • 1 month later...

Hi Zazen Warrior!

Just when you thought you were going to be able to retire your printer from Crap one disputes! LOL, They setting Lowells on quite a few crap one fans ,I wonder if i will be getting one of their missives!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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I emailed the above to [email protected] and have received a response:

 

 

'Thank you for your e-mail.

 

We are currently looking into your enquiry and will respond to you as soon as possible. Please be assured we will try to answer and resolve your query at our earliest convenience.

 

Unfortunately I am unable to give you an exact date as to when this will be as our enquiries can take time, as we often have to retrieve information from the original client or external bodies.

 

What I can guarantee is that your enquiry is being dealt with and you have no need to e-mail again.

 

If you want to speak to someone in our Customer Service team then please do not hesitate to call on 0844 844 4716'

 

 

Doesn't sound very professional does it?

 

I like that bit - it sounds like they wanted to add 'please' onto the end of it:D

Time flies like an arrow...

Fruit flies like a banana.

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its got to be silly season again or is it crap ones "end of year"

i got one yesterday as well

have you noticed the change in the leeds loosers letterheads

theyve now added at the bottom of the page that they now have there own independant complaints dept and that any such complaints should be addressed to them (bet desk 5 is up to the eyes in letters)

they further add that after theyve tried to resolve the matter you MAY be entitled to refer your complaint to FOS

what a load of gentlemen who repair shoes

me thinks its just another stalling tactic and another attempt to stop us complaining to fsa fos and trading standards who i spoke to yesterday and they had a bit of a chuckle at the complaints section.

i would be carefull e-mailing leeds as they brag on the web site that they

now use the most up to date data miners allowed.

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i would be carefull e-mailing leeds as they brag on the web site that they

now use the most up to date data miners allowed.

 

Anyone emailing banks/solicitors/dca's should always use a "disposable" email address... i.e. one you can do without as its compromised as soon as you pass to one of these companies.

 

S.

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Hi Zazenwarrior!

Looking forward to some more entertainment on this thread now you taking on the Leeds looser!:D Crapital One seem to be passing loads of their duff accounts on to these Loosers,I am begginning to feel a bit left out.! LOL !All i can say is must have uspst Ellie pretty bad as she seems reluctant to set any pondfeeder son me,! but i cannot beleive this will go on! LOL !Now i said this i expect there will be letter from Lowells plopping through my letter box today!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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in my earlier post on this topic i stated that i had received 2 letters in the same envelope.

1 from lowell saying they had purchased the debt and the second purportedly from cap 1 stating they had sold the debt despite the account being in dispute for over a year and the usual letters requesting docs etc (none of wich have been supplied)

it is very noticeable that the letter from cap one had actually cpme from lowells, as it had their little square logo on it.

i remember suggesting this was fraud but was advised by a fellow member that this was common practise that an o/c would supply letter heads to a dca to enable them to carry out this practise.

im totally p--d off with lowels got one the other day as did zzwarrior

ive been having a look at archbolds (up to date) friend works for barristers chambers.

have a look at the FORGERY AND COUNTERFEITING ACT 1981 its available on line.

this covers in my opinion what lowells are up to and incidentally could make crap one complicit in the offence.

your views would be very much appreciated

west yorks t/s rang my yesterday some very interesting comments re the leeds loosers addition to their letters re complaints procedure. they wanted to know if it was between red and hamptons desks

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