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    • Spoke to my SIL a short while ago Andy and he had the following to say.....     No, he had left their employment by this time, in fact he left January of this year.     August 2013 up until January 2020     Yes, in fact he had a staff MORE card.     He laughed and said "Hell Yes" This even extended to the pubs deputy manageress whom he described as the worst offender and knew that my SIL was doing it as well as other staff members.   There is a story here....   He told me that after he had left, the company fraud guys came in to do an audit with her unofficially being the main target. He has an idea that she may well have been caught with her hand in the till and so she sang like a canary to save her own arse.
    • this is what shell have just sent me in email, confirming mistakes were made it the final response / deadlock letter, they are only telling me this now, 6 months after the deadlock letter was sent to me and long after court action started   please is the actual deadlock letter binding, or can they just noll and void it like this?   Thank you for taking the time to speak with me this evening regarding your account. As agreed, I am emailing you with the details of what was discussed during our phone call so you have a copy in writing. I advised that you previously had an account with Shell Energy (formerly First Utility) for property  and this has an outstanding debit balance of £187.24. However, due to the age of the account and when the invoice was produced on this account, this balance is being cleared. This balance will be cleared within 10 working days and the account will be closed at a zero balance. In regards to account  I advised that back billing credit of £630.45 that was applied in April 2020 was applied in error and was later withdrawn. I explained that the reason it was applied in error is because the back billing period this amount was calculated for, is the same period that the back billing was previously calculated for and a credit applied to the account in February 2017, with the amount of £1192.32 being applied to the energy account. I advised that at the time the deadlock letter was written, the information within this letter was accurate based on the account at that point. After receiving the deadlock letter, you then escalated your case to the Ombudsman. It was at this point, an agent investigated your case and realised that the back billing credit of £630.45 was applied in error. This was addressed within the Ombudsman's findings in writing and they confirmed that the £630.45 was an error and it is correct in being removed, leaving the account balance at £644.48 which is valid and liable to be paid. I appreciate that you have advised the Ombudsman case is null and void as you did not accept their decision and you are right in saying that the actual final decision that they issued was non-binding upon Shell Energy. However, this does not change the outcome of their findings or the fact that the back billing credit of £630.45 was not due to the account. You queried if our call was recorded as you would need it for a judge, to which I confirmed it was recorded. If you want me to raise a SAR for a copy of this call recording, please do not hesitate to reply directly to this email and let me know and I can arrange this for you. I advised that as your case has now been escalated to Shakespeare, legal fees have now been incurred. I advised of the breakdown of these fees: Legal representative cost £70 , Court fee £60 and interest £146.06. I also confirmed that these legal fees were on top of the account debit balance, resulting in an overall balance of £920.54. As discussed, due to the case now being with Shakespeare, I am unable to offer any settlement figure internally. However, I can arrange for Shakespeare to call you directly to discuss your account and options available. You queried if they would be able offer/discuss a settlement figure/payment plan, to which I confirmed that I could not comment on this as I do not know their process, however they will be able to discuss the options in more detail with you directly. As agreed, I will arrange for Shakespeare to call you tomorrow; Friday 27th November 2020. If they are unable to get hold of you, they should be able to leave a voicemail for you. During our call, you also queried who would appear in court to represent Shell, whether it would be a member of staff directly from Shell or whether it would be a representative from Shakespeare on our behalf. I have gone away and spoken to our legal team who have confirmed that it would be Shakespeare who would lead with a representative on behalf of Shell. I hope the information in this email clarifies our position. As advised within our phone call, I am genuinely sorry for the shortfalls you have experienced and I fully appreciate the frustration this has caused. As above, if you would like to request a copy of our call recoding from today, please not hesitate to let me know and I can raise a SAR for this. You can reply directly to this email or you can call on 0330 094 9158. Our lines are open Monday to Friday, 9:00am to 6:00pm. Please note that my working days are Wednesday to Friday each week. Yours sincerely,  
    • Every year the chancellor doles out billions of pounds of taxpayer money, but where does it go? View the full article
    • Amigo has posted a statutory loss before tax of £62.6m, for the six-month period ending 30 September, after reporting a profit of £42.3m for the previous half-year View the full article
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Davey77 vs Capital One *** WON ***


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Thanks jezzy. Nice of you to say.

 

If you give me a list of names of all your creditors i'll show you the links to the correct forum to post in and how to get started.

 

Pm me if you need help with that. ;)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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:Dhiya Davey

 

VERY WELL DONE,,,,,

 

it shows what a bit more of a perserverance habit does for ya,,,lol

 

hope them chillies are growing okay

 

glad you have got this one dusted more of the same i hope now

 

take care going to play catch up not been on since last week

 

take care laters angel x8)

Im happy to help with support and my own thoughts, but 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.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Thanks Gaz and Angel! ;) More of the same to come eh! Determined to achieve my mission of being debt free before the year is out. :)

 

Yes 49 chilli plants, 28 peppers, coriander seeds, tomato, courgette, spring onions and lettuce doing nicely!

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Thanks Davey77

Decided to write it all down here instead of PM - so here is a quick rundown of our situation :

Myself - now on long term sick with chronic health condition (Myalgic Encephalomyelitis (M.E.))after having to close down both my businesses in Dec 07. Unlikely to return to work . Have 4 children aged 9 -16 yrs. In receipt of IB only + child benefit.

Husband - previously self emplyed upto end Aug 08. With economic climate unable to find more work and therefore unemplyed from Sept - mid Dec 08 during which time all business & personal finances were unpaid as he was in receipt of of JSA only . Now in permanent job rather than self emplyed .

We have had dealings with the CCCS who have guided us and prepared a financlal statement which has been forwarded onto all utilty & financial companies . We have many creditors some of whom have accepted

arrangements with zero interest and charges - good on them , but others are a real worry .

We now find ourselves in a stuation whereby our income has dropped by half and we can no longer pay our outstanding commitments as outgoings exceed income by approx £3000 per month . We are in a no-win situation.

Arrangements have been made with our mortgage providers (x2) and at present these remain priority , however we are still in a huge amount of arrears . At present I cannot see a way forward and would be grateful for any advice .

 

Here are the main causes of the sleepless nights .

 

1. Hitachi Capital - trying to gain charging order on property - we have just asked for transfer from Leeds county court to a more local one (cardiff maybe ) .Have also received B136 from Land Registry re: the same. This seemed like it was pre-determined from the outset as Hitachi- would never accept reduced payments (after husband lost his job) and we could not get /had no contact with solicitor acting on their behalf . (wouldnt answer our calls etc ) .The solicitors were Addlestone Keane solicitors .This debt is in fact for business/office equipment but agreement failed to have business name on it - so now it is solely in my husbands name . We have given a financial statement and asked filed an applic`n for suspension of warrant/variation order . Lots more info available as needed .

 

2. GE.Money / Link Financial - this is an unsecured personal debt (joint) . Many errors made by GE along the way all of which have been noted , in dealing with our situation ( loss of earnings Aug-Dec 09 ) . Debt was sold to LINK back in january . We defended part of the claim as we disagreed with most of the charges added during this time - and now have an N152 to complete as a result . In the meantime LINK have sent two different sets of papers offering a Tomlin order (both with differing amounts - but one more affordable than the other !) - the court have no info about them doing this either . I have catalogued the dealings with link and find them unwilling to help or even understand what we`ve told them . Do I try and pay the Tomlin order somehow or let the court decide ?? The amount of the debt is £4100 with charges by the way (£3400 approx. without ) .If I try and pay then others will have to go without and we`ll proabbaly end up having out gas or electric cut off !!

 

3.Inland Revenue/Tax credits - have managed to hold them off each time a letter arrives but eventually they will want payment . I have had awful trouble getting them to deal with our self-emplyed earnings correctly and each time I correct them they get it wrong again . as a result we now have an o/pmt of over £3000 dating back to 2002/3 and one of £2000 from current year . None of their calculations make sense and we cannot it seems qualify for anything based on my husbands current wages until april 2010 as they work retrospectively .

 

The whole thing is making my illness unbearable so some glimmer of hope would be appreciated . I totally agree this is a long post - thanks if you`ve got this far ! Feel free to move it to an appropriate place as necessary .

 

Cheers .

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Hi Jezzy.

 

Sorry to hear about your illness. I know it seems like it's all happening at once but I've seen people get out of worse pickles.

 

A lot of the issues you have raised i am not that familiar with personally so would be my opinion only and you need concrete facts and help, but for a start i would ask the obvious:

 

Have you contacted National Debtline or the CAB for help and advice.

 

Have you requested the Credit/Loan agreement under the CCA1974 for any of your accounts?

 

Seems like you have some charges making up some of the debt there. If they are non-bank overdraft charges then you can reclaim those. Have you looked at that aspect to reduce the debt?

 

Can you (have you) been to your Dr for a letter stating that these issues/worries and contributing to your health problems. If your Dr is sympathetic and you can get that it won't make creditors treat you respectfully in an instant but it may prove useful.

 

If either of you are in receipt of the following you may be entitled to Legal Aid and could get a Solicitor fighting your cause for you:

 

  • Income Support
  • Income Based Job Seeker's Allowance
  • Income-based Employment and Support Allowance
  • Guarantee Credit

I would first off, start new threads in the Legal Issues forum (by clicking "new thread" button top left of the page )for the Hitachi and GE Money/Link issues:

Legal Issues - The Consumer Forums

 

Title your 2 threads:

 

"Hitachi Capital Charging Order"

 

&

 

"GE Money/Link Tomlin Order"

 

For the Tax issues start a new thread in this forum in the same way:

Benefits, Tax Credits and Minimum Wage - The Consumer Forums

 

Title it:

 

"Inland Revenue/Tax Credits Help!"

 

I see you have started a thread and begun.. don't worry you can start others.. they can be merged into one later.

 

Sorry i can't offer an instant fix but this will get you noticed by people with the same issues in those forums and there are plenty of knowledgeable people about that will soon start to help im sure.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Congrats on your 5000th post CB. (I'm catching you up!)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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  • 4 weeks later...

Got this out of the blue today. These people are so dumb it's amazing. I asked for this 5 month ago. Ah well, has the account number too. Done and dusted:

 

1stMay.jpg

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Congrats on your 5000th post CB. (I'm catching you up!)

 

Methinks you are going to have to run a bit faster Davey :p

 

BTW, I got a copy of that book, thanks :D It is interesting to note that with the postage it cost me £7.00.. that is £1.00 for each 1lb lost:lol:

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Methinks you are going to have to run a bit faster Davey :p

 

BTW, I got a copy of that book, thanks :D It is interesting to note that with the postage it cost me £7.00.. that is £1.00 for each 1lb lost:lol:

 

That's if you lose just the 7Ibs.. i lost 11Ibs in a week second time round with the detox! :)

 

Have fun! :)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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  • 3 weeks later...
Thanks Gaz and Angel! ;) More of the same to come eh! Determined to achieve my mission of being debt free before the year is out. :)

 

Yes 49 chilli plants, 28 peppers, coriander seeds, tomato, courgette, spring onions and lettuce doing nicely!

 

Good news ! :D

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  • 4 weeks later...
:p Phew, just read your whole thread. Took me yearrrsssss. But was well worth it.

 

CONGRATULATIONS!

 

wow thanks for reading the whole thing!

Hope the info contained will prove useful to many to beat this toilet of a company.

 

Cheers D

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Davey

 

Thank you so much for such inspirational posts. I started this process with all our creditors only a couple of months ago, and so far have been receiving exactly the same sorts of letters from capone. Now and again I feel completely overwhelmed by it all, but then I read something like your post and it provides me with renewed vigour and enthusiasm. I guess that their intention is to employ scare tactics to as many people as possible in the hope that you will get so snowed under with it all that you just give in. I am not doing this to be irresponsible - we tried all of the reduced settlements, which they kept agreeing to in every phone call, until they got someone else to call and had to go through the whole thing all over again. It has naturally put tremendous pressure on both of us - and I am fighting the battle as and when I can face it.

 

In hindsight, do you think you would have issued the threat of court action earlier, or should I continue in the same vein you have for a bit longer? I have already done CCA requests, subject access requests, and still they haven't been able to provide anything meaningful, just the same old rubbish about having fulfilled their obligations ...

 

Any advice you can offer will save my bill for hair dye!

 

Many thanks

 

Monkeykiwi

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  • 2 weeks later...
Davey

 

Thank you so much for such inspirational posts. I started this process with all our creditors only a couple of months ago, and so far have been receiving exactly the same sorts of letters from capone. Now and again I feel completely overwhelmed by it all, but then I read something like your post and it provides me with renewed vigour and enthusiasm. I guess that their intention is to employ scare tactics to as many people as possible in the hope that you will get so snowed under with it all that you just give in. I am not doing this to be irresponsible - we tried all of the reduced settlements, which they kept agreeing to in every phone call, until they got someone else to call and had to go through the whole thing all over again. It has naturally put tremendous pressure on both of us - and I am fighting the battle as and when I can face it.

 

In hindsight, do you think you would have issued the threat of court action earlier, or should I continue in the same vein you have for a bit longer? I have already done CCA requests, subject access requests, and still they haven't been able to provide anything meaningful, just the same old rubbish about having fulfilled their obligations ...

 

Any advice you can offer will save my bill for hair dye!

 

Many thanks

 

Monkeykiwi

 

Thanks for the comments MK.

 

In some ways i wish i had started Court Action earlier but in other ways not. Its not the easiest task in the world and it's easier to defend Court Action than it is to go on the offensive.

 

If you are sure your arguments are on a strong basis then i would just stick to telling them to bog off or supply a valid agreement. Get organised, get your letters sent off and try to get them to contradict themselves. Give them enough rope over time and then you will know your position and the strength of your potential case. Just don't expect cap1 (or any creditor for that matter) to roll over. As you have seen, even when they are worried about losing, they leave it until zero hour before calling it a day. But they do give in eventually.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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I am trying to write a book on being in debt.

 

I would appreciate any short comments and peoples experiences in their own words on how debt has effected their health and lives. In particular the stress it causes and what being ignored by Lenders and DCAs when you are trying be responsible has felt like.

 

Only short comments wanted please. Say about 300 word max. No massive letters and i am more interested in the psychological effects and mental state, the frustration and stress that attempts to communicate with creditors has brought, rather than the legal side or section 78 failures etc.

 

I would prefer comments sent via hotmail or yahoo (link on the left of these posts) and not posted on the open forum please and rest assured your name/username will never be quoted. All in strict confidence and for my own use in writing about the subject matter and any information will be changed as to keep any comments i may add to the book as anonymous and not traceable back to any individual in any way.

 

Thanks folks... something may come of it. I may be a rubbish author! If it's not good enough for publication and if i ever finish it i'll post it online for download to try to help those being hounded by the evil doers.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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subscribing.

 

Well done!

 

Thanks!

 

Just to say.. haven't heard a peep out of them (and of course don't expect to either). 8-)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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davey, im not a serious cagger, the sight is massive and fightens me, but your persiverance and determination, must makes everyone who takes the time to read what you have done, realise that we can knock these imoral beggars off their perch's. i am at mom in deep with crap one and have claims against them for much more than i owe, and realise from your endeavours that they only pay out when the courts action is taken . im even more determined now to take that route well done - pb

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Not sure if anyone has seen this;

 

News

 

Dispatches to air debt collection exposé - 10/07/2009

shutterstock_7434271_web_.jpg

 

A Channel 4 Dispatches reporter has gone undercover in a debt collection agency for a programme that will air on 20 July, Credit Today has learned.

 

Presented by Jane Moore, Channel 4 said the programme reveals "some of the tactics deployed to get debtors to pay up, and talks to those unfortunate enough to be on the receiving end of this treatment". Earlier this year, Dispatches reporter Tom Randall got a job as a debt collector inside "one of the UK’s fastest growing agencies".

 

The programme is understood to also focus on the sale of debt portfolios. "Some of the biggest high street businesses are cutting their losses and selling on their bad debts to agencies for as little as sixteen pence in the pound," it said. "Agencies who buy up these debts are entitled to pursue debtors for the full amount. In this multi billion pound industry the stakes are high, and Dispatches reveals the lengths collectors will go to, to recover their debts."

 

Kurt Obermaier, executive director of the Credit Services Association, confirmed that a CSA member had made the trade body aware of the situation. He said the company had the correct policies in place for collections but individual employees may have deviated from them. He was not able to reveal the identity of the agency.

 

Credit Today understands that allegations include collection professionals putting undue pressure on vulnerable debtors, making premature threats of bankruptcy and chasing third parties and statue barred debts.

__________________________________________

I came into this world with nothing and I still have most of it left.

__________________________________________

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Hi Davey

 

Your posts have been a really inspiration to me and I'm sure many others who have read about your case. WELL DONE!!

 

I am in the process of 'dealing' with Capitol One and I am at the stage where I need to threaten them with legal action. I have sent them a CPR request which they have ignored apart from a letter stating that they have copied. I have a question for you that I could not work out the outcome from the threads. Its to do with the following from one of your letter to Capitol 1

 

''I therefore require a full refund of all payments made to you in the mistaken belief that a valid and enforceable agreement existed. I have calculated this figure to be £***p and I have enclosed a schedule setting out the details of my claim. I have also included statutory interest at the rate of 8% per annum from the date of each payment, and so require settlement in the total sum of £***. ''

 

Did you have any luck with claiming back any of the above?

Thanks GM

Edited by Gimme Money
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Hi Davey

 

Your posts have been a really inspiration to me and I'm sure many others who have read about your case. WELL DONE!!

 

I am in the process of 'dealing' with Capitol One and I am at the stage where I need to threaten them with legal action. I have sent them a CPR request which they have ignored apart from a letter stating that they have copied. I have a question for you that I could not work out the outcome from the threads. Its to do with the following from one of your letter to Capitol 1

 

''I therefore require a full refund of all payments made to you in the mistaken belief that a valid and enforceable agreement existed. I have calculated this figure to be £***p and I have enclosed a schedule setting out the details of my claim. I have also included statutory interest at the rate of 8% per annum from the date of each payment, and so require settlement in the total sum of £***. ''

 

Did you have any luck with claiming back any of the above?

Thanks GM

 

Hi GM,

 

Thank you...Pleased if my posts have been useful to you. In answer to your question no.. didn't get anywhere with a refund. All i got was a write off.

To be honest many said i could have had more out of them but for various reasons, including it being my first win after a long couple of years dealing with these problems, and with it being the end of the year when the 'case' came to an end. i was happy to call it a day without pushing for more.

 

The mian object for asking for those amounts and using that stance was to give the Creditor something to think about. Knowing that for my part i would have given a little, making them think they had achieved partial victory (in not refunding cash) but with Cap1 unaware that, actually, i wasn't that bothered by the return of funds.

 

As i see it.. it's like putting a house on the market for £150k.. knowing that during negotiations you will be asked to knock off £10k. (Which is why secretly you are happy to sell for £140k.)

In other words.. don't expect to get everything you ask for but always have in mind the minimum requirements and be prepared to let the other party feel that they have gained something you wanted when, in reality, you were quite happy to let them have it as you end up with the result you wanted all along. :-)

 

I know others have had more of a result especially when the stakes have been higher (a large refund that could make a big difference to them) so they haven't given up or settled for less. I guess it all depends what your situation is and what your personal goals are.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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