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    • okay, perfect and thank you so much for the help once again. so firstly i am going to initiate the breathing space, during this time it's likely ill receive a default. when i receive the default are you aware of how long it will take for me to know whether the OC have sold it off to DCAs? Once it's with the DCAs i do not need to worry as they cannot issue a CCJ only the OCs can Even if i decide to come an arrangement with the DCAs no point as the default will remain for 6 years paid or not paid I should only consider repayment if the OC still won the debt and then issue a CCJ? Just to confirm the default will not be seen after 6 years? No one can tell I had one then after 6 years ill be all good?
    • I'm not sure we were on standard tariffs - I've uploaded as many proofs as I can for the ombudsman - ovo called last night uping the compensation to 100 from 50 pounds for the slip in customer service however they won't acknowledge the the problem them not acknowledging a fault has caused nor are they willing to remedy anything as they won't accept the meter or formula was wrong.   I'd appreciate more details on the economy 7 approach and I'll update the ombudsman with any information you can share. 
    • To re-iterate and highlight my urgent question on this one: The N24 from the court did not include any instructions to submit paperwork 28 days before the date, unlike the N157 received for other smaller claims. Do I have to submit a WS for this court date? Link has!...
    • No, reading the guidance online it says to wait for a letter from the court. Should I wait or submit the directions? BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?
    • Thanks for opening, it's been another rough year for my family and I've procastinated a little.. Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues. Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused. this has been allocated to small claims track, court date is June 3 and I've received their WS. I'm starting on my WS. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through. Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it? I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime. Wonder what your advice would be given the documents they have provided? I am now in a position to clear the debt either by lump sum or a few large installments - Is this something i should look into at this late stage? Thanks as always in advance
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Capital One Charges Reclaiming


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  • 2 weeks later...

Hi guys can anyone help, I cant seem to be able to copy and paste from the credit card POC claim form on this site, I can copy and paste from the banks POC form but not the credit card POC form.

Many Thanks In Advance Lushni

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Hi Freakyleaky, thanks for help, I understand what your saying but when I go into the credit card POC it lists loads of company’s, I only want to copy or print the Capital One POC but I can’t do this as it only allows me to copy all company’s, but when I paste from this it only paste half what I have copied and does not show the Capital One POC.

 

 

 

Sorry if I have added to the confusion, but many thanks for your time.

 

Lushni

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Sorry guys one more thing (if I can push my luck). What do I put in place os the xx's

 

(1) A declaration that the sums totalling £764 have wrongly been applied to the Account (2) Payment of the said sum of £764and interest of £327.45 applied by the Defendant thereon. (3) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of payment of the Charge to date in the sum of £[xxx.xx ], and at the daily rate of [ xx ] until judgment or sooner payment. (4) Court costs of [ xxxx].

Many Thanks In Advance

Lushni

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When you use the spreadsheet to calculate the charges you will have the 8% figure for the period of the charges

The s.69 daily interest ammount is the total charges plus interest added together multiplied by 0.022%.

.

The court fees can be found on the HMCS website. I have a link somehwere. I will go see if I can find it.

Edited by freakyleaky
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freakyleaky your a star! last thing does this below look about right now, I would hate to ask for less than I was due.

(1) A declaration that the sums totalling £764 have wrongly been applied to the Account

(2) Payment of the said sum of £764and interest of £327.45 applied by the Defendant thereon.

(3) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of payment of the Charge to date in the sum of £1091.45 and at the daily rate of £2.40 until judgment or sooner payment.

(4) Court costs of £75.

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Hi Freakleaky, the charges were £764 and the intrest was from the SOC page on this form I think it's 8%, which came to £327.42. Once Again Thanks.

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ok so that section of your poc's should look like this:-

 

(1) A declaration that the sums totaling £764 have wrongly been applied to the Account

 

(2) Payment of the said sum of £764 .

 

(3) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of payment of the Charge to date in the sum of £327.42, and at the daily rate of £0.24p until judgment or sooner payment.

(4) Court costs of £75.00

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