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    • . I'm sorry but this is not correct. There is a very long established rule that you are required to exercise utmost good faith (uberrima fides) when becoming a party to any kind of insurance contract. This means that you have quite a strict duty to accept responsibility for disclosing any information which a reasonable person in your position might understand could materially affect the risk. I can imagine that the interpretation of this rule would not be applied quite so strictly to a very new and young driver – but the more that one has been driving and the more insurance policies one has held, then I think that the stricter  this rule becomes. It is also well established that one can misrepresent something simply by withholding information – by silence. I'm sorry to say that I think that this rule and the value of it is so self-evident that it is scarcely worth discussing. I wouldn't start raising this issue if I were you with insurers or the courts because you will come away with a bloody nose and loss of credibility
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    • Must be a positive if the Insurers are now using the legislation as it was intended. It is just that I have not heard of it being used for Car Insurance, as the 22% comes from the Insurers rating calculations, which is not available information to the Policyholder. With Home Insurance, if you Insured a Building for £100k, when it should have been Insured for £122k, it is easier to grasp.   The Insurers would have issued the policy documents clearly showing that no motoring offences had been included within the premium calculation and the OP has had 5 months to correct the record with Insurers before the accident.   Perhaps probe the Insurers on the 22%. Can they provide evidence from their Underwriting rating guidance that this is the extra premium for 2 SP30's.
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drob

Cap1 PENALTY charges + Default Claim **WON** and Default Removed !!!

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Several months ago i started the ball rolling to reclaim charges that Capital One had added to my account. I sent them a request for payment and then a letter before action, unfortunately due to unforseen circumstances i didn't get as far as issuing a county court claim.

 

1. If i want to start the ball rolling again would i have to start again and issue a request for payment and then another Letter Before Action?

 

2. Is it worth going down the F.O.S road rather than the county court?

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Hi, drob.

 

I'd file at Court, Cap1 paid out just last week after receiving court papers.

 

Regards.

 

Scott.


 
 

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On 29th June i sent a request to Capital One asking them to refund charges that they have levied from my account over the past 4 years.

 

Today i recieved a reply from Capital One stating that the signature i have provided does not match the signature on their records and under the Data Protection Act they cannot forward any information regarding my account.

 

They have asked me to send my request again, enclosing an example of my signature that matches their records.

 

  • What has signature got to do with asking for a refund of charges?

  • Should i ignore this letter and proceed with the Letter Before Action once the 14 days are up?

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Send the idiots this;

 

Dear Sir,

 

You have stipulated that you require proof of my identity/signature before you comply with my SAR, may I bring the following to your attention;

Data Protection Act Good Practice Notes:

 

2. Do you have enough information to be sure of the requester’s identity?

Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume that they are who they say they are.

 

Suffice to say that if the Information Commissioners Office are satisfied that if you have previously corresponded with me at this address then it is reasonable that I am the person I say I am, therefore there is no leglislation nor guidelines that you can hide behind in an attempt to avoid fullfilling my legal request.

 

If you still fail to comply to my legal request, I will have no other option than to complain to the Information Commissioners Office & if my complaint is upheld you will be liable to a £5000 fine.

 

Yours,

Print name do not sign.

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/checklist_for_handling_requests_for_personal_information.pdf

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=8861&d=1242456802

 

If they continue to play silly beggers make a complaint to the ICO

 

https://www.ico.gov.uk/Global/contact_us.aspx


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Hi cerberusalert ...... thanks for your prompt reply. I am not requesting a SAR. I have already received my SAR.

 

I am asking them to refund unfair charges, shall i just adapt your letter? I have already complained to the ICO as they sent my SAR to a third party before sending it to me!!!

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Just change the 'subject access request' to 'request for refund of charges'.

 

You can still complain to the ICO. ;)

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Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Thanks cerberusalert ............. letter is in the post. I have also added to the letter that my timescales for Cap1 to respond to my request for a refund of charges remains the same.

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I am about to reclaim charges and ask for a default to be removed. Im ok with the POC but need help with the following ....

 

1) What do i put in Brief Details of Claim space?

2) What do i put in the Value space

3) How many copies of the POC do include with the N1

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Hi Drob,

 

There is a full guide to filling in a Cap1 N1 here :-

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/120-zootscoot

 

It's towards the bottom of a quite a long list !!

 

You will need three copys of your N1 and SOC, one for the court, one for Cap1 and one the court will return to you.

 

Lex


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This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I have read the full guide, unfortunately it only deals with the POC.

 

On the first page of the N1 form their are 2 spaces for brief details for a)Brief Details of Claim b) Value of claim. Im unsure what to put in these spaces.

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Morning Drob,

 

Brief Details of Claim

 

Money claim for return of Credit card charges and associated interest charges applied to the Claimants account by the Defendant. Removal of a Default.

 

Charges.

 

Charges £xxx.xx

Associated overdraft interest charges £xxx.xx

Interest under s.69 County Courts Act 1984 £xxx.xx

Court Fee £xx.xx

 

TOTAL £ xx.xx

 

Hope this helps,

 

Lex

Edited by Mr lex
Forgot about the default !!

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Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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That's brilliant Mr Lex, thank you very much.

 

I understand that N1 is the route to take and not MCOL or FOS??

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Yep Drob, N1 everytime :)

 

Some MCOL claims are getting stayed by some courts in the mistaken belief that they are bank charge claims.

 

We'll keep FOS in reserve ;)

 

Lex

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&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Am i correct in thinking that i will need 3 copies of everything?

 

Do i give the 3 copies to the court when i go and pay ?

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Thats right Drob,

 

Take all three copies to the court. One will go to Cap1, the court will keep one and you will get yours sent back with your case number on.

 

Lex


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Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Brilliant Mr Lex ...... I did receive a letter from Cap 1 this morning offering me £32 as a goodwill gesture. Not quite the £398 im claiming!!!

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errmm, no, not quite. Not very good at 'sums' are they ? :D


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Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Just 1 more question Mr Lex. I have read that i should also be claiming for the £12 charges even though that Cap1 think that the £12 charges are proportionate

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Thats right Drob,

 

Claim for the lot, it's up to them to prove whats a fair charge, which of caurse, they cant.

 

Lex


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Wherabouts do i put my little bit about removing the default in mt POC???

 

and

 

What are the daily interest rates??? The daily rate is worked out by Total Charges x 0.00022 is this correct??

Edited by drob

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I am about to submit a claim for £212 and i am a bit stuck when you come to calculate a daily rate until judgement

 

Total Charges x 0.00022 is this correct??

forumbox_top_left.gifforumbox_top_tile.gifforumbox_left_tile.gifforumbox_right_tile.gifforumbox_bottom_left.gifforumbox_bottom_tile.gifforumbox_bottom_right.gif

 

My claim is for £212.00 so is the following statement correct

 

(2) 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 £46.29 and at the daily rate of 0.04% until judgment or sooner payment.

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I believe it should read:

 

(2) 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 £46.29 and at the daily rate of £0.046 until judgment or sooner payment.

 

x20

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Wherabouts do i put my little bit about removing the default in mt POC???

 

and

 

What are the daily interest rates??? The daily rate is worked out by Total Charges x 0.00022 is this correct??

 

At the end in the "claimant claims" section

 

eg:

 

Claimant claims:

 

 

 

(a) redress in the sum of £X,XXXX or whatever the Court deems just.

 

 

(b) Redress in the form of payment of the compounded contractual interest of £X,XXX in Restitution.

 

 

 

© Court fee: £85

 

 

(d) Removal of incorrect adverse account status data from third-party data controllers including, but not limited to, Experian, Equifax and Callcredit.

S.


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Court fee: £85 ???? I thought the court fee was only £30

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Court fee: £85 ???? I thought the court fee was only £30

 

Depends on how much your claiming back from them, sorry should have XX'd out the amount :-D :-D :-D

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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