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mikecag

Mikecag V Capital One

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Afternoon/Evening all,

 

I've got my money back from Natwest about 2 years ago :)

 

Anyways, I've been out the game since then and need to get back on top of claiming back the money I'm owed.

 

When I was doing my Natwest claim the process I went through was:

 

SAR Request

Request charges letter x 2 with 14 days waiting etc

LBA

Phone Call to Natwest guy at the time = money back.

 

Well, with being out the game, things seemed to have changed.

 

I've tried reading through a few threads and am purplexed at how I managed to read through all the info before.

 

I've got my SAR done and have all my details.

 

Could someone please explain to me - or point me to (in simple terms) the process after the SAR? Pretty please?

 

I feel like such a newbie, ha.:roll:

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Right - looks like I didn't do enough searching or reading.

 

Found this a couple of pages back:

 

'Hello and Welcome,

 

You should first send a Prelim letter with a schedule of charges, asking for your charges back.......

 

http://www.consumerforums.com/resour...-for-repayment

 

If after 14 days they do not comply, send a Letter Before Action......

 

http://www.consumerforums.com/resour...s/121-bookworm

 

After another 14 days with no joy, you should file N1 at your local county court..............

 

http://www.consumerforums.com/resour.../120-zootscoot

 

Regards.

 

Scott.'

 

Thanks Scott.

 

Looks like things aint changed that much. I shall continue and send my Pre Lim letter off :)

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Hi Mike

 

Don't forget to add the interest to each charge. Are you going after the contractual compounded rate or the 8% statutory interest?


Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

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Hey Aviator,

 

I'm just trying to find the template for the charges etc.

 

I'll need to read around again to find out what you mean by compounded rate, but whatever is the most. ha.

 

There is actaully more background to this, I have previously had an offer letter like most people (offer was approx £123 pounds, when claim was £500) about 12 months ago, but due to personal problems I couldn't 'do' with the extra stress. :( So going from the Pre Lim stage again.

 

Now I'm ready for battle again :D

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Got the templates now :)

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Newbie question again -

 

Can I claim from April 2002?

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Newbie question again -

 

Can I claim from April 2002?

 

In theory yes, but you need to ensure you enclose a bit in your POC's about the exception to the statute of limiations act..

 

This was pinched from a caggers claim against barclaysharks and for PPI so you will need to find out when the OFT first mentioned unfair charges on credit cards and work back 6 years from that.

 

The Applicant is aware of the Limitation Act 1980 and the Time limit for actions founded on tort, and is aware that the Respondent may wish to base his defence on this.

“An action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

The Applicant asserts that this limitation is not relevant in this claim due to the cause of action being redress for a mistake by the Applicant caused by the Respondent’s deliberate concealment of the facts, and that the Applicant’s right of action has been deliberately concealed from him by the Respondent. The Applicant asserts that he could not, with reasonable diligence, have discovered it before 2006. This being the date of publication of the Office of Fair Trading report into PPI mis-selling, and so the period of limitation should not have started to run until that time.

 

s.32.--

(1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-

(a) the action is based upon the fraud of the defendant; or

(b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or

© the action is for relief from the consequences of a mistake;

the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. ....

(2) For the purposes of subsection (1) above, deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty.

 

 

 

Took this off another thread, soz cant remember who the original poster was....

 

s.32 Limitation Act 1980 is here - Limitation Act 1980 (c. 5clip_image001.gif

It essential to have section 32c in your Pocs if you are relying on it and if Capital One have issues with it then seek a hearing to determine.

The case law for this is

Kleinwort Benson -v- Lincoln City Council & Others

 

 

Its a watertight arguement-plain and simple.

I would personally suggest that you read digest and understand it

 

S.


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