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    • Wanted to thank whomever fixed my post, I just read some other people with similar problems and sorry I should have done the spacing and alignment of text before posting.  I will make sure to keep it clean and proper for following posts. Thank you for fixing the initial post. 
    • Haven't got time to look at the moment but I will later this evening.   At least you probably have something that can be submitted as a last resort - if needed,   Let's see what FTMDave has to say when he's back from football
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    • Hi all,  A good friend of mine recently had a similar issue and this is my first car. I've had a consistent barrage of problems.  I purchased a vehicle from Beavers Cars Dealership - From Auto Trader.  This is a draft I've written: Dear Beavers Cars, I'm writing to you about the Audi A4 (2007) I bought from you for £3200 on Sunday January 09 2022. The vehicle had prior faults before purchasing the car, during the test drive the Engine Light came on.   This being my first car as I've recently only passed my driving test, Amir who dealt with me re-assured me that this fault is nothing serious. I phoned a friend who advised me that this is a major fault and that needs to be looked at.   Amir took me to a local garage 1 minute from the Offices and had a mechanic he knew inspect this fault. The mechanic advised that the throttle flaps are shown as an error code on his machine and need to be cleaned, he took the throttle flap device off to clean it, the fault still persisted, he replaced the entire unit which then cleared the fault. I spent roughly 3 hours in the garage trying to resolve the fault error codes. I then was shown that these codes were cleared and that its all now in good condition and working.   only test drove this vehicle at maximum of 40mphs and as it was central London taking it on the motorway was a long way away. I paid a £200 deposit initially on Saturday the 8th January 2022 and went to London on 9th January 2022 to check this car. Once everything was sorted at the time, I was convinced by a sales pitch of Amir that this car is road safe and I'm able to drive it back to Brighton with no issues. I paid the remaining £3000.   Upon leaving to the motorway, the engine was struggling and it was making a very seriously bad noise, the turbo was not picking up properly and it really felt like there may be something seriously wrong with the car, when I would pull up to roundabouts the car revs would flicker and the car would shake.   I then had it serviced and got a Carbon Clean on the engine and everything seems to be in order, it started to drive a little better, but I barely ever gone over 40mph.   I wanted to speak with Amir to discuss this and tried calling on the 20th January 2022, knowing I still have my rights under the Consumer Act 2015, but wanted to address the issues and find a solution. I was unable to get hold of him.   The third time I went onto the motorway on 22/01/2022 after going around 65mph the Revs just went to 5 and my car started to slow down, I was not able to push more than 35mph in a 70mph, which almost caused a collision. I luckily was only 20 minutes away from home and was able to come off the Motorway and get home safely.   During some of the inspections that I had the engineers that Amir took me to by Beavers Cars dealership is called Speedy's Autos. He said that the car is road safe and being a mechanic shop re-assured me.   Since I had the car, the drivers seat-belt would unclip from time to time, I was told the tread on my left front tire is below the legal limit. I've had the sensors, electrics and front and rear brake lights needing replacements by what it sounds like the Turbo completely went   and I should not have been allowed to drive this car back to Brighton. It put me and others at risk especially when they knew I've only just got my drivers licence and was still a new driver.   I would like a full refund for the £3200, I've already spent money on a set of new tyres, wheel alignment and brand new brake pads and brake disks and a repair on the seat buckle luckily the parts can be returned and wheels aren't due to be fitted until Monday 24/01/2022.   I've also already paid for Road Tax, Parking Permit and insurance on this car which I will have to sort out. . The Consumer Rights Act 2015 makes it an implied term of the contract I have with Beavers Cars that goods be as described, fit for purpose and of satisfactory quality. As you are in breach of contract and I've owned the vehicle for less than 6 years, I am within my statutory rights to ask for a refund at no further cost to me. I look forward to hearing from you within 14 days with details of how you plan to resolve this matter. Yours sincerely,   ........................     Any help would be appreciated.  I've sent this over to them via text to Amir who I been dealing with from Beaver Cars in Hounslow - I do not have an email for them.    Amir Beavers Cars 61 – 67 Salisbury Road Hounslow Middlesex TW4 7NW Dear Sir/Madam Ref: xxxxxx On 09/01/2022 I purchased, and took delivery of, the above vehicle an Audi A4 Avant 2007 from you. On 22/01/2022 I discovered that it was not of satisfactory quality: the turbo cut out and car would not go over 40 mph, even after restarting.   The Consumer Rights Act 2015 requires dealers to supply goods that are fit for purpose, as described and of satisfactory quality. However, the vehicle is clearly not roadworthy. You are therefore in breach of contract.   I am legally entitled to reject the vehicle and to be reimbursed the original purchase of £3200. I look forward to receiving your cheque or banks transfer refund to my account: xxxxxx – Account Number: XXXXXXXX Sort-code: XXXXXX the total sum of £3200 within 14 days. If you fail to reimburse me, I shall have no alternative but to issue a claim against you in the county court for recovery of the money without further reference to you. Yours faithfully   If they refuse to refund me, what would be my next steps? Thank you
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angel v cap1 won sort of


angel1977
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Hi all, cap1 never fail to amaze me !!

I put in my claim through County Court and recived an acknowledgement from cap1 through the court they would defend the claim in full this was on the 3rd Sept

I recived a letter dated 4th Sept i that " Whilst we do not accept liability for your claim, i have in an effort to resolve this matter without the need for a court hearing, refunded your full claimed amount of £466.00 into your account. These refunds have cleared the balance on your account and left it £137.05 in credit. I have arranged to send you a cheque for the credit amount, which you should recive within 21 working days."

 

then they go on to say these refunds are a gesture of goodwill blah blah, then they say if i cannot keep in line with the agreement from now on " i would respectfully request you consider closing your account"

 

This is a standard reply i assume ?

 

The very next day i got another letter dated 06/09/2009 stating that

" As of the 6/9/2009 you have defaulted and you owe us £341.55"

 

So they have now defaulted me and closed my account and are going to notify the credit agencies that i have defaulted.

 

I am sure they cannot do this.

The first letter was dated 4th sept and told me they had credited the amount to my card and now longer owed them money.

The second letter defaulting me was dated 6/9/2009 2 days after they credited my account,

 

Then i got a letter from Debitas dated 7/9/2009 saying i owe them £12.00 as they have been instructed to collect the outstanding blalance i owe on my cap1 account, then goes on to say " Clearly, having an outstanding amount and a default on your credit file is upseting"

 

People i am hopping mad, whats going on and what can i do about it? There is no way on this earth they are gonna get away with this.

Please help

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Amedn the claim to include breach of DPA. They are in breach as they have a duty to record accurate infomation about you. Did their payment include interest and court costs? If not, then continue the claim

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In fact, thinking more about it, I think that you have a perfectly good basis for continuing the action anyway even though they are settling as you have a good reson to continue. The CPRs - I can't remember which one say that you are entitled to continue despite settlement without rsik of costs if there is a continuing reason. the fact that they are settling out of court - good will etc and yet continuing to treat you as if you were in debt is sufficient reason.

 

Please let me know more about the case.

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Thanks for the advice, i now have no idea of what to do but i will continue reading, in the mean time Capital one have sent me another letter telling me that i have incured default sums of £24 for over limit fee and a late payment fee on an account that they have closed. I have to laugh or i would be going down to capital one Nottingham ( the building is about 20 mins away from me) and trying to force feed someone the crap they keep sending me.

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By the way, you need to check with the court from time to time that the case is still live.

We've had a few instances where companies have settled or aettled in part and informed the court and the court has then closed the case without checking with the claimant. Very naughty

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Notice of acknowledgement of service from cap1 via court dated 03/09/2009

 

My first move ?

 

Write to cap 1 adapting to template from the amending bank charges section stating :

 

I am writing to you because i am proposing to amend my statement of case in my credit card claim against you. I am hoping you will agree to the amendment so that i will not have to trouble the court with an application to amend.

 

I enclose a copy of the amended statement of case for you information. You will see that i am adding a request for the removal of any prejudicial information which you have passed to third parties, my request is made under the Data Proctection Act 1998, section 14 which gives the power to the courts to order the removal of inaccurate personal data.

 

I have sent a copy of this to the court and i have indicated to them i am seeking your consent.

 

I hope to have your response within the next seven days failing that i will have to complete an N244 application notice and ask permission of the court. I hope you will agree that it is highly likely that the court will allow this, as you defaulted this account two days after the balance of my account was cleared. this will be the first time that i have made an amendment in these proceedings.

 

Yours Angel1977

 

Then reprint my poc and add

And the claimant claims

 

The removal of any prejudicial information which the defendant bank may have passto third parties in relation to the Account and in particular the removal of any default notice registered with any credit reference agency

The claimants request is made under the Data Protection Act 1998, section 14

 

Write and underline the new paragraph in red

Is this right?

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Yes, that's right.

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I have done the amendment letter and poc and know where to send them, now in my letter i tell them 'i have sent a copy to the courts' do i

a, just hand in a copy of the letter to the court, my letter has the claim no on it ( i dont know what to say to the clerk)

b, hand in both letter and poc with amended details on it

Or wait 7 days to see what happens

Thanks

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Hng on there is a misunderstanding. You ask them for consent and then if they do consent, you send a copy of their consent to the court.

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  • 2 weeks later...

Just a little update, i have sent my letter to cap1 and was delivered on the 21 of this month with no reply from them so i guess their time is up, i will download this n244 and see what i can do myself and come back with any questions.

That is my misson for today.

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OK

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So far these are what i'm stuck on to varying degrees on this n244 form

Claimants Name ( well i know this but it is asking for a ref n.o. aswell )

 

Question 3 What order are you asking the court to make and why

 

I have put " To amend my statement of case because Capital one have defaulted and closed the account two days after the balance was cleared. The defendant no legal right to default an account when no monies are owed and have recored inaccurate personal data with credit reference agencies. This request is made under the Data Proctection Act 1998, section 14

 

Question 4 Have you attached a draft of the order you are applying for ???

 

Question 5 How do you want this application dealt with

I belive i have 2 choices the 1st at a court hearing or 2nd, at a phone hearing as cap1 will have legal reps but i dont know which one to choose

 

Thats my questions so far as i dont want to confuse myself even more.

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I'm just trying to understand your current position.

 

You claimed charges from cap1. They caved in and credited you si that your account was cleared.

Your account is now clear and you owe no money.

However they have now defaulted you because of the debt which is now clear and which was subject to a dispute over charges

 

Is that correct?

 

Do they owe you any further money?

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Thats about it. this is my time line

All dates given are from the stright from the letters

 

26/08/09 I put in my N1 form claiming in total £466.60 mostly made up of charges £341.55 for them and £137.05 for me.

 

03/09/09 I recived a Notice of acknowledgement.

 

04/09/09 I recived a letter from cap1 saying have refunded £341.55 back into my account clearing the balance and would send a cheque for £137.05 which i have got but have not banked yet.

 

06/09/09 I recived a letter defaulting me and closing my account as according to them i owe £341.55

 

07/09/09 I recived a letter from Debitas informing me i owe Capital one £12.00 and banging on about how a default would seriously harm my ability to get credit blah blah.

 

09/09/09 I recive a letter from Capital one stating that i owe then £24.00 for:

Date Incurred Details Amounts

23/08/2009 Over Limit Fee £12.00

04/09/2009 Late payment Fee £12.00

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Right, Don't worry about the ref no as you don't have one but do make sure thatthe case number appears on the N244

 

Question three: that the court grants permission to the claimant to amend her claim as per attached.

 

The you attach the proposed amendment.

 

The entire amended POC is headed "amended particulars of claim" with those words in bold and written or highlighted or underlined in red.

 

Then you do your amended particulars of claim.

 

You will have to add something like:

 

On XXXdateXXX the defendants entered a default onto the claimant's credit file.

 

The said entry related to an alleged debt which has been the subject of these very legal proceedings.

 

It is a term of the banking code of practice that alleged debts in dispute shall not be recorded on credit files.

It is a term of the account contract with the defendant that alleged debts in dispute shall not be recorded on credit files.

Guidance from the Information Commissioner issued in 2007 (check this date) is that disputed debts should not be recorded on to credit files.

 

The defendant has acted in breach of the banking code

The defendant has acted in breach of the account contract.

The defendant has acted in breach of the Data Protection guidelines set out by the Information Commissioner.

 

The claimant seeks an order that the defendant removes the said credit files entries forthwith

 

Have you suffered any loss or inconvenience by this?

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Just my time spent looking in to all this, the postage and the fact i did want to keep the card as an emergency fund ( as i have no savings) and i wanted to rebuild my credit score with this card as one day i would like to buy my house.

In my amendment letter that i sent to cap1 legal dept i even included photocopies of the letters in question so they could see what had happened but to no avail

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I just wanted to make it clear that Capitail One defaulted me two days after they had cleared the balance via a refund, at first i just thought it was a mistake on their part but now am starting to think they ment to do this just to be spitefull.

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Hi Angel,

 

Just to add to bankfodders advice, the banking code is now legally binding on them under Consumer Protection from Unfair Trading Regulations 2008 regulations.

 

If its a help I used this in my letter to crapone's legal section, you can extract the relevant bits to use in amended POCS if needed:-

 

This is in clear breach of the Banking code which Capital One is a signee of and hence enforceable under the CPUTR2008, specifically Regulation 5 which states:-

5.—(1) A commercial practice is a misleading action if it satisfies the conditions in either

paragraph (2) or paragraph (3).

(3) A commercial practice satisfies the conditions of this paragraph if—

(a) it concerns any marketing of a product (including comparative advertising) which creates

confusion with any products, trade marks, trade names or other distinguishing marks of a

competitor; or

(b) it concerns any failure by a trader to comply with a commitment contained in a code of

conduct which the trader has undertaken to comply with, if—

(i) the trader indicates in a commercial practice that he is bound by that code of

conduct

 

The Banking Code that you are a signee of clearly states you must cease reporting the status of this account as behind on payments to all Credit Reference Agencies where the amount is disputed, I quote:

 

“13.6 We may give information to Credit Reference Agencies about the personal debts you owe us if: the amount owned is not being disputed

 

Obviously there was a dispute ongoing in court and hence the balance of the account could not be worked out correctly, as such the late or derogatory markers should not have been placed according to your own codes of practice. It should be noted a complaint to both the OFT and the BCSB has been made. I understand that I can use CPUTR2008 in a future case against Capital One if you don’t comply.

 

Best of luck.

 

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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Thanks for that Shadow,

This is what i'm stuck on

Question 4 Have you attached a draft of this order you are applying for ?

Question 5 How do you want the application to be dealt with: i have put at a hearing

Question 6 how long will the hearing take: i have left blank

Question 7 Details of fixed trial or period: left blank

Question 8 What level of judge: dont know

Question 10 What info will you be relying on: i put the statement of case then write attached in the box below.

If some could tell me what bits are right or wrong i would be gratefull because i'm not sure in anyway what i'm doing.

thanks

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Thanks for that Shadow,

This is what i'm stuck on

Question 4 Have you attached a draft of this order you are applying for ?

Question 5 How do you want the application to be dealt with: i have put at a hearing

Question 6 how long will the hearing take: i have left blank

Question 7 Details of fixed trial or period: left blank

Question 8 What level of judge: dont know

Question 10 What info will you be relying on: i put the statement of case then write attached in the box below.

If some could tell me what bits are right or wrong i would be gratefull because i'm not sure in anyway what i'm doing.

thanks

 

Ok sure bankfodder will help more than I can but in the meantime...

 

Q4. no order is being requested.

Q5. No hearing, you just want the judge to accept the new defence, if there is an issue the judge will order a hearing to discuss.

Q6. " "

Q7. If you have any trial dates for this case coming up put them in.

Q8. District Judge

Q10. The amended POC and add evidence of letters sent/received in supposed settlement and default.... also screenshot/copies of credit file showing default and the date of said default.

 

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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Done! and handed in the the county court today, thanks for helping me.

I am fighting littlewoods as well and they say i'm being unreasonable and may ask the court for me to pay their fees if i carry on with my case!! Sometimes it feels like just when i got one critter sorted for the time being another one comes along!!

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  • 2 weeks later...

On Sat the postie gave me this from the courts

 

"Your application was referred to the District Judge for directions, who had made the following comments" "Send the claimant a copy of the Defendant's letter dated 4/09/2009. The claimant is to reply to the court in seven days as to how this affects her application and whether or not she wishes to amend it."

 

The copy of Cap1 letter is simply a letter to the courts advising them that they have refunded my claim, but nothing about the fact they closed my account whilst it was in disputed which is what i (and all those who helped me) did so i'm not really sure what my next step is or how i tell them i want to continue my amended claim.

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