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ajs444 v Cap. one ** WON - They Cave In Just Before The Hearing **


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Jurisdiction over consumer contracts*

 

**** 7.* - (1) In matters relating to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession, jurisdiction shall be determined by this rule and rules 8 and 9, without prejudice to rule 3(e) and (h)(ii), if -*

 

(a) it is a contract for the sale of goods on instalment credit terms; or*

 

(b) it is a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; or

 

© in all other cases, the contract has been concluded with a person who pursues commercial or professional activities in the part of the United Kingdom in which the consumer is domiciled or, by any means, directs such activities to that part or to other parts of the United Kingdom including that part, and the contract falls within the scope of such activities.

 

*** (2) This rule shall not apply to a contract of transport other than a contract which, for an inclusive price, provides for a combination of travel and accommodation, or to a contract of insurance.

 

**** 8.* - (1) A consumer may bring proceedings against the other party to a contract either in the courts of the part of the United Kingdom in which that party is domiciled or in the courts of the part of the United Kingdom in which the consumer is domiciled.

 

*** (2) Proceedings may be brought against a consumer by the other party to the contract only in the courts of the part of the United Kingdom in which the consumer is domiciled.

 

*** (3) The provisions of this rule shall not affect the right to bring a counter-claim in the court in which, in accordance with this rule and rules 7 and 9, the original claim is pending.

 

**** 9. The provisions of rules 7 and 8 may be departed from only by an agreement -**

 

(a) which is entered into after the dispute has arisen; or*

 

(b) which allows the consumer to bring proceedings in courts other than those indicated in those rules; or

 

© which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same part of the United Kingdom, and which confers jurisdiction on the courts of that part, provided that such an agreement is not contrary to the law of that part.

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Ida, you've cracked it, spoke about the loyds case with my lady in Edinburgh and she confirms that the clauses are the coup de grace for the Burness "English" legal argument.

 

Will have to get it submitted now.

Don\'t let the B**tards grind you down

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I hope your out celebrating and be updating your thread soon x

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  • 5 weeks later...

Claimed for charges 2002 to 2010, with interest in restitution at 24.4%, comes to a total of £2962.14, bringing it within Scottish Small Claims limit.

 

Raised case did prliminary hearing, went to second hearing scheduled for 21/12/2012.

 

CAPONE settled out of court, account cleared, £1202. in my hand, default to be cleared from my Credit Reference File.

 

They can be beat with perseverance.

Don\'t let the B**tards grind you down

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WON

 

Claimed for charges 2002 to 2010, with interest in restitution at 24.4%, comes to a total of £2962.14, bringing it within Scottish Small Claims limit.

 

Raised case did prliminary hearing, went to second hearing scheduled for 21/12/2012.

 

CAPONE settled out of court, account cleared, £1202. in my hand, default to be cleared from my Credit Reference File.

 

They can be beat with perseverance.

 

Big thanks to Ida and SFU, and anyone else that contributed.

Don\'t let the B**tards grind you down

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Well done!

 

What a fantastic thread and awesome contribution. A credit to the CAG.

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

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And most to congratualtions to you ajs - you did all your leg work and research for it

 

have an even better 2013

 

Ida x

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It is ok if i amend your thread title for anyone looking for similar case?

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WON

 

Claimed for charges 2002 to 2010, with interest in restitution at 24.4%, comes to a total of £2962.14, bringing it within Scottish Small Claims limit.

 

Raised case did prliminary hearing, went to second hearing scheduled for 21/12/2012.

 

CAPONE settled out of court, account cleared, £1202. in my hand, default to be cleared from my Credit Reference File.

 

They can be beat with perseverance.

 

Big thanks to Ida and SFU, and anyone else that contributed.

 

Well done, a very nice start to the New Year. I have amended your thread title to reflect your success.

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1: How can BCOBS protect you from your Banks unfair treatment

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3: Banking Conduct of Business Regulations - The Hidden Rules

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

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Congratulations ajs. :-)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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  • 2 years later...

Well blow me over, the company that keep on giving, received letter this morning that due to FOS guidelines they are sending me a further £600+ for PPI refund. Thought it was a wind up at first, are all Credit card companies following the same line?

 

 

 

 

 

 

They came back with the figure of £440 which included interest, I don't know at what rate, but it seemed like a decent offer so I accepted that. As I say the main thing is charges which I think will be more difficult to achieve, but card is not in default and I know the agreement is sh**e, so may be some leverage I can use.

Don\'t let the B**tards grind you down

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Yes, I think they are. Tesco sent OH an extra amount of around £780.00

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

1: How can BCOBS protect you from your Banks unfair treatment

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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Well done! Take it and get it in your a/c immediately.

I think all the banks seem to be paying up, something to do with the government and pressure...

 

 

Earlier this year I got a letter with offer from Lloyds for a PPI I tried to claim 3 times and each time refused. Full amount + a nice amount of interest.

 

 

Then a month ago, same with Monument for a Payment Break Plan from 2003/4. Nice little extra!

 

 

I was fighting all of them, then just got exhausted after a long-winded success with Cap1. They say everything comes to he who waits...

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Great to hear this ajs, was it direct from Cap1?

 

Mine is with lowells now so I guess they won't be sending anything, they've been threatening court for over a year now but it is statute barred.

 

I'm keeping that under my hat for now though!

 

I also tried to claim off Monument and they rejected it but this disappeared from my credit file a long time ago so I've not done anything since.

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Got a letter this morning from Capital One about a further £257 coming my way. I will be contacting the rest of the companies on Monday as I have moved since the pay outs.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Got a letter this morning from Capital One about a further £257 coming my way. I will be contacting the rest of the companies on Monday as I have moved since the pay outs.

 

Nice one :)

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

1: How can BCOBS protect you from your Banks unfair treatment

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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