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gezwee

Capital one - F & F

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Have an ongoing issue with Cap1, its an enforceable agreement post 2007 so that side of things is pretty well covered (for them anyway).

 

Theres a balance of circa £1500.00 so its a tiddler in comparison to some of my others but........ this includes charges in the region of £250.00 + contractual interest which continues to be applied and I think comes in at roughly £500.00 for the last 14 months (although some of this may be additional charges).

 

I have received no statements for over a year and no notice of default fees levied on the account.

 

The only reason I know the balance is because I wrote to them 2 months ago asking for a balance of account.

 

I've since written to them again advising that no correspondence has been received for over a year and asking for corrected balance in light of their failure to present statements and/or default fee advice/s.

 

Got a template response that leads me to believe that they don't want to play ball.

 

'If' they don't concede at some stage in the near future is there any case law which prevents me from stating a reasoned case for reclaiming the charges and interest (which have not to date been paid), I would fully expect them to defend on the basis that the charges/interest have not been paid and they would want to invoke their right of offset against the arrears on the account but I'm not seeing much of another way forward in settling this one at the correct value.

 

Frustrating more than anything, all they've had from me for over a year is £1.00 per month and now I want to settle they want to play silly buggers with unsubstantiated charges and interest.

 

Gez

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sar them and do some reclaiming

 

what about ppi too?

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi dx

 

SAR'd last week so theres a while to go with data just yet, and nope...... no PPI to reclaim on this one.

 

Any ideas on whether I'm reading the 2006 additions to S.77 & 78 correctly re: statements and the giving of.

 

Is the creditor financially penalised (no enforceable interest charges) by failing to send statements for a running credit account as is the case for fixed sum s.77A (6)?

 

Thanks

 

Gez

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not my game sorry

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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