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    • Although I still think you will be ok on the mortgage front, it always helps to find a good Broker who can guide you around these sorts of things. 
    • Hello all   A colleague discovered he had a CCJ recorded against him by Lowell as a result of them acquiring an old Electricity Bill from around 2011.   They lodged their claim in 2019 to my colleagues old address and got a back door judgement.   I helped my colleague draft an application to set aside and it was decided by the court service to hold a telephone hearing which took place last week.   It was slightly comical.    The Judge had got my colleague on the conference call and rang the number provided by Lowell only to reach a call centre person who knew nothing about the case.  She offered to find somebody but the judge was not having it and said they had plenty of time to sort out the case and he had called the number they had provided and expected someone to be ready to handle the case.  He asked her if she was ready to deal with it.  She said she wasn't so the Judge "dismissed" her and was left speaking to my colleague only.   It then turned out that Lowell had submitted a response saying they agreed to the Set Aside providing Each party paid their own costs to which my colleague agreed.   Our application requested a set aside on the basis that the original claim was not received despite the utility having my colleague's address and for SB reasons.   The final outcome was the Set aside was ordered by the Court and the original Claim restored with 14 days to defend.   I am running the case here for any CAGers to advise and comment.   My next step is to write to the Court and Lowell asking for a copy of the original Claim Form without which it is difficult to defend.   The main details are that my colleague paid his electricity bill before moving house and indeed retained the same utility company in his new house, not something he was likely to do if he was evading them.   In any event the defence is an SB one as the original bill was around 2011 and any claim would surely have expired about 2017.   I will get back to the thread with more details.  If anybody wants to comment then all suggestions welcome.
    • All of the above but I don't think their default is going to hurt your mortgage application.
    • Unless you have already sent it – which I don't think it's clear – how about this as an alternative:    
    • You mention covid holiday in your title.. did you have one and missed or deferred payments?   tell us the story please though a mortgage company rarely refuses for one default.there must be another reason   DX
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

reload vs Capital One


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Thanks for the advice ragsta, well spotted - amended accordingly. Was just testing, honest ;)

 

Seems I'm using the older version of the particulars of claim. I'd suggest anyone else entering a new claim uses the newer vesion available on the link ragsta provided :)

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Claim filed - total of £456.57 including court costs and interest :)

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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  • 4 weeks later...

Letter received today - full settlement:

 

Dear reload,

 

I write in connection to the above court claim, which you have issued against Capital One Bank (Europe) plc. I have now had the opportunity to investigate your claim of £456.57.

 

It is denied that these fees are unlawful as they are detailed in your terms and conditions in our welcome pack. Our fees are based on the costs we incur when a customer breaks their contract by missing a payment, paying late or going over their credit limit. The fees are only levied when a customer breaches their contract in this way and can be avoided if payments are maintained and the balance kept within the credit limit.

 

Capital One has acted in accordance with the terms and conditions of your credit agreement through this matter and it is clear you have no claim against Capital One. Whilst we do not accept liability for the claim, I have in an effort to resolve this matter without the need for a court hearing, refunded £456.57 to your account. This refund has cleared your balance and left your account £250.09 in credit. I have arranged to send you a cheque for this amount today and it should arrive within 14 working days.

 

These refunds are made purely as a gesture of goodwill and we will now defend this claim on the basis that we have refunded the correct amount.

 

I must advist you that going forward, we may still add fees to your account, if you do not keep it up to date. We will automatically charge fees if you miss a payment, pay late, your balance goes over your credit limit or if your direct debit or cheque payment is returned unpaid. If you do not agree to these terms, I would respectfully request you consider closing your account.

 

I hope you are happy with this resolution and I request that you contact the court to let them know about the settlement so we can avoid taking up valuable court time.

 

Your sincerely,

 

Graham Daley

Executive Office

For and on behalf of Capital One Bank (Europe) plc

 

So - FULL SETTLEMENT OFFERED :D

 

One point to raise about the letter though: If I have no claim, why the f*** are they refunding me? Bunch of morons.

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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One point to raise about the letter though: If I have no claim, why the f*** are they refunding me? Bunch of morons.

 

That's just what I thought. But I resisted the temptation to ask them and instead banked the cheque!:D

 

Elsinore

BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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reload well done - hope you get your money soon!! :D

My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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well done reload...

why are they refunding you? as a gesture of goodwill of course!!

capital one, goodwill???!!! hm let me think!!

cap one - prelim letter sent 23/8 £460 owed

partial refund, now sod off letter received 6/9

lba 5/10, claim served 30th jan,

CAP ONE SETTLED IN FULL 15thTH FEB!!!

 

 

lloyds card services - prelim sent 23/8 £332 owed

sod off rerceived 25/9

lba 26/9

claim issued via mcol 13/10

awaiting papers from SC&M

court date set for 26th March

 

 

nat west - Data Protection Act sent 11/7.. non compliance.. considering court action.

non compliance letter sent 29/8 giving them a further 7 days- gave them loads more days!!

5/10 lba sent for pre action disclosure

settled in full 2.1.07

 

 

 

cahoot - Data Protection Act sent 7/8 on hold for a while

 

Tesco - prelim sent 6/10 £200 owed

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