Jump to content


  • Tweets

  • Posts

    • no DCA is a bailiff end of neither do they have any legal powers whatsoever. i would write to everyone simply giving your current abroad address , inc proof of residency. that will stop all threats going to anywhere else.  
    • Thanks for your prompt reply. I have some questions, please: When you say nothing will happen, my 80 year-old mother is worried about potential DCA doorsteppers if/when the debts are sold on - she is a very sweet, quite vulnerable lady and she is worried she may be bullied and harrassed.  If they do come knocking, what should she say?  I told her to say she knows nothing about any of it and they have no right to come knocking on her door and to warn them police will be informed if they come back.  Problem is, I don't think she would be strong enough and can easily be bullied into saying more than she intended once the door has been answered. Next questions: 1)  Should I inform all my lenders that I have moved abroad before defaulting (to avoid the quirky English law loophole thingy that could end up in a CCJ or worse once a DCA gets hold of it)?  2)  Can/should I provide an alternative UK correspondence address to my lenders instead of my mother's home address e.g. my virtual office address for my business - would the lenders accept this as I live abroad now and don't live at my mother's address?  Can I just write and tell them, without any further ado and not get into any further questions about it and cease further correspondence with them and default?  And would this stop DCAs coming to my mother's house as it would not be my current residential address on the lenders files when passed to the DCA?  Do they doorstep previous addresses? 3)  If I don't provide a UK correspondence address will I be at risk of not being aware of any Letters of Claim etc and legal proceedings notices etc not reaching me (there's no reliable postal system in the developing country I've moved to).  Worried this would mean I could end up being taken to court without being aware of it and could end up in a worse situation. 2) What exactly will go on my credit file once I've defaulted, assuming no legal action is taken against me?    4) Should I contact any of my lenders and inform them I have zero assets.  TSB & Sainsburys already have I&E info from me which shows my income  @ £1200/mth is below the combined total of my debt repayments @ £1300/mth and that my income only just covers essential costs of living @ £1200/mth.  Could it be useful to be on my file that I have no assets, so that the DCA clearly see this when the debt is passed to them? Thanks again for any advice.
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • paypal, but i would like to know if anyone knows if there is a certain time limit they have to refund you? thanks
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Miller V Capital One (Mastercard)


garethmiller
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6414 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi this is my first forum post, I have a couple of claims to work on but I have started with my Capital One Mastercard. Back In July I requested statements, At the end of August I wrote a prelim letter asking for £720 (thats £720 in just two years of having the card!), Last Saturday I received a partial offer of £288 from Mr Uddy and I have sent a letter before action in return (as the initial 14 days was up) accepting it as a partial settlement but that I would be pursuing the rest. I sent the letter on Sunday, any suggestions whether they will respond before the deadline or not? and what they might say if they do?.

 

How come the Executive Response Centre is so uncontactable, does anyone have an e-mail address for them?

 

Love out

 

Gareth

 

:confused:

Capital One - Mastercard - Claiming £720

CLAIM PAID IN FULL 25/10/06 £878.94

 

Capital One - Visa - Claiming £473.70 and £565

CLAIM PAID IN FULL 21/11/06 603.49

2ND CLAIM PAID IN FULL 30/1/07 £565.00

 

NatWest - Claiming £720

CLAIM PAID IN FULL 18/10/06 £951.06

 

Halifax Part One - Claiming £958

Pre-Lim Sent 11/9/06

Offered £450 28/9/06 - Refused

Link to post
Share on other sites

Hi this is my first forum post, I have a couple of claims to work on but I have started with my Capital One Mastercard. Back In July I requested statements, At the end of August I wrote a prelim letter asking for £720 (thats £720 in just two years of having the card!), Last Saturday I received a partial offer of £288 from Mr Uddy and I have sent a letter before action in return (as the initial 14 days was up) accepting it as a partial settlement but that I would be pursuing the rest. I sent the letter on Sunday, any suggestions whether they will respond before the deadline or not? and what they might say if they do?.

 

How come the Executive Response Centre is so uncontactable, does anyone have an e-mail address for them?

 

Love out

 

Gareth

 

:confused:

 

hi Gareth i am slightly ahead of you, i to got the partial settlement from uddy. they never replied to my request for the balance. I have filed MCOl the 28 days are up om the 27 sept. As for the ERC dept complete tossers i was told by customer services that they would speak to ERC and get them to phone me, Yea right phone call 15 mins later telling me ERC dont make phone calls. Mmmmm wonderfuls customer services.:x

  • Confused 1
Link to post
Share on other sites

Thanks for the info! much appreciated. I have seen that some people have been called by the ERC, so I rang customer support (not the man customer services) and asked them to send a message to the ERC to call me, not heard anything back yet though unsuprisingly. No-one has managed to get an e-mail address for someone there which I find strange, I mean whats the difference to them whether I e-mail or send via snail mail. If anything its helping them as customer support told me that every letter has to go and be scanned and put onto a pc before it can be replied to.

 

A quick kind of off-topic question (well off my capital one mastercard anyway) can I send a pre-lim letter for my Capital One Visa just requesting that all charges on it are returned to me without quoting exact figures. By the time for the need for a Letter Before Action I should have the statements anyway. Just a thought I had to speed up the process for myself. I

Capital One - Mastercard - Claiming £720

CLAIM PAID IN FULL 25/10/06 £878.94

 

Capital One - Visa - Claiming £473.70 and £565

CLAIM PAID IN FULL 21/11/06 603.49

2ND CLAIM PAID IN FULL 30/1/07 £565.00

 

NatWest - Claiming £720

CLAIM PAID IN FULL 18/10/06 £951.06

 

Halifax Part One - Claiming £958

Pre-Lim Sent 11/9/06

Offered £450 28/9/06 - Refused

Link to post
Share on other sites

Thanks for the info! much appreciated. I have seen that some people have been called by the ERC, so I rang customer support (not the man customer services) and asked them to send a message to the ERC to call me, not heard anything back yet though unsuprisingly. No-one has managed to get an e-mail address for someone there which I find strange, I mean whats the difference to them whether I e-mail or send via snail mail. If anything its helping them as customer support told me that every letter has to go and be scanned and put onto a pc before it can be replied to.

 

A quick kind of off-topic question (well off my capital one mastercard anyway) can I send a pre-lim letter for my Capital One Visa just requesting that all charges on it are returned to me without quoting exact figures. By the time for the need for a Letter Before Action I should have the statements anyway. Just a thought I had to speed up the process for myself. I

 

you could do this but its proably better to wait for the statements, that way you are not correcting amounts, i dont think Capital One would be that helpful and give you a) amount in charges or b) the cash anyway!

 

the difference between e mail and snail mail is negligable really as a letter is deemed served after 2 days.

 

glad to help if i have click my scales:cool:

  • Confused 1
Link to post
Share on other sites

Hi today I have received a letter from Capital One saying the offer of £288 on my claim of £720 is a final offer and that it won't be increased any further. The deadline for my LBA is the 23rd of Sept (a week tomorrow). I am wondering as I have already given them 21 days and have a written statement that they will not negotiate any further in the forthcoming 7 days, can I start my claim now?. I mean I could prove to court if need be that waiting the extra 7 days would of been pointless.

Capital One - Mastercard - Claiming £720

CLAIM PAID IN FULL 25/10/06 £878.94

 

Capital One - Visa - Claiming £473.70 and £565

CLAIM PAID IN FULL 21/11/06 603.49

2ND CLAIM PAID IN FULL 30/1/07 £565.00

 

NatWest - Claiming £720

CLAIM PAID IN FULL 18/10/06 £951.06

 

Halifax Part One - Claiming £958

Pre-Lim Sent 11/9/06

Offered £450 28/9/06 - Refused

Link to post
Share on other sites

Can anyone help?, see above post. Also I only asked for charges to be refunded in my pre-lim letter and LBA, I didn't claim for interest that I have paid on those charges (something like 20 per cent APR) although I did say I would claim costs and interest if it went to court. What position does that leave me in do you think?.

Capital One - Mastercard - Claiming £720

CLAIM PAID IN FULL 25/10/06 £878.94

 

Capital One - Visa - Claiming £473.70 and £565

CLAIM PAID IN FULL 21/11/06 603.49

2ND CLAIM PAID IN FULL 30/1/07 £565.00

 

NatWest - Claiming £720

CLAIM PAID IN FULL 18/10/06 £951.06

 

Halifax Part One - Claiming £958

Pre-Lim Sent 11/9/06

Offered £450 28/9/06 - Refused

Link to post
Share on other sites

  • 3 weeks later...

Claim Filed On Moneyclaim Online Today For £720 + Interest + Costs

Capital One - Mastercard - Claiming £720

CLAIM PAID IN FULL 25/10/06 £878.94

 

Capital One - Visa - Claiming £473.70 and £565

CLAIM PAID IN FULL 21/11/06 603.49

2ND CLAIM PAID IN FULL 30/1/07 £565.00

 

NatWest - Claiming £720

CLAIM PAID IN FULL 18/10/06 £951.06

 

Halifax Part One - Claiming £958

Pre-Lim Sent 11/9/06

Offered £450 28/9/06 - Refused

Link to post
Share on other sites

  • 3 weeks later...

I put in my claim on 5/10/06 and it was acknowledged on the 11th, could anyone advise how long Cap One usually take to get in contact after acknowledging a claim?

 

Thanks!

Capital One - Mastercard - Claiming £720

CLAIM PAID IN FULL 25/10/06 £878.94

 

Capital One - Visa - Claiming £473.70 and £565

CLAIM PAID IN FULL 21/11/06 603.49

2ND CLAIM PAID IN FULL 30/1/07 £565.00

 

NatWest - Claiming £720

CLAIM PAID IN FULL 18/10/06 £951.06

 

Halifax Part One - Claiming £958

Pre-Lim Sent 11/9/06

Offered £450 28/9/06 - Refused

Link to post
Share on other sites

They may not get intouch Gareth they have till the 8th the may issue a defence or not both you should know about 24 hours after their time for defence runs out.

Keep your fingers crossed.

-------------------------

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

Link to post
Share on other sites

Thanks, its just that I noticed on these forums today that claims acknowledged from the 3rd to the 9th of October paid out today. So I'm hoping that in the next week I may be lucky. I was just wondering what the general give up time is with Cap One.

Capital One - Mastercard - Claiming £720

CLAIM PAID IN FULL 25/10/06 £878.94

 

Capital One - Visa - Claiming £473.70 and £565

CLAIM PAID IN FULL 21/11/06 603.49

2ND CLAIM PAID IN FULL 30/1/07 £565.00

 

NatWest - Claiming £720

CLAIM PAID IN FULL 18/10/06 £951.06

 

Halifax Part One - Claiming £958

Pre-Lim Sent 11/9/06

Offered £450 28/9/06 - Refused

Link to post
Share on other sites

My thoughts yesterday were right, they are having a burst of getting claims settled and are now settling claims acknowledged from the 9th Oct onwards.

 

CLAIM WON!

 

Cap One have agreed to pay the full amount £878.94 without any admission of liability. Thats a big difference from the £283 or so they offered! woo hoo!!!

 

:D :D :D :D :D :D

Capital One - Mastercard - Claiming £720

CLAIM PAID IN FULL 25/10/06 £878.94

 

Capital One - Visa - Claiming £473.70 and £565

CLAIM PAID IN FULL 21/11/06 603.49

2ND CLAIM PAID IN FULL 30/1/07 £565.00

 

NatWest - Claiming £720

CLAIM PAID IN FULL 18/10/06 £951.06

 

Halifax Part One - Claiming £958

Pre-Lim Sent 11/9/06

Offered £450 28/9/06 - Refused

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...