Jump to content


  • Tweets

  • Posts

    • No, reading the guidance online it says to wait for a letter from the court. Should I wait or submit the directions? BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?
    • Thanks for opening, it's been another rough year for my family and I've procastinated a little.. Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues. Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused. this has been allocated to small claims track, court date is June 3 and I've received their WS. I'm starting on my WS. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through. Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it? I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime. Wonder what your advice would be given the documents they have provided? I am now in a position to clear the debt either by lump sum or a few large installments - Is this something i should look into at this late stage? Thanks as always in advance
    • I have now received my SAR. It includes a great deal of information! Is there a time limit on how long account information is kept and/or can be provided to debtors? I have received many account statements which were not previously sent to me. I remember that the creditor should provide explanations of any acronyms and abbreviations that maybe used in the documents. Is this still the case? Also what, if any, are the regulations in regard to adding fees to a debt? Can fees be added to a debt after the court has approved a charge on a property. Perhaps due to the numerous owners of the debt, many payments I made were not properly recorded on the account, some were entered over a year after the payment was made! Following the Legal Charge, I paid every month until my payments were refused. I am trying to compute the over payments, but the addition of fees etc. is confusing me. Any comments and/or help would be appreciated.
    • did you submit your directions
  • 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

rogerebaker v Cap One ***SETTLED IN FULL***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6496 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

Dad? !!!!

 

Ok, back to serious made... good luck with it, keep us posted.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Link to post
Share on other sites

Im begining to like the Post Office.

 

Having only posted the letter yeterday afternoon its shown as delivered and signed for on their web site.

 

This web site is more addictive than my sons Tiger Woods playstation game, and that was very addictive.

7 actions in progress

 

amount refunded so far £6500

Link to post
Share on other sites

Capital One have started ringing my son every day demanding some sort of payment. He told them To stop ringing and put everything in writting. He also asked whether they had received the DPA request. They said they had not which is strange as it was shown as delivered on the Royal mail web site early last week.

 

They told him he would receive more penalties if he didnt pay about £100 immediatly. Bearing in mind the credit limit on this card is £200 and he owes about £800 at the moment due to the charges he told them to add it to the bill which he fully expectes to get back with 8% interest.

 

As part of the DPA Letter sent last week I informed them that I intended to challange the charges and to mark the account as in dispute. Hopefully they wont issue any sort of default notice. Am I correct in assuming that if you have indicated that the account is in dispute they cant serve this default notice.

7 actions in progress

 

amount refunded so far £6500

Link to post
Share on other sites

  • 3 weeks later...

Cap 1 rang son today demanding repayment of full balance or they will send account for collection. I assume that means default of some sort.

 

As mentioned previously when sending DPA I informed them that I would be claiming back the charges and to make sure the account was marked as in dispute.

 

Still no statements.

 

I will fire of a letter tomorrow reminding them of the DPA deadline. Is it the banking code that mentioned defaulting an account that is in dispute and if it is, does anyone know if Capital one subscribe to it.

7 actions in progress

 

amount refunded so far £6500

Link to post
Share on other sites

Statements from capital one arrived this morning. Probably the most comprehensive Ive had so far. I noticed that they were also charging payment protection insurance when on the application it clearly states he did not want it. Ill be getting that back as well.

 

Total £537.03p. letter will be sent RD on monday.

7 actions in progress

 

amount refunded so far £6500

Link to post
Share on other sites

  • 2 weeks later...

I have just noticed that in the letter from C1 they stated " the OFT has said it believes default fees of 12GBP are likely to be fair"

 

Well Ive read the OFT report in full and it dosnt say that at all. In fact I think this statement from C1 is very misleading at best, and misrepresents what the OFT actually said.

 

I have made a complaint to the OFT about Cap 1 statement I dont expect it will get anywhere but what the hell.

7 actions in progress

 

amount refunded so far £6500

Link to post
Share on other sites

Yes, you are quite right Roger, it doesn't say that at all.

 

Well spotted.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Link to post
Share on other sites

  • 2 weeks later...

Re the OFT complaint.

 

I had a phone call from Consumer direct who are funded by the OFT and deal with complaints etc etc

 

After explaining my point about the misleading statement in the C1 letter he went a bit silent and tried to tell me that the sum of 12 is allowed and is fair. he clearly didnt have a clue what he was talking about.

 

I asked him to pass the complaint to someone who had read the report and get back to me.

7 actions in progress

 

amount refunded so far £6500

Link to post
Share on other sites

Letter arrived today offering £176 in settlement. Without getting the calculator out I bet thats the difference between £12 and £20 refunded.

 

There was an interesting Typo in the offer letter.

 

"If you accept our offer your account balance will be £1550.34"

 

I have refused their offer of £176 but informed them if they wish to bring the account balance to £1550.34 I will be very happy to consider the matter dealt with.

 

I will file a claim with MCOL sometime this week.

7 actions in progress

 

amount refunded so far £6500

Link to post
Share on other sites

  • 4 weeks later...

Letter today from Cap 1

 

apparently I have no chance of winning and the claim is doomed to fail

 

so they have decided to settle in full. 536 quid :lol: :lol: :lol:

 

He can still keep the account open but they will continue to charge penalties for being over the limit etc etc.

 

You know where they can stick their account.

 

Personally Cap 1 are the worst of the worst glad to be rid of them

 

survey completed

 

Donation to be made when money cleared

7 actions in progress

 

amount refunded so far £6500

Link to post
Share on other sites

CONGRATULATIONS

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Link to post
Share on other sites

Congratulations, great work :)

 

Any I know how you feel about Capital One being the worst of the lot. I wonder whether we should make some mass complaint to OFTEL about their institutionalised harrasment telephone calls on late payers, etc?

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.

Link to post
Share on other sites

Good stuff!

Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage

Sisters NatWest - Claiming £1056 - SETTLED at AQ stage

Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage

GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08

MBNA: Claiming £150 - SETTLED IN FULL at LBA stage

HSBC: £1014 - SETTLED at LBA stage + pending charges removed

Sisters HSBC - £300 - SETTLED IN FULL at prelim stage

Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.

Capital One - claiming £605.54 -SETTLED IN FULL

 

 

 

DON'T FORGET TO DONATE!

Link to post
Share on other sites

  • 12 years later...

This topic was closed on 2019-03-08.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

7 actions in progress

 

amount refunded so far £6500

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6496 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

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...