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    • what time do you have to go in today? I am wondering whether it might not be a good idea to go in with the letter of claim and if there is any mucking around them to hand it to them.   We would have to draft something appropriate.   in any event I think you should prepare an sar and take it with you and hand it to them make sure that they realise what it is. Hand it to a senior manager.   Use our sar template here.   I think that they are starting to lead you around by the nose and I think that you should take control and make sure that they realise but there is only a short time before it goes legal. A letter of claim would be the best thing to do in addition to the sar     
    • The bank is yet to say if it will shed more jobs beyond the 35,000 it flagged earlier this year. View the full article
    • The bank is yet to say if it will shed more jobs beyond the 35,000 it flagged earlier this year. View the full article
    • go back and read what andyorch said in my above links about a DEED of assignment NOT being a Notice Of Assignment. its a general document for a portfolio of MANY debts they bought on a spreadsheet, NOT specifically relating to YOUR Agreement. but your was like all others, a single line in a spreadsheet.    the sheriff has specifically asked for the NOA and the Default Notice ...neither of which the fleecers have provided, merly a load of ole twaddle like trump does to divert attention away from those NOT being provided.   forget the stuff about LOP 1925 etc that a NOE is NOT applicable in scotland , the sheriff has asked for it..end of!!   bedtime reading particularly regarding default notice sec 87 https://www.consumeractiongroup.co.uk/forum/showthread.php?484300-Cabot-nolans-SPC-Claim-Old-Next-CAT-Debt(2-Viewing)-nbsp&p=5119630#post5119630   read from about post 70.   as for the written submission. i'll find an example later.   dx      
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
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      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Noumidia Vs Capitalone


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Hi

 

I made a claim against Capital one about the charges in 2014 by sending the first letter then followed by LBA.

 

On 14th April 2014, I received a letter from Capital one refused to refund the charges and they stated in their letter

“Financial regulations require me to advise you that this is my final response in relation to this matter.

If you fell I have not resolved your complaint to your complete satisfaction,

you now have the option to contact the Financial Ombudsman Service with six months from the date of this letter.”

 

I know I should have taken the case to the court sooner after I received the rejection letter for the claim.

 

On February 2017, I decided to make fresh claim and I send LBA,

Capital One replied to my LBA by saying

“Please refer to our letter dated 14th April 2014,

which was our final response on this complaint.”

 

Also the keep saying I had the chance to contact FOS within 6 months from the date of our final response.

My question is can I still file a claim through a small claim court?

capital#21_02_2017.pdf

capital#16_11_2016.pdf

capital#14_04_2014.pdf

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don't forget you have to abide by the new pre action protocol now

it changed 1st oct.

 

dx

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

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Yes because it works vice versa... Claimant claims money for charges etc

the new debt protocol says '...This Protocol applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual...'

 

ps

could you imagine a bank/business having to fill out the reply form, and income and expend form, and seeking debt advice from cab etc. that would be interesting. :)

IMO

:-):rant:

 

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Hi

I send a Sar I. 2014 and received the whole pack as usual.

 

However the statement is back dated from 2002 even the a/c was open in 1999.

 

Between 2002 and 2004 there are about £500 of charges in late and cover! Iimit fee.

 

My question are

1) Should I file a court claim ignoring the charges before 2002?

 

2) Is possible to file a claim directly to my near county court ?

 

Thank you for your assistance

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  • 2 weeks later...

have you had a look at their brief guide

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/639667/MCOL_Userguide_for_Claimants_August_2017.pdf

 

if you're not comfortable doing the extra re the PoC, then it may be easier for you to do it on paper.

 

see what the guys suggest.

 

broken link above, try this one

https://www.gov.uk/government/publications/money-claim-online-user-guide

IMO

:-):rant:

 

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Hi Ford

 

 

I think, MCOL it's little complicated and I am more comfortable with filling N1 as I did against Barclay and Lowell. As the claim is over 5k I want to make sure everything is right, Cap1 are more harder to deal with but take my chances with them as they give me hard time 10 years ago default,CCJ and charging order which still stand.

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forgot to add

also, now, a paper n1 for a fixed money claim should be sent to the money claims centre, salford.

the fee is also a bit more when doing paper.

IMO

:-):rant:

 

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  • 2 weeks later...

Hi

I went today to my local Croydon County Court to hand my N1 as my Poc does not fit MCOL's Poc,

sadly all counter services were shut down few months ago.

 

If phoned MCOL help line and advised to send the N1 to Salford with the fees as a cheque or a postal order

however, i don't have a cheque book anymore.

 

MCOL advised to send the extra Poc to the defendent within 14 days of the claim being issued with a covering letter and fill the N215.

 

My question is

1) Does anyone has a template for a short statement to fill up the part5 of MCOL form?

 

2) Do i need to tick the right to claim interest under the county court or not to tick it and include the county court interest in Poc?

 

Thanks in advance for any assistance

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  • 1 month later...

Anyone know how is the fees for allocation questionnaire, few years ago was £40. I couldn't find it in Ex50 leafle as the deadline is 29 January. Any assistance would be appreciated and thanks

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it is defended then?

no fee for aq, it just needs to be completed and filed in time.

you didn't see the user guide info i posted then.

:)

IMO

:-):rant:

 

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Hi Ford

Probably I missed the link, but thanks for the reply and I am not forgetting your assistance last time when with a successful claim against Barclay card in 2013. I am pleased you are still around.

Thank you

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sorry, to double check,

you are the claimant?

at what stage are you at

have they defended, and it is now proceeding after you have paid the fee to continue?

you may need to pay a fee

IMO

:-):rant:

 

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Anyone know how is the fees for allocation questionnaire, few years ago was £40. I couldn't find it in Ex50 leafle as the deadline is 29 January. Any assistance would be appreciated and thanks

 

Replaced by the hearing fee which is paid later after allocation and detailed within the Notice of Allocation.....amount ...date to be paid.

 

 

Andy

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Hi all

Here is the update of the claim from MCOL

 

 

  • You submitted a claim on 08/12/2017 at 15:00:42
     
  • Your claim was issued on 11/12/2017
     
  • Capital One (Europe) plc filed an acknowledgment of service on 19/12/2017
     
  • A bar was put in place for Capital One (Europe) plc on 12/01/2018
     
  • Capital One (Europe) plc filed a defence on 12/01/2018
     
  • DQ sent to Capital One (Europe) plc on 12/01/2018
     
  • Capital One (Europe) plc filed a DQ on 30/01/2018DQ filed on 30/01/2018.
     

Capital1 is playing Hard ball but I will go all the way until the hearing day and start preparing the defense

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