Jump to content


  • Tweets

  • Posts

    • Good Evening, I received this pack yesterday its an application notice to change claimants. Will they be chasing me for this as they were successful with the first claim? many thanks Webb 1.Application Notice N244rd.pdf 2.Asset Transfer Deed r.pdf 3.Notice of Assignment Part A Letter 1 & 2rd.pdf 5.Claim Form rd.pdf 6.Draft Order rd.pdf
    • Hi, If they haven't followed the court's directions there will be little tolerance of the court. Anyway please can you upload a copy of the court paperwork
    • Yes, you should have applied for an immediate strike out as soon as the deadline expired. Without the agreement, they are stuffed Forget Barclaycard, Asset link is now the creditor, and it is down to them to provide the agreement.  That needs to go into the witness statement. They have not provided the agreement contrary to directions of the court and request the court strike out the claim as to the original court directions.
    • I did not receive a notice via post but in my claim status it shows my claim was transferred to a court I requested in my DQ, as it is closer to me.    Defense I filed:  1.       The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2.       The defendant paid the lead tenant a fixed sum monthly bill without fail for the extent of the rental period of the accommodation their contract was associated with who was responsible to make payments to the claimant, ending in June 2023. 3.       After moving out, a month later, the claimant wrote to state that an outstanding sum existed. Further stating, as one of the 10 tenants at the time, I now owed them the full sum instead of my 1/10 proportion of said debt, as 10 students were at the dwelling. They also intimated that they were legally allowed to charge me the full sum if the other renters were not to pay their share under some equal and joint severity rule. 4.       Despite sending numerous requests prior to the court claim being raised for copies of said bills for said utilities covered by the agreement, the claimant failed to send any clear bills. This included a CPR 31.14 on xx/xx/xxxx sent via post. 5.       The defendants stress that they acted in good faith to settle the outstanding balance, as evidenced by the confirmation received from the claimant.  Any subsequent demands for additional payments are unwarranted and contradict the claimant's previous acknowledgment of settlement. 6.       Pursuant to OFGEM code of back billing rules the alleged charges relate to charges which have not been billed correctly by Co-operative Energy and are therefore prevented from charging. With the court’s permission the Claimant is put to strict proof to: - a) show and disclose how the Defendant has entered into an agreement. b) show and disclose how the Claimant has reached the amount claimed. c) show how the Claimant has the legal right, either under statute or equity to issue a claim. 7.As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation                  that the money is owed. 8.It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
  • 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

Are Capital One ignoring me!!!


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

Thread Locked

because no one has posted on it for the last 6343 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

Hello I wonder if any one could give me some advice?

 

I sent O/H's S.A.R off on 14th November, however have noted through Online Banking that as of 2nd December they have not cashed the cheque and have heard nothing yet.

 

Are they ignoring receiving the request? (I mistakenly did not send it recorded:rolleyes: .

 

I do not really want to send another £10 cheque off as its my luck they will then cash the other.:roll:

 

Any advise please :???:

 

Thanks

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

Link to post
Share on other sites

They are not ignoring you, merely utterly incompetent and unable to handle the sheer volume of such requests, Prelim letters and LBA's.

 

You sent the letter, now if you wish, send them a reminder, informing them that they have xx number of days left until the 40 day deadline expires.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

Link to post
Share on other sites

They are not ignoring you, merely utterly incompetent and unable to handle the sheer volume of such requests, Prelim letters and LBA's.

 

You sent the letter, now if you wish, send them a reminder, informing them that they have xx number of days left until the 40 day deadline expires.

 

Thanks hagenuk for your advise. I think I will do that tomorrow. I was wondering if they are having to employ more people in the banks to cope with the inundation of requests:p .More money having to be paid out:grin:

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

Link to post
Share on other sites

  • 2 weeks later...

Hi I hope someone can answer some questions I have before I send my Prelim off.

 

I am not sure which letter to use first the Prelim or this titled Credit/Store Card Letter Template to start the claim off.

 

Also, I have decided to add compounded contractual interest to the claim straightaway instead of statutory 8% at the MCOL stage.

 

THINKING AHEAD.........

 

Am I able to proceed with MCOL if they refuse. (I am sure they will) or do I have to use a N1 form. :confused: I know I am jumping ahead, just want some pre knowledge.

 

THANKS MILLY:)

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

Link to post
Share on other sites

Use the prelim but replace:

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations

with 'late payment and over the limit fees' and again in the 'What I Require' paragraph.

 

For contractual use N1 since you need to add this in your POC's and it won't fit at MCOL:

 

"The Claimant also claims interest at a rate of xx%, from the date of each transaction to (date of claim) of £xxxxxx, as set out in the attached list of charges. The claimant further claims interest at the same rate up to the date of judgement or earlier payment, at a daily rate of £xxxxx per day.

The Claimant believes this rate to be justified under the principle of mutuality and reciprocity, and is based on the Defendants overdraft interest rate that would be applied under the terms of the above mentioned account.

Should the court find that this interest rate is not applicable, then as an alternative the Claimant wishes to claim interest pursuant to section 69..etc......"

 

  • Haha 1
Link to post
Share on other sites

Hey there!

Good luck against cap one, seems we are at the same stage! Out of interest, which spreadsheet did you use?...The simple version or the advanced version?

xx

willowthewysp

Action so far...

:!: Alliance and Leicester>>>PAID IN FULL:D

 

:!: Capital One>>>£1025.19

07nov06>sent S.A.R....

01dec06>statements received...

27jan07>sent pre-lim...

10feb07>sent LBA...

Court claim has been sent...waiting reply

:!: Payment Protection on Capital One>>>

23dec06>refund credited to account!

Link to post
Share on other sites

Hey there!

Good luck against cap one, seems we are at the same stage! Out of interest, which spreadsheet did you use?...The simple version or the advanced version?

xx

 

 

Hello willow :) and its sent!!!!

 

I sent the prelim off yesterday recorded delivery!:D

 

I used spread sheet 13 the simple one! It worked out over £600 in interest :shock: !

 

I am not sure about the 14 days though that I have given them because of the Xmas period!!! I gusee I should give them a little bit longer (being nice!!!)

 

We will have to update eachother;)

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

Link to post
Share on other sites

Hi I sent my prelim off on 13th December, however am a bit concerned as to the address that I sent it to.

 

I sent it to:

Capital One Bank (Europe) Plc

350 Euston Road

London

NW1 3JJ.

 

It seems I believe that others have used a Nottingham address. I wish I had looked.:rolleyes:

 

Will this be ignored now and should I submit a new prelim to Nottingham or will they pass it on:?:

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

Link to post
Share on other sites

They should pass it on.I would use the Nottingham address and send them another. That's where Robert Udy is based.His name appears on most letters.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

Hi Milly. Just clicking in here, so I can help on this thread (if you want !!).

Now you've sent your prelim (and, yes, by all means give them more time than 14 days - it gets you brownie points in case you need them later.)

 

What I think you need to do now is to make sure that you've got your figures right. Decide if you are going to claim the higher rate, and if so, then you need to have your spready ready in time for your LBA. Vamps Google spreadies only work with one interest rate at a time, but that's all you need for the LBA spready. You won't need the lower rates until you submit your CC claim. The main thing is to get your spready sorted with the higher rate on it, and have your LBA ready to send with this, when the time comes.

 

I'm hoping to have a look at modifying one of Vamps sheets to show several rates of interest, so you can just submit one sheet to the court. Remind me if I don't get back to you about this. Another aspect of these claims is the idea of claiming back the interest that you were actually charged on the penalties, along with the interest on that. There are columns in the spreadies for doing this, but I haven't actually claimed that myself, as yet, as it took a bit of extra effort to work out. But you need to look into that for yourself and decide now if you want to do that. It may well add even more to your claim, so consider it. Take the time now to read up on relevant stuff.

 

Catchulater,

 

Bill.

Link to post
Share on other sites

Hi Milly. Just clicking in here, so I can help on this thread (if you want !!).

 

Thanks bill-k I would like that:)

 

Now you've sent your prelim (and, yes, by all means give them more time than 14 days - it gets you brownie points in case you need them later.)

I will because of Xmas (and Im a nice person!):D

 

What I think you need to do now is to make sure that you've got your figures right. Decide if you are going to claim the higher rate, and if so, then you need to have your spready ready in time for your LBA. Vamps Google spreadies only work with one interest rate at a time, but that's all you need for the LBA spready. You won't need the lower rates until you submit your CC claim. The main thing is to get your spready sorted with the higher rate on it, and have your LBA ready to send with this, when the time comes.

 

I will do that, however what will Cap 1 think about the other rate:idea:

 

I'm hoping to have a look at modifying one of Vamps sheets to show several rates of interest, so you can just submit one sheet to the court. Remind me if I don't get back to you about this. Another aspect of these claims is the idea of claiming back the interest that you were actually charged on the penalties, along with the interest on that. There are columns in the spreadies for doing this, but I haven't actually claimed that myself, as yet, as it took a bit of extra effort to work out. But you need to look into that for yourself and decide now if you want to do that. It may well add even more to your claim, so consider it. Take the time now to read up on relevant stuff.

 

That would be fantastic:) if you could! However, as you know I only did the simple one with just compounded contractual.

 

Catchulater,

 

Bill.

 

 

Thanks again:)

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...