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    • Sorry, I may have forgot to get back on this. Please monitor for a reply tomorrow
    • Yes, now its just about getting the WS / Court bundle finalised to send to the court / Evri. I've attached the most recent version of the WS / Court bundle to save having to scroll back up to the previous post (#204) where it was also shared. If you, @BankFodder or anyone else has any feedback on this, i'd be grateful for your thoughts. In my previous post #204, i'd also attached an invoice from Packlink which shows that I was charged by Packlink for these services: "drop-off at Her mes - Next day delivery" and "Proof of Delivery". It also has the payer's address and there are "Origin" and "Destination" fields which have the postcode of the sender [origin] and the recipient [destination] - I have redacted personal details in the attached invoice.  I am already including this in my evidence bundle (without the redaction) but wanted to share this redacted version so that other people can consider this as example in their bundle of Packlink and Evri's contract being instigated by the sender of the parcel who has paid for the service, and further shows that there is information in the invoice to identify that a third party beneficiary (the sender / recipient) is involved in this transaction. I have also attached this redacted invoice in this post to save having to scroll back up. Happy to get any thoughts and if this invoice is no good, then please let me know.   Draft - Witness Statement and Court Bundle redacted.pdf Packlink invoice - REDACTED.pdf
    • Does anyone know if I would be allowed to record conversations with health professionals for my own use on my phone without them knowing. I know that we are allowed to record phone calls. I do record some of my phone calls for my own use due to my disability and if anything is said then I am covered. I would only record audio in private area's of myself and the professional dealing with me. I know I could not get and other persons audio in it and I don't intend to. my only other option is to buy a body cam but I am not sure the rules regarding this.I never thought i would have to but things are getting worse Thanks for any guidance 
    • Thanks for that. I will give them till Tuesday. Thanks for your help, very much appreciated. 
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Are Capital One ignoring me!!!


millymollymoo
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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

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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

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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

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  • 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

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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......"

 

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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!

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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

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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

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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

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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.

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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

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