Tanzarelli v Cap One... £ + default **WON**

[jonni2bad]

Please review figures shown.... I think they are correct based on the level of charges v the amount that their settlement letter states you owed to avoid the default notice.

 

Your PM stated the default value as only £91, so I'm not sure how these fugues differ so much.

 

Maybe it's just late!

[TANZARELLI]

Thanks for that J2B, I have added some bits at the bottom and changed the figures. Have I done so correctly?

 

Angela Wilson

Executive Office

Capital One Bank (Europe) plc

PO Box 5281

Nottingham

NG2 3HX

 

20th January 2007

 

Re: County Court Claim number ********

 

Dear Ms Wilson

 

I write in response to you ‘settlement offer’ letter dated 16th January 2007 and acknowledge receipt of this.

 

I reiterate that my claim is in 2 parts and they are intrinsically linked.

I thank you for your attempted settlement even if it was short of the daily rate of interest amount, but since you are unwilling to see the correlation between the unlawful charges imposed on my account and the subsequent default notice, I must inform you that I do not agree to the settlement offered and my claim will continue through the courts.

 

I am confident of my position and believe that I will be able to show a Judge that I was never lawfully indebted to you by the amount that is shown on the default register, or at all.

 

At the time of the default notice, you had imposed £820.00 in unlawful penalties. By offsetting this amount against the actual balance of the account, my financial position would have been a positive balance of £98.00 (this figure is £918 default amount - £820 charges total, is this right J2B? – thus the information passed to Credit Reference Agencies was inaccurate.

 

In your settlement offer letter, you refer to the position of the account and state “Your account defaulted with a balance that did include fees…”

With this in mind, it is clear that you understand the basis of my argument. Whilst you are attempting to persuade me that those charges were not unlawful, I would remind you that I am fully convinced that they are. It is a County Court Judge that you will need to convince otherwise.

 

Clearly I have no power to stop you from crediting my account, but I wish to make it perfectly clear to you that your actions should not be interpreted as an agreement on my part. If I receive any monies directly from your organisation in relation to this settlement offer then they will be returned immediately.

 

Should you wish to review your position with regard to removing the default from my credit files then I would be more than happy to enter into further discussion with you in the hope that you might avoid wasting the court’s valuable time.

 

In addition to this you will be aware that, on the 3rd January I made a request for a copy of my original signed credit card agreement. I allowed for the 14 working days required which bought us up to Friday 19th Jan 2007. I am still without this information and you have received a postal order for £1.00, so I suggest that you send this information by return. I must also make you aware that again on the 3rd Jan 2007, I sent you a subject access request together with the statutory £10 fee, and as of today’s date you now have 23 days in which to comply. If you fail to comply with this request then I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

I trust that this clarifies my position.

 

 

Yours faithfully

[TANZARELLI]

They also forgot to add daily rate of interest which is 16p per day currently standing at £3.36 and will continue.

[jonni2bad]

Your name

Street

Town

City

Postcode etc

Angela Wilson

Executive Office

Capital One Bank (Europe) plc

PO Box 5281

Nottingham

NG2 3HX

19th January 2007

Re: County Court Claim number ********

Dear Ms Wilson

I write in response to you ‘settlement offer’ letter dated 16th January 2007 and acknowledge receipt of this.

I reiterate that my claim is in 2 parts and they are intrinsically linked.

I thank you for your attempted settlement, but since you are unwilling to see the correlation between the unlawful charges imposed on my account and the subsequent default notice, I must inform you that I do not agree to the settlement offered and my claim will continue through the courts.

I am confident of my position and believe that I will be able to show a Judge that I was never lawfully indebted to you by the amount that is shown on the default register, or at all.

At the time of the default notice, you had imposed £802.00 in unlawful penalties. By offsetting this amount against the actual balance of the account, my financial position would have been a only £98.00 – thus the information passed to Credit Reference Agencies was inaccurate.

In your settlement offer letter, you refer to the position of the account and state “Your account defaulted with a balance that did include fees…” With this in mind, it is clear that you understand the basis of my argument. Whilst you are attempting to persuade me that those charges were not unlawful, I would remind you that I am fully convinced that they are. It is a County Court Judge that you will need to convince otherwise.

Clearly I have no power to stop you from crediting my account, but I wish to make it perfectly clear to you that your actions should not be interpreted as an agreement on my part. If I receive any monies directly from your organisation in relation to this settlement offer then they will be returned immediately.

Should you wish to review your position with regard to removing the default from my credit files then I would be more than happy to enter into further discussion with you in the hope that you might avoid wasting the court’s valuable time.

I should also clarify that you have failed to include the daily rate of interest accruing since the date of claim which is £0.16p per day.

I trust that this clarifies my position.

Yours faithfully

[signature]

[Print name]

[TANZARELLI]

I will amend accordingly however you have got figure wrong as it was £820. I have added some other bits ie CCA request and SAR date etc, is this ok.

[TANZARELLI]

J2B, Is there some better wording re the failure to supply CCA?

[TANZARELLI]

If you think its ok J2B, I have added some bits re CCA request and daily rate at bottom. Also pinched a line from something you posted Bill-K.

 

I missed the post office today as was on here and then slept as had banging headache. Anyway, here is what I am going to send Monday.

 

Angela Wilson

Executive Office

Capital One Bank (Europe) plc

PO Box 5281

Nottingham

NG2 3HX

 

22nd January 2007

 

Re: County Court Claim number ********

 

Dear Ms Wilson

 

I write in response to your ‘settlement offer’ letter dated 16th January 2007 and acknowledge receipt of this.

 

I reiterate that my claim is in 2 parts and they are intrinsically linked.

I thank you for your attempted settlement, but since you are unwilling to see the correlation between the unlawful charges imposed on my account and the subsequent default notice, I must inform you that I do not agree to the settlement offered and my claim will continue through the courts.

 

I am confident of my position and believe that I will be able to show a Judge that I was never lawfully indebted to you by the amount that is shown on the default register, or at all.

 

At the time of the default notice, you had imposed £820.00 in unlawful penalties. By offsetting this amount against the actual balance of the account, my financial position would have been a positive balance of £98.00 – thus the information passed to Credit Reference Agencies was inaccurate.

 

In your settlement offer letter, you refer to the position of the account and state “Your account defaulted with a balance that did include fees…”

With this in mind, it is clear that you understand the basis of my argument. Whilst you are attempting to persuade me that those charges were not unlawful, I would remind you that I am fully convinced that they are. It is a County Court Judge that you will need to convince otherwise.

 

Clearly I have no power to stop you from crediting my account, but I wish to make it perfectly clear to you that your actions should not be interpreted as an agreement on my part. If I receive any monies directly from your organisation in relation to this settlement offer then they will be returned immediately.

 

Should you wish to review your position with regard to removing the default from my credit files then I would be more than happy to enter into further discussion with you in the hope that you might avoid wasting the court’s valuable time.

 

In addition to this you will be aware that, on the 3rd January I made a request for a copy of my original signed credit card agreement. As a member of the Consumer Action Group, I am aware that you are obliged to supply these documents within 12 days, under S189 of the Consumer Credit Act 1974. I allowed for the 12 working days required which bought us up to Wednesday 17th Jan 2007; I even then gave you a few extra days as a gesture of good will. I am still without this information and you have received a postal order for £1.00, if you cannot supply this, then I expect you to write to me stating your reasons why it can not be produced, I will then expect the fee to be returned and will consider a separate action to deal with this matter. I suggest that this information is forwarded to me by return.

 

I must also make you aware that again on the 3rd Jan 2007, I sent you a subject access request together with the statutory £10 fee, and as of today’s date you now have 21 days in which to comply. If you fail to comply with this request then I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

I should also clarify that you have failed to include the daily rate of interest accruing since the date my claim was issued, which is at a rate of £0.16p per day.

 

I trust that this clarifies my position.

 

 

Yours faithfully

[TANZARELLI]

One other thing, do you think I should write to the court to inform them of these developments, if so should I just infom them that they have attempted to settle part of the claim but their offer has been refused due to their refusal to remove default and inaccurate fee with regards to daily rate.

 

Any thoughs J2B et al?

[jonni2bad]

I don't think you need to let the court know just yet - there should be an opportunity to let the Judge know the score at a later point.

 

I have made a small amend in red above, I think this should be deleted. The remainder seems fine to me...

[TANZARELLI]

Thanks a lot J2B, will get that sent off tomorrow.

 

Appreciated loads. Will keep you posted.

 

Tanz

[TUTTSI]

Hi Tanz

Sorry that I did not respond earlier to your thread, I have been out all day and have just returned, I had show my cousins son arround London and he is only here for a few days. I have read the letter and the changes that J2B has made make it a very good letter. So good luck with it and hope that they listen to you and remove it.

I recomended yesterday to another CAG member to look at your thread that also wants to get their default removed, as I feel you are more advanced.

Regards

DS

[TANZARELLI]

Hi Tanz

Sorry that I did not respond earlier to your thread, I have been out all day and have just returned, I had show my cousins son arround London and he is only here for a few days. I have read the letter and the changes that J2B has made make it a very good letter. So good luck with it and hope that they listen to you and remove it.

I recomended yesterday to another CAG member to look at your thread that also wants to get their default removed, as I feel you are more advanced.

Regards

DS

 

Thanks DS, Glen had been helping me with my Barclaycard response too and I see he had posted it on someone else's thread too. Good to shre the info with others, thats what this site is all about. Thanks again.

 

Tanz:D

[smel24]

Hi Tanz,

 

I was recommended to your thread by DS (as he says) and have read through with interest; it would seem that I am literally a day behind you in the same position - I received my letter from Ms Wilson saying "here's your cash but no default removal" on the 17th Jan

 

I hope you don't mind but I've pinched your above letter which I will alter with my details and post on my thread for opinions first; my thread is: http://www.consumeractiongroup.co.uk/forum/capital-one/42034-smel-c1-refund-plus.html

You'll also notice my claim is less than yours which leads me to believe you have a better chance than me at winning this! Maybe if we can storm Ms Wilson's desks with letters she'll give in...

 

I don't suppose you've come across any successful winners against C1 who've had their default removed too or are we the first?

 

Anyway, I'll be watching your claim closely. Good Luck!

[TANZARELLI]

Hi just posted on your thread.

 

Duly subscribed.

 

Tanz

[TANZARELLI]

Well the refusal of settlement letter went off yesterday only 1st class post as PO Box address however got proof of postage just in case. Just a matter of waiting now to see the result of it. Not recieved a cheque from them either, so cant fire that back at them.

 

Will post when I have an update.

 

Tanz.

[thatfellow]

Great thread. I'm about to set out on the same road as you Tanzarelli- claiming charges + default removal with Capital One, Sainsbury's and Barclaycard. Has anyone ever had their default removed by the banks, or are Capital One unusual in their stubborn resistance to removing the default?

[TANZARELLI]

Great thread. I'm about to set out on the same road as you Tanzarelli- claiming charges + default removal with Capital One, Sainsbury's and Barclaycard. Has anyone ever had their default removed by the banks, or are Capital One unusual in their stubborn resistance to removing the default?

 

Yes people have had defaults removed but I have yet to come across anyone from Cr@p Un. If you find them let me know.

 

However I have come this far so not going to be bullied into backing down, i will be working on my case and trying to get as well prepared as possible. However it will at the end of the day more than likely depend on the judge on the day. I will have to cross that bridge if and when it comes. I am confident that i am right though so thats what i am concentrating on.

 

Thanks

 

Tanz

[jonni2bad]

... are Capital One unusual in their stubborn resistance to removing the default?

 

No, all organisation will likely fight this kind of claim. If you are asking for a default removal as part of the claim for charges refund, you are quite likely to have a day in court - unlike 'simple' bank charge only claims.

 

There is far more at stake for banks if a ruling is made against them on this issue, not least the potential for damages. You have to be aware of the amount of work required in studying the issues surrounding these claims and putting together your evidence etc.

 

You might wish to see an unhappy ending to one of these claims, in the hope that you can learn from it... See the link to my Halifax claim in my signature.

[bill-k]

Willowb has won charges with Cap One, and then gone back for default removal I believe. Ongoing - may be of interest. She's got other defaults on the go, too (NW & Abbey), so she's getting quite an expert !!!

 

http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/41399-willowb-capital-one.html

[TANZARELLI]

No, all organisation will likely fight this kind of claim. If you are asking for a default removal as part of the claim for charges refund, you are quite likely to have a day in court - unlike 'simple' bank charge only claims.

 

There is far more at stake for banks if a ruling is made against them on this issue, not least the potential for damages. You have to be aware of the amount of work required in studying the issues surrounding these claims and putting together your evidence etc.

 

You might wish to see an unhappy ending to one of these claims, in the hope that you can learn from it... See the link to my Halifax claim in my signature.

 

I agree Jonni about the likelyhood of court. I will be putting my arguement together as well a trying to anticipate some of their arguements with a view to having a detailed response to them.

 

Its a big learing curve for anyone who starts out reclaiming and we are all still learning, and sharing which is what makes this site so good. My day in court will come and we will see how I fair, all that I can do is my best and pass on my results to others to learn from, as you did so well in your Halifax thread. Definately worth a read if anyone reading this has not already done so.

 

Wise word J2B

 

Tanz

[Guest willowb]

Willowb has won charges with Cap One, and then gone back for default removal I believe. Ongoing - may be of interest. She's got other defaults on the go, too (NW & Abbey), so she's getting quite an expert !!!

 

http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/41399-willowb-capital-one.html

:o Bill!!!! Shup up!!!!

 

I'm not an expert but do have experience in this area. I'm currently after 2 default removals, have successfully had 2 removed and am now after Crap One for the removal of not a default but the marker '6' on my/our file which is the one just before a default.

 

Though thank you for the 'big up' big guy;)

 

Wxxx

[TANZARELLI]

Still its pretty good going you must admit willow.

[bill-k]

Still its pretty good going you must admit willow.

SHE won't admit it, but I know for a fact this gal's red hot !!

[TANZARELLI]

On fire. lol

[TANZARELLI]

Still no cheque to send back or reply to my letter sent Monday, perhaps their sorting out wether its worth a day in court for them. lol

 

Doubt it with these muppets.