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

[TANZARELLI]

Thanks for that have a blob.

 

Tanz

[jonni2bad]

happyh - I'm not sure what website you are referring to and to be honest I don't want to know.

 

If the default has been caused by unlawful penalty charges then the request for a removal should go with the claim for a refund. Any company that says it can get a default removed from your files would charge you a fee and not actually deliver the goods - they would be looking at ways in which to play with rules and regulations just in case something had been missed (like notification of the default).

 

If a default has been fairly placed on a credit file, then no company will be able to remove it for you.

[happyh]

jonni2bad,i cant believce that you would think anyone who posts on this sight would direct a fellow struggler to a company who would charge for their help,the website is a complete story of someone in our position who managed to get the default notices removed from his credit file,and if you are a sample of the moderators on this site i think ill unsubscribe now,i find your message offensive and will pass mymthoughts to whoever i need to.my sole aim was to help tanz with his query,not to send him to someone who would charge him.

[jonni2bad]

If you wish to reply in public, then perhaps you can also reply to the other points raised in my PRIVATE message to you - specifically to avoid having to become involved in some kind of public slanging match.

 

You have been advising users to claim for charges over £12.

 

You have been advising users to claim section 69 interest from the date of the OFT ruling rather than the date of the charge being imposed.

 

You have been advising members NEVER to accept partial payment offers.

 

With the above in mind, I think it was perfectly reasonable of me to assume that you were directing people to a site that they did not need - you could, of course, have simply replied to my PM and let me know the website was simply a person's story.

 

I have had to moderate numerous posts of your this evening and I make no apology for attempting to protect other users from misleading information that could potentially affect their claim.

 

If you wish to contact me about these issues, please do so, otherwise I would suggest several days in the FAQ section might just cure the problem.

 

Please don't use this thread to continue this conversation - it is simply hijacking an otherwise useful discussion.

[Armsoft]

If you wish to reply in public, then perhaps you can also reply to the other points raised in my PRIVATE message to you - specifically to avoid having to become involved in some kind of public slanging match.

 

You have been advising users to claim for charges over £12.

 

You have been advising users to claim section 69 interest from the date of the OFT ruling rather than the date of the charge being imposed.

 

You have been advising members NEVER to accept partial payment offers.

 

With the above in mind, I think it was perfectly reasonable of me to assume that you were directing people to a site that they did not need - you could, of course, have simply replied to my PM and let me know the website was simply a person's story.

 

I have had to moderate numerous posts of your this evening and I make no apology for attempting to protect other users from misleading information that could potentially affect their claim.

 

If you wish to contact me about these issues, please do so, otherwise I would suggest several days in the FAQ section might just cure the problem.

 

Please don't use this thread to continue this conversation - it is simply hijacking an otherwise useful discussion.

 

 

Top man jonni2bad - tell em how it is mate:D

[TANZARELLI]

If you wish to reply in public, then perhaps you can also reply to the other points raised in my PRIVATE message to you - specifically to avoid having to become involved in some kind of public slanging match.

 

You have been advising users to claim for charges over £12.

 

You have been advising users to claim section 69 interest from the date of the OFT ruling rather than the date of the charge being imposed.

 

You have been advising members NEVER to accept partial payment offers.

 

With the above in mind, I think it was perfectly reasonable of me to assume that you were directing people to a site that they did not need - you could, of course, have simply replied to my PM and let me know the website was simply a person's story.

 

I have had to moderate numerous posts of your this evening and I make no apology for attempting to protect other users from misleading information that could potentially affect their claim.

 

If you wish to contact me about these issues, please do so, otherwise I would suggest several days in the FAQ section might just cure the problem.

 

Please don't use this thread to continue this conversation - it is simply hijacking an otherwise useful discussion.

 

Well I think i'll stay out of this one, seems theres a bit of previous here. Thanks for keeping an eye jonny2bad. I think my question has been answered though. The reason my fee still cost £80 even though it was including the default removal was because it was linked to one claim which was monetary and under the value of £1K. Willowb pm'ed me.

 

Thanks anyway.

 

Tanz

[TANZARELLI]

Well here it is, at long last.

 

Claim Number 6WR03176

Charges £820.00

Interest £133.92

Court fee £80.00

Total £1033.92

Daily Rate £0.16

Default Removal

 

Issued on 19th December 2006

Sent to Defendant 1st Class on 28th December (why it took that long i'll never know)

Deemed Served 30th December 2006

Defendant now has until 15th December 2007 to acknowledge

 

Tanz

[bill-k]

Well here it is, at long last.

 

Claim Number 6WR03176

Charges £820.00

Interest £133.92

Court fee £80.00

Total £1033.92

Daily Rate £0.16

Default Removal

 

Issued on 19th December 2006

Sent to Defendant 1st Class on 28th December (why it took that long i'll never know)

Deemed Served 30th December 2006

Defendant now has until 15th December 2007 to acknowledge

 

Tanz

Well done, Tanz !! The delay was probably due to court closure over Christmas. Acknowledgement due 15th January, I take it !!

Something to look forward to in the New year !!

 

All the best with it, mate.

 

Bill.

[TANZARELLI]

Well done, Tanz !! The delay was probably due to court closure over Christmas. Acknowledgement due 15th January, I take it !!

Something to look forward to in the New year !!

 

All the best with it, mate.

 

Bill.

 

On the nose bill, how did you guess. lol

 

Yes 15th Jan it is.

 

Just the default which is prob going to slow things up I feel.

 

They may surprise me though. We can only hope, eh?

 

Tanz

[TUTTSI]

Hi Tanz

Good luck with your claim, won't be long now. Mine is almost well nearly settled they seem to have settled the court fees and the interest, but no sign yet for the return of the charges. Will speak to their Solicitors on Tuesday morning.

ds

[TANZARELLI]

Hi Tanz

Good luck with your claim, won't be long now. Mine is almost well nearly settled they seem to have settled the court fees and the interest, but no sign yet for the return of the charges. Will speak to their Solicitors on Tuesday morning.

ds

 

Thanks and hope yours gets sorted soon. Who are their solicitors, just out of interest for future ref?

 

Tanz

[bill-k]

I got their own in-house sol:-

 

Wendy Starr

Cap One Legal Dept

Loxley House

Station St

Nottingham

NG2 3HX

[TANZARELLI]

Thanks Bill. Nothing to worry about then. lol

 

I wonder if they are as useful as their call centre staff.

 

Tanz

[bill-k]

LOL - they probably jobshare !!

[TANZARELLI]

Hey Bill,

 

If you interested have a look at my barclays thread the links here:

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/44145-tanzarelli-barclays.html

 

Part two starting off.

 

Tanz

[bill-k]

Thanks, Tanz. Duly subscribed & enjoying "the sequel" !!!

[TANZARELLI]

Nice one.

[MysterE]

Hi Tanz, good going on Capital One. They used to snowball their charges like no-one else, which is why they just made it to #1 on my list of people to sue. Can you help me out though. I need to know who to put as the defendant on the claim form. Thanks for any help you can offer.

[TANZARELLI]

Hi Tanz, good going on Capital One. They used to snowball their charges like no-one else, which is why they just made it to #1 on my list of people to sue. Can you help me out though. I need to know who to put as the defendant on the claim form. Thanks for any help you can offer.

 

Hi MysterE,

 

 

Capital One Bank PLC or Capital One Bank Europe PLC which ever takes your fancy.

 

I just put the first one. You are the Claimant they are the Defendant, if you are doing it online do not do what I did with my Llods TSB, claim and put the Defendants name in the Claimant part as well as the Defendant section, must have been having a bad day. Anyway caused my claim to be suspended and am having to re file currently.

 

What stage are you at with them currently, are you at claim stage and have you followed the process ie Data Protection Reqest (S.A.R - (Subject Access Request)) and then preliminary letter requesting charges then Letter Before Action, prior to filing?

 

Tanz

[MysterE]

Hi Tanz

 

I've sent all the prelim stuff up to LBA. They were quite sneaky on this. First they sent me a cheque for a paltry sum with no covering letter. When I called them to ask about what it was for, they told me I had a credit balance when I closed the account. Two weeks later I received a letter saying that they were sorry I had complained but should have received a cheque in compensation. This was a completely devisive way of trying to get me to accept their paltry offer. Unfortunately for them, since they record all their calls "for quality" and Data Protection Act gives me access to these recordings, I have them on record as conspiring to deceive me!

Next thing they tried is to fob me off to the Ombudsman. The thinking behind this is presumably that if i haven't tried all other dispute processes before court, I am not entitled to claim costs. However, the ombudsman is not getting involved unless they are prepared to show their costs, and what chance is there of Capital One showing up for a court date anyway?

 

What address did you put down for the defendant?

 

Good luck with the case.

[TANZARELLI]

Hi Tanz

 

I've sent all the prelim stuff up to LBA. They were quite sneaky on this. First they sent me a cheque for a paltry sum with no covering letter. When I called them to ask about what it was for, they told me I had a credit balance when I closed the account. Two weeks later I received a letter saying that they were sorry I had complained but should have received a cheque in compensation. This was a completely devisive way of trying to get me to accept their paltry offer. Unfortunately for them, since they record all their calls "for quality" and Data Protection Act gives me access to these recordings, I have them on record as conspiring to deceive me!

Next thing they tried is to fob me off to the Ombudsman. The thinking behind this is presumably that if i haven't tried all other dispute processes before court, I am not entitled to claim costs. However, the ombudsman is not getting involved unless they are prepared to show their costs, and what chance is there of Capital One showing up for a court date anyway?

 

What address did you put down for the defendant?

 

Good luck with the case.

 

James

 

Just the one of the statements/letters.

 

All sound good fun. If they think they can wriggle out of it they got another thing coming.

 

Good luck anyway and feel free to ask anything else, if I can help then I will.

 

Tanz

[bill-k]

MysterE - Hi to you. Although I see you've only just joined, you seem to have read up and got things well and truly under way. Well done, and all the best with your claim.

 

I just happened to notice you have managed to get copies of tele-cons with them, under the DPA. I never thought of asking for those (and I have 3 SAR's on the go) - as I never thought that they would supply them. Did you ask specifically for yours - and are they on CD or tape ?

 

Be interested to know.

 

Cheers,

 

Bill.

[reallystuck]

Hi Tanz, I Have Read Your Threads With Great Intrest And Think Your Wording In Some Of Your Letters Were Great, Do You Mind If I Use Them? Am Simmular To Yourself I Want Them To Take Of My Default, So Good Luck

[reallystuck]

Happy New Year:)

[TANZARELLI]

Hi Tanz, I Have Read Your Threads With Great Intrest And Think Your Wording In Some Of Your Letters Were Great, Do You Mind If I Use Them? Am Simmular To Yourself I Want Them To Take Of My Default, So Good Luck

 

Hi reallystuck,

 

Feel free to use them, however it might be an idea to post them on your own thread prior to sending just for additional comment and all that. Remember note to post your account details though.

 

Tanz