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

[Guest willowb]

Just make sure its not on a letter to the bank or court eh!! lol:)

Yeah I know! In the RBS section we call their sols 'Cobbetts LLP' Cobblers and I feel sure that I have called them that in letters! lol.....nevermind it could have been worse! i.e, CRAP ONE!!!!

 

Wxxx

[TANZARELLI]

Still no word from Cr@p un re my copy credit agreement request. This was sent 3rd Jan 2007 so giving them 12 working days takes us up to friday 19th Jan. If they fail to supply this what effect will it have?

 

Bill any thoughts?

 

Tanz

[TANZARELLI]

They have also have until Mon 12th Feb to supply my SAR info. So far to date I have not had even an acknowledgment of them receiving it.

 

Tanz

[Jaynekul]

They didnt ack mine Tanzs just sent the stats recorded delivery the day before the 40 limit was up. Ive issued v them after offer at LBA for a fraction of the amount. defence due end of the month

[TANZARELLI]

Hi Jaynekul,

 

If you'd had read a bit back into my thread you would have seen, that my claim is also at the same stage as you, I am waiting for them to enter a defence too which is due 27th Jan. Reason being is that I sent my SAR after starting this process as needing info for my claim, as I am going for default removal to. So it seems we are about at the same stage.

 

Good luck with the claim.

 

Tanz

[bill-k]

Still no word from Cr@p un re my copy credit agreement request. This was sent 3rd Jan 2007 so giving them 12 working days takes us up to friday 19th Jan. If they fail to supply this what effect will it have?

 

Bill any thoughts?

 

Tanz

 

Remind 'em, mate. I think failure to supply isn't worth much - you will probably have to corner them into admitting clearly that they do not have it. That's when it might be useful - er- not having it I mean !!

[TANZARELLI]

Thanks Bill,

 

Did you get the spreddie I sent you via email?

 

No rush just wondered if you'd received it.

 

Tanz

[bill-k]

Done, mate - and comin' right back at ya, even as we speak.

[TANZARELLI]

Nice one Bill,

 

How did you get on with Vamps stuff, did you get it sorted?

[bill-k]

You're welcome, squire. Yeah, thanks, I got finished last night & sent it. Interesting one, for making a further claim when a partial settlement has been made. Not as simple as you'd think. Waiting to see if it's any good, or if Batty Bill's incurred Vamp's wrath !! :o

[TANZARELLI]

Yeah that may have been useful to me with my LTSB claim, as it got suspended (due to a technical error) and then the defendant paid £750 into my account I had to re-file. As they'd paid £750 I had to divide this by number of charges to give me a figure. This figure was then deducted from each of the charges to give me a new charges total. I then claimed this, but also claimed the interest as of the start of initial claim.

 

This issue is throwing a spanner in the works for lots of CAG members as some are deducting the £750 from the most recent charges to minimise loss of interest.

 

There are varying thoughts on this matter and I feel it does need some clarity.

 

Mine gone in now anyway so will just wait and see, what their response is.

 

Tanz

[bill-k]

Sorry Tanz, didn't realise. Trust me to be a bit too slow. Vamp was quite clear with this one that the payment should cover the earliest charges & interest. That seems logical to me, too - even though it is to the bank's advantage and not ours !!

 

If it turns out to be any good, then I guess it will appear in Chambers sometime. I didn't realise how many people might need it.

[TANZARELLI]

Here bill Pondfish is confused about this and mjanet has offered another option. You may be able to help with some wise words. http://www.consumeractiongroup.co.uk/forum/lloyds-bank/51381-here-we-go.html

 

Tanz

[reallystuck]

hi i was reading your threads would you mind if i copyed your rejection letter it was great,

[TANZARELLI]

Feel free, no copyright here. lol

 

Tanz

[TANZARELLI]

I appologise for the length of this next poist but felt it useful to post it up as it is a partial settlement offer from "Cr@p One Out", without default removal agreement. I would appreciate some feedback on their response as it will influance my next move.

 

If your out there J2B please some comments.

 

Here goes:

 

Executive Office

Capital One Bank (Europe) plc

PO Box 5281

Nottingham

NG23HX

16th January 2007

Dear ********

Your claim against Capital One Bank (Europe) plc

County Court Claim number ********

I write in connection with the above claim you have issued against Capital One Bank (Europe) plc. I have now had the opportunity to investigate your claim for the total sum of £****.**, which I understand is in connection with the default fees and interest that we have charged to your account. (Aren’t you forgetting the default as this is part of the main claim and not a separate issue?)

It is denied that these fees are unlawful and they are detailed in your terms and conditions and in our customer welcome pack. (and your point is?) Our fees are based on the costs we incur when a customer breaks their contract by making a late payment, failing to make a payment or goes over their credit limit. (really then why didn’t you prove this at the start and we would not be here and you would have saved yourself some time) The fees are only levied when a customer breaches their contract in this way and can be avoided if payments are maintained and the account kept within the credit limit.

Capital One has acted in accordance with the terms of your credit agreement throughout this matter and it is clear that you have no claim against Capital One. Whilst we do not accept liability for the claim, I have today refunded the fees totalling to £820. (why would you do this if your fees represent your cost?) In addition to this, I will refund the interest of £***.** and the court fee of £**.**. This amount adds up to £****.**, which is the full amount stated on your claim form. (I know, I put the claim form in, remember)

After adding the refunds to your account, I can confirm you now have a credit balance of £***.**. (this is the amount left after the balance has been cleared as mentioned previously, and as expected) Therefore, I have today arranged to send you a cheque for this amount, which you will receive within the next 14 working days. (well when it arrives it will be sent back to you as not excepting this payment and the case will continue until the default gets removed, unless J2B or another thinks that after the following part of the letter I should accept)

In the particulars of your claim, you also request the removal of adverse data from your credit file. You believe Capital One Bank has entered inaccurate details solely due to the level of fees imposed on your account. (I do and if they were not there then my balance would not have been up to about £900 or more when my limit was only £400 and I was not able to draw over and above this balance and could not purchase over this limit, so if it was just for the purchases then I would have been able to make the regular payments, so yes) The entry you are querying is the default that we have recorded on your account and on your credit file. (you are quite quick aren’t you?)

Firstly, as mentioned above, we do not believe our fees are unlawful. (then why refund them, and why not fight the case in court? Because you don’t have a leg to stand on.) Secondly, we only charge a fee when you miss a payment or your balance goes over your credit limit. (as I have already mentioned I could not go over my credit limit as my card would have been declined, so you have put charges onto my account, thus making me go over my credit limit, and thus causing you to apply more charges, which are unlawful and you have refunded, cause you know you’ll loose in court, and that’s where we will be heading, so just remove it or we’ll be seeing each other there, and I will be looking forward to it.) Your account defaulted with a balance that did include fees, (there it is, is this not what I have been saying????????) but also purchases that you made using your card. (and which I would have been happy to pay for) We opened your account in March 2003 with a credit limit of £400.00. I can see you took your account over its credit limit straight away but you did bring it up to date the following month. (and your point is???) Unfortunately, you went overlimit again in May 2003 and I can see this has been a regular occurrence throughout the life of your account. Because you have added charges to my account and interest on top of that, has the penny not dropped yet?)

Although the last transaction you made was in July 2004, your balance at that time was £405.10, which included genuine purchases. (I don’t dispute that but on the statement for the previous month there was a late payment fee charged on the 5th June 2004 for £20.00, also previously on the 1st of March there was a late payment charge for £20.00 and a over limit charge for £20.00, need I go on, if they were deducted, plus all the others previous to them, I would not be over my limit, so where is your argument here then?) We asked you to send us a minimum payment of at least £17.24 to reach us by the 5th August 2004.

We did not receive any kind of payment from you until 5th December 2004 for £80.00. However, you were then four months behind with your payments and the total needed to bring your account back up to date was substantially more than that. (and it would not have been if you had not applied penalty charges to my account) After we added your £80.00 payment to your account, we asked you to send us £190.10 by the 15th January 2005. (a bit steep considering Xmas had just passed don’t you think)

Again, we did not receive a payment from you until March 2005 for £60.00 and the next payment you sent to us was in June 2005 for £30.00. It seemed you were then wanting to send us regular payments for the smaller amount of £30.00 each month because we received two further payments from you for this amount is (in) July and August 2005. It was not enough to bring your account up to date but it did show us that you were willing to make payments. (see I was making the effort then, but you still charged me anyway)

I can also see that in August, our collections team contacted you by telephone and you told them you could not afford more than £30.00 each month. They noted this on your account but I am disappointed to see that you then chose to stop payments again and the next payment we received was not until November 2005. (well probably because you charged me on the 15th Sept a late payment fee for £20.00 and an over limit fee for £20.00, come on enough is enough)

I can see we called you again on 25th October and you told us that you had started a new job and would make minimum payment that month and larger payments again after that time. At that time, your minimum payments was £614.44 but the arrears amount was £66.70 so, we asked you to send that amount to us. This is why we were disappointed when you only sent us the £30.00 payment in November. It would not have been that much if you had simply not unlawfully added charges to my account.)

On the 23rd November, we called you again and you confirmed that you were in a new job. We explained that the default notice was due to be issued on the 28th of that month and you told us that your wages were being paid to you on the 28th November and you could definitely send us a payment. We asked you to send us more than £30.00 if possible and although we would attempt to hold of the default, the account was still in danger of defaulting if the required payment was not received. (I asked to make a payment plan and was told that I had to wait until the default had been served as it was to late, I would not have been in this situation if you had not applied default charges to my account, I a getting fed up of saying this now, as its your fault that its there because of your charges, get over it, and stop trying to wriggle out of this one) You sent us £30.00 but as you were aware, it was not enough to bring your account up to date.

We held off on the default notice until 28th December 2005 but this was then automatically issued by our system (would that be the same system that sends out all your stuff and also means your costs are therefore disproportionate to your losses, and therefore unlawful) due to the over limit amount (once again due to charges) and payment history. (which would have been avoided if it was not for the charges.) The default notice letter asked to you (you to, I think you mean) send us £548.22 within the next 10 days to avoid the default being served on you. (now your really pushing it, as if I could afford that what am I a magician? Nice to see you had a bit of festive spirit here then, NOT)

We did not receive your payment so your account defaulted on 17th January 2006. We did confirm this was going to happen when our collections team spoke to you on the telephone on the 4th January and that they were unable to set up a payment plan with you (well they should have let me and I believe this to be unfair the offer was made and you refused, which is what I have said previously in my posts)

We have a legal obligation to report how you have managed your account to the credit reference agencies. (Do you? Is it law? Or is it something that financial institutions have decided to do?) If I removed the late marks or the default, I would be confirming that you have made successful payments to your account every month when you have not. Because of this, I am unable to remove any information that we have recorded on your credit file because it is correct. (no its not).

I hope I have explained things clearly for you and you understand our position on this. I can also confirm that the default will remain on your credit file for six years but it will now show as settled due to my refunds clearing your balance, (funny that £700 odd balance made up of charges and interest on those charges, I have £820 refund in total charges they have levied now they owe me nearly £300) along with your own payments in 2006, which have helped to reduce your debt. (for one final time on this letter response, A DEBT THAT WOULD NOT HAVE BEEN THERE AND A DEFAULT NOTICE THAT WOULD NOT HAVE BEEN THERE IF YOU HAD NOT LEVIED UNLAWFUL PENALTY CHARGES TO MY ACCOUNT).

I would finally request that you contact the court to confirm settlement of this claim and discontinue it. (Are you really that stupid that you think that’s going to happen, we have not reached settlement as you have not removed the default notice, I will write to the court but will tell them in no uncertain terms that my claim still stands and that no settlement has been reached, I will also return your cheque, and I will reply to this joke of a letter) We have now defended the claim it (whats the it for?) at the court on the basis that it has been paid in full.

Yours sincerely

Angela Wilson

Executive Office

For and behalf of Capital One Bank (Europe) plc

[reallystuck]

o my god what i cheek they have,i guess their hoping you will back down as they refunded your charges, do u still have your card? i cant remember getting a letter telling me they were going to default me,i just knew by checking my credit report.good luck

[bill-k]

Heck, Tanz - they're making one helluvan effort with this. They're taking notice of you !! If the claim was cash plus default removal, then it clearly cannot be settled by cash only. No defence. I reckon you are going to need a good clear graphic illustration of how it is the charges that caused the default situation. Then sed them it, along with just the final red paragraph you have inserted !!

[TANZARELLI]

Bill

 

It was definately charges + interest + court fees + default removal. When the cheque comes it will be sent back. I am a bit angry with them now, but would like a comment from J2B if hes about, or someone else whos been in this situation. I know they are hoping I will back down but not gonna on this one. I think your right about the way I need to play it re: response and breakdown.

 

Reallystuck,

 

I still have a card but it has never been activated as it was a new one but cause account was in a mess not been allowed to activate it and don't want to anyway.

 

Tanz

[jonni2bad]

Just reading at the mo.......... will respond shortly

[bill-k]

Just reading at the mo.......... will respond shortly

Cavalry's arrived.

[TANZARELLI]

Have sent some info to J2B for comment awaiting his thoughts on this. If I can post the next step, will do.

 

Tanz.

[pokerbot]

Tanzarelli you are my idol! i have read all your posts and if it wasnt for reading your posts i would not have started up my own disputes. sorry to have to do this (dont know if its allowed) but i could do with your (or anyone who has a little time, i dont care any advice would be welcome) assistance on a capital 1 matter. stick it to them!!!!!!!!!!!!

 

my link: http://www.consumeractiongroup.co.uk/forum/capital-one/59487-pokerbot-capital-1-a.html?highlight=pokerbot

[TANZARELLI]

Hi pokerbot,

 

Thanks for that not sure I deserve the idol status, but im glad you have been inspired to take action against the banks and credit card companies. I will have a look at your post but have just travelled to and from Worcester to Yorkshire and am knackered. I have some other stuff to do as well tonight but will take a look soon.

 

Tanz

[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 positive balance of £253.78 – 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 trust that this clarifies my position.

 

 

Yours faithfully

 

 

[signature]

 

 

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