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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Tanzarelli v Cap One... £ + default **WON**


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I am sending this to Wendy Starr, just to tie up any final loose ends:

 

Wendy Starr

Executive Office

Capital One Bank (Europe) plc

PO Box 5281

Nottingham

NG2 3HX

 

19th March 2007

 

Re: County Court Claim number 6WR03176

 

Dear Ms Starr,

 

Thank you for your letter of 14th March 2007, in which you agree to the removal of the default notice from my credit files. However in order for me to bring an end to this litigation there are just a few points that I need you to clarify.

 

1) The letter you sent me was furnished with the wrong County Claim Number and stated 7WR03176 when my County Court number is in fact 6WR03176, I am sure this is just an oversight or typo on your part, however, if you could re send the letter with the amended claim number then this would be appreciated.

2) I would like confirmation that my account is still active after this litigation and that a new card will be issued to me with the credit limit I previously had on my old card. I will then return the defaulted card to Capital One Bank (Europe) plc accordingly. Please be aware that retaliatory account closures may be frowned upon by the OFT.

3) Once the remaining cheque has been received and also the default has been removed from all credit reference agencies and I have written confirmation from your credit file amendment team of this, I will then contact the Worcester County Court to inform them that a full settlement has been reached.

 

Once again thank you for your letter of the 14th and I am sure we can bring an end to this litigation if you can agree to these final matters.

 

Yours faithfully

 

Any thoughts?

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Well done for holding out for what is right, I'm sure that a lesser person would have given up a long time ago.

Do you really want to continue using a Crapitol card? Try something else!

Good luck

John

If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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you are right elizabeth, I have read on at least 2 threads of wrong statements being received, one received his brothers and one his wife's you would think the amount of time they take to answer you that would at least get it right.

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you are right elizabeth, I have read on at least 2 threads of wrong statements being received, one received his brothers and one his wife's you would think the amount of time they take to answer you that would at least get it right.

 

 

Doo - with mine they decided to sell the debt although it was in dispute - and while being so devious they actually gave the wrong account details to Lowell's. It was obvious then that it followed Lowell's are trying to collect the wrong account number from me etc..

 

This company really are the pits!! On top of that their legal person wrote in their AQ reply they'd settled this claim with the monetry side of my claim - when the letters I'd had sent to me clearly proved this was lies!!! It's beyond any reasonable explanations how they wrote to court with lies - when I had proof of letters from both parties proving to the contrary.

 

But then the very clever (or should I say not so clever) part of it was they didn't issue me with a copy of this response to their AQ - perhaps they thought I was too DIM to ask court for a copy anyway?

 

But they aren't clever - these devious tricks will come back to haunt them?? These people aren't as smart as they think? :grin: :grin:

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I lost my own thread and can't find it somehow!! (sorry Tanz)

 

Mine is still ongoing - after they decided to tell court loads of fairy tales - I decided to amend my POC's to show court what was really going on. AQ Hearing is next month - so we shall see then as court will give directions with case then.

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Last post Tanz, promise :D

 

elizabeth - will be interesting to see how it turns out, feel free to visit my thread in this forum.

 

Carry on, I wont be using it for a few days. lol

 

Letter sent today so wait for the corrections to be made and sent back then its just a matter of waiting to be contacted by the credit file amendment team.

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I lost my own thread and can't find it somehow!! (sorry Tanz)

 

Mine is still ongoing - after they decided to tell court loads of fairy tales - I decided to amend my POC's to show court what was really going on. AQ Hearing is next month - so we shall see then as court will give directions with case then.

 

Is this it? http://www.consumeractiongroup.co.uk/forum/capital-one/43698-i-need-some-advice.html

 

Or this? http://www.consumeractiongroup.co.uk/forum/capital-one/40538-quick-question-charges.html

 

Tanz

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Aww!!! Tanz Thankyou for that - I shall revive one of those to show where I am up to now etc.. - I knew I'd done a thread / threads lol - I kept losing them and ended up chatting with Milly etc.. LOL

 

I am always losing stuff!! I promise to go play on my own thread now!! sorry!! :p :p

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Guest Botsy

Congratulations Tanz!

I have just picked up on your thread. I filed a claim against Crap One on 12th March for recovery of £600 plus removal of default. Today I have heard they will be defending the claim (surprise! - NOT). In the same post Debitas have written to me asking me to contact them urgently re my account on 0845 234 5151 etc., etc., (standard).

 

Your thread has given me confidence to take it forward and sit it out. I have just managed to get Barclaycard to remove a default, so I am quietly confident!

 

On 3rd Jan 07 I wrote to Crap One requesting a copy of the original T&C. I received a signed photocopy on 14th March (their letter was dated 20th Feb??).

 

Anyway my question is: The Terms & Conditions are undated - does anyone know if this would be an advantage for me?

Cheers

Botsy

x

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Congrats Tanz!!!!!!!!!!!!!!!

 

 

 

HE SHOOTS HE SCORES

 

IN THE BACK OF THE NET

I

WON

Barclaycard

S.A.R sent 27th Sep

Partial Statements (Microfiche etc) received 5th Oct

Preliminary Request (Estimated Charges £864) Sent 11th Oct

L.B.A (Data Protection Act) Sent 12th oct

£288 Offered 18th Oct

Letter Before Action Sent 27th October

MCOL 10th November

Claim Acknowledged 29th November

Court Date Set for 27th April

 

Captial One

S.A.R sent 27th Sep

L.B.A (Data Protection Act) Sent 4th November

Preliminary Request for £633 and removal of default sent 22 November

L.B.A Sent 12th December

N1 Filed 25th Janaury

 

 

Halifax

S.A.R sent 11th Sep

Preliminary Request for £327.95 sent 30th Oct

L.B.A sent 15th November

MCOL 29th November

Settled - £443.98 14th December

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congratulations mate this is some awesome inspiring stuff you have done here i have borrowed some of your letters and adjusted accordingly hope you dont mind big up from me ! !!!

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congratulations mate this is some awesome inspiring stuff you have done here i have borrowed some of your letters and adjusted accordingly hope you dont mind big up from me ! !!!

 

No probs feel free to use whatever isw of use. No copyright on this thread mate.

 

Tanz

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Hi Tanz

 

Just wanted to thank you for your help. I had a letter from Cap One yesterday to say they would remove the default. I issued the NI, they offered me half. I sent your letter and they then offered me all of the charges back. They also said there was a cheque for the balance on the way, which I havent received yet. When I did get the cheque I was going to use your other letter to tell them I wouldnt settle until the default was removed and to return the cheque. They had already acknowledged the claim and had until the 7th April to defend. Yesterday they sent a letter saying they would remove the default within 48 hours. Thanks again Tanz.

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Hi Tanz

 

Just wanted to thank you for your help. I had a letter from Cap One yesterday to say they would remove the default. I issued the NI, they offered me half. I sent your letter and they then offered me all of the charges back. They also said there was a cheque for the balance on the way, which I havent received yet. When I did get the cheque I was going to use your other letter to tell them I wouldnt settle until the default was removed and to return the cheque. They had already acknowledged the claim and had until the 7th April to defend. Yesterday they sent a letter saying they would remove the default within 48 hours. Thanks again Tanz.

 

Blimey that is quick, 48 hours. I still have not heard from the Credit file amendment team yet.

 

Glad it helped.

 

Result, but don't discontinue the claim until the remove the default.

 

Tanz

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Tanz, if you can get your credit reference report on-line keep checking, I did not get a text message that there had been a change it was only when I checked that I realised it had been done.

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