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

[Guest willowb]

 

Wxxx

[bill-k]

 

Wxxx

 

Nice post Willow, but I suspect Tanz wants more from you than he got back there !!

 

Does he get the goods - or a slapped moosh ?

[TANZARELLI]

Thanks both,

 

Got it sorted now. Just was in a bit of a rush as wanted to get my POC done for Capital One and needed to know date of default etc.

 

Just got to add a few bit to POC then will take it into Worcester County Court to file with fee.

 

Another one bits the dust.

 

Interestingly though there is no default for Barclaycard showing on my record, which is prob cause I paid the balance off. This will be a lot simpler now because of this, which I'm happy about.

 

Keep you posted.

 

Tanz;)

[bill-k]

Good news, Tanz.

 

Well done, and all the best with it, mate !

[TANZARELLI]

Right, just to update N1 and POC done for Crap One didn't have time to take it into Court today so will have to do it tomorrow morning.

 

Jobs a good un!!

[HSBCrusher]

Excellent!

 

show 'em that eye and I think they will run a mile!

 

Crusher

[TANZARELLI]

Thanks crusher eye might just do that.

 

Tanz

[sarahpp]

Good Luck Tanz. I put mine in last week but, I tried Bong's method of discounting the fee for track allocation/court charges so, it may still bite me on the bum.

 

Best Wishes

 

Sarah

[Guest willowb]

LMAO!!!!!!! Bills new avatar:D :D suits you sir!!

 

 

Wxxx

[sarahpp]

Very festive Bill - the big ape is an old softie at heart

[bill-k]

Cheers, guys - all credit to Chezt. She found him for me.

 

Glad you like him !

[TANZARELLI]

Well thats done, Capital One claim now filed today at Worcester County Court.

 

£953.92 charges and interest

£80.00 fee

£1033.92 total

Not forgetting removal of Default from Credit file.

 

POC as follows:

 

Particulars of Claim Tanzarelli V’s Capital One Bank PLC

1. The Claimant has an account **** **** **** **** ("the Account") with the Defendant which was opened on or around **/**/2003

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £*** and any interest charged thereon;

b) interest pursuant of s 69 of the County Courts Act 1984 £***.**, continuing at 8% until judgment or settlement at a daily rate of £0.**, the Defendant is aware of all details as a list of charges has already been supplied, another will be sent.

c) the removal of any prejudicial information which the Defendant (Capital One Bank PLC), has passed on to third parties in relation to the Account and in particular the removal of the Default Notice registered with any credit reference agency which was notified to the Claimant on or around **/**/2006, since this was caused solely by the level of disproportionate penalty charges. The Claimant’s request is made under the Data Protection Act 1998; section 14, which gives the power to the Court to order the removal of inaccurate personal data.

d) Court costs.

 

Statement of Truth

The Claimant believes that the facts stated in these Particulars of Claim are true.

Signed Date

Happy days, another one to be added to the Bank Battle Portfolio

 

Tanz

[bill-k]

A job well done, Tanz !!

 

Just a matter of picking up your pay-check, now !!

[TUTTSI]

Well done Tanz - soon you will be paid out.

[TANZARELLI]

Paying is one thing just gonna hold out to get the default removed too...Then its happy days.

 

Tanz

[TANZARELLI]

Originally Posted by jonni2bad

Court proceedings issued today....

 

Particulars of claim include the removal of a default notice, hence the court costs being £150 and not £120.

 

Just a quick question I paid £80 for my fee when filed today and that also included default removal, should I have paid more, my claim total was only £953.92 prior to the fee being added and £1033.92 after, so I know that this is why it was £80, but should it have been more to have the default removed and the court clerk forgot to spot it?????

 

Tanz

[happyh]

hi tanz ,sorry to hear you had so much trouble with capital one,i myself just sent them a letter telling them i would take them to court ,and how much they owed me ,and they paid up straight away,guess i was just lucky,they forwardesd a cheque for 340.00 within a month,good luck with your claim though. happyh

[TANZARELLI]

Hi happyh,

 

Mine is a bit more than that as the default they have entered against me, i want removed. So even if they offered me the money than I would still carry on to court to have this removed.

 

Tanz

[bill-k]

Sorry, Tanz- can't help on the default removal fee. Maybe Willowb can.

[TANZARELLI]

Sorry, Tanz- can't help on the default removal fee. Maybe Willowb can.

 

Thanks bill, have pm her.

[happyh]

tanz,everything you need to know about court fees is on www.hmcourts_service.gov.uk,couldnt see any area to do with default removal in the brief time i spent their,will look elsewhere for you ,good luck.

[happyh]

tanz.if you type in remove default notices on a credit file_we show you how. you will find everything you need to know,good luck

[happyh]

taz check out ,remove default notices on a credit file-we show you how.this link shoul have everything you need to know,good luck.

[TANZARELLI]

taz check out ,remove default notices on a credit file-we show you how.this link shoul have everything you need to know,good luck.

 

Thanks but what link?

[happyh]

tanz.sorry i was not specific enough last time i poted regarding removal of default charges,if you type in to your search area on google or whichever search engine you usethese words then it will take you to a site where they have listed hoe to remove defaults from credit file.ok so in the searc box on google type,REMOVE DEFAULT NOTICES ON A CREDIT FILE-WE TELL YOU HOW,CAN BE IN LOWER CASE IF YOU CHOOSE.YOU SHOULD GET THE IMFO YOU REQUIRE THERE.