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    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
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    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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Can I send Data Protection Request If I dont know Account Number


tezviper
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Hi guys, as the title suggests, can I send my SAR to Capital One even though I dont know the account number or do I need to call them first to obtain the info? Any input appreciated and If I need to ring them does anyone have a phone number please?

TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

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Yes you can. Send it to:

 

Legal Compliance Specialist

Capital One Bank (Europe) plc

Trent House

Station Street

Nottingham

NG2 3HX

 

Phone No: 0800 9525150

 

That is the address dealing with the claims and S.A.R requests. Give them your details and a cheque for £10 for your statements. £10 is for all data held by them does'nt matter how many accounts you have with them.

 

Good luck

 

Ukaviator

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WARNING TO ALL

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Nice one, so If I write to them and provide my name and address etc the should provide me with my statements still or will they require other info?

 

Thanx

TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

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Yes they should. Maybe an idea to put a mobile number in the letter in case they want to ask you a security question. Some people like to put a copy of their driving licence in as well as it has a signature.

 

Good luck

 

Ukaviator

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Cheers m8, As I finished last message I had a brainwave and located an old letter with the account number so SAR is on its way. Will keep you all posted on this one. Am now doin 2 credit cards and 2 other bank accounts after my first success against the Halifax.

TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

Link to post
Share on other sites

  • 1 month later...

Well got my statements through today. I had forgotten about them to be honest as I wasnt going to issue the claim until my current claims against halifax and Lloyds had completed. They actually arrived via special delivery this morning so Here goes.

I added up all charges for bein overlimit and for late payments ( all of which are £20 each ) and arrived at a total of £600.

My outstanding balance at the moment is £532 ( which is amazing as my limit was always £200 )

So sod It, Preliminary letter being sent tomorrow to get my balance cleared.

 

Wish Me Luck.

TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

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Share on other sites

Is there a template letter for claiming contractual interest at the prelim stage?

Thanks

TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

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Share on other sites

Ok thats my prelim sent of today. My balance on card is £532. My claim is for £600 in charges plus am claiming conractual interest at 29% meaning total claim is for £877.

Lets see what happens.

 

TezViper

TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

Link to post
Share on other sites

Yes they should. Maybe an idea to put a mobile number in the letter in case they want to ask you a security question. Some people like to put a copy of their driving licence in as well as it has a signature.

 

Good luck

 

Ukaviator

 

Also if you've moved address, include your old address but explain that you reqire it to be sent to your new one, just to be safe.

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tezviper, did you find a letter for claiming contractual at the prelim stage?Also where did you get the 29% from, which card was that for?I started with classic, then premier and ended up with silver.

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Yes mate I found a letter for claiming the contractual, also I started on the classic ( I think ) the one with the highest interest and I calculated the interest at 29.9% but I rounded down to 29%

I hope thats right, I did plenty or reading on this but was still not 100% sure I was getting it right. Anyway its sent now so just gotta wait and see.

TezViper

TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

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Share on other sites

Hi Tez

 

Should have rounded up to 30% really. It's nearly 1% knocked off your claim.

 

Uk

  • Haha 1

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Yea I know mate, I wasnt too sure to be honest and wondered what a judge would have thought of me rounding it up, so decided to play safe rather than risk the full amount if you know what I mean. If i get back what I am asking for then I will be happy. Will be a relief just to clear the card to be honest and I will be going all the way to have the default removed.

 

Cheers for the feedback.

 

TezViper

TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

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Share on other sites

  • 3 weeks later...

Due to file with Court on Friday and so far only response I have had was a letter saying they would look into my complaint. Oh well its off to court.

TezViper

TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

Link to post
Share on other sites

Thanks Tanz, am feeling pretty confident about this one but its good to know you guys are all there for guidance and reassurance.

 

TezViper

TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

Link to post
Share on other sites

One thing Tezviper. When they try and settle, don't just accept the money when they offer it. Your bargaining power will be lost as you want the Default removed as well. With the charges paid back,they do just ignore you afterwards. It is then difficult to have the default removed. It's all or nothing with the default removal in this case. Stick to your guns, your whole claim is charges and default.Nothing less.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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I agree uk,

 

Have a look here http://www.consumeractiongroup.co.uk/forum/capital-one/51318-tanzarelli-cap-one-default.htmlfor some letters which I sent crap 1 as they wiped the debt and then sent me a cheque which I then sent back with a refusal of settlement letter, J2B helped with the wording and it has already worked for smel http://www.consumeractiongroup.co.uk/forum/capital-one/42034-smel-c1-refund-plus.html

 

Tanz

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Thanks for the advice guys, that was exactly what I intended to do, i follow your thread closely Tanz and also Jonni2bads as well so there was no way was gonna accept money on this without default removal.

one thing though that just occured to me, I take it I need to file using the N1 as opposed to using MCOL in order to get default removed. Is that correct?

 

TezViper

TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

Link to post
Share on other sites

Thanks for the advice guys, that was exactly what I intended to do, i follow your thread closely Tanz and also Jonni2bads as well so there was no way was gonna accept money on this without default removal.

one thing though that just occured to me, I take it I need to file using the N1 as opposed to using MCOL in order to get default removed. Is that correct?

 

TezViper

 

Yes mate as you get more room and can also add seperate sheet if nessesary, as long as you add your name to the top of it, claim number, date and sign it and the relevant section the seperate sheet is related to.

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Thanks again, better start preparing then!

 

TezViper

TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

Link to post
Share on other sites

Good luck Tezviper. Keep us informed as I'm watching and learning whilst I lie in wait for my crap1 statements to arrive....

time for me to get back what is rightfully mine

 

:)

 

The hitlist:

 

Capital One: S.A.R sent (6.2.7)

Littlewoods Catalogue: SAR sent (6.2.7); letter arrives 20.2.7

Kays Catalogue: SAR sent (6.2.7)

Halifax Credit Card: S.A.R sent (6.2.7)

First Direct: S.A.R sent (6.2.7); statements arrive (19.2.7)

My partner's RBS account

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