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millymollymoo

Capital One.. ***I WON***

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Milly - they acknowledged the AQ with my claim - I haven't seen what they've written yet will ask court to send me a copy tomorrow - it should make intereting reading.

 

I am going to ask if I can amend my claim to add in the non compliance with the CCA and SAR etc.. and pay the amendment fee etc.. will be phoning court to ask advice on that tomorrow see what they advise me to do.

 

Should be interesting seeing how they defend this one as on top of the charges & PPI claim there is the CCA, SAR and they way they recently passed it onto a DCA while in dispute - let alone the rubbish they have been writing for years on a default that was down to unreasonable charges!! Sure will be interesting what they'd tell a judge about that!!


My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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Hi Team

 

They usually acknowledge then send out a cheque or credit your account about a week later. Sometimes they enter a defence and pay out a week later. Don't worry they will pay up.

 

Uk


Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

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

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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Hi Team

 

They usually acknowledge then send out a cheque or credit your account about a week later. Sometimes they enter a defence and pay out a week later. Don't worry they will pay up.

 

Uk

Mine has gone way past that stage - court sent them a reminder to file their AQ or they'd be struck out etc.. this gave them an extra 2 weeks - their deadline was friday 16th Feb - I rang court and they have filed defence and not sent me a copy - so I daren't guess what they'll be playing at.

 

But they'll have to pay up sooner or later cause they've too much risk with mine they couldn't explain everything in court and not be questioned by Judge for their antics - So I am expecting they'll sort mine out soon.

 

Sorry Milly - didn't mean to highjack your thread!! But just letting you know not to worry mine is slow too - they must be snowed under with claims right now?


My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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I like the way they're given a strict deadline to reply, only to be given a reminder allowing an extra 2 weeks!

 

Rouge


CAPITAL ONE

14th Dec - SAR

13th Jan - Prelim

27th Jan - LBA

27th Jan - 12% settlement offer (refused)

8th Feb - N1 claim issued

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Mine has gone way past that stage - court sent them a reminder to file their AQ or they'd be struck out etc.. this gave them an extra 2 weeks - their deadline was friday 16th Feb - I rang court and they have filed defence and not sent me a copy - so I daren't guess what they'll be playing at.

 

But they'll have to pay up sooner or later cause they've too much risk with mine they couldn't explain everything in court and not be questioned by Judge for their antics - So I am expecting they'll sort mine out soon.

 

Sorry Milly - didn't mean to highjack your thread!! But just letting you know not to worry mine is slow too - they must be snowed under with claims right now?

 

 

Hello elizabeth well they have not met the acknowledgement deadline for my the amended POC's. They also have not met the deadline for the CCA despite cashing the cheque:x I really think they are stressing out with all these claims:lol:

 

And you are not hijacking my thread at all, carry on everything is relevant to Capital One:)

 

Milly XXX


CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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I like the way they're given a strict deadline to reply, only to be given a reminder allowing an extra 2 weeks!

 

Rouge

 

hi rouge:) Do you know why are the courts allowing them an extra two weeks, cos this is totally unfair IMHO. If that was me or you we would have a CCJ entered immediately and no excuses allowed.:rolleyes:

 

Milly X


CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Hi Milly, you're right - what's the point of the original deadline when they know the usual procedure will allow more? If you give them two weeks extra they'll no doubt take it every time. It may help to argue that they are unreasonable though, always stalling and delaying at every opportunity.

 

They do it with mail, every letter I've had from them takes over a week to get to me even though it says 1st class on the envelope. They sign them off but don't post them for days to slow everything down.

 

Rant over...

 

Rouge


CAPITAL ONE

14th Dec - SAR

13th Jan - Prelim

27th Jan - LBA

27th Jan - 12% settlement offer (refused)

8th Feb - N1 claim issued

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totally agree their rouge. They don't have a clue. Two letter s we received. Both sent after filing at court, however it seemed were in response to prelim or LBA. One letter was backdated, though the preprinted date on the envelope stated 8 days later as being sent.

 

The other on the 1st Feb saying I am sorry that you are considering court action, :rolleyes: like what on earth its been filed two weeks now you silly man.

 

 

Obviously acnnot cope and thats good for our claims:D

 

Milly XXX


CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Miily & Rouge - I was really struck Dumb when court allowed and extra 2 weeks for them to file their AQ - like we know if it was us a CCJ would have been listed with no redress?? Totally unfair??

 

I have just written to court asking for a copy of what they said in their AQ - will post when I get that - seems really crap they were allowed more opportunities to take the P ???

 

No way are they going to beat me - cause I plan to amend my claim to write in the stuff about the CCA and SAR I plan to make CAP1 answer for the lot of it - seems so unfair they are getting away with this crap??

 

They are sure going to need a masterplan to get out of this one?? :D

  • Haha 1

My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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Don't want to hijack but you all seem to have sent off CCA - I also did this as an agency had my account and they have sent back my postal order - I originally asked for this on 25 January and apparently Cap One should now be sending this on to me, obviously way over timelimit allowed. Is this important that I chase this, what are the benefits of this.

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Its ok doo I am in the same boat, well just!!

 

Look here

 

http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements.html?highlight=consumer+credit+agreement

 

Post your worries and some kind soul will help you out

 

Milly X


CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Thanks Milly, will do some reading, I know I need to chase this but need to find right course of action, agency have said this afternoon they have passed the matter on to Cap One, perhaps I should send a new request to Cap One.

 

What are the benefits of getting this info besides them having to have this to chase account (I think I am right here) - oh well off to do some more reading.

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Milly, a bit of advice first, am still reading thread you posted, soo long but v.interesting. Anyway do you think I should now send request for CCA to Cap One now, just so I have paper trail.

 

Also, was just looking through my statements and didn't think anything of it before, they passed my account to external agency after July 2006, I did pay last amount to stop default but apparently didn't hit my account in time, although it shows up on my bank account days before, anyway I have copies of statement from August to December 2006 - I have never received any of these, do they keep them running just for their information, thought perhaps you might have found same thing.

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Yes I do doo think you should request CCa and yes they should have ALL your statements. Is that what you meant?

 

milly X


CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Well was just surprised that they have statements for each month after debt was passed over to external agency, just thought statements would have stopped then - didn't received any statements from them after August but they have statements going up to December, just thought it odd that they carry on printing them out.

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Well was just surprised that they have statements for each month after debt was passed over to external agency, just thought statements would have stopped then - didn't received any statements from them after August but they have statements going up to December, just thought it odd that they carry on printing them out.

 

 

Doo are they using their "inhouse" DCA's ?? (I think Debitas is theirs - hopefully someone knows who they are) - that could be why they are still producing statements internally - a bit weird - but I can't think of another reason.


My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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Well was just surprised that they have statements for each month after debt was passed over to external agency, just thought statements would have stopped then - didn't received any statements from them after August but they have statements going up to December, just thought it odd that they carry on printing them out.

 

Well if this helps Egg are saying they will comply with S.A.R and this account of my O/H's was defaulted usin their in house DC . So I reckon as the original creditor they still should have this info. Egg supplied just recently O/H's CCA from 2000.

 

Milly X

 

P.S Hi Lizzy:) Hows th FOS claims going? I took your advice and filed Natwest with them and the adujicator is taking it on with CI:-o so thanks:)


CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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P.S Hi Lizzy:) Hows th FOS claims going? I took your advice and filed NatWest with them and the adujicator is taking it on with CI:-o so thanks:)

 

 

I have heard they'll take on complaint etc.. - waiting to hear now see what nudges them!! Will PM you!!!


My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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Milly,

Been meaning to get on here all day to tell you this!!!

 

Cap1 actually filed their AQ with court and didn't have the good manners to send me a copy - by chance I'd phoned court asking if they'd filed and requested a copy!! It came in todays post!!!

 

On their AQ they have actually asked for a months Stay on the case!!! Also they have told court that the monetry side of the claim is settled and that they are just negotiating with me over the default (Mmm a few "not very trues" me thinks)

 

So I have copied the letters to court from CAP1 where they sent the account to Lowell's for the full 770 pounds - a copy of my experian report which shows also this is the full defaulted amount, a copy of the application form they are fobbing me off with as a CCA - it nowhere near meets the requirements of a CCA!!! just to prove to court that some untruths are flying around!!!!! I have asked court not to allow the stay on the basis that this company are just using anything to stall - they've already had an extra 2 weeks to file AQ - someone needs to tell CAP1 the game is up they've been beat? Seems they are just messing around and abusing the court system??

 

They clearly have no intentions of settling or negoatiating with me - the AQ was signed by Wendy Starr from their legal dept - her phone number is 0115 8433013 -


My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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elizabeth, I totally agree with you regards court, they need to tell Cap One to put up or shut up, they are getting away with murder and abusing the courts time.

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Milly,

Been meaning to get on here all day to tell you this!!!

 

Cap1 actually filed their AQ with court and didn't have the good manners to send me a copy - by chance I'd phoned court asking if they'd filed and requested a copy!! It came in todays post!!!

 

On their AQ they have actually asked for a months Stay on the case!!! Also they have told court that the monetry side of the claim is settled and that they are just negotiating with me over the default (Mmm a few "not very trues" me thinks)

 

So I have copied the letters to court from CAP1 where they sent the account to Lowell's for the full 770 pounds - a copy of my experian report which shows also this is the full defaulted amount, a copy of the application form they are fobbing me off with as a CCA - it nowhere near meets the requirements of a CCA!!! just to prove to court that some untruths are flying around!!!!! I have asked court not to allow the stay on the basis that this company are just using anything to stall - they've already had an extra 2 weeks to file AQ - someone needs to tell CAP1 the game is up they've been beat? Seems they are just messing around and abusing the court system??

 

They clearly have no intentions of settling or negoatiating with me - the AQ was signed by Wendy Starr from their legal dept - her phone number is 0115 8433013 -

 

 

 

Hello lizzy, if the CCA was not provided within 30 days then the debt does not exist and cannot be enforced.:D You are not accountable at all for it, so therefore they have to wipe it.

 

Crappy One are serial abusers and they and the 'Fish' and all the others make me sick.

 

The circuit Judge should hold a meeting and agree this issue as what the Lincoln Judge did and chuck out their defence.:D

 

 

Milly XX


CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Hello lizzy, if the CCA was not provided within 30 days then the debt does not exist and cannot be enforced.:D You are not accountable at all for it, so therefore they have to wipe it.

 

Crappy One are serial abusers and they and the 'Fish' and all the others make me sick.

 

The circuit Judge should hold a meeting and agree this issue as what the Lincoln Judge did and chuck out their defence.:D

 

 

Milly XX

 

Hiya Milly,

 

If you;d seen the bundle I sent to the court to update this file with you'd have laughed for a week :D - I have seriously shown the judge how they are liars on the AQ - THEY HAD SOLD THE DEBT TO LOWELL'S AND WRITTEN FOOLISHLY TO TELL ME THIS WHILE THE ACCOUNT WAS STILL IN DISPUTE !!

 

Their letter "bragging" to me about this has been sold etc.. to Lowell's was dated weeks before they filled in the the AQ - so they have absolutely no excuses for lying to court about any matters!!

 

I also took the opportunity to show judge the copy of the "amended application form" that clearly shows non of the prescribed terms and conditions etc.. along with a copy of the MP Ian McCartney letter where it is discussed that a copy of an application form is not at all a CCA etc.. - so judge can see for themselves this company are not being fair and truthful etc..

 

I asked court not to allow them to have a "stay" on the basis of the :untruths" and that they have already had a 2 week extension on their AQ filing etc.. - NOT SURE WHETHER MY letter will work - but hey a girl can try??

 

At the end of the day this company got it wrong - they'll never win they spent their time shooting themselves in the foot? Hopefully Judge will ask this Wendy Starr to show her face and explain herself in court!!! She isn't going to see me back down as I haven't done anything wrong - I have always been honest and above board with CAP1 - shame they won't treat me the same??

 

Milly all I can do now is sit and wait for court to inform me which way this goes now - so I am happy with that cause I have won? Cap1 aren't going to have any choice?

 

Lowell's made me laugh though they sent the same "amended application form" to me as the CCA - so I shall write back and tell them try again this is an application form - at the end of the day CAP1 don't have an agreement - or they'd have used it to get my claim off their desks already? They'd not be trying to convince me the application form is a CCA would they??

 

I reckon we will see Wendy Starr hang her bbots up now?? :D :D


My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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Lizzy, excellent. :D Its your perseverance with fact and covering all their slimy tactics that will win you your case. Well done I hope I have the same sheer determination as you.:D

 

Milly XX


CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Just to let you know O/H has:

 

 

FULLY SETTLED INCLUDING

CONTRACTUAL !!

 

With no conditions and including court fees + letter costs and NO DEFENCE ENTERED!!!! The letter states that if they did defend will state that they intend to defend on the fact that they have paid him back in full. :D :D :D :D :D They have asked him to write to the court and state this is fully settled so as not to waste any more of valuable court time {this makes me laugh cos if they had of settled earlier no court time would of been wasted!!};)

. I think that we will write back and say that when the remainder cheque is received then we will notify the court it is fully settledthough account is in credit. What do you think write to the court or when the remainder credit is received as promised by cheque???

 

 

Woopeee!!!!!!!!!!!!!!!!!!!!

 

MillyXXXXX


CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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MILLY WELL DONE!!!! CONGRATULATIONS ON YOUR WIN!!!

 

GLAD THAT CAME THROUGH FOR YOU!! :D

 

Don't you just love it when a plan comes together?? :lol:

 

Just make sure their cheque clears into your own bank before withdrawing from court - to be honest court wouldn't expect otherwise!!

 

I had news in the post this morning my CAP1 AQ hearing is on 17th April 2007 - also court are allowing me to add the other stuff to my original claim and have given me a form to do that with etc.. - so it should all go ahead now too - will be interesting to see Judges Directions after that AQ hearing? By the time Judge sees the facts of this case where Cap1 have told court the monetry side has been settled - but their correspondence with Lowell's shows to the contrary and it's the full default amount they sold to Lowell's etc.. CAP1 just wouldn't dare take this any further?:lol:

 

So I am amused as they got surprises in their post today too which I copied to court to keep court in the loop of what was going on!! :lol: :lol:

 

I must find my thread and update that - I seem to have spent time chatting here ha ha sorry!!

 

Milly so glad you got your win and kept on at them - so worthwhile wasn't it?? I bet your hubby is so pleased!! Go treat yourselves to something nice!!! :lol:


My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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