Advice Before Starting Claim

chunky1977 · January 4, 2007

Morning All,

Having just started my claim against Nationwide I thought I'd look into other establishments that have made crazy charges against accounts I've held with them.

I used to have a Cr*pital 1 card but due to financial difficulties (and extra charges) I defaulted and the card was cancelled. It was then passed onto a DCA. Can I still go ahead and make a claim to get the charges back from them

thesergeant · January 4, 2007

Chunky,

Yes you certainly can. Just follow the same process ........

Good luck

ukaviator · January 4, 2007

Hi Chunky1977

Before you start please have a thorough read of the FAQs (there’s a Step by Step guide here too). You should print both of these out to refer to, so as to avoid having to ask basic questions later. Our aim is to make you aware of your rights as a consumer, enabling you to fight back against unlawful bank, credit and store card charges. In the website you will find information on how you could get your money back

Then look at other threads in your bank’s forum, so as you know what you can expect to happen. You can claim back your charges, and a few are trying for the payback of Early Redemption Charges on loans and Mortgages.

You need to spend 2 or 3 days gradually getting your head round everything. If you find a forum/thread/post of interest, save it in your Favourites, so as you can always find it easily.

There’s a lot to take in, but it’s time well spent and will ensure that you succeed in your claim without problems. Remember it’s not a race, don’t rush, just follow the guidelines one step at a time.

Take your time and have a good read around this site. Then come and join us in our forum. Here we can guide you every step of the way. Please remember, we are here to help you help your self.

When you feel confident that you understand the process and the various stages involved, start a new thread in your bank’s forum and post your progress and any questions there and you’ll get plenty of help.

If you any questions please do come to the forum and we will only be too happy to help you!

All the info to get you started is here:

http://www.consumeractiongroup.co.uk...se-read-these/

There are more links below to assist you get around the site.

Good luck

Ukaviator

kopite71 · January 4, 2007

Hi Chucky i'm in exactly the same position as you with cr*p 1. I have today sent this, as its gets them off my back for a bit. But most of the balance is for charges so will be starting on that shortly.

Bryan Carter & Co Solicitors

De Havilland Drive

Weybridge

Surrey

KT13 0NT

Further to your letter dated 12th December 2006, I require you, in your capacity as legal advisors to Capital One Bank (Europe) PLC to supply the following documentation.

1. I require you to supply me with a true copy of the alleged agreement you refer to. This is my right under your clients obligation to supply a copy of the agreement under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974. Their obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

This fee is not to be offset against the amount allegedly owing under any circumstances.

2. A signed true copy of a deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether your client is the original creditor or not under S189 of the CCA 1974.

4. You are notified that you are obliged to supply these documents within 12 working days.

5. You are notified that under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. Presumably, since you threaten court action in your letter you will have this documentation readily to hand as you will be expected to produce it in court in order to validate the legitimacy of your claim.

Take note at this stage, that any legal action you consider taking against me, will be both vigorously defended and contested. If you fail to supply the documents, then I reserve the right to show this letter to the District Judge or Sheriff.

Yours faithfully

kopite71 · January 4, 2007

Hi chucky i'm in exactly the same position as you with Cr*p 1. I have today sent this as it's gets them off my back for a bit. But the balance and the default were caused by charges, as a charge put me over the limit in the 1st place.