PMHCFC v Capital One + default and CCJ removal **VICTORY**

[pmhcfc]

Well here goes...

 

06/01/07 Have just written up, and got ready for posting, my SAR for this bunch...

Just wondering if anyone can answer a question or two re this..Account is with Cap 1's solicitors, and a judgement has already been granted on this account..however, account is still 'open'..The limit on this card was measly, yet balance is showing as over £300 more than what the CC limit amount was (all has to be charges). When I get paid out on this, are they likely to send me cheque or pay it against the balance?

However, the biggest question here is; If the charges are unlawful and the only reason the account got sent to Cap 1's solicitors was because of the charges, how do things stand then? I know that I can get the judgement overturned, but what about the charges I've incurred (approx £100) for it going to court in the 1st place? Hoping someone can answer these queries.. Cheers ..

[pmhcfc]

bump

[syrill-sneer]

I have yet to get my payout form cap1, but if the amount your claiming is enough to settle your account, than that is where the settle will go, and anything left over I would imagine you get a cheque, I'm sure someone else can answer this a bit better.

All the court fees that you will enccur will be added to the total amount your claiming automatically by the court.

[pmhcfc]

Help someone please?

 

I'm still waitng for Cap1 to get back to me re the statements, however..Their bloody solicitors (Brian Carter) are threatening me that their going to send round the baliff's unless I repay the debt now!! I phoned them and got the usual cr*p from them..I tried telling them the account's in dispute but they wont listen...Help...what do I do now???

 

I have written this letter to Brian Carter...Is this letter ok ??

 

02/02/07

 

Your Ref: XXXXXXXX

 

To Whom It May Concern:

 

Despite several attempts to make your members of staff aware of the current situation regarding my account, they still continue to be rude, arrogant, ignorant and unhelpful (according to many reports this is not unusual for the staff at Brian Carter Solicitors- I was just making a point), so I am left with no choice but to write to you. I live in hope that this letter will be logged and understood.

 

THIS ACCOUNT IS IN DESPUTE WITH CAPITAL ONE BANK (Europe) plc. The basis of this dispute is in respect of unlawful charges made against me. It was because of those unlawful charges that caused this account to be referred to you in the first place. Consequently, if the courts (or Capital One) decide that the charges are unlawful, then I will be demanding the full repayment of them and the judgement made against to be removed.

 

The last individual I had the misfortune to speak to (that being a Mr Lucas) reassures me that you have every right to demand payment/issue court orders etc regarding this debt, even though he admits that Brian Carter Solicitors do not own the debt. Whilst I would appreciate if you could confirm to me in writing that this is correct by law, I still want it to be known that THIS ACCOUNT IS IN DISPUTE WITH CAPITAL ONE BANK (Europe) plc.

 

A Subject Access Request has been made to Capital One, and they have sixteen days left (of the forty) to comply with my request. Just one final question; According to the Law; is it up to me to inform you, stage by stage, how this dispute is progressing, or are you to refer to Capital One, seeing as though your staff keep reminding me that anything to do with this account HAS TO go through yourselves?

 

I look forward, with interest, to your reply and to the answers of my questions

 

Regards

 

 

 

 

XXX X XXXXXX

[tamadus]

Help someone please?

 

I'm still waitng for Cap1 to get back to me re the statements, however..Their bloody solicitors (Brian Carter) are threatening me that their going to send round the baliff's unless I repay the debt now!! I phoned them and got the usual cr*p from them..I tried telling them the account's in dispute but they wont listen...Help...what do I do now???

 

I have written this letter to Brian Carter...Is this letter ok ??

 

02/02/07

 

Your Ref: XXXXXXXX

 

To Whom It May Concern:

 

Despite several attempts to make your members of staff aware of the current situation regarding my account, they still continue to be rude, arrogant, ignorant and unhelpful (according to many reports this is not unusual for the staff at Brian Carter Solicitors- I was just making a point), so I am left with no choice but to write to you. I live in hope that this letter will be logged and understood.

 

THIS ACCOUNT IS IN DESPUTE WITH CAPITAL ONE BANK (Europe) plc. The basis of this dispute is in respect of unlawful charges made against me. It was because of those unlawful charges that caused this account to be referred to you in the first place. Consequently, if the courts (or Capital One) decide that the charges are unlawful, then I will be demanding the full repayment of them and the judgement made against to be removed.

 

The last individual I had the misfortune to speak to (that being a Mr Lucas) reassures me that you have every right to demand payment/issue court orders etc regarding this debt, even though he admits that Brian Carter Solicitors do not own the debt. Whilst I would appreciate if you could confirm to me in writing that this is correct by law, I still want it to be known that THIS ACCOUNT IS IN DISPUTE WITH CAPITAL ONE BANK (Europe) plc.

 

A Subject Access Request has been made to Capital One, and they have sixteen days left (of the forty) to comply with my request. Just one final question; According to the Law; is it up to me to inform you, stage by stage, how this dispute is progressing, or are you to refer to Capital One, seeing as though your staff keep reminding me that anything to do with this account HAS TO go through yourselves?

 

I look forward, with interest, to your reply and to the answers of my questions

 

Regards

 

 

 

 

XXX X XXXXXX

 

 

Hold fire on that letter for a few days PMH, I'll tell you why when you mail me the details I asked for in my PM. I think you just answered a couple of my questions now I found your thread.

 

I need to go out for a while but I'll be back later today. If you can mail me the full story then we can start putting this one to bed.

 

Cap 1 are not tough in any way and with correct handling this shouldn't cause too many problems as I see it at the moment.

[pmhcfc]

Right here goes...About to send the Prelim. Want nearly £600 back in charges + contractual interest + removal of both CCJ and Default + refund of Solicitor costs that came about because of the unlawful charges + return of £10 S.A.R - (Subject Access Request) + the kitchen sink ...who says I'm greedy

Just one other question...Can someone take a look at this part of my prelim...The rest of the letter is as per template, just want to check that this bit is ok...thanks

 

What I require

I calculate that you have taken £xxx.xx in unlawful charges. I also request that you refund me £xxx.xxp (calculated at 19.99% p.a) in interest in relation to the unlawful charges. In further addition, I request the return of £xx.xx costs I have already incurred for the court action you took out against me. Total £xxx.xx.

I enclose a schedule of the charges which I am claiming with this letter. If required, a full breakdown of the £xx.xx costs (not included on the enclosed schedule) which I am claiming, can be obtained from Bryan Carter & Co.

 

Additionally you have entered a default notice against my credit record, and obtained a C.C.J in 200x (Judgement value £xxx.xx). This default and C.C.J occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register and have the C.C.J overturned. Please note that mere correction or amendment to the default entry will not be acceptable.

[tamadus]

Looks ok to me pmh

[pmhcfc]

Right here goes...About to send the Prelim. Want nearly £600 back in charges + contractual interest + removal of both CCJ and Default + refund of Solicitor costs that came about because of the unlawful charges + return of £10 S.A.R - (Subject Access Request) + the kitchen sink ...who says I'm greedy

Just one other question...Can someone take a look at this part of my prelim...The rest of the letter is as per template, just want to check that this bit is ok...thanks

 

What I require

I calculate that you have taken £xxx.xx in unlawful charges. I also request that you refund me £xxx.xxp (calculated at 19.99% APR) in interest in relation to the unlawful charges.

Just changed one bit (in red)..So this is ok to go,, yes? Want to get started on this lot!

[rougesept]

If it's any use, Cap One quote an EIR (effective interest rate) rather than an APR but as far as I'm concerned they're the same thing. I used 'EIR' in my letters to them for clarity.

 

Rouge

[TANZARELLI]

That was handy your thread was at the top of the forum.

 

If you want to post a link to your thread all you do is right click your thread title in the main forum list for cap 1 then click copy shortcut. The when you want to post it in a reply or PM right click again and click paste.

 

HTH

[pmhcfc]

That was handy your thread was at the top of the forum.

 

If you want to post a link to your thread all you do is right click your thread title in the main forum list for cap 1 then click copy shortcut. The when you want to post it in a reply or PM right click again and click paste.

 

HTH

 

Thanks Tanz - I can't click on your scales because I've given you two lots of thanks without sharing it out to anyone else in between times lol

[TANZARELLI]

Thanks Tanz - I can't click on your scales because I've given you two lots of thanks without sharing it out to anyone else in between times lol

 

No probs, i have the same prob sometimes, I think i am just a bit tight, given 1 click out today though.

 

Tanz

[pmhcfc]

Right-- Prelim gone £charges + default removal and CCJ set aside request...Just noticing a new trend with Cap1 ? They write back after prelim letter offering difference from £whatever V's £12..Yet the figure they come up with is very near total claim,,although it shouldn't do based on what the difference between £whatever and £12 is...new tactic maybe?? We'll see..

[ajh021]

hi,

 

thanks for your help.

i see that i am just a step behind you.

Good luck, i will keep checking your progress.

 

AJH021

[TANZARELLI]

Have you seen that smel has been told by Cr@p 1 they will remove the default.

 

See here: http://www.consumeractiongroup.co.uk/forum/capital-one/51318-tanzarelli-cap-one-default.html

 

sorry here: http://www.consumeractiongroup.co.uk/forum/capital-one/42034-smel-c1-refund-plus.html

 

Tanz

[pmhcfc]

Have you seen that smel has been told by Cr@p 1 they will remove the default.

 

See here: http://www.consumeractiongroup.co.uk/forum/capital-one/51318-tanzarelli-cap-one-default.html

 

sorry here: http://www.consumeractiongroup.co.uk/forum/capital-one/42034-smel-c1-refund-plus.html

 

Tanz

 

Thanks Tanz (as always lol)...Yeah..read those- good stuff eh ? Mine will be soon (I hope)...just contemplating the best time to apply for the CCJ being set aside..Probably wait for their 1st offer then apply, then claim the cost of that back off of Cap1

[ajh021]

Hi,

 

Have you had any news off them yet??

 

AJH021

[dpick]

Hi PMHCFC I think that CRAP1 have done as you said sent their version of an agreement ie application form can you have a look and comment

 

There is even a sentence asking please send capital one visa card and pin number.

 

Image of crap1 - Photobucket - Video and Image Hosting

 

any thing from your claim yet dave

[pmhcfc]

Hi PMHCFC I think that CRAP1 have done as you said sent their version of an agreement ie application form can you have a look and comment

 

There is even a sentence asking please send capital one visa card and pin number.

 

Image of crap1 - Photobucket - Video and Image Hosting

 

any thing from your claim yet dave

 

Yours is an application form...

[pmhcfc]

Ok..Here's an undate of my Cap1 claim and I'd appreciate some help beacuse it seems a little unique to other claim...I'll round figures up to make it a little easier to follow..

 

Credit Limit £200

Owed on card £510

Unlawful charges £588

 

Now where this becomes difficult is regarding the CCJ on the account...The actual CCJ is for £174 + Costs ( £92)....I obviously want this CCJ 'set aside' as well as default removal..Im about to fill out my POC (after usual £20 - £12 offer from Udy) and I'm not sure how to claim...

 

When I get back the £588, Cap1 would automatically pay off the ammount owing- which in turn pays off the CCJ- which in turn renders the CCJ 'settled' as opposed to me having it 'set-aside'. If that be the case, then the CCJ (on CRA files) will only show as 'settled' when it shouldn't be there at all.

 

Do Cap1 have the power to get the CCJ removed from the CRA files once it is settled? Bearing in the mind the CCJ shouldn't have been issued in the first place!!

 

On top of all this, it's been 48 days since Cap1 received my CCA request and all they've sent is a copy of the application signature boxes.

 

So the consequence is-- what do I put in my POC ?

[dpick]

Ok..Here's an undate of my Cap1 claim and I'd appreciate some help beacuse it seems a little unique to other claim...I'll round figures up to make it a little easier to follow..

 

Credit Limit £200

Owed on card £510

Unlawful charges £588

 

Now where this becomes difficult is regarding the CCJ on the account...The actual CCJ is for £174 + Costs ( £92)....I obviously want this CCJ 'set aside' as well as default removal..Im about to fill out my POC (after usual £20 - £12 offer from Udy) and I'm not sure how to claim...

 

When I get back the £588, Cap1 would automatically pay off the ammount owing- which in turn pays off the CCJ- which in turn renders the CCJ 'settled' as opposed to me having it 'set-aside'. If that be the case, then the CCJ (on CRA files) will only show as 'settled' when it shouldn't be there at all.

 

Do Cap1 have the power to get the CCJ removed from the CRA files once it is settled? Bearing in the mind the CCJ shouldn't have been issued in the first place!!

 

On top of all this, it's been 48 days since Cap1 received my CCA request and all they've sent is a copy of the application signature boxes.

 

So the consequence is-- what do I put in my POC ?

 

hi PMHCFC cannot help you with this I am just over 12 days default stage with crap1 but will be watching as I am in a similar position as you are.

 

dpick

[deedee1310]

How did you get on? I notice your last post was in April.

 

I am in a similar position with Capital One and Citi Card. I would like to reclaim my charges and also have my defaults and CCJs removed deedee1310 v Capital One

 

Any advice is most welcome.

[pmhcfc]

How did you get on? I notice your last post was in April.

 

I am in a similar position with Capital One and Citi Card. I would like to reclaim my charges and also have my defaults and CCJs removed deedee1310 v Capital One

 

Any advice is most welcome.

 

Well bugger me (as they say)

 

Finally have a result...After tonnes of toing and froing Cap1 have agreed to repay ALL charges plus interest + removal of default + Bryan Carter themselves have applied to the courts and paid for a 'set aside' on the CCJ

 

Took a while but it's a VICTORY!!!

[ukaviator]

Well that was unexpected. . . Congratulations, well done. Great result

[deedee1310]

Well done you!

 

 

I haven't been on for a while so sorry it's taken me so long to offer my congratulations.

 

As you are now an expert in all things Crapital One and Bryan Carter, I need some advice. The last correspondence I had with regards to my case, was in September 2007 from the court. The crap ones had told the court that they had settled with me, to which I promptly replied that this was not the case. Since then I have not heard a peep.

 

Should I start hassling Capital One to get a faster resolution? I like you, am holding out for a CCJ set-aside.

 

Any insight you can give will be most welcome.

 

deedee