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New Claim - Another Capital One

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Thanks uk but I have already sent my letter but you are right in that the above is short and to the point. I just want to make a point on the Limitations Act. Please stick around though as I am sure I will have some question on the allocation questionnaire, am reading up on it now and will definately send with the the Draft Order for Directions.Just a question though, at the end of their defence they state 'Capital One will now defend the claim on the basis that the correct amount has been paid in full. (which is the amount they offered me but about £1,000 short of my claim.Now on the front page No. 1 How much of the claim do you dispute? They have ticked that they dispute the full amount but it gives the option under that 'I admit the amount of xxx If you dispute only part of the claim you must either, pay the amount admitted to the person blah blah blah. Then send this defence to the court.

They are confusing me to say the least.

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nice letter doo, by the look of it i'd say you should be getting a full offer before to long;)


OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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Hi doo

 

The thing we seem to be doing across quite a few posts is remind the banks about the Limitation Act. There is no Statute Of Limitations, only in America. If they are still concealing their charges even today, then we claim it all back beyond the 6 years. BF added a note above all bank charges threads a short time ago.

 

They are saying that because you have been paid out, they dispute the claim if it was to go further. Stick to your guns on this, you maybe get a reply very soon. How long did you give them?.

 

Uk


Some useful links.

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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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I think the letter they sent me was meant to panic me, quoting me Statute of Limitations and saying my calculations were wrong, well I certainly got my spready checked out by Redsonja and Bill-k. As to the six year thing they are implying I can only go back 6 years from the date of the actual claim being submitted to the court, well I started my claim with prelim in 1 Feb 07 and my first charge date was 6 Feb 01, so think I am right. I left off any earlier charges.

 

Did not actually give them a dead-line on the letter I sent - I thought it would be guided by court time-scale, well I am determined on this matter now. This afternoon I have gone through the guides for the Allocation Questionnaire and the Draft Order for Directions so I am prepared. Thanks.

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c allen, glad you like the letter, it took long enough lol :D

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hello, lurker here, im waiting for my statements off cap one at the moment and then will be going after them. just wanted to say ive been watching your thread for a while now and wish you the best of luck.

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Hi lurker, that is a great name lol, hope this thread has been of use to you, keep watching. By the time you get your statements you will know exactly what to do and what cap one are like to deal with.

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Hi folks,

Just wanted to make reference to UKs letter a minute. Yep short and to the point but I would worry if you accept partial payments, as then you are taking them to court for just the interest and as we know this has been frowned upon previously. I personally would refuse any partial payments and then the whole amount can be taken to court. I know you have sent your letter doo but just wanted to point this out for other people who are watching your thread and are dealing with Capital One. I think its the wrong route to go with partial payments but that is just my honest opinion.


Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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great letters doo

Stand your ground and I am sure you will get it all (and you deserve it!)

good luck


Apple x

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Hi Sonja, this is the exact reason why I rejected their offer and will send back the cheque, I want to keep my claim intact so I don't just go to court to argue over the interest.Applecrumble thanks for post, it's so nice to have support.

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Thanks Tanz, I wondered where you had got to - am going to hold out, principle and all that. Hope your credit files finally got updated.

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Thanks Tanz, I wondered where you had got to - am going to hold out, principle and all that. Hope your credit files finally got updated.

 

I have been busy, experian is not showing as a default, however it is showing in the last 36 months as number of status 1-2 is 13 and the number of status 3+ is 4 (which is not helpful) I want it all removed really so might write a letter tomorrow morning and send it of reg delivery.

 

Also hadn't had time to call call credit to see if there was any change to my file so will do that tomorrow.

 

Tanz

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Doo - did the defence doc make any reference whatsoever to the lawfulness of the charges?

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Hi folks,

Just wanted to make reference to UKs letter a minute. Yep short and to the point but I would worry if you accept partial payments, as then you are taking them to court for just the interest and as we know this has been frowned upon previously. I personally would refuse any partial payments and then the whole amount can be taken to court. I know you have sent your letter doo but just wanted to point this out for other people who are watching your thread and are dealing with Capital One. I think its the wrong route to go with partial payments but that is just my honest opinion.

 

Hi Redsonja

 

You are correct that we should'nt go to court on the contractual side alone, if they have offered the charges with 8% added and the court fees. As there is still some time left before the court hearing, the letter doo has sent to them is stating that the claim is already in the system with the court service. The banks are still trying to call the shots when claims have gone in. In my opinion if a claim has gone in for Contractual as well, as it is what they have charged doo on every charge, then full and final settlement is the amount on the claim form. We await the reply as they have paid out in full before.


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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They certainly have UK. They paid me full charges, court fee, postage for letters and full contractual interest..just waiting for the cheque. I just didnt want people to get confused over your letter :)


Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Thanks for bringing it up. It's a long shot to see if they will adjust the figure knowing that the case is still on.


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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Will pm you sarah.

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sarah, have cleared inbox.

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hello doo

 

sorry for jumping in your thread, but like you am claiming against cap one!!well just about to do N1 forms and was wondering if you could help me with this as i am too claiming CI and not sure on how to word the N1 form also i have had a part refund put into my account and also dont know how to put this in my claim form

 

I know its cheeky but is there any way i could have a look as to what you put down in your claim please!!!:confused:

 

thanks

albbyswife

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was this part refund enough to cover your charges?

and have you already accepted it?


OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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hi

 

No the part refund does not cover the charges as it was only a third of the ammount of the charges

 

I sent back a letter to say that i would only accept this ammount as part payment and would continue claim for the remaing ammount

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you should be ok then, i asked because they'll try the pay the charges beck, then you'll have to claim for the C/I only, halifax have done this with me,[ and i fell for:o ] so now i've got the almost impossable task of claiming £31 in charges and £2500 in C/I:eek: , not good. so if you get another offer, do not accept it even as partial, keep the claim whole, very, very important.

i can't remember the wording i used sorry, but i'm sure doo will be able to help;)


OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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Thanks c allen, you took the words right out of my mouth, just to add as well - beware if you have a balance on your card - you may find they pay your card off, it seems it is another way of them separating the charges from your contractual claim. As c allen says, if you allow them to repay the charges you could end up in court just fighting for the CI.

 

albbyswife I will pm you my POC this evening and will subscribe to your thread.

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