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    • Hi   It a bit late now as you have sent them a letter before action but I would have waited for their response to those questions especially number 1. and to clarify for you asking these question would not put you in the position of Mears implying that you agree the money is owed as this money for the Roof Repairs is in Dispute with yourself (Landlord).   I would wait and see what response you get from Mears.   Also have a good look at Mears website and see what other bodies they are registered with   In the mean time something else to consider sending Mears is a Subject Access Request (SAR) asking for 'ALL DATA' that simple phrase covers all data they hold whatever format they hold it in whether it be recorded calls, written, emails etc.   They then have 30 Calendar Days to respond to your SAR Request, this time limit only starts once they acknowledge your SAR Request.   If they completely ignore your SAR Request then you make a complaint to the Information Commissioners Office (ICO):   Your right of access ICO.ORG.UK     What to do if the organisation does not respond or you are dissatisfied with the outcome ICO.ORG.UK   Make sure and put it in writing and get Free Proof of Posting from Post Office   Note: a SAR is now Free there should be no cost involved due to the DPA 2018 & GDPR 2018   I know I have asked a couple of times now but is there any reason why you can't post up a Redacted copy of that Agreement with Mears (in PDF Format)?    
    • Sorry I can't edit the post now meant to change it so that the Claiment is (lowell portfolio LTD)   I have done everything you have said already.   registered online on the GOV site, I have my date set already to file for defence which is 2nd February, CCA request sent off along with CPR forms recorded with postal order.   I have had a reply back already from Overdales sending me the same CCA information as last time.   All that is left to do now is file my defence online. Overdales no longer wish to respond to me unless I make payments. I will file my defence online Thursday next week. (my DO work)   post #6 has the CCA information overdales sent me as per post #20 if you could cast your eyes on the PDF document again they don't seem to have sent much and it's what they appear to be using in court.   Would you say that is enough info for them to use should it go that far? my defence is that they haven't supplied all the paper work to make and informed decision about the debt and they haven't complied with any S78 request or offered any explanation as to the missing documentation I have asked for it has left me in a position regarding payments to any debts up in the air because there isn't enough information regarding the debts.   Thanks   Again
    • name of claimant is not overdales - a solicitor representing a client cannot be the claimant.   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual on the Gov't Gateway Site Go to HMRC's login page. Click the GREEN sign in button. Click “Create sign in details” Enter your email address where asked. You will now be emailed a confirmation code. ... You will now be issued with a User ID for your government gateway account.  note down your details inc the long gateway number given, you might need it later.  then log in to the MCOL Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit MCOL. .. get a CCA Request running to the claimant ...YOU MUST SEND A CCA REQUEST FOR EACH DEBT IN THEIR POC https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... .[use our other CPR letter if the claim is for an OD or Telecom Debt] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . on BOTH type your name ONLY Do Not sign anything . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............      
    • Which Court have you received the claim from Northampton N1   Name of the Claimant ? Overdales   Date of issue –  31/12/2021   Date to submit defence  - 2nd February    Particulars of Claim   1. claim comprises of the following agreements the defendant entered into: a) shop direct financial services current balance £937 B) shop direct financial services current balance £3742   2. The agreements were terminated as payments were not maintained and subsequently assigned to the claimant A) total sums = £4679 B) interest pursuant of s69 £374 c) costs   What is the total value of the claim? £4680 = with court costs and interest = £5609   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? YES   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CATALOGUE   When did you enter into the original agreement before or after April 2007 ? AFTER 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? ONLINE   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? YES   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DEBT PURCHASER (LOWELLS HAVE THE DEBT AND OVERDALES ARE ACTING ON THEIR BEHALF)   Were you aware the account had been assigned – did you receive a Notice of Assignment? NOT SURE IT'S BEEN A WHILE 3 YEARS IN DEBT AT LEAST   Did you receive a Default Notice from the original creditor? NOT SURE IT'S BEEN A WHILE 3 YEARS IN DEBT AT LEAST   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? NO   Why did you cease payments? WAS WITH A DEBT CHARITY (STEPCHANGE) MAKING PAYMENTS TO A NUMBER OF DEBTERS WIFE LOST 2ND JOB AND COULD NO LONGER AFFORD PAYMENTS (STEP CHANGE SUGGESTED I GO BANKRUPT I DIDN'T WANT TO DO THAT) CAME TO CAG FOR ADVICE IT WAS SUGGESTED I DROPPED THE CHARITY AND WENT ON MY OWN. FOUND IT EASIER SOME DEBTS ARE BEING PAID SOME CAN'T GET CCA INFO SO NOT HEARD FROM THEM FOR AGES OVERDALES HAVE BEEN THE ONLY PERSISTANT ONES FOR THIS DEBT.   What was the date of your last payment? CAN'T REALLY REMEMBER BUT PERHAPS 2017 OFF THE TOP OF ME HEAD   Was there a dispute with the original creditor that remains unresolved? AT THE TIME WHEN WIFE LOST HER JOB THEY WOULDN'T REDUCE PAYMENTS INSTEAD PILED ON INTEREST AND FINES. ENDED UP NOT RESPONDING TO THEM ANYMORE AND BEEN IN DEBT SINCE TO DCA'S   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? YES I DID AND THEY WEREN'T INTERESTED
    • So many memories of listening to his tracks when I was younger, also making me feel rather old as well
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Coll2900 V Capital one - Help Needed


coll2900
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Hi

 

You should accept the offer as part payment only. There are rejection letters in the Bank Templates Library.

 

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've got one more question, if anyone can help please, when I send the rejection letter accepting their offer as part payment, should I also sign the form they sent with the letter. Maybe I should amend and sign the form?

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No don't sign anything they send you. This is a standard response from Capital One.

 

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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  • 3 months later...

HELP!!!!

 

After a good few weeks of not being able to go anywhere with my claim, I’m ready to start the court process. I sent cap one a rejection letter after they offered the £8 difference. The rejection letter gave them 14 days to pay up or I’d start court proceeding, 14 days is now up.

 

Can someone please, please, please have a look at my POC, I know that we shouldn’t be posting full POC but I’m claiming contractual Interest so this isn’t the normal one. I don’ want to get it wrong at the court stage. I’ve used Vamps new spreadsheet ‘Throughout claim with contractual interest’ but I’m a bit unsure of the figures to use in the n1 form

 

My questions are in red. Many thanks for your help

 

Value Section

Charges £xxx.xx

Overdraft Interest £xxx.xx – should I change this to interest paid on charges

Interest under s.69 County Courts Act 1984 £xxx.xx and change this to Compounded Contractual Interest

Court Fee £xx.xx

TOTAL £ xx.xx

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just. have no idea what to say here for CCI

 

 

I just don’t know what to say for this bit

 

 

 

1. The Claimant has had a credit card account ("the Account") with the Defendant, which has been open since January 2002 and remains open.

 

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Accounts in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. The claimant claims compound interest on the amounts claimed, using the rate and method as applied by the defendant to monies it is owed. A schedule of the charges and interest calculated is annexed to the Particulars of Claim. The claimant’s ground for seeking restitution of the compounded contractual rate of interest is that the defendant would be unjustly enriched if the claimant's entitlement was limited to the statutory rate of interest in that the defendant has had use of the sums and would have used these sums to re-lend at commercial compounded rates. Additionally, the Claimant has not had the benefit of the sums and has therefore been unable to use said sums to repay borrowing elsewhere.

 

6. Alternatively, if the court decides that the claimant is not entitled to the contractual rate of interest (as outlined at point 5 above), then the claimant claims statutory interest under s.69 of the County Courts Act 1984.

 

7. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges on the Account in the sum of £1,256,

 

b) the removal of any prejudicial information which the Defendant bank may have passed to third parties in relation to the Account and in particular the removal of all Default Notices registered with credit reference agencies since this was caused solely by the level of disproportionate penalty charges. The Claimant’s request is made under the Data Protection Act 1998, section 14, which gives the power to the Court to order the removal of inaccurate personal data,

 

 

c) a refund of all interest paid on the said charges amounting to £2,816.19, (This is the total of column E interest on penalties)

 

d) compound interest on the said charges at the contractual rate of 34.9% at £1,497.93, (this is from column K Bank interest on penalties and column L Int. on bank int. on penalties)

 

 

e) alternatively, if the court decides that the claimant is not entitled to interest in accordance with the contract, then the claimant claims interest under s.69 of the County Courts Act 1984 at the rate of 8% per annum calculated from 9 March 2002 to 12 June 2007, which is £1,658.07 (I’ve used the 8% bit from the complex spreadsheet and have added the totals of penalty charged, 8% on penalties, interest on penalties, 8% on interest on penalties)

 

f) Court costs;

 

I believe that the contents of these particulars of claim are true.

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  • 2 months later...

Hope there are few people still around to help, I've got a dilemma. After filing my n1 for a total of £5933 including CCI, Cap one has paid up £2506, which are the charges plus the 8% interest and the court fee of £250. That leaves just the CCI going to court if I continue. £1422 went to clear my outstanding balance on the card and I’ve received a cheque for £1084.

 

I have to respond to the AQ by tomorrow and pay the £100 fee, which I don’t get back.

I want to just accept and leave it t this stage but what happens to the default.

 

Am I right in thinking that the default can only be removed if I win outright in court?

 

I know I’ve left this to the last minute so any help would be greatly appreciated.

 

Thank you

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Am pretty certain you have to carry on to court to get the default removed, unless you try for it later in a new claim but its very difficult. The CCI going to court on its own might be a bit dodgy , there's a thread on here Linsey V Capital One which you might want to have a look at. This is the best I can do, I'm not an expert and I'm sure someone more clued up than me will be along soon.

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Coll2900

 

It seems to me that essentially you have to decide whether to accept or decline the offer, and an offer is all it is at the moment. Don't forget that you have asked the Court to decide the rate of interest, it's not for Cap1 to dictate.

 

Numerous people have been in the same situation as you are now.......

 

Some people have accepted the offer and called it a day. However, this makes it difficult to persue anything you originally claimed for at a later date; things like removal of a default or the difference in interest rates won't be easy to chase later.

 

Some have accepted the offer as part payment and carried on with the full claim.

 

And some simply decline the offer and continue with the claim by returning the cheque and informing Cap1 to remove any credits made to the account.

 

I think the call is entirely yours.........

 

Good luck whichever you decide.

Dragon

 

:)

 

Abbey

S.A.R. - March 06

Settled in full £2300 - May 07

 

Abbey2

RFP - 13 June 07

N1 Filed- 20 July 07

Stayed - 07 Sep 07

 

Capital 1

S.A.R. - 25 June 07

Statements recieved - 29 June 07

RFP (with CCI) - 10 July 07

LBA (with CCI) - 30 July 07

N1 Filed (with CCI) - 19 Sep 07

Offer recieved (8% not CCI @ 34.9%) 28 Sep 07

Defence Filed (on basis that claim settled) 02 Oct 07

Cheque recieved and banked 16 Oct 07

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