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    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Capital Capitulation


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Sorry but this really was worthy of a new thread..

 

As many of you may be aware via my main thread "Capital Offence".. I have had some very entertaining and memorable conversations/correspondence with Captial One since April when I first approcahed them for refund of £210 in charges.

 

Might I please please take this opportunity to remind you of the last correspondence I received from Capital One dated 21 April in which they reminded me of their incompetence:

 

"I understand that you feel we've acted in a decitful and outlandish manner. I'm disappointed you feel this way but we're unable to change the process."

 

and then went on to say bog off you aren't ever having your charges refunded, and that they knew more than the OFT with:

 

"We disagree with the OFT's analysis and believe that our current fees are both fair and legal."

 

Well I though you might all revel in the knowledge that today is the 14th day of my LBA (to which I have received no reply). I casually logged on to my account to check a payment I had made on monday had been received, and thus I could use the card to file my moneyclaim.

 

The account details appear online.. and tell me that I am actually in credit on my card. I'm thinking "hmmm, must be a minus sign missing or something". Nope. Turns out Capital One have refunded the full amount - no questions. No letter (yet). Just a nice, fat credit applied to my account saying "overlimit fee refund".

 

Not even "goodwill gesture". I love it. What muppets.

 

"We disagree with the OFT's analysis", tell you to bog off, are really aggressive and rude to you, ignore you correspondence, virtually laugh at you down the phone, and then to reinforce our position we refund in full, without even waiting for you to file against us.

 

Clearly they don't disagree with the BAG's analysis then!!

 

Cheers guys. Been a fun journey. Hope this provides encouragement to other Capital One baggers.

"BA Group. The World's favourite CA Group"

 

HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.

BARCLAYS settled in full 2 days prior to submission of defence by Barclays

CAP ONE settled in full on day 14 of LBA (£210)

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Good news - and snap! They are starting to pay out without entering into any meaningful dialogue. We could be weeks away from them paying out once a DPA request is made...or even just sending a postcard saying 'give me my money' :p

 

It's great news...now don't forget to fill in the survey!

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Well spice I have to tell you mate... perhaps the funniest and most satisfying credit card payment made to date...

 

my next credit card statement is going to read like a work of art

 

10 May 06 OVERLIMIT FEE REFUND £XXX

 

11 May 06 PAYPAL RE: Bank Action Group £XX

 

 

Capital One will love that.

"BA Group. The World's favourite CA Group"

 

HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.

BARCLAYS settled in full 2 days prior to submission of defence by Barclays

CAP ONE settled in full on day 14 of LBA (£210)

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Funny you should say that - those two entries are adjacent on my online statement already...it does look somewhat surreal...warped even...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Ah...mine only says 'cash credit' and 'paypal payment' unfortunately...

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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Congratulations!:)

Halifax acc 1: 1st request letter sent 20/4/2006

LBA sent 27/04/2006

1st action filed Kirkcaldy Sherriff court 03/05/06

 

Halifax acc2 (closed): 1st request sent 03/05/06

LBA sent 11/05/06

Capital 1: 1st request sent 11/05/06

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  • 12 years later...

This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

"BA Group. The World's favourite CA Group"

 

HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.

BARCLAYS settled in full 2 days prior to submission of defence by Barclays

CAP ONE settled in full on day 14 of LBA (£210)

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