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    • @Tom Price   Thank you for your note, which is very helpful.   Did VCS cite the following cases?   1. VCS v Ward 2. Semark Jullien   VCS threw the two cases to me in the last minute at my previous hearing. The judge accepted the extra WS and adjourned my case for me to read/defend it. My case is going to be held on 30th March.   Thanks!      
    • Hi,   So, I received a letter today from a debt collection law firm threatening CCJ action on behalf of Volvo/Santander for a voluntary termination of a vehicle. (I did request Volvo/Santander that a complaints procedure be started as I think the terms of the contract were miss sold but alas, they ignored me and went straight to CCJ action via a debt collection law firm!).   I digress, anyway, so the letter was addressed to me, it included my original signed contract, but, there was another document inside. This document was another hire contract with some other person details on it!   It includes:   Their full name Their address and postcode Their handwritten signature Their email address Their mobile telephone number Their debt amount Their vehicle registration    Is this a breach of the data protection act? On the flip side, my details could be in the hands of someone else, who knows?    What should I do now, is this a trump card that I could use if this matter does actually go to court? I did intend to argue against this debt in the first place.   Any advice on this would be most grateful!   TIA         
    • Hi guys   I received a county court claim form on Thursday dated 18/02/2021 saying that the claimant (CABOT FINANCIAL (UK) is claiming for the sum of £2140.14 on behalf of  NEW DAY LTD RE MARBLES. but it requests all documents to be sent to MORTIMER CLARKE SOLICITORS.   Now i think i did have a marbles card a while ago although my partner says that that was a capital one card.   But either way i don't like the idea of these parasites chasing me for money for a debt they probably bought for £10.    From looking around here it seems that i should be sending them a CCA request and a CPR 31.14.   I've bought a £1 postal order.   Is there anything else i need to do?   Thanks for any help given
    • Yes that is an absolute must. Generally the Council has no wish to see people committed to prison for Council Tax debt. They want to see the debt recovered where it is properly due and the debtor has the ability to pay. If he hasn't that ability they will take into account the debtor's financial situation and make any arrangements they can. But only a court can remit some or all of the debt. The more you engage with the Council the easier this will be.
    • I think you'd need to have formally noted you were working under protest at the time. 
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Mick V Capital One


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Hi everyone I'm claiming against Capital One and requested my statements on the 18th of Feb, on the 21st of Feb I rang them to ask how long it would take to recieve statements and they said they had no record of me asking.

They said they would ask for them to be sent out again and say they were sent out on the 23rd of Feb.

How long have most people waited to receive there statements, I know its just over 2 weeks today that I originally applied for them and they can take upto 40 days I believe,

I am just getting so impatient waiting to see how much money I can claim back from them

 

Good luck everyone :-)

 

Mick

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Guest Niklowe

Make sure that you do everything in writing and send recorded. They can take it right to the 40 days if they want and there is not much we can do I'm afraid. I must admit the waiting is tiresome, but put it to good purpose by reading and preparing for the next steps.

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Just got my statements today, they owe me £1106 in charges so that equals £233.03 in interest, a total of £1339.03.

 

Sending the request of for a full refund straight away aand not accepting anything other than a full refund.

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Whats the chance of getting all of it back with the rule about to be changed about an acceptable amount for charges, am I to late and will I have to accept the difference, or have I done it in time

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Hi Mick

 

Even if the OFT recommend the charge to be £10, they are still unlawful charges, so it's business as usual for us to claim it all back.

 

Ukaviator

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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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There is a balance of about £630 on my card, They owe me just over £1300 will they just clear my balance and send me a cheque for the difference, or will they try to put the credit on my card.

 

I dont want this as I think they will try to charge me for withdrawing the money off the card.

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There is a balance of about £630 on my card, They owe me just over £1300 will they just clear my balance and send me a cheque for the difference, or will they try to put the credit on my card.

 

I dont want this as I think they will try to charge me for withdrawing the money off the card.

 

Make sure you state that you want the difference paid to you by cheque

Just hate every DCA out there

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There is a balance of about £630 on my card, They owe me just over £1300 will they just clear my balance and send me a cheque for the difference, or will they try to put the credit on my card.

 

I dont want this as I think they will try to charge me for withdrawing the money off the card.

 

I had a similar experience, I actually made sure my balance was zero so that they would have to refund me by means of a cheque. They still paid the funds into my account, which at first thought it would not be a problem, that was until I tried withdrawing it. I was told there was a 200 quid withdrawal limit and that I was unable to make further withdrawals until I had made a payment on my account. Now why should I have to make a payment when I owe them nothing. They owe me.

I requested that the outstanding balance was returned immediately and that the account was closed. They have transfered the funds to my bank by BAC's and this cleared yesterday.

  • Haha 2

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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There was the small matter of the cash handling fee everytime I wished to make a withdrawal from a atm. They certainly do try it on and tbh don't think they'll ever learn.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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The fee is now 3% of the total you are getting from the ATM... Handling fee. . we are now paying for the upkeep of their equipment as well..

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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Just rang Capital One to check that my claim was being dealt with, they said they had no letter about me claiming charges back, I know they do as sent it recorded and they signed for it on the 7/3/07.

 

The women on the phone said well I can assure you we never received anything and can I ask you to make a payment as your account is overdrawn and you will be charged again.

 

Almost fell over laughing, can not wait to send the next letter now, do they really believe that I can not check to see if they have recieved my letter.

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Hi just rang Capital One again, just to taunt them a bit really as they have been ringing me, the address I sent my letter to after getting all my statements and asking for them to be refunded was:

 

CAPITAL ONE SERVICES INC

TRENT HOUSE

STATION STREET

NOTTINGHAM

NG2 3HX

 

It has been signed for but they are saying I should of sent to to:

 

Executive Dept

ERC Dept

Capital One Bank

PO BOX 281

Nottingham

NG2 3HX

 

are they just being awkward saying they have not recieved it and are they trying to trick me into sending letters to a PO Box as I know MCOL do not accept these.

 

PS please just reassure me I have sent it to right address lol.

 

Good Luck everyone

 

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Well I sent mine to the same place as you did and I got a result.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Thanks Deller, dont really care if I hear from them or not within the next week or so, just want to get to the next step.

 

Been reading that the next letter I send I should give them another 14 days to reply, but on the moneysavingexpert website that Martin says to just five them 7 days.

 

Does it really make any difference, the faster the better.

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Well I've always followed the guidelines of this site and had 2 very good successes in doing so. It's totally up to you but if it were me I would use the 14 days as that is whats been tried and tested.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Well I've always followed the guidelines of this site and had 2 very good successes in doing so. It's totally up to you but if it were me I would use the 14 days as that is whats been tried and tested.

 

Listen to this man- he talk sense, and a lot of it.

Just hate every DCA out there

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Hi everyone there 14 days are up tomorrow and have heard nothing, got my LBA all printed up and ready for posting tomorrow.

 

Been reading loads and loads on this site since I have started and its all very helpfull.

 

How many of you have been made an offer before your first 14 days are up.

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You may get a mesley offer of the differnce between the charges you got and the new £12 limit, but obviously you refuse that.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Has anyone went all the way to the court stage without hearing anything at all after getting your statements.

 

I was thinking I would of had at least a letter from them by now saying they are dealing with it.

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Also is this the right address for the LBA letter

 

CAPITAL ONE SERVICES INC

TRENT HOUSE

STATION STREET

NOTTINGHAM

NG2 3HX

and for using one MCOL, seeing lots of different addresses about now and starting to think I may of used wrong one.

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Its not long now before I file my claim on MCOL I have sent my LBA but since sending that I have had more charges.

 

Is it ok to add these extra charges to the MCOL even though they are not in the original letters sent to Capital One.

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