Jump to content



  • Tweets

  • Posts

    • hello. yet another update for the case vs roadstar. ive had a notice of transfer of proceedings on the 12th february.   the small claims team has arranged for my case to be transferred to a hearing centre as they were not able to arrange mediation at this time.    the problem that im having is that i cannot get any garage mechanic to help me, or write statements, or basically get involved. i guess it will be my statement alone?
    • Hi.. I would like to give you the case number, but I am concerned about Disclosure as this reference if accessed will have all my personal details. Not sure if this would be accessible by anyone but a Judge etc... Hopefully, someone on this site may know..   Regards Tom
    • Magistrates liability order hearings are simply Council staff attending the Court to allow the Council Taxpayer opportunity to provide information about ability to pay, to see if a payment arrangement can be entered into. It is an administrative process as already explained.   If you have already provided all available financial, health and other information to the Council and they are proceeding to obtain the Liability Order, this is because it enables them to use all available means including bailiffs or deductions from benefits to obtain the Council Tax arrears.   Can I suggest that you make a complaint to the Council about them not taking into account your health and hardship circumstances. Argue that they have treated you unfairly by not giving you opportunity to have your ability to pay Council Tax reviewed and this has been detrimental to your health and wellbeing.   By making the complaint, hopefully this will enable them to work with you to fully address what help the Council are able to offer. I.e. is the Council Tax amount correct with any reductions applied, have all payment options been discussed, can Council waive costs of obtaining Liability Order.
    • What is the name of the window cleaning business? Have you taken photographs of the dirty windows et cetera?
    • i would suggest that you stick to researching on here only. use our search top right for say CTAX or liability order.   you seriously have some wild theories, but those are understandable.   as i have said, there won't be a court hearing you need nor would that help you at all nor are expected to attend, it's not like that, it's merely a rubberstamp exercise .   there is no right of forced entry for bailiffs collecting CTAX debts. the bailiff process is one of a letter which will be entitled Notice of enforcement, this gives you 7 days to pay the sum it outlines with an associated fee of £75 for it being sent. the 2nd step will be a visit, you have no legal remit to engage with them at all, i i would not do so under any circumstances, that visit will add a further £235 fee those are the only things a bailiff can do. the most they can charge is a total of £310.   police do not ever get involved in civil matters like CTAX debt. not sure where you ever got that idea from.   its saturday now so use the W/end wisely, get reading up HERE ONLY it might well pay you on monday to go RING the council CTAX dept and plead poverty etc etc. it might also pay you to find the email address or even better phone number of your local MP and get him involved. they can do wonders.   dx 
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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


Please note that this topic has not had any new posts for the last 5049 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

  • Replies 91
  • Created
  • Last Reply

Top Posters In This Topic

Deller, did you take your Cap One to MCOL/N1 stage or did they pay up before you got that far?

 

mickkane have you filed on MCOL now or have they still got time? We have 2 accounts with Cap One (now closed) they told me they were looking into my 'compliant' and told my wife they had refunded the difference between 20 and 12 qid to her credit card.. naturally ive written to refuse that partial payment and moved to LBA on on both, but now singularily rather than seperate accounts.. Makes me laugh, them crediting an account thats closed..

Link to post
Share on other sites

Some people have amended their spreadsheets to include new charges. If you do go to MCOL / N1 with the new amounts added, make sure you send an amended copy to Capital One..

 

uK

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.

Link to post
Share on other sites

Thanks so im going to file my claim on mcol on wednesday, will i send a new list of charges to capital one before i do that.

 

I rang them today to ask whats happening and they said there is a letter on the way offering £392.

 

Will I have to send a letter of thanks I will accept this as part payment even if the letter arrives after the mcol claim has been made.

Link to post
Share on other sites

You should accept any offer as partial payment only.. and that you will pursue them for the rest. There are Rejection letters in the Bank Templates Library. There are some links below to guide you.

 

Uk

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.

Link to post
Share on other sites

Ok im due to file on MCOL tomorrow and have rang capital one again to see whats happening as still have heard nothing.

 

They told me they sent out a letter on the 15th march with an offer of £392 but it has still not arrived. They say they will send out another but will take about 2 weeks.

 

What would you all do, go ahead and file the claim or wait, just I am not sure what to do if after I have filed for the full amount I recieve the offer, can I refuse for it to be credited after filing for what would be more than what they owe me if they pay me this partial amount.

 

Hope this makes sense.

Link to post
Share on other sites

Ok just this minute filed my claim on MCOL, felt quite nervous paying all that money, anyway should get it all back hopefully.

 

Might need some help as I go along from now though, how long does this all normally take after filing your claim.

 

Thanks everyone and good luck

Link to post
Share on other sites

Once they've acknowledged your claim, which you can check on the MCOL web site, they have 28 days from that date. I got paid on day 21 (But that was Nationwdie) so they were cutting it close.

 

Cap One may be different ive heard they pay up pretty quickly after MCOL has been filed and im in the line waiting to file MCOL for them. So your about a week ahead of me.

 

Until then there is nothing else you can do except for read threads in relation to the A & Q that sometimes get sent out. I never got an A & Q with the Nationwide because my claim wasnt complicated. I might get one with Capital One though because there are 'other matters' outstanding.:-D

 

Sit back now, and wait then spend it all and have fun ;)

Link to post
Share on other sites

With my claim against Cap One they did settle fairly quickly, I filed through MCOL and the money was recieved before the AQ's were returned so shouldn't be too long for you now me thinks.

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

 

Link to post
Share on other sites

Hi everyone, filed MCOL on wednesday and have today received a notice of issue from Northampton County Court saying the notice will be deemed served on the 3 April and the defendant has until the 17 April to reply.

 

I have also received the offer of £392 in writing from Capital One today so this offer is after I have filed my claim, its the usual stuff with a part to send back if I accept this offer and will accept the complaint as closed.

I will obviously not be accepting this offer but I have seen a lot of people writing that they will accept it as part payment.

As I have already filed my claim would it be ok to send the letter declining the payment and advising them that I have already submited my claim to MCOL.

 

Thanks for any help.

Link to post
Share on other sites

Yes you need to send a copy of your schedule to Northampton ****y Court, make sure your case number is with it and send a brief letter asking for it to be included with that case number as you filed online.. Hope that helps

 

Steve

Link to post
Share on other sites

Send a copy of your schedule to the court with this cover letter,

 

 

 

 

 

 

(YOUR ADDRESS)

 

 

 

 

 

 

The Court Manager

Money Claim Online

Northampton County Court

21-27 St Katherine’s Street

Northampton

NN1 2LH

 

(DATE)

 

Dear Sir/Madam

 

(YOU) –v- (BANK)

Claim No: ********

 

I have today requested the issue of a County Court claim via the Moneyclaim online service, details as above.

 

Please find enclosed a schedule of the money taken from me by the defendant bank by way of charges, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached with the particulars of my claim.

 

 

Yours Faithfully

 

(YOU)

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

 

Link to post
Share on other sites

Thanks Deller, thats the letter I sent with 2 copies of my statements, do I just wait now until I recieve a letter from there solicitors and then also send them a copy.

Link to post
Share on other sites

Yes Mick thats correct.

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

 

Link to post
Share on other sites

Hiya

On my claim against cap one I didn't send a schedule of charges to the court just to capone, but it can't do any harm. They acknowledged the claim and said they would defend within a few days of service, but then sent a full settlement offer about a week prior to the defense needing to be submitted. IE within the 28 days. They don't seem to get as far as the AQ's, but you need to actually claim in court to get them to settle. Seems stupid cos its costing them loads in court fees, but perhaps they think it outweighs the people who drop out because they won't go to the court stage.

Good luck :)

ali

Btw I am no expert just give notes based on what I have read on here and other forums/sites, plus my own experiences and investigations.

 

All ccj's now dropped off file, 2 yrs to go to clear file.

All old debts either settled or made unenforcable.

 

RBS MPP-Full offer at 8 wks from first complaint

RBS Overdraft loanguard-full offer at 8 wks from complaint

Citicard ppi-with FOS finally paid 8 months after offer through FOS!

Capital one x2- with FOS

Monument ppi-with FOS

aqua x2 ppi-partialled settled still pushing for the rest

Black horse ppi-offers made and accepted except for one early loan they say no info held-still pushing for payment

Link to post
Share on other sites

Fingers crossed for you Mick!!!

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

 

Link to post
Share on other sites

Hi recieved my acknowledgment of service today, there are 3 boxes on the form

 

1 I intend to defend all of the claim X

2 I intend to defend part of the claim

3 I intend to contest jurisdiction

 

I take it by ticking box 1 that is there notice that they are defending.

 

What do I do now, it has an address for there legal department on it saying documents about this claim should be sent there.

 

Do I have to send anything there yet.

 

Also I have recieved again an offer of £392 from Cap 1 today, I take it I can just ignore this as I have already sent them a rejection letter having already filed the claim on MCOL before receiving the offer, thanks for the help

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...