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    • If it's Statute Barred and haven't made any payments towards it then send them a letter from the Library.
    • Hi 👋  I've received an out of the blue letter from Intrum saying they've passed a historic debt to Resolvecall who will be visiting our property if we don't get in touch.  I am certain this is statute barred and designed to scare us.  Do we ignore it?
    • 1) You can call them judge 2) I would say something to the line of "The Claimant needs to prove I was driving. I don't accept or deny being driving." 3) Yes I will see if I can find out for you now  
    • Hi All, I've just had the inevitable N24 and other paperwork arrive. I've read other examples on here and I think I understand the steps to follow. I have until the 28th May to return the N180 Small Claims Direction Questionnaire, I also have an N244 Application notice copy. I read an update on a case you kindly put a link in for me to read. Turns out they lost in court and are now struggling. I really don't want to get to that stage and am thinking mediation may be the way forward? Thoughts please? Pretty sure I've missed the 7 days to have the order set aside.  For reference, this is what I received: Dated 8th May Before Deputy District Judge Baker sitting at the Civil National Business Centre, 4th Floor St Katharine's House, 21-27 St Katharine's Street, Northampton, NN1 2LH   The Court will deal with the application to lift the stay without hearing under CPR 23.8(c)   It is ordered that:   The Application to lift the stay and for direction questionnaires to be issued is granted.   Because this Order has been made without a hearing, the parties have the right to apply to have the Order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order. If the application is one which requires a hearing, and   a) the party making the application is the Defendant; and b) the Defendant is an individual,   then upon the filing of the application the claim will be transferred to the Defendant's home court. In all other cases requiring a hearing the claim will be transferred to the preferred court.  
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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a bit of advice *** WON ***


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Hi, Im trying to get some information in regards to an old account with capital one that is presently with a debt collection agency newman and co which i pay monthly- they added charges to the account of approx 800! Not thinking that i could do anything about this i threw all the statements away!! I have just rang newman and co up to request details of the account including the credit card number which apparently they will send me today!! Do you think that if i get the information i have requested that capital one will send me my statements so that i can add up the charges??? How do i go about doing this is there a standard letter that i can send?? :?

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Thanks your coming in really useful!! Ive been trying to read all the stuff that is in the faqs but it got a bit confusing!! Thanks for your help!!

 

no problems!!!

feel free to ask away!

:D

Halifax

Settled in Full

Cap One

Settled in Full

Citi Card

Settled in Full

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  • 5 months later...

Hi all, Im confused i have just recieved all my statements as requested from Capital one (the account at present is with a 3rd debt collection agency that is threatening further action) Anyhow im confused as to what charges i can claim back, my credit limit was £200.00 There are late payment charges and over limit charges to the amount of £1200 but there are £220 further charges for purchase interest charges (can i claim for these?? The DCA are telling me that I owe them £426.30 yet i have made payments to the amount of £1482.00, Im just unsure as to how much to claim???

 

Can anyone help???

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Hi all, Im confused i have just recieved all my statements as requested from Capital one (the account at present is with a 3rd debt collection agency that is threatening further action) Anyhow im confused as to what charges i can claim back, my credit limit was £200.00 There are late payment charges and over limit charges to the amount of £1200 but there are £220 further charges for purchase interest charges (can i claim for these?? The DCA are telling me that I owe them £426.30 yet i have made payments to the amount of £1482.00, Im just unsure as to how much to claim???

 

Can anyone help???

 

Read up more threads on this site...There are plenty of people who have already gone through what you're about to...At this stage, you can claim for all overlimit charges and late payment fees. First thing first though..You must send a CCA - template in library- to the DCA who are holding your account..Dont forget to send it recorded delivery and with a £1 postal order..I doubt the DCA will reply to your CCA request within 12 working days, so you'll need to let them know that the account is 'in dispute' ...You also need to decide what form of interest you intend to claim...Either contractual or the normal 8% . It is important you decide which form of interest you intend to claim before you send a Prelim letter for payment....

Just hate every DCA out there

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  • 1 month later...

I am currently at the stage where i have sent on the 12th March my 2nd letter (letter before action)! today i recieved a letter from cap 1 dated the 9th March offering as a good will gesture to reduce the fees charged since oct 2001 from 20.00 per charge to 12.00 per charge (i calculate that they owe me 1180.00) they are offering to refund my account by 440.00 (cheeky bleeders) what do I do about this letter? Do i respond or do I ignore it and carry on with waiting 2 weeks then issue a court claim???

 

Thanks??? Oh when it gets to the court claim is that when i add on the 8% interest??

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Hi Jemg1077

 

Send them the rejection of settlement letter.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

Accept the money on the clear understanding you will persue them through the courts for the remainder.

 

When you file your claim with the courts then you can add the statutory 8% interest. This is section 69 of the County Courts Act, and therefore can only be claimed at this point.

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

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Thanks, ive just looked at the rejection letters but cant decide which to send, the letter i have recieved is attached to a form which i have to sign that states ' i confirm my acceptance of capital ones offer to refund fees totalling £440.00. This action by capital one is accepted by me as closure of my complaint'! No where on the letter does it state full and final settlement??? So which letter do I send or do I have to send one???

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Hi Jem

 

Use letter 1 : http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

Do not sign the form sent with it. You will be accepting their terms if you do.. Just send the rejection letter. You will get it all back, but you may have to file with MCOL. They may then file a defence, then they pay up..

 

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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Does this sound ok i have just altered it a little but I dont know if i have missed out something important, they have only offered to knock the 440.00 off my account if i sign the attached statement!!

Dear Sirs

 

Thank you for your letter dated 09.03.07 received today 16.03.07

I respectfully decline your offer as Full and Final settlement and request, once again, that you return to me all charges imposed on this account, totalling £1180

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

My letter before action dated 12.03.07 indicates that you have until 26.03.07 to respond before I commence legal action. My deadline remains the same despite this offer.

 

If you do not accept my conditions, or you do not respond within 7 days, I wish to stress that I do not accept your offer.

I trust this clarifies my position.

 

 

Yours faithfully

 

 

?????????????? Do i need to put anything else in or is it ok????

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  • 2 weeks later...

Hi all, well im at the stage of completing my court form, in total i am owed £1180.00 of which capital one offered to refund me 440.00 in full and final settlement, i responded saying that i would accept this as part payment but i would be continuing my claim for the rest. Since then i havent heard anything back therefore do i claim for the full 1180.00 plus interest or knock off the 440.00??? Im due to put my court papers in on thursday so its quite a rush??

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Have you actually accepted the £440???

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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I sent them a letter accepting the 440 on condition that this was only part payment and that i would be prsueing the remainder, I got the letter out of the templates library??? I gave them 7 days to respond saying if they accepted that or not but i havent had a response and the 7 days is up!!

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But you haven't actually recieved the money in any shape or form, is that 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

 

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OK, in that case you claim for the full 1180 plus the 8% interest under section 69.

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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  • 2 weeks later...

Hi all recieved my paperwork from my local court stating that my N1 form was served or deemed to be served on the 04.04.07, I did the form through my local court not through mcol as i am exempt from the court fees so how do i gain information like if the claims been acknowledged do i have to go to my local court?????

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