Jump to content


  • Tweets

  • Posts

    • Shein has been linked to unethical business practices, including forced labour allegations.View the full article
    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
    • Hi Just to be clear a Notice to Quit is only the very start of the Housing Association going down the Eviction route there is a long process to go. Also to be clear if you leave at the Notice to Quit date only and go to the Council claiming you are Homeless they will more than likely class you as Intentionally Homeless therefore you have no right to be given temporary housing by the Council. The only way that works is when the Court has Granted a Possession Order then you can approach the Council as Homeless with the Court Order. As for the Housing Association issuing the Notice to Quit because there investigation has proved it's not your main residence but you have witness statement to prove otherwise. From now on with the Housing Association you need to keep a very good paper trail and ensure to get free proof of posting from the post office with anything you send to them. You now need to make a Formal Complaint to the Housing Association and please amend the following to suit your needs:   Dear Sir/Madam FORMAL COMPLAINT Reference: Notice to Quit Letter Dated XX/XX/2024, Hand Delivered on XX/XX/2024 I note in your letter that you stated that the Housing Association has carried out an investigation into myself and came to the conclusion that I am not using this property as my main residence and have evidence of this and have therefore issued a 'Notice to Quit' by XX/XX/2024. I find the above actions absolutely disgraceful action by the Housing Association. 1. Why have I never been informed nor asked about this matter by my Housing Officer. 2. Why have I never been given the opportunity to defend myself before the Housing Association out of the blue Hand Delivered a Notice to Quit Letter. 3. I have evidence and witnesses/statements that prove this is my Main Residence and more than willing provide this to both the Housing Association and the Court. I now require the following: 1. Copy of your Complaints Policy (not the leaflet) 2. Copy of your Customer Care Charter (not the leaflet) 3. Copies of your Investigation into this not being my main residence.    As well as the above you need to send the Housing Association urgently a Subject Access Request (SAR) requesting 'ALL DATA' that simple phrase covers whatever format they hold that in whether it be letters, email, recorded calls etc. The Housing Association then has 30 calendar days to respond but that time limit only starts once they acknowledge your SAR Request. If they fail to respond within that time limit its then off with a complaint to the Information Commissioners Office (ICO).     
    • Hi Sorry for the delay in getting back to you The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke. So I would Ask them: Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge. Until the above is answered you require these Court Fees to be removed from your Account (Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)
    • Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all
  • Recommended Topics

  • 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
        • Like
  • Recommended Topics

ICY -V- Capital One


ICY
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4564 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Got a thread going for my claim against abbey so thought its now about time i started for my capital one account i used to have.

 

The background

 

Applied for a credit card from them back in July 2004, they gave me a 200 limit, cant remember how or when i got behind, i think it was from when i was being charged from the abbey thus bouncing the DD, then ended up behind with payments

Think it was March 2005 i started paying the balance off, they wanted £20 per month, but i decided i would struggle and paid £20 per week, left me very skint for a while but got it all paid off somehow, with the final payment recorded on my bank statements being made on 27th May 2005

Since i have looked at my credit file i have seen that capital one have made a default against me but the dates dont make sense, see extract below from my credit file, says that partial settlement was made, dont know if there are any charges i can claim for as if it was a partial settlement then they may have let me off with the charges.

 

Company name: CAPITAL ONE

Account type: Credit Card / Store Card

Special Instruction Indicator: Partial Settlement

Special Instruction Start Date: 04/2006

Started: 28/07/2004

Default Balance: £438

Current Balance: Satisfied

Defaulted On: 19/01/2006

File updated for period to: 16/04/2006

 

 

The issue i am more concerned with is the dates on my file, it shows as me defaulting in 2006 when all payments were finished in 2005, no wonder i had so much trouble getting the mortgage last year if they saw a recent default, am i able to have this default removed as i dont know if it was caused by charges

:madgrin:

Link to post
Share on other sites

  • Replies 175
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Maybe send cap one a SAR then you can go through your statements and make a start claiming your charges. Also I would definately start to question these dates, I also had question marks over dates and when I questioned cap one they offered to remove my default which has now been done, have just put my N1 form in today for my charges. There are quite a lot of threads on cap one forum now where people have had defaults removed.

Link to post
Share on other sites

  • 2 weeks later...

Thanks doo

 

I am adding this sentance onto the bottom of the SAR, anyone any comments ?

 

I also request details of ALL entry’s made against me on the credit reference files, and request copies of any default notices served on myself.

 

:madgrin:

Link to post
Share on other sites

When I sent off for my son's SAR they did send everything, not that I can understand most of it mind you. Unlike Monument who just sent a list of charges. I am not asking for default removal though on his claim so you may get everything like I did,but it won't do any harm to add that or even state FULL SAR.

Link to post
Share on other sites

Icy, just keep on at them and always ask for any info in writing and send recorded, then they can't wriggle out of it. Most important thing to remember is make sure you ask for default removal in prelim and LBA and of course in the POC (when you file court action ) and keep your claim intact, do not accept any part-payments before filing court action, that way you are more likely to get default removed.

Link to post
Share on other sites

I am sending EVERYTHING recorded dealing with 13 claims at the mo, 2 mine and 11 mother in laws, have loads of recorded slips here, as above i am not even sure if they do owe me charges and wont know until everything comes back from them, but my default entry IS incorrect

:madgrin:

Link to post
Share on other sites

Well you could ring them 0800 9524914, as I said before when I rung and questioned them on the date they had defaulted me and the date of my payment and what I had been told at the time they offered there and then (after a bit of discussion while I waited on the phone) to remove my default which I might add they have done. Made my claim simpler as now am only claiming charges on my court claim.Hope your filing system is good with all those claims lol

Link to post
Share on other sites

  • 3 weeks later...
  • 1 month later...

My credit file has now been changed, however the dats are still incorrect, so even though they have now removed the partial settlement bit to show the debt as satisfied they still havent put right the information they have falsely sent to the CRA

 

changed from :

 

Company name: CAPITAL ONE

Account type: Credit Card / Store Card

Special Instruction Indicator: Partial Settlement

Special Instruction Start Date: 04/2006

Started: 28/07/2004

Default Balance: £438

Current Balance: Satisfied

Defaulted On: 19/01/2006

File updated for period to: 16/04/2006

 

To :

 

Company name : CAPITAL ONE

Account type : Credit Card / Store Card

Started : 28/07/2004

Default Balance : £438

Current Balance : Satisfied

Defaulted On : 19/01/2006

File updated for period to : 29/05/2007

Status History: (brackets indicate most recent status)[8.gif]

:madgrin:

Link to post
Share on other sites

My credit file has now been changed, however the dats are still incorrect, so even though they have now removed the partial settlement bit to show the debt as satisfied they still havent put right the information they have falsely sent to the CRA

 

changed from :

 

Company name: CAPITAL ONE

Account type: Credit Card / Store Card

Special Instruction Indicator: Partial Settlement

Special Instruction Start Date: 04/2006

Started: 28/07/2004

Default Balance: £438

Current Balance: Satisfied

Defaulted On: 19/01/2006

File updated for period to: 16/04/2006

 

To :

 

Company name : CAPITAL ONE

Account type : Credit Card / Store Card

Started : 28/07/2004

Default Balance : £438

Current Balance : Satisfied

Defaulted On : 19/01/2006

File updated for period to : 29/05/2007

Status History: (brackets indicate most recent status)[8.gif]

 

Hi when I checked my crap1 statements I remembered that I had a yearly charge on my card even if balance was zero this could be what they defaulted you they still put this charge on when I was not able to use my card. They could have done somthing link this to you and then put charges on yuor account for none/late payment.

 

hope this will help dpick:shock:

Link to post
Share on other sites

The problem is they have shown the account as defaulted on a date after i paid the debt off and they had supposedly closed the account

:madgrin:

Link to post
Share on other sites

can the default be removed because of this or will they only change the details?

 

they have finally cashed my cheque yesterday nearly 2 months after i sent it to them

:madgrin:

Link to post
Share on other sites

ICY, I had my default removed as I found out the payment I had made had actually reached them before the default date, when I rung them to question dates they actually offered on the phone to remove it. This has been done but the late markers are still there. Have you spoken to them? Obviously back up everything my letter as well but may be worth a try. 0800 9524914.

 

Will have a look at your Abbey thread as am about to submit a claim for my brother.

Link to post
Share on other sites

  • 4 weeks later...

I would prefer not to ring them, i want to have proof of everything which has been said, they still havent responded to me at all, nice to feel ignored:rolleyes:

:madgrin:

Link to post
Share on other sites

The default date should be the date they served notice on you via a default notice they would impose it. What date did they day in the default letter?

 

Anyway if your claim charges are for more than the default make part of your claim a requirement that the default is lifted.

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

Link to post
Share on other sites

  • 2 weeks later...

Been getting carried away with claim 1 and 3 and have neglected the rest of the claims and let them slip, its time to correct that wrong now, i should have filed this claim on 5th June

 

I have just printed N1 and schedule of charges X 3 ready to take to the court on Friday, will be the first claim not to have been filed using mcol any tips what to expect when i get to the court building.

 

Hopefully using this route will cut out delays i have experienced when using mcol.

 

I cant beleive the fact they havent even acknowledged the letters i have sent, not even to say they are dealing with my complaint ect

 

What is the usual way for Capital one to treat claims once they have been filed at court, i know each bank/credit card company treats these claims differently.

:madgrin:

Link to post
Share on other sites

I have never received a default letter

 

Then the default isn't valid

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

Link to post
Share on other sites

Glad to hear it fellow cagger:D

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

Link to post
Share on other sites

Been to file the N1 at court, and i must say i am extremely angry at the admin clerks behaviour, i gave him all 3 copies said i would like to submit these for a new claim please, he took them looked over them made me correct a minor error i made (didnt put Mr in front of my name so watch for this guys) then before he took the payment he said to me "you do know the banks are defending these cases and they are using details of cases that have been won at court in there defence as a precedent" i politely informed him no case case been won at court setting a precedent, I then informed him i know what i am doing and know what i am talking about as i am currently dealing with 13 other claims of this nature, he then told me that "the websites around arent up to date with current developments in these cases" at this point i lost the will to continue the discussion, i couldnt be bothered arguing any further and just paid and walked out ignoring what he was saying, i expected him to give me my copy back with the seal on it there and then but said it will be posted to me.

ARGHHHHHHHHHHHHHHHHHHHHH i am so angry right now, had he been talking to a very nervous person, there is a chance someone would walk away not submititng as they had been scared off by him, it was just pointless trying to argue with him as he obviously believed his misguided opinions were right and wouldnt listen, i really had to laugh when he said cag wasnt always up to date, this site is probably more up to date and aware of whats going than the courts are.

:madgrin:

Link to post
Share on other sites

Totally out of order Icy but you know better ;) - you will find Cap One a stroll in the park compared to your dealings with Abbey, which I am watching closely. Are you claiming statutory or CCI? Also, you will get your default removed, got mine and my O/Hs removed, also the late markers on my credit reference entry.

Link to post
Share on other sites

Thing thats annoyed me most is the chance someone could be put off claiming by his comments.

I am claiming the stat, luckily there are no late markers on my file just the default, i have already asked them to remove the default as well as return the charges, but they have completely ignored me and have not responded to a single letter, sound familiar. i am now being ignored by Abbey, Ashursts, Hsbc and cap1 all at the same time, it must be me lol

:madgrin:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...