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    • if i remember rightly, long ago in one of the first drafts of the old proposed gov't overhauls, there was a listing of recommended 'charges' that inc wrong reg = £20. some PPC's implemented such changes in advance. then later as it looked increasing likely the new code was never going to be implemented after it's 1st review and another set of codes was to be debated they all quietly revert back .......... dx
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    • receiving a default NOTICE (forget simple default cal markers) does not mean it will get sold on... OC's very very rarely do court themselves.  if it does you would receive a Notice of Assignment from the debt buyer/DCA.  as for reduced payment if it remains with the OC and they issue a DN, no harm in trying but lets get all your ducks inline first. dx  
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Brightestsparkler Vs Capital One


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Brightestsparkler

 

I think you need to be careful. Failure on Capital One's part to comply with a CCA request in effect means that you take the stance they have no agreement and therefore you do not acknowledge and they cannot enforce the debt. It is then contradictory if you reclaim charges on an account that you do not acknowledge. You need to do one or the other and for now they are not connected. You could go ahead and send prelim letter claiming your charges with contractual interest. Once you have seen claim through to completion and success!! you could then use the failure to supply agreement if you have any outstanding balance. I have not been down this route myself but there are a few good threads on the MBNA forum where this issue is currently being discussed - see Wednesday1867 v MBNA. Hope this helps.

 

 

glav:)

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You need to be very careful about claiming back charges under common law and then attempting to get the account written off under statutue. This could be seen as enrichment.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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You need to be very careful about claiming back charges under common law and then attempting to get the account written off under statutue. This could be seen as enrichment.

 

Rory32 you have confused me here, which is not difficult to do I admit or were you replying to what glav wrote?

 

I just want to get my money in the quickest way possible (as does everyone I know)

 

Getting my money back would write off my debt which is the ultimte goal - debt free!!

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I was really commenting on glav's post.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 3 weeks later...

Hi

 

Is there anyone out there who is able to advise me on my next steps here? Would like to get the ball well and truly rolling on this one now.

 

To date the only letter I have sent to Cap 1 is CCA request, surprise suprise they replied with the T&C's, they are now well beyond their time limit for compliance and have now commited a criminal offence (i think)

 

Any advice would be greatly appreciated

 

Thanks

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Hi

 

Is there anyone out there who is able to advise me on my next steps here? Would like to get the ball well and truly rolling on this one now.

 

To date the only letter I have sent to Cap 1 is CCA request, surprise suprise they replied with the T&C's, they are now well beyond their time limit for compliance and have now commited a criminal offence (i think)

 

Any advice would be greatly appreciated

 

Thanks

 

Hi brightestsparkler I have been in a similar position as you with CRAP1 I sent CCA and SAR. For CCA I received copy of my application form (Never did get agreement to sign) and for SAR got my statements. So I had a choice no agreement nothing to pay, or reclaim charges and maybe PPI(more on that later), so checked charges plus CCI against balance. Balance £1605 and still making payments, charges + CCI £1665 and rising daily so charges > balance will clear card. So I have gone the charges + CCI path and am going through court now and have just applied for judgement by default, will have to wait and see now what CRAP1 will try now. As for PPI my opinion here is that no agreement = PPI improperly sold (also have pre recognised medical condition and at time full salary for 6 month 1/2 for further 6 months so improperly sold that way as well) So when charges sorted will try reclaiming PPI plus interest on PPI fees. So if it was me check how much you can reclaim against card balance and be just as bad as they are.

 

dpick:p

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Thanks dpick

 

I have a current balance of approx £2500 on card with a limit of £2000. I am currently paying this via a debt help agency who have managed to get them to freeze interest and all that garbage. My claim would be for £1056.30. My aim would ideally be to not owe them anything.

 

Forgive me for being dull is CCI the same as CI which I believe is 34.9% for cap!

 

SO, should I now just send them the prelim letter?

 

Anyone?

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Thanks dpick

 

I have a current balance of approx £2500 on card with a limit of £2000. I am currently paying this via a debt help agency who have managed to get them to freeze interest and all that garbage. My claim would be for £1056.30. My aim would ideally be to not owe them anything.

 

Forgive me for being dull is CCI the same as CI which I believe is 34.9% for cap!

 

SO, should I now just send them the prelim letter?

 

Anyone?

 

Hi bright I am not to sure I always get it mixed up and am not able to check my copy N1 at moment but I used vampiress's number 16 spreadsheet total charges = £673 bank interest applied @ 24.9% = £336.40

cci or ci @ 24.9% = £657.44 or court alternative option @ 8% = £157

totals my option = £1666.85 or court option = £1182.18

 

The 24.9% was rate for my card.

 

Vamps Chamber just in case you want it

 

VAMPIRESS'S CHAMBERS

 

You will need to register it free.

 

all the best dpick:)

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