CB Vs CapOne + CI, Advice ?***WON***

[Dave777]

CB,

 

Have you started to write the N1 or MCOL to include CCI. I am filing N1 at the end of this month and wonder whether anyone has amended the standard N1 to include CCI.

 

 

 

Thanks.

 

 

 

Bump

[Curlyben]

Right a little update for you.

I've just come back from visiting my folks, and what did I find but a bog off letter from Cap1.

Now why do they respond to my SAR at my new address yet still respond to my prelim at my old address.

 

Any way it was a typical "four weeks investigation" letter, so time for my LBA.

Must admit to being slightly surprised by their response considering I'm claiming back to 2000.

Oh well their losse.

[Curlyben]

What planet are these people on.

Just received a letter at my home address saying that they can't find an account for me at this address.

Well that's hardly surprising as I've moved.

Now EVERY letter I send to these people has my account number and previous address on it, didn't stop my SAR, so this is obviously a new stalling tactic from them.

Oh well, time to resend my LBA and give them another 14 days.

What complete planks !

[ukaviator]

I know Curleyben. . . i blame their parents..

[Curlyben]

Received from my folks another nasty gram from RED.

I guess they don't know how to read DISPUTE.

 

Now this was the "we'll take legal action and make you bankrupt" one.

 

So what the hey, I decided to call them.

Freephone number for Lowell found (0800 0270 194), well they ARE both in the same building.

Was passed around a bit untill I ended up on the desk of " Jonathan.

I answer the "security" question correctly, well might as well and gave J a choice;

Either

1/ Conduct this call in an Adult and professional manner

OR

2/ Rant and rave and get nasty straight off.

 

This kid had his head screwed on right and chose option 1/, good for him.

After making it VERY clear that I didn't acknowledge any debt to RED, I gave him a quick update on what had been happening and the fact RED where still ignoring my dispute.

J informed me that the outstanding debt had been adjusted to about £70.

Fair enough I thought Cap1 have obviously been listening to some of my claim.

I then explained to J that I am pusuing Cap1 for ALL the charges AND CCI (had to explain that one to him) and I will be taking them to court over it.

J asked what value I was claiming.

Well over 20 times the figure he gave me, I replied.

 

I was then put on hold for a bit as J talked to the organ grinder (Teamm leader), when he came back he said that this debt was still due and RED would pursue it.

I then explained that acording to Cap1's S.A.R - (Subject Access Request) this debt becomes Stat Barred in about 6 months and if RED wants to take a legal route with me I'll tie them up in red tape so that it does. (A simple CCA will do that nicely)

Off J goes to the organ man again and returns to inform me that RED will be returning this account to Cap1 and won't be actioning me again.

Of course I requested this in writing.

 

So Curlyben strikes again and makes another DCA take their ball home.

 

So

DCA's - 0 CB - 6 !!!!!

 

Who's next

[Curlyben]

Oooops kind of lost track of time with this one.

Well LBA all done and dusted and NO response.

Slightly surprised as I didn't get an Udy missive.

 

Oh well time to get my N1 sorted out and get this baby filed

[Curlyben]

Well another nice letter from Cap1, saying that they ahve done nothing wrong and they will only refund £132. Well we'll just have to see about that, wont we

[Curlyben]

OK I've been very lax on this one.

I offered Cap1 a compromise, but they turned it down.

Oh well all looks good for the courts

 

Right so time to get moving again.

Now as this account started in 2000 should I mention anything about the limitations act in my POC, or just keep quiet.

The responses I've had from Cap1 haven't said anything about this, so I'm inclined to not mention it at all in my POC, but will do if it comes up in their defence.

 

Comments ?

[ODC]

Just read this thread over again from start to finish and glad to see Red realised the debt was going to be Statute Barred before they could go down the Bankrupycy route. Sounds almost too simple and nice for the Clownell Group an Red are supposed to be the scary bunch. Anyway I doubt wheyher they had any more than a photocopy of their application form

[Curlyben]

ODC, it's Cap1 so ALL they would have is the mailer application from I filled in from 2000

 

Red couldn't call a bankruptcy on this anyway as they where only chasing £200, but its not the amount but the principle of the thing.

After all I wouldn't be pursueing Cap1 for the charges if Lowell hadn't approached me in the first palce.

 

Their lose really, but what fun

[boobyerp]

Hi CB,

Is there a prelim letter template for credit cards with CCI?

 

Cheers

[ODC]

ODC, it's Cap1 so ALL they would have is the mailer application from I filled in from 2000

 

Red couldn't call a bankruptcy on this anyway as they where only chasing £200, but its not the amount but the principle of the thing.

After all I wouldn't be pursueing Cap1 for the charges if Lowell hadn't approached me in the first palce.

 

Their lose really, but what fun

I realise they have no mission of going down the Bankruptcy road anyway because if the debts under 750 quid they cant. What amuses me is the way they threaten to do this to everyone even if the debt is for a couple of hundred quid. Surely Clownells should realise that if you are not prepared to deal with them or Hampton Wick you are hardly going to deal with yet another trading style of Lowells

What a sad bunch of losers. They have spent more on postage and telephone calls than what they say I owe them for a debt which I know is Statute Barred and even if it were not they havent got the paperwork for it. They made a huge mistake ringing me to work to threaten me. I pretended I was the company owner and sent them packing.

[Curlyben]

*Update*

 

Well I've been a right lazy bottom with this and kid of left it simmering, but I got a couple of letters from the Clowns so that has spurred me on.

 

So too a nice jaunt to my local court with my 4 pages worth of N1, 3 times, paid the nice man and filed my claim.

 

So now the waiting begins.

 

Must admit I'm NOT going to my local court on a Friday again as it's sentencing day. There was SIX armed police, 8 motorcycle cops as well as a whole load of others. Made me feel a little uneasy I can tell you.

[Curlyben]

Right received my court paperwork in the post this morning.

Cap1 are deemed served on the 19th August, which is nice seeing how that's Sunday !!

 

So the waiting now starts.

[Curlyben]

So one week down, some to go.

Come on Cap1 you know I'm serious now so cough up

[ODC]

We all know you need the dosh to fight the ****

[Curlyben]

OK letter from court this morning saying that Cap1 have acknowledged service as of 28th.

So onwards and see what they do next.

[Curlyben]

Well this morning I received a letter saying Cap1 will repay;

ALL Charges

ALL interest on the account

s69 8% interest

Court Fees

so in total just over £900.

Ok so this wasn't the CCI total I was claiming, but a result anyway.

 

So where does the DCA come into it.

Well in July 2006 this account was sold to our friends Lowells.

Yes they ARE the owner of the account so

In order to apply these refunds, I have had to contact Lowell Portfolio and ask them to refund the above amount. As you only had an outstanding balance of £70ish, I have arranged to send the credit balance of £850ish to you via a cheque. You will receive this within the next 14 days

 

So a dodgy Cap1 account they bought has ended up costing them OVER £850 !!!!!

 

I would love to of been part of that conversation

 

I can't wait for the cheque as I'll scan it for everyone's amusement.

 

Now that's a RESULT in anyone's book !!!

[ODC]

Bet you Clownells bank with The Toytown Bank.

 

The £ 850 quid is probably more than they paid for doxens of Crap One Accounts

[elliejay39]

Well Done!!!!

& for the record I think you made the right decision about accepting the interest - its not a bad compromise is it?

[Curlyben]

Well in all honesty as they have offered to repay what they have, then court would simply be about CCI and nothing else.

I'm not that confident arguing just for the interest and nowt else.

[DOBBYDOG]

FANTASTIC !!!!!

GIVES US ALL HOPE XX

[ODC]

Up yours Clownells

[Curlyben]

Well cheque received this morning from Cap1.

Court action continues until it clears

[ukaviator]

That's great . . . well done.