Jump to content


  • Tweets

  • Posts

    • Great thanks, will leave 2 in then, replace 3 and I think its good to go.    This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know.   Again thank you both for your help, really is priceless.         Defence:   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.    2.     The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   3.     Paragraph 1 is noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   4.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      5.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a)   show how the Defendant has entered into an agreement and; (b)   show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c)   show how the Defendant has reached the amount claimed for; and (d)   show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Hi just a quickie   Now in reference to my Post#2 here have they actually provided you with those policies that I pointed out and importantly a copy of there Public Liability Insurance?   If they haven't   Make sure and send them a little reminder adding to the letter in Post#32 that so far they have failed to provide these and you require clarification as to their reason for this failure     Dear Sir/Madam   Complaint Reference: XXXXXXXXXXXXXXXXXXX   Further to my recent letter about this matter Dated XX/XX/2021 I would also like to add that so far you have still failed to provide the following:   Copy of your Compensation Policy (not the leaflet) Copy of your Complaints Policy (not the leaflet) Copy of your Customer service Charter/Policy (not the leaflet) Copy of your Public Liability Insurance (not the leaflet) Copy of Repairs an Maintenance Policy (not the leaflet)   I asked for these is my letter to yourselves dated XX/XX/2021, to date you have failed to respond to this request nor is the Housing Association being Open and Accountable to it's Service Users and I require full clarification for the reason for this failure and when you are going to provide what I have requested.   If you refuse to provide these I require full clarification as to your reason with links to the relevant legislation and exactly which parts you are relying on for your refusal of my request.     Note: If they have answered this please ignore but from your responses I think they have tried to ignore this so you add this to put a rocket up their 'beep' so to speak.   You are more than welcome to the help it's what we are here for, you just look after yourself and take care     
    • The DVLA know less about POFA than my dog that died twenty years ago. They also never admit they have made an error.   Trading Standards would probably be a better avenue for you either on Council inaction on no pp thus appearing to aid and abet a PE scam, condoning PE committing an offence and allowing them to rip off the Council customers as well as financial impropriety by not insisting that PE pay for the requisite fees for permission. You could also complain to the ICO on the same grounds and get two investigations going.
    • I am surprised that POPLA found that your appeal had failed when Initial's response to the appeal had been withdrawn. There was no need for them to adjudicate. POP.LA should have agreed that you had won your appeal. I wonder if Initial  knew something that you and obviously POPLA didn't.  Ignore DRP. I was going to advise  you  write to Initial stating that as they had withdrawn their PCN on appeal so if DRP were acting on instructions from Initial they have breached your GDPR. However on second thoughts you may be best to send them a SAR first to get confirmation that they had withdrawn their claim before going for the breach.
    • so the eon A/C was never in her name anyway?
  • Recommended Topics

  • Our picks

  • Recommended Topics

thetenter v Cap 1***WON***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5279 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

Have sent off the request for the return of illegal charges and the 14th day is tomorrow so not holding out much hope of a full settlement lol.

My question is - can I change the interest from statutory (8%) to contractual (30+%) when I send off the LBA citing the fact that they have failed to reach an amicable conclusion within the 14 day timeframe?:confused:

Link to post
Share on other sites

  • Replies 85
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I was advised to start claiming contractual from the start so added it into my prelim, have a good read around the site as I believe some may have done it at the LBA stage, but my personal opinion is to start again - for the sake of 2 weeks you will now you have prepared your claim correctly which will hopefully give you the outcome you want.

Link to post
Share on other sites

I was advised to start claiming contractual from the start so added it into my prelim, have a good read around the site as I believe some may have done it at the LBA stage, but my personal opinion is to start again - for the sake of 2 weeks you will now you have prepared your claim correctly which will hopefully give you the outcome you want.

 

Woohoo a reply :D .Thx doo,been lurking here for a while now trying to take in as much as possible(been following your thread with interest :) )but damn theres just so much..........and I'm only starting with a small claim lol.

Having done the spreadsheets for the interest the difference is over £200 for compounded contractual if I've done it right compared with the statutory 8%.

I can see your point about starting again,but having been given the brush off with the "it may take up to 4 weeks to investigate further" letter I'm tempted to just carry on and adjust the LBA letter accordingly.

Link to post
Share on other sites

Well it's up to you about starting again but all I would say is that you may have seen that at the moment cap one do not want to pay my contractual but I feel I have prepared my claim 100% so am sticking out, now if this happens to you they may feel that you should have started asking for contractual at the beginning of your claim so in the long run may complicate things for you and when you get to the stage I am at you might start to regret your actions. In saying that you cannot always know how they are going to react to your claim - there have been quite a few paid out on contractual in the last two weeks, who knows.

 

In regard to your spready I am no expert I am afraid, what spreadsheet did you use in google? I used no. 13, the man you want is Bill-k who helped me but if you pm me the first few lines ie. amount, date I will enter these and see if we both come out with the same figures. Am off to work soon, then to the court to put hubbys claims in but will be around this afternoon. Also don't forget to let me know the interest rate you are using.

Link to post
Share on other sites

Oh well,2 against and none for,don't really want to go back two weeks and I know I'll probably regret it later but I think I'll just carry on and send the LBA as per the initial request.

Thx for the replies and it stands me in good stead when I go for Clydesdale and Black Horse. :)

Link to post
Share on other sites

If you are going to try for CCI then you must do so from the prelim stage.

Otherwise you can ony ask for stat interest when it gets to the court stage.

Be VERY careful whose advice you listen too

Link to post
Share on other sites

Hi doo,sorry bout that - decided just to go forward with the bog standard claim,however when I finally get my details through from Clydesdale it will be a different matter from the outset.

Link to post
Share on other sites

If you haven't already sent you LBA off yet, I would revise the schedule you're sending to include CCI; I'm not aware that you cant do this.

Perhaps Aviator will have a view on this?

 

Add a paragaph to your letter saying,

"I have been investigating this matter further and I calculate that you have taken £xxx plus £xxx which you have charged me in contractual interest at the rate of x% (compounded daily) for the sum which you have taken. Total £xxx

I am enclosing a copy of the revised schedule of the charges which I am claiming."

 

We can only look at your spready if you invite someone to collaborate. You'll need to PM whoever you choose with your email addy, they will let you have their own email addy, then you go into your Google account and add the email addy of the person who will collaborate on your spready.

 

Hope this makes sense ... :)

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

Link to post
Share on other sites

Was just getting ready to go out to post it when I got your post Paintball........the extra paragraph was exactly along the lines I was initially thinking of going.

You make perfect sense with the collaboration,it was a bit of a duhhhh!!! moment on my behalf but then I had been up all night reading stuff on this site.

Link to post
Share on other sites

OK just let me have your email addy and I'll try to help you get this sorted. In the meantime, check out this thread

http://www.consumeractiongroup.co.uk/forum/capital-one/84917-help-claim-cap-1-a.html

 

and read Aviator's advice on working out your CCI ...

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

Link to post
Share on other sites

Gotta dash to pick up offspring speak later

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

Link to post
Share on other sites

Oh,another question :oops: - I tried to get the free trial credit check with experian,but as I have moved recently(October!!) they dont have enough info for me to get it unless I send in the bumff........so could I add another paragraph to the LBA requesting the removal of any defaults or do I need to be specific?

Link to post
Share on other sites

thetenter, do you know if the account was definately defaulted, if yes then you include this in your letter - it's the bit in red in the template letter. It is possible to get the default removed I will post a link to a thread that will he helpful to you (although you may have already read it). Most important thing is that do not accept any funds as part-payment, keep your claim intact.

Link to post
Share on other sites

thetenter, do you know if the account was definately defaulted, if yes then you include this in your letter - it's the bit in red in the template letter. It is possible to get the default removed I will post a link to a thread that will he helpful to you (although you may have already read it). Most important thing is that do not accept any funds as part-payment, keep your claim intact.

Hi doo,unfortunately I dont know if my account was definately defaulted but as there where no payments made on it for several months I would say it is most probable,thats the reason for asking for the removal of "any" default as oppose to a specific one.

With regards to part payments,having followed your thread and several others theres no way I'm accepting one,its all or nothing.:D

Yeah thats another one I've read through,thx

Link to post
Share on other sites

Hi doo,unfortunately I dont know if my account was definately defaulted but as there where no payments made on it for several months I would say it is most probable,thats the reason for asking for the removal of "any" default as oppose to a specific one.

 

Yeah, that's what I did; included a paragraph about "removal of any default [...]" until I could access my Experian record and see whether there was indeed a default.

 

There insn't and I have subsequently removed the para in further correspondence including N1.

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

Link to post
Share on other sites

Bother, that quote thingy doesn't always do its thing:(

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

Link to post
Share on other sites

Yeah, that's what I did; included a paragraph about "removal of any default [...]" until I could access my Experian record and see whether there was indeed a default.

 

There insn't and I have subsequently removed the para in further correspondence including N1.

 

Thx again,time to start drafting that LBA albeit a day late.:D

Link to post
Share on other sites

Thx again,time to start drafting that LBA albeit a day late.:D

 

 

Quote? unquote ...:lol:

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...