Browni24 v Cap 1....me & boyfriend

[brownie24]

Hi folks

 

After finally getting to grips with the whole CCI thingy (I hope so anyway)...big thanks to ukaviator:D ..... I have finally inputted all my boyfriends charges into vampiress spreadsheet no.13 and he is now ready to send off his prelim letter for a total claim of £1532! Nice one:)

 

I will use this post to keep all you peeps up to date with the progress of the claim and hopefully one day a payout:D

 

I am also getting ready to prepare my own claim but unlike my boyfriend I have not simply received copies of my statements but rather a large bundle of crap from capital 1 including pages of what looks like diary entries. As I don't have copies of the actual statements I do not have the interest rates I need to work out my APR! Has anyone else had this problem and what did they do?

 

Cheers

 

Brownie24:)

[brownie24]

Cheers again ukaviator:D

 

I will have a look at home for my last months statement. I actually received a letter the other week stating that my APR was due to go up!! Can I use this amount as the basis of my CCI claim?

 

Based on quick calculations I think my claim will settle my outstanding balance plus some At which point I think I may be wise to burn my crappy 1 credit card to keep the demons at bay!

 

Brownie24:)

[brownie24]

Hi guys

 

Just a quick update my boyf sent of his prelim on 28th April no response as yet so will get his LBA ready to send off early next week!

 

I am also now ready to send of my prelim letter. I rang Capital One this morn and after a bit of persuasion was told over the phone that my current APR is 31.54% so this is the rate I will be charging them for my CCI claim:D

 

Brownie24

[brownie24]

Hi

 

No response to by boyf prelim letter so ready to send off his LBA. Which address should I send this to? and can I use the one from the bank template library?

 

Do I change the figures in this letter to reflect the total claim to date? as I am claiming CCI at a daily rate

 

Thanks

 

Brownie24

[brownie24]

Hi

 

If I use the standard LBA and add the following would this sound OK?:

 

My statements show that you have taken £892.00 in unlawful penalty charges (late payment and overlimit fees). Plus I am claiming a further £672.07 to date in compounded contractual interest at the rate 35.6%, this being the rate that is currently applied to my account. The total sum to date being £1532.38. For your reference, I have attached a detailed schedule of these charges

Brownie24:)

[brownie24]

Cheers will do.

 

When got back from work today my boyf had recieved what seems to be the standard stalling letter saying that they are looking in to his claim and that he should have a response within the next four weeks! Whatever.....we're sticking to the 14 days deadline so off goes the LBA:D

[brownie24]

Cheers doo. Will change letter accordingly.

 

Its just that Cap. 1 refer to them as overlimit fee charges on my statement.

 

Brownie24:)

[brownie24]

Hi all

 

Right my boyf has had no response to his LBA so it's off to file the court claim now:D Could someone point us in the right direction for the POC for credit cards? Also I beleive that it is best to submit this direct with the court rather than MCOL as we can add more detail to our POC, is this correct? As he is claiming CCI can he now also add the statutory 8% or is this not allowed as well as CCI? and how do we outline this in our claim?

 

With ref to my Cap One claim after sending my prelim letter I have received an offer.......the difference between the old charges and the new £12 ones..........well you can guess what my reply is going to be to this:D

 

Brownie24

[brownie24]

Well just as my boyf is preparing to send off his N1 claim form he receives an offer today from Cap One........seems to be the usual silly offer of the difference between the £20 charges and the new £12 ones - amounting to only £320! There is a form for him to complete should he wish to accept the settlement.

 

As he is now ready to file his court claim does he need to send off a rejection letter as well or simply just get the court claim filed?

 

Brownie24:)

[brownie24]

Help, just a quick one before I confuse myself too much.....easily done:rolleyes:

 

I am filling in the POC for the N1 form as kindly supplied by Doo:)

 

In section 6. c) it says Contractual interest at a rate of 35.6% per annum, compounded daily calculated from the date of each transaction to ????? should I put todays date here? of £xxxx, is this the final figure of interest being claimed taken from my spready? as set out in the attached schedule of charges. The Claimant further claims interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xxx per day. How do I work this daily rate out??

Could someone help with my questions in red please? As I wanna make sure I get everything spot on.

I am also going to seek to claim wasted costs from Crap One as well and beleive that it is best to make them aware of this in POC - does anyone know what I should add to make them aware of this?

Cheers

Brownie24

 

 

[brownie24]

Cheers Doo.

 

Off to do that tomoz thanks to Doo:)

 

Brownie24

[brownie24]

Hi folks

 

Due to hols and the strain of being 8 months preggers taking its toll, I've not done anything towards our claims lately......hope it's not hindered things in anyway though:(

 

Well now i've got a bit of energy thought I better get things motoring again. With ref to my boyf. claim he was due to submit N1, which we delayed due to hols and lack of funds!!! but then we realised he had still not replied to settlement offer so i have put together the following letter:

 

Response to settlement offer.

Re. Account No. ****************

 

Thank you for your letter dated 25th May 2007.

 

I respectfully decline your offer of settlement and request, one final time, that you return to me all charges imposed on this account, totalling £1643.33 to date.

 

In order to avoid Litigation against you, I am prepared to temporarily accept the sum of £320.00 offered as partial settlement on the clear understanding that the remainding balance of £1323.33 is also agreed for payment within the next 10 days. Failure to comply with this request or if I do not hear from you within 10 days will result in legal action against you for full recovery, as detailed in my Letter Before Action.

 

I trust this clarifies my position and for your reference I have attached a detailed up to date schedule of these charges and interest claimed to date.

 

 

Yours faithfully

Does this sound ok? and will it not matter that i've left it a while since they had made the offer?

Brownie24:)

 

 

[brownie24]

Bump to my last question.

 

and also am struggling to pay my capital one card at the mo and they have threatened to issue a default beginning of Sept:eek: can they still do this at the mo while a complaint is ongoing?

 

Brownie24

[brownie24]

Thanks for that Glav. It is on my account that they are threatening to issue a default, I have just today issued my LBA and also rejection of their offer letter, so tomoz I will put together a letter to the collections dept I am also going to send them a payment by cheque towards the account so that I am at least making some form of payment on the account.

 

Cheers

 

Brownie24:)

[brownie24]

Hi Uk

 

I am struggling at the mo to keep up with the payments, I have missed two months payments....oooppps, but I am going to make a payment of £50 this month, this is all I can afford at the mo but it is not enough to cover the acutual min payment. Do you think this will be acceptable? We are waiting for some money to come through when I will clear the arrears on the account but this is the best I can do at the mo. Don't want to jeopardise the whole claim process though.

 

Have experienced some financial probs recently as boyf was off work for 12 weeks for an operation.

 

Brownie24

[brownie24]

Oh what a mess!

 

After such a promising start....finally getting to grips with CCI thingy and all that I had sent my prelim and LBA but have still not yet submitted my court claim.....due to lack of money! Partner lost his job last year and money has been v tight due to also having a little baby, so money has had to be spent on other things. Also due to lack of funds I have not made a payment on my Crap one account for a couple of months....oooopps!

 

Well now I have a notice of default served!!! My overdue amount being £479.33 (however this is mainly made up of their charges) I have to pay this amount by next week or I will lose my account and have a formal default notice on my credit file!!!! Now I really need to take some action against this, Can anyone advise with a letter of response?

 

Please help, don't want my credit file to be more adversley affected!

 

Brownie24:confused:

[brownie24]

Bump to my last post and also........

 

I decided to call Crap 1 today to see if they would put a hold on my default until they furnished me with a signed copy of the CCA.

 

Initially spoke to call centre in India but demanded to be put through to someone in England, who may have a better understanding. They gave me a phone number and I managed to speak to someone in England who told me that they would get the CCA posted out to me today, we'll wait and see. Anyway I was then transferred to collections in England and asked if they could put a stop on the default until I was in receipt of this info, they told me that there was no way they would do this and said that a formal default would be issued next week unless my account was brought fully up to date. I argued the fact that i was disputing the fees on my account and that i would be taking legal action against them for these very soon (just need to try and scrape some funds together).

 

Anyway my question in short is can they still formally default me if a) the account is in dispute and b) without me making sure they have the correct and full signed CCA? If not can anyone point me in the right direction as to what letter I should send to them and what consumer law can i quote them in order to argue my point?

 

I need to fax some repsonse to them on Monday, I was given a contact name in their legal team, in the hope of them halting the default.

 

Any help/advice much appreciated

 

Brownie24:-|

[brownie24]

Well I managed to scrape together enough money to pay Crap One so as to avoid getting a formal default registered, thought this would be much easier and less risky than trying to get a default removed.

 

While on the phone I conveyed my position with reference to reclaiming the fees on the account and informed that i would be commencing legal action againt them. On both my prelim and LBA i have included CCI claim as well but after reading some posts on here it seems they are not paying this out now, is this right? Also could someone point me in the direction of the case of restitution which I beleive may swing the case for reclaiming CCI?

 

Brownie24

[brownie24]

Oooohhh what a nightmare!

 

Having managed last month to scrape some money together last month to avoid my account being closed and a default being issued I have not been so fortunate this time!:o

 

My account is now closed and a statement of default officially issued Could someone point me in the right direction please? I am at the stage with Crap One where I need to issue my N1.......this is severely overdue should have been done last year!..... but money has been soooo tight I have not been able to afford it as yet. However now being in this sticky situation I need to take action against them. I was of the understanding that while my account was in dispute they couldn't issue a default.

 

Now this weekend I am going to issue proceedings against them but also now need to get the default removed......any advice on how I could do this? and is this likely to be successful?

 

Brownie24:(

[brownie24]

Hi

Thanks UK.

I was also thinking of sending a letter along the lines of :

Does this sound ok? and can you suggest anything else to add to add more weight?

Dear Ms Renshaw

 

Request for a True Original Copy of Signed Credit Agreement under Sections 77/78 of the Consumer Credit Act 1974.

 

 

Account in Dispute

 

On the 11th May 2007 I wrote to you requesting refund of the penalty charges which you have levied from my account. On 23rd May 2007 you responded to this letter by offering me a partial settlement to which I respectfully declined and asked that you return to me all charges imposed on this account. As I have received no response to this matter I believe this dispute to be open and ongoing.

During a telephone conversation with one of your colleagues on ?????? where you were demanding repayments on the account I asked that before I was to make any further payments or come to a payment agreement you furnish me with a true original copy of the Signed Credit Agreement to which the operator assured me that he would send a copy out to me that day. However I have to date received no such document.

 

My requirements

 

I am today requesting a true, signed original copy of any credit agreement that exists in relation to the above account. This is a legal request for information under Sections 77/78 of the Consumer Credit Act 1974. The statutory fee of £1.00 is enclosed herewith.

 

Whilst this account is in dispute, and remains in default – I should remind you that you may:-

·Not demand any payment on this account, nor am I obliged to offer any payment to you.

·Not add any further interest or charges to this account.

·Not disclose or pass on this account to any other party/agent.

·Not register any adverse payment history regarding this account with any Credit Reference Agency.

·Not issue a default notice related to this account.

Due to my outstanding requirements I am shocked that you have issued me with a statement of default and respectfully ask that this be removed immediately. Be advised, the Consumer Credit Act 1974/2006 makes very clear that, a default may only be issued for breach of a regulated valid agreement. Further, that disclosure under the Data Protection Act is not, and cannot be processed without express consent. This consent is expressly withdrawn until such time as a true copy of the alleged executed credit agreement is provided. As no such properly executed, enforceable agreement has yet been proven to exist, any attempt at serving default, or disclosure of my data to any third party, will have no legal standing.

 

I await your final response to this complaint within 14 days of this letter, and would ask you include your proposed actions in the event that you are unable to comply fully with this final request.

 

[brownie24]

I sent a letter similar to the one above on 2nd July and also requested a CCA.

 

I have received a reply from capital one and just want to check if it is correct, how can i upload my scanned images for people to have a look at?

 

Brownie24:confused:

Edited July 21, 2008 by brownie24

[brownie24]

Just worked how to upload images so here goes, would be grateful if someone could tell me if they have complied? and what letter i should send next?

 

IMG]http://i326.photobucket.com/albums/k435/brownie24_photo/capitaloneletterpg2.jpg[/img]

IMG]http://i326.photobucket.com/albums/k435/brownie24_photo/termsofmycapitaloneagreement2.jpg[/img]

[brownie24]

so there ought to be a Scan "join" somewhere in the middle. But that may not be visible, as the Scan is pretty poop and over-exposed to boot.

 

There is no physical way these were ever the same Document.

 

 

That's what I thought there is clearly two black lines running accross the document - as if it may have been cut and pasted!

 

1) This is not a Regulated Consumer Credit Agreement...it's an Application Form. If you can read it, there will be text saying "IF" they grant it, or "I APPLY FOR" etc.

 

 

3) It's possible the Terms are not the ones applicable when the Card was first taken out, but can you even read them?

It is def an application as it says " if my application is accepted" and "by signing this application"

 

On the covering sheet of the terms & conditions it even says that these are the current terms of my agreement with them!

 

Is there a reason why you haven't done so.

 

Rgds Budgie

 

The only reason being that I have not physically had the money. Partner lost his job, have a young baby and mortgage arrears so every spare penny has to go towards paying this off. Also because I have left it so long i am worrying that this will go against me? Should I start the process again? Although I still view it as being in dispute Capital One stated they do not and that is why they have defaulted me!

[brownie24]

Thanks everyone for the help and comments, feeling more postive now. I have phoned the court and asked them about the fees they told me that I would have to apply and fill out an exemption form and show them copies of my wage slips and bank statements, so i am off to do this today.

 

I have also spoken to Fredricksons and stoppped paying them, I have informed them that this is on the grounds that Capital One have been unable to provide me with a compliant copy of the CCA and I will not make any more payments until they do so and they have agreed to put a hold on my account for a week - so maybe they are beginning to realise that Cap One don't have a leg to stand on......fingers crossed.

 

Will keep everyone updated

[brownie24]

In my POC I will need to add a section about default removal. I have already send them a letter requesting a true copy of CCA and in this letter I stated - Be advised, the Consumer Credit Act 1974/2006 makes very clear that, a default may only be issued for breach of a regulated valid agreement. Further, that disclosure under the Data Protection Act is not, and cannot be processed without express consent.

I also made reference to the Data Protection Act - so I will have to use this in my POC, can anyone point me in the direction of a POC that also covers these points for default removal?

Thanks

Brownie24