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    • Thank you for the reply - I'm half expecting them to either drop the whole thing or to spring the "We had to tell the court that you don't want to pay so we're going to restart proceedings" idea given the language in the consent order that I signed with them. Going to read up and prepare to defend in case they fancy playing that game. It'd be nice if they would actually play by the rules for once...
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    • Hi everyone,    They started sending threats:   Wednesday:    We have been instructed to proceed formally on this claim in 7 days in respect of the balance due to Photo Studio Group unless discharged or an arrangement made. This will result in a formal Letter Before Claim and Court Proceedings.    Thursday :    It's not too late to stop legal action. Settle the £1182.89 due to Photo Studio Group.    Friday 8:23am :   The £1182.89 due to Photo Studio Group is overdue we are now instructed to proceed with a formal Letter Before Claim.    Friday 6:28pm:   We are now considering whether to issue Court proceedings to recover £1182.89 owed to Photo Studio Group.        
    • Hi Guys, I would appreciate any advice you can give.   In mid September this year we went to a Caravan company to look at potential caravan purchases, we found one caravan that we liked it was a 2018 model,   however when talking to the salesman we expressed concern that the settee and the bed mattress seemed to be of very poor quality and lacked any real support. The settee and mattress also seemed older than the year of manufacture would suggest. The salesman assured us that the fittings were manufacture fitted and that was, 'Just how they are'. He agreed to look into the matter for us.   As a result we paid a £1,000 deposit on our debit card, the salesman asked us to sign a contract for sale regarding the caravan informing us it was 'a receipt for the money we paid'.   We were due to collect the caravan this week, however, during the period from signing the contract we felt that we were being mislead about the furnishings previously mentioned so we carried out some research.   I sent the photographs to the manufacturer and asked them if they were the original fittings supplied by them, they responded that the settee and mattresses shown in the photographs (Taken from the online sales pictures from the sellers website) were never fitted to that caravan and had never been supplied by the manufacturer. I also downloaded the brochure from the manufacturer that showed the settee and bed mattresses that were fitted to the year and model of the caravan we had paid a deposit on, were nothing like the ones currently fitted.   somebody has taken out the superior Settee and bed mattresses and replaced them with cheaper inferior quality ones which seriously devalued the caravan, notwithstanding reducing the comfort and quality of the caravan. He insisted that the photographs (taken from their website) were the correct fittings for that caravan.   On Sunday 20th October, I sent the caravan sales company a letter stating that we were rejecting the caravan and that we had been mislead as to the quality and provenance of the fittings, that we no longer had any trust in the sales company and under the Consumer Rights Act requesting the return of our deposit.   We received a response the next day that stated, they accept the cancelling of the contract however, they are retaining our deposit against the purchase of another caravan from them.   I think it is a given, that we would never darken their doorstep again let alone purchase anything from them. I would add that all our concerns and the company's responses have been via email, so we have an audit trail of what has gone on.   I have considered chargeback, as we paid on a Visa debit card (I know should have used a credit card) and I am aware that we have 120 days to try and implement this.   I'm looking for advice as to what to write to the company to start with, i.e. Letter of complaint (They have no complaints policy or procedure in their T&C, they are also not signed up to the Dispute Resolution Ombudsman Scheme) or a, Letter before Claim, or do I involve Trading Standards.   Any advice from the wise members of this group would be greatly appreciated.   
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      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
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      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Part Settlement.....Advice!


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Hi all (again!),

 

Well the 14th day after LBA was up today. Suprise suprise i recieved a letter frm Mr UDY . This was the usual one about paying the difference between £20 and £12 etc. Cap 1 have basically gone and refunded £160 straight to my card, out of a claim of £600.

 

Ok then MCOL time isnt it? Also do i send them a letter accepting part payment or just go straight to MCOL without telling them???

Any advice re MCOL??

 

Cheers all

 

Tel

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Guest ChloeJane

Hi there,

 

First thing you need to do is send a letter accepting what has been paid as part settlement and let them know you are going to continue for the full amount of your claim.

 

To do this a template letter in the link below will make it clearer.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

Template 4.

 

Then wait out the time given in the letter - if no response file.

 

Money claim online -

LINKS THAT ARE A MUST READ

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

All the best,

 

CJ

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Hi,

 

Thanks for the response.

Ok so when using letter 4 which paragraph do i include as they have already put the part refund straight onto my account. Do i leave the bit in about the fact that they can take the money back from my account? - I find that a bit scary!!!!

Also do i include the schedule yet again?

 

I would really appreciate any resonse to this as i feel i am getting close now!!!!!!!

 

 

Thanks for the help,

Tel

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Guest ChloeJane

Hi Again,

 

This paragraph here needs to be added -

 

(If the bank have credited your account, please use this note in place of the above paragraph)

If you do not accept my conditions for acceptance, or you do not respond within 10 days, the money transfered to my account should not be viewed as my acceptance and I hereby authorise you to remove this sum accordingly.

 

Instead of this -

 

If you do not accept my conditions for acceptance, or you do not respond within 10 days, I shall return the payment to you. For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter.

 

WHY?

 

You are stating clearly that you are going to continue for the full amount and only accept this as part settlement and reminding them what is being claimed.

 

That if they do not accept that you are going for the full amount and in any way see their deposit to your account as an end to the claim - you are authorising them to withdraw the amount paid in within 10 days.

 

The schedule of charges you have sent - with your first letter? If so, no need to send again unless YOU choose to. This is not a requirement.

 

CJ

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  • 2 weeks later...

Thanks for your advice.

 

Well I gave them ten days and have had no reply.

Looks like it is MCOL time. At least i get to claim interest now!!

OK then from reading the MCOL advice I need Cap 1s legal depts address - any ideas??

 

Also any up to date advice regarding MCOL to make sure I really nail it?? - I assume things are still going to plan with this?- getting nervous!

 

Thanks for your replies

 

Tel

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Hi Tel

 

Try and not be nervous. Capital One have'nt gone to court yet. You file with the court online or via the N1 route. They then normally Acknowledge, file a defence then pay up. The address you need is here:

 

Capital One Services Inc

Trent House

Station Street

Nottingham

NG2 3HX

 

Uk

Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

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

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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  • 4 weeks later...
got it full settlement just got back off hols and there was a letter saying they were going to send a chq for the full amount took their time though

 

Congratulations. The waiting game is really something! Well chuffed for you!icon14.gificon10.gif

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Yes it is .. you will get your money very soon. It's been like this nearly a year now . .

 

Uk

Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

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

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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They offered me a part payment. 3 times and said it was their final offer, then paid my account off in full and sent me a cheque for what was outstanding £1070 in total.

 

They went upto the defense stage, then sent me the cheque whilst I was in the USA spending the cash I got from Alliance & Leciester :D

 

So hang in there

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  • 2 weeks later...

Well I recieved a letter from cap one today saying that they have refunded my claim in full to my card. They also owe me a further £100 which they say is being sent in the post by cheque!

I have checked my card and it has a 0 balance now!!! Get in!!!!!!!!!!!

They are telling me to contact MCOL now. What do i do?!!

 

Thanks for all your support.

 

Tel.!

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Hi Tel

 

Try and not be nervous. Capital One have'nt gone to court yet. You file with the court online or via the N1 route. They then normally Acknowledge, file a defence then pay up. The address you need is here:

 

Capital One Services Inc

Trent House

Station Street

Nottingham

NG2 3HX

 

Uk

HI! UK, I,ve just had the letter from court saying that they will defend the whole ammount ( balance ).after paying a part payment.Why do they say that and then usually pay up? Is this normal?

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Yes this is normal . . . it's been like this a year now.. crazy way to carry on..They should pay your whole amount shortly. Wait until the cheque or refund appears before cancelling the court action.

 

Uk

Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

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

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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Thanks!!! So how do i cancel it?!!!!!!

 

Halifax ......your next! (hope they dont take as long!)

 

:shock: Sorry to say this but THEY DO!... at least in my case. Stated them a couple of days pre Cap one and Cap Ones gone through. Hbos' only acknowledgement of my existence has been the looonggg wait for my statements. Statements req 30.3.07 - (fought for statements) 1st letter sent off finally 21.5.07 All my letters ignored. I filed my N1 on 8.6.2007 they were deemed served 17.6.07 Hbos acknowleded claim on 4.7.07. Patience is a well worn carpet.:-|

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Thanks!!! So how do i cancel it?!!!!!!

 

Halifax ......your next! (hope they dont take as long!)

 

Hi Tel

 

Just write a letter to the court with your claim number, name address etc to cancel the action. Make sure you have thye cheque cleared or account adjusted first..

 

Uk

Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

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

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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