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    • Hi all, I hope someone can offer me advice regarding how my Landlord and the local council housing officer dealt with new tenancy agreement.   By chance on the 9th September while checking an email account I don't use much, I noticed a message from the council housing officer who deals with the tenancy agreement between myself and private Landlord, chasing up a new agreement from my LL Much to my shock and horror, the Landlord had first relayed the new tenancy agreement to her back in early February along with a section 13 notice of a rent increase of £159 per month from 1/3/2021.  She sent this to my email address on 4/2/21, again I did not see this and it then got lost among the hundreds of junk emails I get every day. I received no other forms of correspondence, no letters to my home address, not texts and no phone calls. She chased this up on 29/5/21 again by the same email address and nothing else, again this was missed by me. Finally on the 9/9/21 she chased it up again, asking if I wanted to sign the new agreement. I only noticed this by chance as I had been flagged to a school email so was checking my inbox. I was in total shock that for over 7 months this had been sitting there outstanding and never once, other than the times I've mentioned, did either the LL or housing officer bother to try and contact me by other means and that I was now in a very difficult situation indeed. I have lived in my home for 10 years 6 months and have often gone for long periods of time between the end of one tenancy agreement (assured shorthold) to the signing of another and what with all the carrying on with covid this year, I hadn't really given it a second thought that I'd not heard from the LL Sorry this is dragging on, please bare with me.....🙏 I receive LHA which has been paid at the three bedroom entitlement, which covered my rent. I have three kids 12 (girl) 15&17 both boys, so now entitled to the 4 bed rates, so the increase isn't a problem for it being paid - BUT as this has been left so long, I'm now according to the LL 7 months in arrears for the increased amount and owe them £1113!!! If they'd made me aware back in February I would have applied for the increase straightaway as it makes no difference to me  I've informed them that I will sign a new contract starting from the 16th of September as that is when the LHA has been increased from, but they are ignoring me.   Surely the poor means of correspondence and lack of communication by them isn't my fault so I shouldn't be held accountable for any arrears? As far as I'm concerned I've still been on a rolling contract all this time at the original rent, which has been paid on time every month?   Well done if you got this far and thanks for any advice 😊 Lisa  
    • Hi Its been over  2 months  since my last post  here and over 4 months since I bought car   and I dont know whats to do regarding   Car Dealer. BankFodder promised me help in writting letter of claim before taking court action but I havent heard from him since end of August.  I did everything BankFodder asked me for  ( paid 90 £ to  find out cause of car  wibration , preapared emails and text messages in pdf format , registered on MCOL , etc) . I value and appreciate advice from Bank Fodder.   I know I have chance in court and I want to take that risk .  Even If I loose at least I tried.   I would like to ask  you for help and  advice .  And sorry for my wording english is not my first language.
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    • the motor is less than 6mts in your possession, you should not be paying a penny under Consumer rights act!!   dx
    • Bought the car for my partner in April 2021. Driving home i heard a tappet like sound and i assumed it was just that , tappets , so nothing to worry about. after 3 months my parthner tells me the noise got worse, as i do not use the car due to having a van, i agree it has got worse and something must be wrong. i visit a few garages and just ask them to listen. and they advise needs furthur inspection and not to drive it.   Called car dealer and returned with car as he wanted to inspect it at there garage. There mechanic said something about oil and to do a complete fluch of system and change oil and filder and add addidtive . i did all this and then noise persists. Dealer says it would be cheaper to get a new engine. but he will deal with it to get it done cheapo as possible. left the car for 2 weeks and nothing had been done, he struggling to find an engine under 2k.   Basically in the end he has asked me to sort the issue out my self and refunded me £850 towards it.  Now an engine fitted i have sourced.   because of all the mssing about i agreed to fixing it myself but is it fair that i pay most of the money to get it fixed ?   Engine £1720 Fitting £600 Total £2320
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Deekayenwhy Vs Capital One **won**


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Hi,

 

23/04/07 Sent the Data Protection Act letter

14/05/07 Got a reply with all the statements

worked it out £325 worth charges for a credit card which only has a limit of £200.....disgraceful

21/05/007 Premilary letter sent requesting for charges to be refunded, but not sure as i sent the template from the templates it had the spreadsheet with the 8% worked out so that is what i sent with the interest at 8% is that correct? As reading further now was i suppose to send that after the 1st letter? Please let me know.

31/05/07 I have received a reply back from capital one, stating as gesture of goodwill they are refunding me the difference from £20 to £12 as thats the OFT standard or something like that. They said they have already refunded my card, my charges totalled to £325 excluding any interest.

They have offered me £120, i am sending a offer refusal letter stating i require the full amount or else taking them to court.

Can any1 clarify do i put the 8% interest into this figure or do i wait to add that on if it goes to court?confused...........

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You only add the 8% at the court stage.

 

Uk

WARNING TO ALL

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Yes you have to claim CCI from the start. If you use 8% thgis is only added at the court stage.

 

Uk

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

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Received the following letter back from capital one 6/6/07

 

Thank you for writing back to me about my offer to refund £120 of the fees we added. I'm sorry to hear that you feel my offer is unacceptable.

 

As I've already explained, we're confident our fees are both fair and legal and I'm disappointed to hear you're considering court action. The OFT haven't told us that we're obliged to refund any fees, and we've offered refunds as a gesture of goodwill. I'm afraid i won't be refunding all of the fees as you've asked.

 

This offer is still open to you. I won't be increasing this, as it is my final offer. While you're disputing thses fees, it is important that you maintain payments as your account balance consists of transactions that you have made. Failure to do this may result in negative information being recorded on your credit file, which may affect your ability to gain credit in the furture.

 

Financial regulations require me to advise you that this is my final response in relation to this matter. However, you now have the option to contact the Financial Ombudsman Service within six months from the date of this letter. Their contact details are in our comapliants leaflet, which i included with my last letter.

 

Yours sincerely

 

 

Ellie Renshaw

Executive Office Manager

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What do i do now? Do i put in a claim for the full amount or do i deduct that amount of the final figure which includes contactual interest at 8%? I am unsure how to go about this can any1 please advise me in how to go about this.

 

Did i stand a good chance in getting the full amount before court? plus how do you check if they have defaulted you? is the default missed or late fees only that you can ask for it tto me removed or how does it work i ma confused?

 

Where do i file the court case?

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I'm not clear whether Capital One are still applying the refund of £8 per charge to your account? I am assuming that they are?

 

If they are then issue a claim as follows: Do a schedule of ALL the charges levied to your account, work out the Statutory Interest on the WHOLE amount.

 

On your Particulars of Claim on the court form N1 state that you have requested a refund of the whole amount but have only received £8 per charge (ie. 20% of your total claim) so you are deducting that figure from your claim, along with 20% of the total Statutory Interest figure.

 

I hope this helps

 

Payitallback

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You can check if you have a default on your credit files by ordering them from Credit Reports: Get your Credit Report from Experian UK, Online Credit Reports and Credit Reporting from a Leading Credit Agency: Equifax and Credit report information for consumers - Callcredit. Make sure you don't buy one of their expensive subscription services, you should only be paying £2, for a paper copy of your credit file which they will post to you within a few days.

 

Capital One will offer to settle in full within about three weeks of you issuing the claim, it is extremely unlikely to go to court.

 

If you do have a default on your file you must make sure that you specify the need for it to be removed on your claim form, in which case Capital One will HAVE to remove it to avoid going to court.

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If you have filled in an N1, you need to take it to your local court. You could mail it recorded with the correct fee enclosed, but I think you're better off attending court. You know your claim is filed that way.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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  • 3 weeks later...

Hi

 

14/06/07 filed n1 claim form at court against capital one.

 

21/06/07 had a letter from the court stating capital one filed a acknowledgement on the 21/06/07 and have intention of defending the case. They have 28 days from the date of service of claim form with particulars of claim, or of the particulars of claim to file a defence.

 

What do i do now?

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Hi

 

Just the wait now..Check your account everyday from now on. They normally payout after the Defence part of the process.

 

Uk

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

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05/07/07 Received a letter from capital one:

 

Dear xxxx

 

I write in connection to the above court claim, which you have issued against Capital One Bank PLC. I have now the oppurtunity to investigate your claim of £279.40.

 

It is denied that these fees are unlawful as they are detailed in your terms and conditions and in our welcome pack. Our fees are based on the costs we incur when a customer breaks their contract by missing a payment, paying late or going over their credit limit. The fees are only levied when a customer breaches their contract in this way and can be avoided if payments are maintained and the balance kept within credit limit.

 

Capital One has acted in accordance with the terms and conditions of your credit agreement throughout this matter and it is clear you have no claim against Capital One. Whilst we do not accept liability for the claim, in an effort to resolve this matter without the need for a court hearing, I have refunded £279.40 to your account.

 

These refunds are amde purely as a goodwill gesture and we will now defend this claim on the basis that we have refunded the correct amount.

Once the claim is settlled, i must advise you that we may still add fees to your account if you do not keep up to date. We have nw reduced our fees to £12. We believe that these fees are fair and you will be automatically charged this for the following :

 

1) Missing a payment

2) Making a late payment

3) Allowing your balance to go over your credit limit

4) Your direct debit or cheque payment being returned unpaid.

 

This is accordance with the terms and conditions of your account which you agreed to abide by when you signed your credit agreement with us. If you no longer agree to adhere to thses terms, I would respectfully request you consider closing your account when you have paid your balance.

 

I hope I have explained things clearly for you and we can move on from here. I would finally request that you contact the court to confirm the settlement and discontinue your claim. This is very important as its your responsibility to inform the court that your claim is settled and avoid wasting any futher valuable court time. We have also written to the court to confirm that we have paid in full.

 

Your Sincerely

 

Graham Daley

Executive Officer

 

Thank you for all your help donation is on its way!!!!!!!!!

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Well done. . . congratulations . .

 

Uk

WARNING TO ALL

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