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    • Hi Lolerz Thanks for replying to me, yes I've been ignoring her & will continue to do so. All she keeps saying is they want to come up with an amicable settlement. Keeps saying this to our receptionist she shouldn't be saying this to a receptionist or even me in the first place as they have given no proof of anything no IP addresses noting just keeps saying about an amicable settlement.
    • If a DCA supplies a reconstituted copy of the CCA what would be the next step? It seems that a reconstituted copy must be a " true copy " of the executed agreement, it must contain the Prescribed Terms. But given that there is no copy of the applicants signature surely it could be an agreement form with the details filled in. How can it be assumed that this " copy " represents a true copy that the claimant has supposed to have signed. Cabot have demonstrated a bit of sabre rattling when they say "Until we're able to provide this information , your account is unenforceable. This means we're not permitted to obtain a County Court judgement against you . Whilst we cannot pursue legal action, your balance remains outstanding ". I looked up a case... Cabot UK Ltd  v  Bachellier (2010) which might help, but it's tough reading, I'd prefer to plough through War and Peace. This particular case with Cabot is not huge , approx' £140, but the only other worry that I have is also with Cabot...£2100. They may try to make a point with lesser case.
    • you'll never find a court open on a w/end MB. all courts are closed Good Friday and Bank Holiday Monday. However as Andy points out, that does NOT mean you get 2 extra days to file, you get one, same as xmas/new Year. UKPC have not filed their, so no rush on yours as dave says.  
    • Top US magazine slams Britain after 14 years of Tory ‘psychodrama’ The New Yorker’s excoriating report on the state of the UK lays bare how Britain’s withdrawal from the European Union (EU) “catalysed some of the worst tendencies in British politics”. “The only way to think about it is as a psychodrama enacted, for the most part, by a small group of middle-aged men who went to élite private schools, studied at the University of Oxford, and have been climbing and chucking one another off the ladder of British public life" Top US magazine slams Britain after 14 years of Tory ‘psychodrama’ WWW.INDEPENDENT.CO.UK The New Yorker’s excoriating report on the state of the UK lays bare how Britain’s withdrawal from the European Union (EU) “catalysed...  
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    • If you are buying a used car – you need to read this survival guide.
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      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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MadMaxCTR V Capital One **WON**


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Okay

 

I finally received my old statements and report of transactions from CapOne yesterday. Have a total of £340.00 of charges to claim back.

 

Preliminary request for payment sent off today.

 

I’ll keep you all posted.

 

MadMaxCTR :cool:

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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Need some help please?

I've seen about this contractual interest thing we can claim on these credit card claims but firstly how much is it for this card and has anyone got a linky to explain a bit more about it.

Finally anyone got a spreadsheet for doing this.

Ta

MadMaxCTR :cool:

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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Guest ian cognito

There are contractual interest templates in the template library, link below.

 

Should this not be in the Egg forum, rather than Capital One.

 

Contractual Interest is a very complex subject and you should have a good read around the FAQs and posts before you go for it.

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Cheers Ian,

 

I'll have a butchers in the template area.

 

Sorry got the names mixed up. Have claims against Lloyds, MBNA, CapOne and Egg, got the names the wrong way round.

 

EDITED......

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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  • 2 weeks later...

Got a low offer of £112 yesterday.

 

Thats the difference between the original £20 charge and the OFT's £12.

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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Share on other sites

Just noticed that CapOne have offered £112 (14 X £8) but on the acceptance sheet that they want me to sign it’s for £122, hehehe.

Anyway I’ve sent the CAG partial rejection letter and requested the payment on an INTERIM basis and signed the form after I crossed out the full and final settlement spiel.

Just curious. Does CapOne normally increase their offer after I threatening court action, or do you have to litigate to get full settlement?????

MadMaxCTR :cool:

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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Share on other sites

Impatient bump.

Do you think CrapOne will still send the interim or will they withdraw their offer??????

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

Link to post
Share on other sites

Hi Madmax

 

Stick to your guns with them. This is a standard tactic most of us have seen. It's been this way for a year now.

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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  • 2 weeks later...

Another letter from CrapOne saying that was their final offer.

 

Claim now referred to the FOS.

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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  • 2 months later...

Has anyone had a claim settled in full from CrapOne when they went through the FOS???????????

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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  • 1 month later...

Letter from the FOS,

 

CrapOne will settle in full and pay interest. :D

 

MODS - Can you update my title and move me. Ta.

 

MadMaxCTR :cool:

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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Share on other sites

That's great. Did you get the interest at 8% or Contractual, Purchase rate?

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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That's good news madmaxctr! Well done!

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Just the 8% guys. nice and easy.

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

Link to post
Share on other sites

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