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    • In August 2018, I took out a 2 year contract with Virgin-pay monthly with handset included and payment by DD.   Everything went fine until February 2020 when a new second DD appeared for £6 with a number that I did not recognize-as it was clearly a mistake, Virgin refunded the £6, I cancelled the DD.   In March 2020 the DD amount had been added onto my main account as a second line with handset. There were now also details of a loan in the amount of £204 for purchase of the handset. I asked for details of this handset-what type it was, where it had been sold, any evidence that I had purchased it, any documents with my signature on. Virgin's reply was that 'I had bought it at my local store'(they couldn't specify which one) and that the fact I had a handset(I have not received anything) was proof that I had signed to this.   In April I put in a SAR request for any documents showing that I was responsible for this. It took until June for a reply(I was generous with them because of the coronavirus) when files were sent, but there was no password included to actually access the files.  Repeated requests for it got nowhere and in August the contract terminated and I moved to 3. However, Virgin still had me registered as a customer on a second line and are attempting to take money out via DD which is now showing as a failed payment. They also have a default on my credit report for the £204.   I repeatedly requested the password but this was not supplied, Virgin stating that they had fulfilled the SAR by sending the files, whether or not they could actually be accessed.    Finally on 29/9 I was promised the password would be sent to me by text message within 3-5 working days. When that didn't arrive, I was told once again that they had fulfilled the SAR and that if I kept asking for the password, the SAR would be rejected as 'repetitive demands'. Then I was told they would supply the password, but it would take up to 30 days.    Today I have been told that my SAR has been rejected(no reason given) and that they only have to supply data from the last 3 months.    I am desperate to get this removed from my credit file, Virgin have provided no evidence, refusing SAR requests(sent by email and mail) and are now in breach of GDPR for failing to provide the data in a timely manner.   Any help on what my next step is to proceed will  be muchly appreciated!     
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    • Over 832k signatures on End child food poverty - no child should be going hungry Gov petition   https://petition.parliament.uk/petitions/554276
    • Send the SAR again registered post they have to reply. If they don't a Solicitor's letter will be the quickest way to remedy that. Glad you got the apology letter, keep safe with your Swift paperwork. A Solicitor will be able to point you in the right direction during this process of how best you can tackle Swift. Please come back to update.
    • hi.  i think they will be able to say manifest error that the markets stipulated some interest payment.  but the amount depends on central banks / libor rate ect and the amount of currency held and the length of time held. but they have deducted far too much so i am just wandering what sort of breaches i could write in the poc   thank you
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        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      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.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
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      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
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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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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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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.

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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  • 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

Link to post
Share on other sites

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

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.

Link to post
Share on other sites

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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