Drew v Capital

[beetlejuice]

Did I miss something I thought the OFT case did not apply to CC's

 

Anyone?

 

BJ

 

[andyford2000]

I have already issued a LBA sent to them on the 3/9/07

 

will send the above rejection letter out tomorrow without the 8% option.

 

many thanks, question is will this now go to court

[ukaviator]

It should do, this should'nt affect Credit Cards.

[electric lemon]

Im as confused as the rest of you?????

 

And this was in front of 3 judges: Tromans, Moon & Walker at the courts who decided upon this route.

 

You'd think that maybe one might get it wrong...possibly, but all 3 of them???

 

Somethin' aint quite right is it?

[andyford2000]

bugger me, whats going on here then

[electric lemon]

I dont know Andy, but I can tell you Im Reeeeeeeeeeeeeeeeally Pis*ed off with them.

 

I thought I was virtually home & dry, & this claim has been a real blood, sweat & tears effort let me tell you!!!

 

Painty has just PM'd me with a letter that I can send to the court so I shall go off and have a good read & I will let you guys know.

[elizabeth1]

Bad news down here in the South West today.

 

My N1 went in last week & I got a letter back today & the courts have decided to apply a Stay until the outcome of the OFT test case!!!

 

I cant believe it & am outraged.

 

This is the first Ive heard of Cap 1 having a stay, what about you?

 

 

There is a letter to ask for the stay to be removed on here - the credit cards should go ahead as the OFT case is about bank OD charges etc..

You can ask the claim goes ahead - it's worth a try anyway?

[andyford2000]

I am just about to file a N1 against capital and was wondering, am I allowed to change my charges claimed form to include futher charges incurred and also work the complete interest out up until the date I put the claim in.

[elizabeth1]

I am just about to file a N1 against capital and was wondering, am I allowed to change my charges claimed form to include futher charges incurred and also work the complete interest out up until the date I put the claim in.

 

 

Yes you can change the list of charges right up till when you register your N1 to include the more recent charges.

 

Did you manage to get a copy of the CCA to establish whether the CCA was enforceable or not? Reason I am asking is if you have asked for a copy of the CCA and they haven't complied or they have given you a copy of the application form etc.. you can include a request for the CCA within your N1 POC's and ask Judge to order CAP1 to comply etc.. as part of your claim.

[andyford2000]

right,

 

sorry not been here for a while, whats the next stage to proceed against these buggers to get my money back.

 

hope do i go about filling in my n1, any help would be good ta

[Alphageek]

Here is the POC for Cap One claims

[andyford2000]

once i have filled in my POC is there anyone who will check it over for me please and whats the next stage...

[andyford2000]

am i right in thinking that i need to fill in my N1 form, attach POC and spreadsheet and take to local court

[ukaviator]

Yes Andy. Update your schedule of charges, which will adjust the interest your claiming. Also fill in the N1, pay the fee, then the wait.

[andyford2000]

i am thinking of send cap1 a prelimanry approach letter again for all charges and ppi payments too, is there a template letter to cover both in one letter

 

many thanks in advance

[elizabeth1]

i am thinking of send cap1 a prelimanry approach letter again for all charges and ppi payments too, is there a template letter to cover both in one letter

 

many thanks in advance

 

Have you done the N1 already?

 

If you haven't it is fine to just enclose a separate schedule sheet for the charges alongside your other charges - and write them into your POC's on the N1 form. This way your claim will be for both the reclaim of charges and the PPI together.

 

Otherwise you could just amend your claim and add these PPI charges to your original claim.

 

If you are just sending a letter asking for PPI also you can adapt the other letter to do this.

[andyford2000]

please can someone tell me what the best interest is to ask for either the 8% or 22.13, which is what i think i was being charged.

[andyford2000]

this is what i am proposing sending as a final LBA incorporating both PPI and Bank Charges

 

your thoughts welcomed

 

Legal Compliance Specialist

Capital One Bank (Europe) plc

Trent House

Station street

Nottingham

NG2 3HX

 

13th March 2008

 

 

 

LETTER BEFORE ACTION

 

 

Dear Sir/Madam,

 

CARD/ACCOUNT NUMBER: xxxxxxxxxxxxxxxxxxxxxxxxxx

 

I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £1036.00 plus £1011.92p which you have charged me in interest for the sums which you have taken. Total £2047.92p

 

Furthermore;

I once again stress that, I have no knowledge of signing any document regarding payment protection. If this was the case and I had requested payment protection, then why did you cease taking payments in February of this year (2007).

 

I am therefore once again requesting ANY documented information regarding this agreement that I presume you will say I had agreed to pay, in the form of paperwork, filed claim form, or verbatim transcript or recording of any conversation regarding this application in line with the data protection act.

 

I have no recollection what so ever of applying for payment protection therefore if you cannot provide any proof then, I request my money back - £273.39p, I also wish to claim interest of £304.55p making a total of £577.94p.This being the amount I require as a full refund if proof that I consented to these charges being taken, cannot be found. I request that you reply to me with either the proof or a cheque within 14 days otherwise I will have no alternative but to pursue this matter through County Court.

 

Further more, I feel that I have no alternative but to also report this matter to the Financial Services Authority and also the Office of Fair Trading with regards your conduct in this matter as you have already been fined by the FSA in January 2007.

 

I require repayment in full of this money. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

 

 

 

Finally;

I also want to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account.

 

I note from your latest correspondence that you have issued me with a Default Notice on this account - I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

 

If you do not stop this default action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

 

Yours faithfully,

 

 

 

 

 

 

 

Andrew Ford

[andyford2000]

bump, really need peoples advice on the letter above, need to post it tomorrow

[andyford2000]

oh well, no feedback

 

so posted it today, just hope its ok

[ukaviator]

Sorry Andrew, i have missed your post. The letter looks ok, just the wait now to see what the reply will be.

[andyford2000]

Update;;;;

 

whilst i was waiting for a reply to my letter above i thought I had better route out the documentation they have already sent in reply to my CCA request;

 

these are scans of the documents concerned;

 

first of all is this really a valid agreement;

 

http://i33.photobucket.com/albums/d70/andyford/17thAugust20071.jpg

 

http://i33.photobucket.com/albums/d70/andyford/17thAugust20072.jpg

 

http://i33.photobucket.com/albums/d70/andyford/17thAugust20073.jpg

 

http://i33.photobucket.com/albums/d70/andyford/17thAugust20074.jpg

 

http://i33.photobucket.com/albums/d70/andyford/17thAugust20075.jpg

 

then i got the following, which just has my signature on it, the terms and conditions i cannot remember ever seeing and it aint attached to the signed part.

 

http://i33.photobucket.com/albums/d70/andyford/7thSeptember20071.jpg

 

http://i33.photobucket.com/albums/d70/andyford/7thSeptember20073.jpg

 

http://i33.photobucket.com/albums/d70/andyford/7thSeptember20072.jpg

 

I sent them the letter in the above posting and got this reply today;

 

http://i33.photobucket.com/albums/d70/andyford/27thMarch20081.jpg

 

no mention at all with regards the PPI aspect of the letter;

 

also from debitas this morning i received the following 2 letters

 

http://i33.photobucket.com/albums/d70/andyford/Debitas27thMarch20081.jpg

 

http://i33.photobucket.com/albums/d70/andyford/Debitas27thMarch20082.jpg

 

i had sent the following letter to debitas on the 14th March

 

 

Dear Sir/Madam,

 

Capital One Bank - Account Number: 1234567890

 

 

Thank you for your template threatening letter dated 3rd March 2008, proposing your intentions regarding this alleged debt. May I suggest that there is urgent liaison between yourselves and Capital One Bank regarding this matter. This account is in clear legal dispute. Any verbal or written contact from your company to myself, I will retain for my files and will take the appropriate legal action for unlawful harassment.

 

Please take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and inform the OFT of your actions.

 

I look forward to your reply.

 

Yours faithfully,

 

 

 

 

Andrew Ford

 

 

 

your urgent thoughts would be most appreciated now, should i just through the towel in and pay them what i owe, because it seems to me they have me by the short and curlies on this one

 

 

please tell me otherwise

[andyford2000]

bump please

[elizabeth1]

Update;;;;

 

your urgent thoughts would be most appreciated now, should i just through the towel in and pay them what i owe, because it seems to me they have me by the short and curlies on this one

 

 

please tell me otherwise

 

 

No don't do that - I just PM'd you.

 

Andrew I haven't read the whole of your thread. COUPLE OF QUESTIONS

 

Have you already done a court N1 form - if so where are you at with it.

[andyford2000]

sorry not done N1 yet, thought i would try once more to get both charges and PPI back and ask for default to be removed. now had letters from Debitas threatning alsorts and asking me to call them urgently regarding my letter.