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    • Firstly, I would like to thank everyone for their help in this matter. Since my last post I have received a reply from Plymouth Council Insurance Team concerning my wife’s accident (please see enclosed letter and photo of the offending Badminton post) which they deny any responsibility for the said accident. I feel that the Council is in breach of their statutory duties under the following acts: The Leisure Centre was negligent in its duty of care and therefore, in breach of the statutory duty owed under section 2 of the Occupiers’ Liability Act 1957. Health and Safety at Work Act 1974 (the Act) to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees, and others who might be affected by its undertaking, e.g. members of the public visiting the Leisure Centre to use the facilities. The Management of Health and Safety at Work Regulations 1999 that requires employers to assess risks (including slip and trip risks) and, where necessary, take action to address them. The Provision and Use of Work Equipment Regulations (PUWER) require the risk to people’s health and safety from equipment that is used at a Leisure Centre be prevented or controlled. I would like some advice to see if my assumptions are correct and my approach to obtaining satisfactory outcome to this matter are accurate. Many thanks   PLM23000150 - Copy Correspondence.pdf post docx.docx
    • Talking to them does not reset the time limit, although they will probably tell you it does, they'd be lying. Dumbdales are the in-house sols for Lowlife, just the next desk along. If Lowlifes were corresponding with you at your current address then Dumbdales know your address. However, knowing that they are lower than a snake's belly, you would be well advised to send them a letter, informing them of your current address and nothing else. Get 'proof of posting' which is free from the PO counter, don't sign it, simply type your name. That way then they have absolutely no excuse for attempting a back door CCJ.   P.S. Best course of action, IGNORE them, until or unless you get a claim form......you won't.
    • A 'signed for' Letter of Claim has been sent today so they have 14 days from tomorrow... Lets wait and see what happens but i suspect judging by their attitude they wont reply 
    • I am extremely apprehensive about burning our files.... I do not know why, so it is becoming an endless feedback loop. Scared to pull the trigger to speak in the desire not to mess up my file. 
    • Hi All, So brief outline. I have Natwest CC debt £8k last payment i made was 7th November 2018 Not a penny since. So coming up to the 6 year mark. Can't remember when i took out the  credit card would be a few years before everythign hit the fan. Moved house 2020 - updated NatWest as I still have a current account with them. Then Lowells took over from Moorcroft and were writing to me at my current address. I did get a family member to speak to them 3 years ago regarding the debt explained although it may be in my name I didn't rack it up then went contact again. 29th may received an email from overdales saying they were now managing the debt. I have not had any letter yet which i thought is odd?  Couple of questions 1. Does my family member speaking to lowell restart statute barred clock? 2. Do you think overdales aren't writing to me because they will back door CCJ to old address even though Lowells have contacted me at current address never at previous? ( have no proof though stupidly binned all letters  ) Should I write to them and confirm my address just incase? Does this restart statute barred clock? 3. what do you think best course of action is?   Any help/advice is appreciated I am aware they may ramp up the process now due to 7th December being the 6 year mark.   Many Thanks in advance! The threads on here have been super helpful to read.  
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Capital one & buchanan clark & wells


mrsc
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Hi not sure if this is in the right place the story so far is

8thJuly 2005 received letter from BCW regarding Capital one balance due £360.00 our client is prepared to assist you in claering this debt by offering favourable terms 12 payments of £30 which was paid as requested by standing order (this bit I feel really stupid I forgot to cancel Standing order and paid a further 7 months @ £30.00 £210 over the agreed balance)

I have written to them regarding this asking for the overpayment back 2 letters and one e-mail have had to responce to either

Have since sent SAR to capital one 12th July 2007 received list of transactions and charges also records of manual intervention (this just confuses me don't understand it at all)to cut a long long story short

used the card spent £187.23 credit limit £200

then they added

Card Protect £29.00

Payment protection Insurance £2.34

Annual Fee £29.00

over limit charge £18.00

then it spirelled out of control from there one year later I am owe them £782.49

No mention of the money paid to BCW should I now send a SAR to BCW

i have paid £632.00 in total for this debt.

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It seems you have 2 seperate issues going on here - one is claiming back the charges from Capital one - which you need to total up and claim as normal.

The other is the overpayment you made to to BCW - who did you ask for this money back from?

Consumer Health Forums - where you can discuss any health or relationship matters.

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Hi I wrote to BCW they haven't even acknowleged my letters I also sent an email on their website have had no reply to that either first letter

dated 28th Feb 2007

Second 21st March 2007

Email 6th June 2007

Not sure what to do now with regards to the overpayment made to BCW.

 

I will claim the charges etc from Cap one still have to figure out how to do spreadsheets complete novice at this.

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Mrsc - send the SAR to BCW with the £10 fee - they should send you all of the data they hold about you etc.. (They should have all the CAP1 statements amongst it)

 

It's also worthwhile £1 for a CCA request to CAP1 - asking for a copy of your agreement and see what they actually send to you - many people are just getting copies of "copy & pasted" application forms back off them

 

If this is the case you can go after the Interest charged on this account too (cause there wasn't an agreement in place - account is uneforceable they shouldn't profit from your account due to this) - were you being charges PPI insurance on this account? - if it was mis sold there is room to ask for that back too. Also you should be able to chase back the over payment too.

 

Once you get your info back you can then plan which way to go with it etc.. - you could report BCW to the FOS for the overpayment and they may help you get it back if you didn't want to issue court claim against them.

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  • 2 weeks later...

Okay received a reply regarding my CCA request sent 31st July,they can't act on the request as I now live at a different address (however they did send all my data to my new address) in order for them to proceed they will need to see my signature along with a utility bill dated within the last 3 months.

Bit confused they sent all my data to this address dated 19th July,just a bit worried about the signature bit any advice? Should I just reply that they have already sent all my data to this address and send the utility bill.

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Okay I have posted my last phone bill (Maybe they will pay it for me haha) and I have signed as suggested:wink: see what they come back with after that will keep updated (wow I managed to spell that right this time)

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  • 4 weeks later...

Just a quick update

Sent CCA to Cap one 31st July sent proof address 13th aug still not received anything.

 

sent BCW SAR 31st July nothing back from them either

 

Just starting to get a bit fed up now,I want back what I overpaid them I will just have to be patient I will get there eventually.

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That's it done.

Had a small problem with computer this afternoon the graphics card went and died on me but me being me had an old one from another computer so back on again.

Thanks Elizabeth1 for the advice much appreciated.

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  • 3 weeks later...

Still having problems with computer.

 

Got a reply from Cap one

 

Credit agreement: copy of current terms and conditions no name address or signature on this and the charges are different to what I have on my statements.

 

Default notice : copy of a default notice no name address etc

 

Statement of Default : copy of a statment of default as above with no personel details on this either.

 

Question one should I of received a copy of the terms and conditions re my account at that time 2001-2002.

 

They have stated in the letter they are not required to provide a copy of default and statement of default, but that they can confirm that the default notice was issued 8th july 2002 and statement of default was issed on 29th July 2002.

They have sent templates of the notices I would have received.

 

Not sure what to do now:confused:

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Still having problems with computer.

 

Got a reply from Cap one

 

Credit agreement: copy of current terms and conditions no name address or signature on this and the charges are different to what I have on my statements.

 

Default notice : copy of a default notice no name address etc

 

Statement of Default : copy of a statment of default as above with no personel details on this either.

 

Question one should I of received a copy of the terms and conditions re my account at that time 2001-2002.

 

They have stated in the letter they are not required to provide a copy of default and statement of default, but that they can confirm that the default notice was issued 8th july 2002 and statement of default was issed on 29th July 2002.

They have sent templates of the notices I would have received.

 

Not sure what to do now:confused:

Default notices should be relevant to YOU & YOUR ACCOUNT = otherwise could be to anyone over anything?

 

Terms and Conditions rec'd ought to be as they were at issue date of card - later ones aren't applicable at all - (how could you in 2002 agree to be bound to the T&C's in 2007 ?? Cap1 are trying it on!!! )

 

Templates are not appropriate at all - you should also ask them for proof of postage.

 

I will PM you shortly

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  • 2 weeks later...

can anybody help me please getting really confused by all thisSo far all they have sent is templates of default notice and a credit agreement (copy) no names or signatures etc. and print outs of screen images.Credit agreement no relevnt to me as ther charges are different.Now when I sent my SAR and got copy statements the last one is dated 28/06/2002 and the total on it is £782.49 now looking at the screen printouts there is one for charge off 27/07/2002 total £818.49Statement of default 29/07/2002 letter generated.Not sure what all this means.Do I ask for all charges plus interest.All PPI charges as ther is no signed CCA.Sorry if I am asking dumb questions just can't get my head round this at all

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still struggling but thought I would fill out spreadsheet with contractual inerest first of all complete novice when it comes to speadsheets now the first problem was that I couldn't get the date in the first column. the second being the rate of interest I put 23.2 % as per the crdit agreement that they sent me which I think is a recent one my account started in 2001 but not sure of the interest rate then.:confused:

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can anybody help me please getting really confused by all thisSo far all they have sent is templates of default notice and a credit agreement (copy) no names or signatures etc. and print outs of screen images.Credit agreement no relevnt to me as ther charges are different.Now when I sent my S.A.R - (Subject Access Request) and got copy statements the last one is dated 28/06/2002 and the total on it is £782.49 now looking at the screen printouts there is one for charge off 27/07/2002 total £818.49Statement of default 29/07/2002 letter generated.Not sure what all this means.Do I ask for all charges plus interest.All PPI charges as ther is no signed CCA.Sorry if I am asking dumb questions just can't get my head round this at all

 

 

Can you scan and post on here a copy of the CCA - cover your personal info etc.. this way we can see what you mean. It can't be YOUR CCA if it hasn't your name and isn't relevant to you / your account.

 

The charges in your statements will reconcile with your screen printouts - if there are descrepancies - you could write and ask why this is so - don't expect an answer though Cap1 are experts at messing about. But it really should be standard that each charge is represented in the printouts with no descrepancies.

 

Contractual interest I don't have a clue about to be honest - I did the 8% to lessen their argument with me.

 

Have a look on the statements as there ought to be a percentage rate being charged to you written into statements each month cause they ought to be telling you what they were charging you and showing the rate.

 

If the CCA isn't enforceable etc.. you do have room to reclaim the interest they charged you too. There is a link in my signature - click into it and read it - it may help you - it shows where I am arguiing the CCA related stuff etc.. with Cabots / CAP1 too. (if my signature doesn't show in my post - click my name on the left side of this post and you'll be able to see my signature contents)

 

Hopefully someone else with more experience may come along and help you.

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It's a bit untidy, and 2 of the links go to the main page Mrsc. . You can make out the small print when you zoom in, but we need the other page to look at, to see if anything is missing from the paperwork ..

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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Sorry Uk

 

What other page ? it is on 1 page back and front,it is actually too large for the scanner so has been folded.

 

Please bear with me this is the first time I have used photobucket any hints would be appreciated.

 

ps I am quite slow at all this:confused:

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That's ok, take your time. You should have a page with all of the figures and signatures on. .

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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