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    • Good Evening, I've got a fairly simple question but I'll provide some context incase needed. I've pursued a company that has operations in england despite them having no official office anywhere. I've managed to find a site they operate from and the papers there have been defended so I know they operate there. They've filed a defence which is honestly the worst defence ever, and despite being required to provide their witness evidence, they have not and have completely ignored the courts and my request for copies of it. I'm therefore considering applying to strike out their defence on the grounds the defence was rubbish and that they haven't provided any evidence for the trial. However, it has a trial date set for end of june, and a civil application wouldn't get heard until a week before then, so hardly worth it. However, my local court is very good at dealing with paper applications (i.e ones that don't need hearings, and frankly I think they are literally like 1-2 days from when you submit it to when a Judge sees it. I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.   Thanks
    • I have just opened another bank acc with lloyds (i have a few already) After doing some research they may have some relation to tsb or be apart of the same group will this cause me issue if my salary is paid into my lloyds account? Also, if the debts do go into default and nothing is paid then after 6 years it all goes away? As the DCAs cannot do anything? I do want to start paying in like 3/4 months or do you advise I leave it if it goes into default? again sorry for all the questions, i am just processing everything
    • one reply only  follow post 2 of letter of claim <<clickme link. dx
    • Sorry, I got confused  Yes, it states all three   Thanks, 
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      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.
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Drew c Captial One PPI


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Drew

 

I am in the process of claiming back my ppi from cap 1. I have all my statements and CCA with my signature but nothing with PPI check box.

 

Is there a spreadsheet for calculating this PPI? If so, can anyone please point me to a spreadsheet for PPI similar to the bank charges one.

 

How did you calculate yours?

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Hello Bahoney

 

This is the one most of us use at the moment :

 

http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

 

Just change the interest rate to your APR.

 

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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well it appears capital one have no intention of giving me my PPI payments back, I have sent a LBA for this and they have rejected it, what would the next course of action be for this

 

Hello Andy,

 

If the card was opened before 2004, the FOS may not investigate your claim, but you can always ring them for advice.

 

Your other option is to issue a N1 at your local county court.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Mine was opened in september 2004 will that come under the jurisdiction of the FOS

 

Hello Carl,

 

Possibly yes, but as I do not know the actual date, April springs to mind, but not 100% sure of this, I would ring them and get it straight from the horse's mouth. When you know will you post up a new thread to let others know please.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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  • 1 month later...
  • 2 weeks later...
  • 1 month later...

capital one have now defaulted my account and passed it to debitas

 

i have had a number of calls from them regarding this and have told them a number of times its been in dispute since september. Cap one never supplied me with a CCA as requested, now they have defaulted my account. are they allowed to do this

 

urgent advice please

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capital one have now defaulted my account and passed it to debitas

 

i have had a number of calls from them regarding this and have told them a number of times its been in dispute since september. Cap one never supplied me with a CCA as requested, now they have defaulted my account. are they allowed to do this

 

urgent advice please

 

 

Hello Andy,

 

Oh they are very very naugthy, but their behaviour is not surprising and they think they can do what they want:rolleyes:

 

Write to the dca telling them that the account is in legal dispute and suggest that they discuss the matter with capone. Tell them you will only communicate by letter and that any telephone calls from them will be logged for a case of unlawful harassment for pursueing an alleged debt. Always refer to the alleged debt, they need to provide a true copy of your ca to prove that you owe money.

 

Do not speak to them on the phone:grin:

 

As for the default, send cap one a letter informing them that they have breached the office of fair trading guidelines in defaulting the account whilst it is in legal dispute. IE no bleeding ca provided.:grin: Report them to the OFT and trading standards:grin:

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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sorry to be a pain, but is there some kind of letter template somewhere for this, if so could someone please point me in the right direction

 

Hello andy,

 

I do not think there is a template letter, maybe sent them something along these lines, it is one I sent to a dca and I must admit they did retreat:grin:

 

Your call

 

Dear Sir/Madam,

Your ref: xxxxxxx

Thank you for your template threatening letter proposing your intentions regarding this alleged debt. May I suggest that there is urgent liaison between yourselves andxxxxxxx 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,

 

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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  • 1 month later...
  • 2 weeks later...

Hello andy,

 

have you seen this

The FSA investigation centred on the sale of 335,000 PPI policies relating to credit card debt.

 

Capital One has been fined £175,000 by the Financial Services Authority (FSA) over payment protection insurance (PPI) sales failings.

  • Capital One failed to send a policy document to more than 50,000 PPI customers between January 2005 and April 2006
  • Sales scripts did not ensure adequate disclosure of policy features and exclusions to customers
  • Capital One's monitoring of sales calls was not sufficiently effective.

from this...

BBC NEWS | Business | Capital One fined over PPI sales

 

They have been fined I am not sure about your circumstances as I have not read all of your thread posts. But if it is useful to you well and good

 

regards

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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