Jump to content


  • Tweets

  • Posts

    • we certainly don't advise tipping them off providing anything that might 'play your cards' and elude to what your WS might contain at the defence stage.  
    • and as expected   UK rejects mobility agreement with Europe to help young people travel and live abroad WWW.INDEPENDENT.CO.UK Labour also rejected the possibility of an EU-wide scheme for young people a Government spokesperson said there was no interest from the UK side, adding that “free movement (for UK plebs) within the EU was ended”.
    • Yep, I agree with what you are saying, I only mentioned the governing body code of practice as a nod to the fact that I wasn't dismissing the BPA or whoever out of hand, thought that would go in my favour before a judge. I wrote a long post about the BPA CoP earlier but then deleted it because I realised I wasn't talking about points of law but a set of guidelines drawn up by one bunch of charlatans for another bunch of charlatans. It is ludicrous that the 5 minute consideration period doesn't apply if the motorist parks, such nonsense. As for legislation, I was referring to the government legislation (if it is legislation?) document which has been withdrawn. Does that stand until it has been reintroduced? In the explanatory document it is quite clear. Otherwise, how does one hold them to the consideration and grace periods? Or is that at the discretion of the judge?
    • Thank you all   JK, I agree; if they were to accept my full claim today, then the interest would be around 8-9 pounds. If I were them, I would have offered to pay the interest and said no to the 12 pounds for the letters. These have not been mentioned, which is my mistake.   As you pointed out, if the judge were to award at 4% and I did not get the letters, I would get less.   Bank, thank you. I do hear what you are saying. If I am to continue with this, then I will need to pay an additional trial fee of £59. If I win everything, then great, but if I win less the claim and court fee, then I lose out. I am not sure what the judge will think about the interest. I think we have to remember that I won the item and, therefore, did not pay a penny for it. Yes, I have had to purchase an additional one, but maybe the judge will hold this against me. I am content that this is a win. I have not signed any non-disclosure clauses, and they do not ask for this either in their offer. 
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 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
      • 161 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
        • Like

MKandy vs Capital One "WON"


mkandy
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5573 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I have tracked back through the threads, and so far the Application form nonsense goes back to at least 2000. You could have 2 options open if this is the case.

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

Link to post
Share on other sites

  • Replies 129
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

My plan is to be either bank on them:

  • Not replying within the 12 days
  • Not sending the correct form anyway

I'm just about ready to submit my claim (using the N1) at my local court. For me the Default Removal is more important than the money. Judging by previous threads, they don't like removing defaults for whatever reason, i think that them hitting either of the two points above will provide the leverage i need to say words to the effect of 'You did not comply with my CCA request, you have commited an offence, please remove this Default before i take further action'.

 

Assuming they do comply with my CCA in the allotted time, the default they placed on my account is of an amount less than the charges i'm claiming back.

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

Link to post
Share on other sites

This is the letter i sent for CCA:

 

Capital One Bank (Europe) PLC

350 Euston Road

London

NW13JJ

 

23rd October 2007

Consumer Credit Act 1974

Credit Agreement Request

Dear Sir/Madam

 

 

Re: Account Number **** **** **** ****

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of our credit agreement should be supplied within 12 working days.

 

I also understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully,

 

 

MKAndy

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

Link to post
Share on other sites

Hi Andy

 

I would have left out the last paragraph. Too late now as you have posted it. Let's see what happens. .

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

Link to post
Share on other sites

I wasn't entirely sure about it either...they probably wont reply anyway!

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

Link to post
Share on other sites

Going to file my N1, which is printed up and sat there begging to be handed in. Going to file at the end of the week just to give them a bit of time to provide me with the CCA.

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

Link to post
Share on other sites

Make sure you use the new POC found above your thread in the forum.

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

Link to post
Share on other sites

Yup that's the one i printed off. Cheers :)

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

Link to post
Share on other sites

N1 Filed today!

 

For some rubbish reason i was nervous about going to court to submit the claim, probably the stigma associated with the place. :oops:

 

Anyway, now the wait!

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

Link to post
Share on other sites

I know what you mean Andy. Well done, now the wait of a few weeks. .

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

Link to post
Share on other sites

First time near a court, so it's a different experience i guess. Kinda reminded me of a library for some reason, maybe all the paperwork behind the court manager!

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

Link to post
Share on other sites

Served!

 

Now the wait...till the 19th.

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

Link to post
Share on other sites

CCA Provision time expired! Someone's criminally in default now i believe :rolleyes:

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

Link to post
Share on other sites

Defendant has filed an Acknowledgement of Service....28 days from the 9th of November. Is it a good idea for me to compile a basic court bundle at this point?

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

Link to post
Share on other sites

Update!

 

I recieved a response to my CCA Request, the devious gits have supplied a covering letter, dated the 3rd of November (day 11 of the CCA request) however, the post date on the envelope says 9th of November. So they can try and make out they complied in time, when in actual fact they havent! :evil:

 

They have also supplied a copy of the original application, signed by myself and a Capital One representative, with a date, with a small bit of text above stating 'Credit Card Account Agreement'.

 

Is this enforceable?

 

 

P.s

 

This is a copy of what someone else recieved, mine is essentially exactly the same:

 

Cap1App.jpg

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

Link to post
Share on other sites

Coolio, is there one specific to Capital One.

 

Also, is there a letter someone has already used to reply back to the CCA from Capital One?

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

Link to post
Share on other sites

hello all hope you dont mind if i ask a question:o

I wrote asking about a ppi reclaim and I got that short application form back and a letter saying that as I signed it I was not entitled to a refund.

Do I need to write again asking for the actual CCA or is the application form enough to refuse my claim?

thanks a lot

Link to post
Share on other sites

It looks like that application form is the agreement, which is unenforcable debt. Can you start your own thread and post there? . .

 

Are you just going for PPI or charges as well?

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

Link to post
Share on other sites

It looks like that application form is the agreement, which is unenforcable debt. Can you start your own thread and post there? . .

 

Are you just going for PPI or charges as well?

 

Does this mean they have complied with my CCA request though, after looking through threads around the applicaion form vs Executed agreement requirements, i'm quite confused. While they have supplied me with the Application form, i'm not sure whether this actually complies with the CCA request.

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

Link to post
Share on other sites

I don't think it does. I will ask the lads. From the ones i have seen they are not enforcable.

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

Link to post
Share on other sites

It does have the small agreements towards the bottom of the form, i guess it's only unenforceable in court..

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

Link to post
Share on other sites

OFFER RECEIVED!

 

Well, Crap One have given me exactly what i've asked for in Monetary Terms, but have also told me the default is staying even though the amount of the claim is slightly more than that of the amount they defaulted me for. They haven't yet included the cheque, but regardless i'm not accepting this offer. If they are conceding to the fact that their charges are unlawful, then they will have to go all the way, and agree to remove the default as it's solely comprised of charges.

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

Link to post
Share on other sites

Worth a call or an email to tell them that the default is part of the settlement. You have to be firm with them on this.

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...