Lowell vs Tmum21

[Tmum21]

So this agreement they talked of, they were willing to make it 3000 rather than 4000 they were asking for. But the judge picked at the interest they were suggesting. So we left it on £40 per month for 3000 but I said I don’t want a judgement against my name. Judge was trying to push them for this stayer thing subject to me paying and then it’s back in court and overdales were wanting judgement.

in their statement they said they had no proof of the default for acct 1 cos the system’s had changed so that’s why the screen shot. So I don’t see how they can go back on that? What would they do just make a document up?

then the varied t&cs what do you think the chances are of them getting the actual ones?

[echat11]

So this agreement they talked of, they were willing to make it 3000 rather than 4000 they were asking for. But the judge picked at the interest they were suggesting. So we left it on £40 per month for 3000 but I said I don’t want a judgement against my name. Judge was trying to push them for this stayer thing subject to me paying and then it’s back in court and overdales were wanting judgement.

in their statement they said they had no proof of the default for acct 1 cos the system’s had changed so that’s why the screen shot. So I don’t see how they can go back on that? What would they do just make a document up?

then the varied t&cs what do you think the chances are of them getting the actual ones?

There try all sorts of things. The fact that they wanted a Judgement, makes me think they will 'struggle' to find the 'varied' T & C's.

What were the balances of each account at the time you lost your employment?

You can make 'Without Prejudice' offers to settle the matter, that will also tell you if they have the documents. Say start at £900. But I'd be looking at the balance at the time you lost your employment, minus charges / interest.

There are three accounts, so you send three letters. The letters need to be amended to suit your circumstances. Keep Proof of Postage.

https://nationaldebtline.org/sample-...tlement-offer/

Don't let this drift, keep on top of it.

Also well done on the 'hearing', wasn't that bad.

[Tmum21]

They were just going in like a bull, maximum charges on me, then they came down with the figure and the judge pulled her up and said that’s more than you were asking in in the first place and she was counting their ridiculous 8% interest. So she got told off for that too.

He just said if they did come up with the correct documents it would be difficult to defend and it would be unlikely they agree repayment terms over 6-7 years.

I’ve asked capital one via email for the SAR, so things hopefully shows my contact but will it also bring up the T&Cs? Does the change in T&Cs need to be addressed to me etc like before? I was never noticed about the very ones so I don’t see how they can get those.

I’ll have a look what the amounts were when I lost my job

[MIKE770]

the olicitors should be sanctioned by courts as They Do try the cost element in all cases I have come across, and they get slapped.? by DJs

[echat11]

They were just going in like a bull, maximum charges on me, then they came down with the figure and the judge pulled her up and said that’s more than you were asking in in the first place and she was counting their ridiculous 8% interest. So she got told off for that too.

He just said if they did come up with the correct documents it would be difficult to defend and it would be unlikely they agree repayment terms over 6-7 years.

I’ve asked capital one via email for the SAR, so things hopefully shows my contact but will it also bring up the T&Cs? Does the change in T&Cs need to be addressed to me etc like before? I was never noticed about the very ones so I don’t see how they can get those.

I’ll have a look what the amounts were when I lost my job

It should do, because they need to send you everything they have. It's good because you can see what they have and if they make some dodgy ones, you can tell that they have made them up. Make sure you get confirm that they have received the SAR.

Phone them up, request over phone, tell them you want a email straight away to confirm they have received the request.

https://www.capitalone.co.uk/support...ss-request.jsf

Send Very a SAR.

[Tmum21]

"The assignor was unable to provide a copy of the original default notice as this was issued by the assignors system and a copy was not retained. In the alternative the assignor has provided the cclaimant with a screenshot of its computerised system evidencing when default notice was sent to the defendant and a template of a D N which would have been sent in compliance with s.87...... "

This is what theyve put in their statement re acct 1 blank default notice

[echat11]

"The assignor was unable to provide a copy of the original default notice as this was issued by the assignors system and a copy was not retained. In the alternative the assignor has provided the cclaimant with a screenshot of its computerised system evidencing when default notice was sent to the defendant and a template of a D N which would have been sent in compliance with s.87...... "

This is what theyve put in their statement re acct 1 blank default notice

The Judge at the 'hearing' stated that some DJ's would accept the screenshot, but others wouldn't.
The SAR's might throw more light on this.

Read Post 170.

[Tmum21]

Sorry it took a while! Ive rang CAP1 and requested the SAR, he couldnt send me an email. None of them want to speak to me cos its closed but this guy took ages, he said hes put a note on. CAP1 also have a dedicated email address which I used yesterday too.

[echat11]

Sorry it took a while! Ive rang CAP1 and requested the SAR, he couldnt send me an email. None of them want to speak to me cos its closed but this guy took ages, he said hes put a note on. CAP1 also have a dedicated email address which I used yesterday too.

That's good.

I think you should in the next few days send off some 'Without Prejudice' low offers, what you can comfortably afford. Just to see what they say.

You could wait until, they send the SAR, but you might be in a stronger position at this moment, because the court rebuffed their request for Judgement, costs, interest 8% etc.

When you spoke to them to request the SAR, I hope you didn't tell them why you were requesting the SAR data.

[Tmum21]

No I didn’t give a reason I just said for capital one I was particularly interested in the contact through their messaging service.

I spoke to very and it took forever she was asking what k wanted it and went through a big tick list. And all The categories were strange. Apparently someone will call or email within 5 working days to discuss????

I just said correspondence and account history.

Thing is I don’t want them to find the documents that overdoses will need lol

[Tmum21]

No I didn’t give a reason I just said for capital one I was particularly interested in the contact through their messaging service.

I spoke to very and it took forever she was asking what k wanted it and went through a big tick list. And all The categories were strange. Apparently someone will call or email within 5 working days to discuss????

I just said correspondence and account history.

Thing is I don’t want them to find the documents that overdoses will need lol

oh and also I think very varied the t&c and what I can make if it they don’t notify you as suck I’m thinking they are just in the back of the statements etc so that will be like a needle in a haystack

[Tmum21]

I had an offer through the post. Basically the thing we said on the phone with no judgment. £3000 at £40 a month.

How low would you recommend, a few hundred as a lump sum?

I just don’t know with current increases I can keep up that amount.

sorry I haven’t been active. I’ve had an assignment to do and it’s really stressful alone and I couldn’t bear to even think about this

[echat11]

I had an offer through the post. Basically the thing we said on the phone with no judgment. £3000 at £40 a month.

How low would you recommend, a few hundred as a lump sum?

I just don’t know with current increases I can keep up that amount.

sorry I haven’t been active. I’ve had an assignment to do and it’s really stressful alone and I couldn’t bear to even think about this

Mark the offer 'Without Prejudice', start with what you feel comfortable with, see what they respond with. You lose nothing in making the offers.

[Tmum21]

Sorry I have been so busy, The Very SAR has arrived, there is no sign of any change to T&Cs!

I had a DHL parcel attempt last week, and when I have called about it, it said the sender requested it to be returned to them, it was from Capital one! So frustrating, why sent as a parcel?!

[echat11]

Sorry I have been so busy, The Very SAR has arrived, there is no sign of any change to T&Cs!

I had a DHL parcel attempt last week, and when I have called about it, it said the sender requested it to be returned to them, it was from Capital one! So frustrating, why sent as a parcel?!

Check the interest rate for the Very account.

Email Capital One, ask them to resend it, they should have left it with DHL so you could make arrangements.

Are making offers? or are you missing the opportunity?