Grimbell v Cap 1

[grimbell]

Ok have previously claimed charges once but unfortunately it didn't clear the card and charges kept building up and the small payments i made didn't keep it under control.

CCA request sent 6/7/2007 signed for on 9/7/2007.

24/7/2007 the 12 days were up and no response.

27/7/2007 and recieved this

http://i185.photobucket.com/albums/x...p1cca_0001.jpg

Has all the new charges on it and as i took card out in 2005 no good

Sent a letter pointing out this not good enough.

11/8/2007 got letter saying
Letter from **** One today. Says that they have provided the current T&C's which is in compliance with section 78 of cca 1974.
They strongly dispute my claim that the agreement "was not properly executed" and is therefore unenforceable. It also states that if I wish to persue this claim I will need to provide specific details of the terms I believe are not included in the documentation already provided to me.
It then goes on to say I must make a payment by 22nd Aug.

12/8/2007 wrote back repeating myself again current T&C's not good enough but if you think so then please take me to court and enforce it!

29/8/2007 Well **** One have sent me a default notice today giving me 23 days to pay £215 (all charges) or recieve a default on my credit file. Barstewards!

13/9/2007 recieved a copy of my agreement!
http://i185.photobucket.com/albums/x...ge61/IMG-2.jpg

All prescibed terms etc

21/9/2007 letter saying account now terminated and passed to Debitas.

I have put in claim for £500 of charges and requested removal of default via the FOS.Debitas kept phoning so wrte and told them it with the FOS then went back to Cap1.

I then found PPI payments on statements from 2005-2006 and sent prelim for them £103,got refused said was sold correctly and docs sent out.
Wrote again saying no they were not and got reply
Letter from Miss Ellie again.They state that ppi was offered on the phone on 13/9/2005 when i actvated my card (did this by automated system I'm sure).

They can't give me a transcript because only a small percentage are recorded! They say that it was all done on my request and so tough luck your not getting it back.
I have not done anymore on this yet., but have just noticed as the box not ticked and signed on CCA that must be enough to get them!

5/1/2008 Had a letter from the FOS this morning.Capital One have offered £56 plus £77.44 interest. This is against a claim of £492.24.
Replied saying no.

Anyway to today I got letter from NCO demanding payment in full,to contact them and if i don't pay within 7 days I will get ccj etc etc.

Sorry for long post but can someone give me some pointers as to what to do now.

[Amethyst]

Re: Grimbell v Cap 1

First thing is the account is in dispute so they shouldnt have passed it to anyone....so write to NCO and Cap One, as you did with debitas, pointing this out. And it will go back to Cap one.

The PPI seems quite clear cut they have no proof you asked for it anywhere so should just be a matter of a couple more letters.


Can you post up the FOS letter ?

[grimbell]

Re: Grimbell v Cap 1

Thanks for quick reply.
Do you mean the letter with the offer in it?

[Amethyst]

Re: Grimbell v Cap 1

Yep the paltry offer one oh and your reply if poss. (sorry)

[grimbell]

Re: Grimbell v Cap 1

Here you go

http://i185.photobucket.com/albums/x...ge61/IMG-5.jpg

[thephoenix]

Re: Grimbell v Cap 1

I see the FOS make no mention of the default removal

[grimbell]

Re: Grimbell v Cap 1

Hi
No they didn't but in my letter rejecting the offer I explained this to them again in the hope that they will include it.

[WendyB]

Re: Grimbell v Cap 1

Personally, I would reject the offer, then if they don't come up with the full amount, file an N1. Crap One have a history of making pathetic offers, then saying they'll defend, then paying up within a few days. Keep the default removal as part of the claim. PPI can always be done at a later date if you don't include it in this claim.

I know that its either unenforecable, or charges, but not both, but my personal opinion with Crap One is tht its usually so easy to get the charges back, and quick, that its not worth going down the CCA/unenforceable route in the first place. Thats just my opinion. A claim for the amount your talking would be £65.00 to file in court.

[grimbell]

Re: Grimbell v Cap 1

Thanks

I wrote to NCO telling them that the FOS are investigating but they sent a postcard today stating Mr Edwards will be visiting me on Tuesday as I have not contacted them.

I have also filed a complaint with FOS for £103 off PPI that CAp One took.

[thephoenix]

Re: Grimbell v Cap 1

lol, the infamous Mr Edwards. He gets about a bit.
It's always Mr Edwards with NCO, I doubt very much anyone will visit you. It's just scare tactics, you should report them for harassment.

Postcards ..... :doh: So cheap .!!!!!!

[grimbell]

Re: Grimbell v Cap 1

Hi
Thanks for that. Who is best to report this to?

[thephoenix]

Re: Grimbell v Cap 1

If an account is in dispute they should not be chasiong for until it's resolved.

You could write a letter of complaint informing the creditor that you are aware of the Debt Collection Guidelines and believe they are in breach of these as well as possibly been in breach of section 40 of the Administration of Justice Act.
Ask them to stop what they are doing. You must however, tell the creditor how you would prefer to be contacted, by letter only for instance. Think there is a template in the library for that.
Make sure it goes recorded delivery.
If that fails, report them to Trading Standards and if they don't sort it, report them to The Office Of Fair Trading.

You must provide proof of harassment by way of threatening letters, telephone recordings or document evidance of when calls where made, postcards etc.

This is helpful for all members in this situation not just for you so some of the above may not apply just yet.


:whoo:

[grimbell]

Re: Grimbell v Cap 1

Hi
Letter from the FOS today. They have recieved a printout of charges from CAp 1 and because of the refund made on 3/1/2007 they claim I am asking for the repayment of charges already refunded!
My previous claim was issued on 6/12/2006 and was for charges up to end of Sept 2006 so does NOT include the ones i have just requested.
They have from that worked out that they think that Cap 1 have made an error and have actually offered me too much!
The fos also state that any interest on purchase or cash withdrawls cannot be considered by them so that means Cap 1 by wording their interest as purchase interest and cash interest cleverly escape the interference of the fos!
They also say that if I have been naughty and been late making a payment then Cap 1 have the right to enter adverse inf with CRA and they will not look at it.

So after all this time it has been a total waste and I am totally p****d off:Cry:

I think now I will have to file a court claim for the charges,interest,ppi,interest and default removal which I would of done in the first place but I thought the FOS were just as good.(silly me)

[thephoenix]

Re: Grimbell v Cap 1

considering the fos are funded by the banks, it's not really any surprise.

Court route it is then. just be careful regarding the contractual interest. you should really only claim that or the 8% statutory. You just need a good argument for contractual interest.

IMHO contractual interest AND statutory should be paid as the interest is being made from an unlawful charge therefore they profiting from unlawful act(s).

[Xena]

Re: Grimbell v Cap 1

Court route it is then. just be careful regarding the contractual interest. you should really only claim that or the 8% statutory. You just need a good argument for contractual interest.

This is a credit card claim, so yes include CI. No need to have a good argument for claiming it.

On bank accounts I agree.