Silly here is a question for you, if they cannot provide a true signed copy of the original cca then the debt cannot be enforced!!! if there isno agreement? they sent my mother a copy of ehr application form along witht he current terms and conditions. it has been passed over to the fsa and the oft....

Can I also say ot anyone reading this thread do not allow them the same level of lattitude that I did..... there were many personal reason for this ... had I stuck to a stringent time plan this would all ahve been over and done with much much sooner... I reckon if stick to the timescale we adivse , it can all be over and doen with in a matter of months....

thank you very much silly, and if the fee is waived all the better , if not it is added to the exsisting claim..... and it is well worth the fee... I also reclaimed the ppi on the card as well and in my claim also that they remove any defaults. as they failed to defend shallnow be informing them of that part of the judgement:) oh yes and there is ofcourse the small matter of a wasted courts cost claim!!!! should I or should I not? that is the question;)

thank you Duke and it was only fair that the site got mentioned:):)

Thank you Uncle Pete and I didnt wear a silly hat either.....lol:rolleyes:

My landline and mobile phone records show the amount of phone calls made to them over the previous 21 days, so in my humble opinion they cannot claim an admin error...... They were more than aware of the progress and the status of the claim, so it was not an admin error... Did I think it would take on a life like this when I started it, NO, did I think it would end up on national tv, NO. do I regret it a resounding NO, would I do it again.... hell yes.... So to all who are reading this, do not be intimidated by them or the language they use in their letters.....all the help and support you need is on this site.... It is this site that gave me the information and help and support and without it would not have won..... So thank you to the founders of the site and to all who have aided and assisted me in this

would you believe I had more telephone calls from Cap one that afternoon than you could shake a stick at.... They had claimed to have made the payment by chaps ( what ever it is) and would I confirm receipt. My response was sorry am on a train heading for london and cannot confirm this at present... When I arrived in london did try and check but their computer system was down so could not... BBC breakfast also invited Cap One to take part in the programme but again they declined and gave a statement..... it was an admin error.

On the 16th December I got a telephone call from the court bailiff informing me that they had in fact called at the head office and that they claimed it had been paid, the bailiff was asking me for confirmation of this. I informed them no payment had been made or received and was awaiting clearance... At 9 am on the 17th I conteacted the person whom I had been dealing with and said that I was now contacting the media....that they blatantly told lies to the bailiff, ignored a court order and had behave unreasonably... No response.. I emailed BBC Nottingham witht he brief outlineof the story and asked if they would be interested, within 10 mins of sending that email they were on the phone, asking if I would be prepared ot do a radio link up in the morning for the breakfast show.... Yes ok was my reply, it is very early, I had to be at the studio for 07.15 so had to leave here about 5.45 am... yeah I know.. but hey it was worth it. the producer said give me 15 mins to confirm everything and I willget back to you..... Hed did and also two other stations wished ot do interviews as well, I phoned Cap One again making them aware that of what was happening, no response. BBC Nottingham contacted them askign them to take part, my understanding is they declined but did issue a statement stating it was an admin error..... they still ahd not contacted me with regards payment. After having done those 3 radios interviews, I was contacted by two other stations... and asked if I would do interviews for them..... yes was my reply. Then BBC breakfast show phoned asking if I would do bit on their show, one at 6.40 and the other at 8.10 ( me thinking it was a telephone link up) leave it with me and I will come back and confirm the slots and times... Also your hotel details!!!! hello hotel? yes we would like you to come to London... oh ok... I phoned Cap One back and suggested they might like to watch the show and gave them the times. well it took all of 5 mins before they were on the phone.... asking for my bank details ( they ones they already had) and would I mind very much cancelling the tv programme as they had no paid!.. No I will not, you have claimed you are going ot pay several times and have not, you have had ample notice that the bailiffs are coming in, no the tv slot goes ahead...

late in the afternoon of the 2nd she did call back and took my bank details and said they would be making a bacs payment and would I now inform the court and the bailiffs that the matter had been settled. When there are cleared funds in my account most definately...I called every working day, reminding them that no payment had been made and it was with the bailiffs and they would attend by the 12th December still no response to letter or phone calls.. so left a message in the afternoon that they were leaving me no alternative and I was now considering media action. After all I have been telling you for some weeks I ahve judgement and it is with the bailiffs and yet you have still failed to pay.. this did get a response. Oh we have paid you by cheque ont he 3rd of December! well thus far it has not arrived, and you ahve had ample notice from me of this fact and thus far have failed to rectify the situtation. She asked me why I thought the media would be interested in such a uninteresting story...perhaps given the current financial climate!! the amount of money being poured into banks and financial institutions by the tax payers!! they might find the bailiffs going in of some interest !!!! ( boy did I get that bit wrong) she just laughed...

I then telephoned her back and made her aware that this had been done and a further £55 had now been added ot the claim and that the matter was being passed to the bailiffs... It is still not to late, if oyu contact me and make payment by bacs then there will beno requirement for the bailiffs to attend.... No response the following morning a letter arrived from her, agreeing to pay, sadly it was not the full amount, the court had awarded me the full amount... I sent off a letter pointing this out and enclosing a copy of the judgement... I also telephoned her and left anothermessage on the ans machine pointing all this out.....sadly no response... On the 2nd December a letter arrived from the court informing me it was now with the bailiffs at Nottingham county court... Again trying ot be as reasonable as possible called letting them know it was now in point of fact in the hands of the baillifs and they would be calling any time for collection, it is still not too late to prevent this... no response

after their response it was the letter before action......they do take quite some time to reply.....they have quite a few claims and it takes time to respond. They did respond with the standard proforma letter from the exec office manager.... it is denied that these default sums are unlawful and they are detailed in your terms and conditions and in our customer welcome pack. we are confident that we will win in court... by this time we are at the summer, letters going back and forth about one a month ( on my claim) I was also doing two others at the same time... By the end of the summer decided enough was enough and wrote a very firm letter that if cleared funds were not in my account 123456 by the 30th September then the court claim would be issued without further notice..... Being as reasonable as possible allowed them a further 6 days, submitted my court claim on the 6th October 2008...They had the statutory 14 days to respond, they were very quick and did so within a few days, they were going to defend. This gave them until the 20th November 2008 in which to submit their defence... I phoned the court every day around 3 in the afternoon, just to check and see if they had submitted thier defence, they did not...with your court paperework you get a form that you fill in if they fail to defend. At 9am on the 21st November I arrived at the court and submitted said form. I would like to point out that I did call them making them aware that I had done this and perhaps now might be a good time to settle! No response from them at all, on the 26th November I received a copy of the judgement in the mail, again they were called and made aware that I was in fact physically holding it! and that failure to respond would result in me returning to the court and instigating further action. I called the legal department on the 30th at 9 am, spoke to the lady I have previously spoken too, and informed her that if they had not got back to me by 1pm then they had left me no other alternative but to proceed to the next level which was the bailiffs!!!! the response was to laugh.. So I waited patiently, and at 12.30 got into my car and drove into town, sat int he court carpark and waited...I gave them till 1.30 pm at which point I then submitted my application for the baillifs to go in and paid the fee of £55.

I know Bookworm but freaky told me to do it here and soemthing to do with a link...

Firstly it was giving advice to my friend that got me thinking about my mothers credit card and if she had charges( alzheimers).. which then lead to me thinking hey you have an old one, lets see what you have on that.. Luckily I had some of the really old statements and just telephoned them asking for the ones I did not have. They sent them, no request for a fee or anything, mind they did not send them all, the last year is missing. Anyway then sat down and went through every statement, made a list of all the charges for late payment and over the limit fees...then typed them out on a proper template form, sent them off with a very nice letter. If you pay me with the next 14 days I will accept the charges plus interest at the 8% if you do not then I will be charging the rate of 15.9% that you charged me....also did this with the other two's claim... Got the usual response from them, we are right you are wrong and we deny this claim. oh yes this was back in January of this year 2008.... as this is going to be a long story will do it in segments.

Ah ha I found the new thread gaddgie ( I hope) and so will beging the story of how the bailiffs went to visit Capital One.

ok where is the gaddgie for starting a new thread!!!! yeah I know I have been here long enough ot know but as you all know I am a teckno phobe...

I would inform the court with a copy of your payment, am not so sure that marlin will be in a huge hurry to do so..... also ti might be a good idea to get a hold of your credit file and see what it says incase there are things there that you can have removed.....

hello everyone, hope oyu had a lovely couple of days......

well done Dougy, all the advice you need is on this forum....as is all the help you need as well.....

Hi neive, also if those judgements that you have paid off have been paid off within a month of the judgement being given then you can ask for it to be removed on the grounds the account has been settled..... Cap one are about to aks the court to remove the judgement I got against them last week:):)mind you I also sent the bailiffs in to their head office as well...lol... good luck and you willget there in the end and you should consider reclaiming all the charges on every credit card you have cleared off. and whilst not an expert but am hoping one will be along soon, if they are joint accounts you should only be liable for half the debt! can anyone help on this last point?

that was posted byu martin a while ago.....just change the tax credit if it is not that to what it is ie jsa , housing benefit or what ever benefit

There have been several reported cases of Banks taking charges from accounts that have benefits paid into them by DWP and Social security.thus leaving them with little or no money. Here is a template letter to take or send to the bank to address this. It is important to let the bank have this BEFORE you expect to have funds paid in by DWP or the Inland revenue. A new letter should be sent for each payment that you expect to be protected,customise as required by adding the benefit/type of payment. RIGHT OF APPROPRIATION Dear Sir/Madam, ACCOUNT NUMBER: xxxxxxxxx I am writing to inform you that I am due to have a Tax Credit payment of £xxx paid into my account on xx/xx/xx, and I wish to use my first right of appropriation for this money, for the following purposes; Rent £xx Utilities bills £xx Housekeeping money £xx I will withdraw the money on the day that it is deposited for the above use, and I would be grateful if you would ensure that any other payments out of my account do not interfere with this withdrawal. Yours faithfully, [signature] [print name)

the case is still on hold..... did the solicitor submit a claim via the court? and do you have a calim number?

Hi magnum and welcome to the site, all the help you need is here. incase you have not already done so I would put in writing to them that you wish the interest payments frozen as of the date you phoned them, I would make sure this letter is sent recorded delivery or faxed this way it cannot be denied.. whilst not being an expert so long as you make the min payment on your card I do not think there is much they can do, but am sure if somone knows different they will say so...... I would also open another bank account and have all monies/benefits paid into it and pay only enough into your hsbc account to service any direct debits or standing orders.... My next move would be get to the cab asap, as they can contact them on your behalf and they can have the interest frozen... NOW THIS IS THE VITAL PART. THAT EXPEDITURE FORM THEIR NEXT MOVE WILL BE TO GET YOU TO TAKE OUT A MANAGED LOAN......... UNDER NO CIRCUMSTANCE DO THIS. i WOULD ALSO WRITE TO THE FSA AND MAKE A FORMAL COMPLAINT ABOUT THEIR CONDUCT.... opps sorry for the caps and I would also write to your local mp....... especially given the level of yuour money that has been poured and is being poured into the bankc...... hope some of this is helpfull

Thank you very much everyone for all your messages, as you all know this would not have happened if it had not been for you lot, well what did you excpect freaky....lol..... I was going ot plug this plas as much as possible.....lol I hope everyone has a merry and peaceful xmas xx

Hi Rob , lovely too see you around:) lol why thank you Pete.... now is it worth having a go for wasted court costs!!!! lol