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caught_up

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  1. Hi there, if I ask for charges back from a store card and if they refunds part of those charges - can I then go and ask for a CCA? Or should i ask for a CCA and then if they manage to produce one I can then go on and fight off the charges?
  2. I need to send a CCA request for my Debenhams card. But, now it has been passes to Aktiv Kapital so, should I send the request directly to GE capital or to Aktiv Kapital??
  3. I wrote Capital One asking for my charges back but they declined. I am planning to take them to the court. However, they Sold my account to Lowel Grpup which is part of RED debt collection service. I wrote them informing I am in dispute with capital one but they sent me a letter showing Capital One Sold the account to them. Now, Should I take capital One to the court or Lowel Group???
  4. Few more questions : GE Money refused to refund the full sum I've demanded (they are only offering to refund any excess of £12). So, if I take them to small claim court, do I hold GE Money in to account at the court or to Aktiv Kapital since they are trying to recover the debt? Also, How can I persuade Aktiv Kapital to send the files back to GE Money since the debt is in dispute? I mean what should I include on the letter? Finally, do you think it will be useful to go to Financial Ombudsman Service first before going to the court?
  5. Guys, I am going to send a CCA to Aktiv Kapital for one of GE Capital's store card. Please have a look at this letter and make any useful suggestions Aktiv Kapital Addreee Dear Sir/Madam Re:− Account/Reference Number With reference to the above agreement, I would be grateful if you would send me a true copy of the executed credit agreement. I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of the 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 are credit agreement should be supplied within 12 working days. I 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. In addition, I would also like clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into. I look forward to hearing from you. Yours faithfully
  6. Hello there, I am going to send a CCA to the DCA. Should I sign at the end of the letter? Some one suggesting that we shouldn't but, if we don't sign it do they have to comply with my request?
  7. Hello there, yep.. I received the same letter.. saying same things.. wanting to refund the difference of £12. But this is what I have done now GE Money PO BOX 700 LEEDS LS99 2BD Dear Sir or Madam, STORE CARD NUMBER: I respectfully decline your offer letter dated DAY MONTH YEAR and request, once again, that you refund all default charges applied to my account in the last six years, the contractual interest rate applied on them, plus as I believe I have been unlawfully deprived of the money interest at the statutory rate, the amount the court will award. [some one said you can't have both contractual interest rate and statutory rate, now it's you to find out if you can ] I am only willing to accept the sum offered £AMONT part settlement and on the clear understanding that I will pursue recovery of the remainder, with a Sheriff Court claim if necessary. This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs as you have failed to demonstrate a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your charges really do reflect your costs, and therefore the sheriff court will rule in my favour. I wish to stress that I do not accept your offer under the terms stated in your letter. I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. Please refer to the original credit agreement for more information. Also, until the matter is resolved satisfactorily, could you please freeze interest and any other charges accruing on the above account and suspend any attempt being considered by the bank to recover any outstanding balance (if any remaining). I look forward for a full response to this letter within 14 days, otherwise I shall begin a claim against you for up to the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice. Yours faithfully, Good luck.
  8. Thank you eileen Now I will take them to the court. Your valuable advice is very much appreciated.
  9. Hi there, I received a letter from a debt company saying I will have to pay The City Of Edinburgh Council almost £2000 for various parking fines. I guess those FPN was applied more than 6 months ago so do I have any defence if I reject any liabilities?
  10. Progress so far: Wrote to Capital One 1st week of August asking £650 plus £250 interest at the statutory rate. Capital One came back saying No they don't agree with my analysis Offered the difference,sayingthey as allowed to charge £12, £250 and so on. I wrote back declining the offered asked all of them back Capital One wrote back saying they are full confident and will only offer £250 or else I can go to Financial Ombudsman Service I have six month. Now, What should I do???? Initially I asked full charges + Statutory interest @ 8% Should I do now, any suggestions?? Options: i) Just accept their offer of £250 which I really don't want to. ii) Write them back acknowledging they can keep £12 but now I want Contractual interest on the top Plus Statutory interest @8% which would make the claim £900 approx:) iii) Write them again saying I want Full charges + Contractual interest @ 29.9% + Statutory interest @ 8% which would make the claim £2300:rolleyes: More importantly, initially I did not ask for the contractual interest but can I jut simply write them ask say I want contractual interest too??
  11. Okie phoned the Sheriff court today regarding Capital One and they insists if my claim is over £750 then I'll have to use another procedure that entitles me to claim back up to £1500. But, the problem is... if I use the other procedure then I'll be liable for even more court expense if I don't win Now, I've got to think what to do
  12. Hi there, Yes I did. But, what I have done which I think I should not have was I offered a reduced settlement if they pays me in full now lets wait and see how they respond to that. Also, I wonder on my initial letter I haven't claimed my contractual interest 29.9% now I'm not too sure if it's too late to ask that or there are still some time.
  13. Sounds okie then. Now I'm going to ask those refunds including Contractual interest as appears on the statements 29.9% plus 8% statutory interest on the top
  14. Hi there, I am pretty much comfortable asking that 8% interest on the top of the charges but would really appreciate if you could tell me how do I reclaim contractual interest, say if the credit card APR was 29.9%APR? Is it realistic to get a refund of the contractual interest too? Thanks
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