Hi Guys, hope someone can advise, we have been renting a thouse for nearly the last 2 years from a private landlord, we were initially on a 6 month contract which has never been resigned. My wife and i are seperating and so i wanted to put the house in her name for the sake of the children, however the agent dealing with the matter advised us that the landlord was looking to sell the house. Yesterday my wife was given the section 21 and was advised i could not now give 1 months notice i had to stay till the end of march and pay or i would lose my deposit, is any of this correct? Many thanks Forteboy:cool:

Hi Foxy, thank you, that is what i told them when they demanded more money, its good to know i was right. Regards Forteboy

Hi Guys, Could someone please advise Regards Forteboy:cool:

Hi Supa, it is a bank account, should i write them and offer to pay the same? Regards Forteboy

Hi Guys, Just a quick Query and sorry if this has been dealt with before. I have spoken to Moorcroft today in regard to a"NatWest" account they have for me, now i agreed to pay £40 a month, last september I think, now with Christmas i could not afford to pay that month so of course they sent 2 letters advising me i needed to pay. The second letter said i had to pay by 10am today, I called them and advised i could pay Decembers tomorrow and January would be paid as normal on the 1st February, i aslo advised that i would be made redundent middle of next month. The fellow i spoke with advised me that they would only accept payment and restart the process if come the end of february i increased my payment to £50 per month. I asked him if he had listened to what i had told him and he was obviously not interested as he said the company would start legal proceedings if i did not agree and the court would award the costs. There is one other thing that you need to be aware of, and that is som of the amount i am being chased for is made up of Bank charges, I think around 30% or so, could someone please advice. Regards Forteboy:cool:

Hi Guys, still the same question should it be Stat or CI. I tried for CI with Cap 1 and i lost so I really could do with help if you think CI is the way. many thanks for any opinion regards Forteboy:cool:

HI Enron, thanks for the advice, i would like to go for CI as they have treated me badly over time and from what i understand they make people wait for their own money. so please feel free to point me in the right direction. Many thanks Forteboy:cool:

Hi guys, As you can see its been over a year since my last update, not a lot has changed since my last update, I lost my job and then obtained a new one, main problems are it was for less money and takes an hour longer both ways. I am now at a point where i can now reignite my case against Citi but have mant questions, is it best for me to start at prelim or LBA. I was chasing for CI originally, but knowing how tough this is, are there any recommendations for me. i will be back on tomorrow night around 8PM so any help will be greatly appreciated. Many thanks Forteboy8)

Hi Guys, not good news for me I'm afraid, my claim for CI was turned down by the judge, Cap 1 did send a solicitor to defend their side, I am not afraid to say "He baffled me", I only won what cap 1 offered back in October which was all my charges, interest and court costs. Heres to the next one. Regards Forteboy

Thanks Steven, your assistance is greatly appreciated. Forteboy:cool:

hi guys, now i have only just over 2 weeks before i go to court, this is a first for me, so what now, is there somewhere for me to read up on procedures and how exactly do i present my claim to the judge, could some kind person please advise. all the best Forteboy:cool:

Hi Steven, i used the the Sempra Summary as a i believed this would be sufficient. if no9t please advise regards Forteboy:cool:

Hi guys, crap 1 not only have they sent their court bundle, i will receive tomorrow, but they also sent a letter, could someone help me to issue a response to this and let them know we at CAG are not to be messed with; "Thank you for your recent letter. I wrote in November 2007 to outline our positin and our offer remains unchanged. We are not prepared to pay you contractual interest or remove the default recorded on your file. Your terms and conditions set out the interest rate applicable to your credit card; no provision exists in your and conditions entitling you to claim the same rate of interest on your claim. There is no legal basis to justify implying any term. in the recent case Sempra Metals V HM commissioner of Inland Revenue, the court awarded compound interest in a claim for restitution. Your claim is not a restitution claim and there is no evidence that Capital One has been unjustly enriched. The court also said that compound interest may be awarded in claims of breach of contract where a party could demonstratethat the actual losses suffered justified an award of compound interest. You have not pleaded any such loss and the payment of statutory interest at the rate of 8% more than compensates for any loss you may have suffered. Our postion is supported by the high court decision in the case of Halliday V HBOS pl. in that case the judge rejected the claimants claim for compound interest at the banks contractual rate and instead awarded the claimant simple interesr at the statutory rate (8%). Mr Justice Underhill stated that a term relating to compound contractual interest would only be implied where it was "necessary" to do so and in was not necessary in a bank, customer relationship. In addition, Mr justice underhill found there was no custom and usage on which to justify implying such a term. We sent you a cheque $xxx made up of the following: i. Default fees charged to your credit card in the sum of $xxx; ii. The interest charged on the fees in the sum of $xxx; iii. All interest charged on purchases and fees whilst the account was openin the sum of $xxxx; and iV. The Court fee of $108. We have offered over and above what you are entilted to in an attempt to settle your claim at an early stage however you have declined this amount. We believe the default recorded on your account is an accurate reflection of your accountmanagement activity and are not prepared to move it." they then go on to give various dates and cash details, to be followed with: "It cannot be said that the fees applied to your account caused you to default as the majority of your balance was genuine cash and purchase transactions. On this basis we will not remove the default. In light of the above it is our view that you have no further claim against Capital One. It is your decision to pursue thisaction; however we are confident in our decision to defend the outstanding elements at the hearing on 26 march 2008. We have acted entirely reasonably and have offered to refund over and above the amount you are entitled to claim in an attempt to resolve this matter. I hop i have clarified our position in full Rachel Howey Legal Departmenfor and on Behalf of Capital One. Now i still think i am right but I can understand why people fold and accept what they are offered, the letter seems to make sense but i some how know there covering something, i do intend to obtain my signed contract from them shortly as i believe this will prove they have no right to keep processing my date through CRA's again if any one wishes to reply on behalf with a stinging response please let me know. regards Forteboy:cool:

Thanks Steven, that has saved me chopping down 1 tree for this bundle, I misssed delivery of the bundle from Capital 0ne today, DHL have advised they will deliver tomorrow. Regards Forteboy:cool:

Hi Steven, I think I am going to ask for the signed contract as i believe there will not be one and if there is it will be the "legal" type, as i joined in 1999, hopefully this will sort the default issue out. Regards Forteboy:cool: PS i am in the process of printing my bundle there is roughly 100 pages of communications between me, the court and crap one, including the statements, do I also need to print off all the Semplar case (90 pages or so)or is there an abridge version somewhere