caspercat1 v capital one

[citizenB]

Sadly yes, this is the way these people operate

 

Wait until you receive their defence, let us have a peek and then we can advise you what to do next

[caspercat1]

All how do I attach a pdf file ?????????

[dx100uk]

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[caspercat1]

Ok see here is the defence lodged by Cap0ne and anonymised of course.

 

I have not included a big pack of statements and the original agreement suffice to say you would expect them to include these.

 

Let me know what you think.:roll:

 

 

 

[ATTACH=CONFIG]43867[/ATTACH]

Edited May 15, 2013 by citizenB
File edited and replaced

[ims21]

I have unapproved your PDF as there is personal information showing.

 

Please go through and cleanse.

[citizenB]

I have unapproved your PDF as there is personal information showing.

 

Please go through and cleanse.

 

 

File edited and replaced.

[caspercat1]

Sorry about that site team, silly of me but easy to and thanks for rectifying it so quickly in the original post

[citizenB]

Sorry about that site team, silly of me but easy to and thanks for rectifying it so quickly in the original post

 

Yes, it was kind of hidden away within the text. Well done silverfox for spotting it in the first place

[caspercat1]

Allocation questionnaire arrived today with completion by the the 30th May, so looking for your help soon on this and the defence lodged.

[caspercat1]

All, reading through defence there is a bit about counter claim for damages should the court rule charges are unlawful. Is this there standard threat and just smoke and mirrors? This obviously is a bit worrying.

Also do I sit it out ignore allocation questionnaire and wait for hearing date?

 

 

 

 

Allocation questionnaire arrived today with completion by the the 30th May, so looking for your help soon on this and the defence lodged.

[caspercat1]

All persume I just sit it out and ignore allocation and wait for hearing date. Has anybody had a look through defence ? the bit about additional damages counter claim should the court rule charges are unlawful worries me, or is just smoke and mirrors.?

 

 

 

Allocation questionnaire arrived today with completion by the the 30th May, so looking for your help soon on this and the defence lodged.

[citizenB]

Caspar, they charge a standard default charge whether you go over by £1.00 or 1 penny.

 

I see that they are claiming that charges had been applied from inception of the account - if this is not correct, then you can counter that.

 

I see your initial credit limit was £500.00 - is this one of the credit building accounts ? If so, they already charge horrendous interest rates as this would have been a high risk account (forgive me if I have misread or misunderstood this)

 

Did they ever increase your credit limit?

 

I will alert andyorch to see if he has any advice.

[citizenB]

Caspar, the following advice has been given..

 

 

Ok just had a quick whiz through ....impossible to comment on their defence without the wording of his particulars claimed. Its a super defence though with a threat of damages for his breach....step carefully. He can sit it out if he wishes but if he does not file his aq his claim is struck out.

 

The claim is very weak...he defaulted be it twice thrice or numerous they must by law record the Default with CRAs in line with the ICO guidance.....be it settled a week later or 3 months later. And if you default or exceed balance they will hit you with penalties as per the T&Cs that he agreed to.

 

The guidance that he posted from the ICO is just that guidance creditors can record after one missed or 6 missed...depends on the animal you are in bed with.

 

I personally would drop it for the amount involved.

 

[caspercat1]

Caspar, the following advice has been given..

 

Thanks for the advice all and I think I might drop it based on this. The whole purpose was to claim the charges and seek default removal as part of the negotiated settlement which looks flimsy now and that threat of damages is nasty. At least I have the comfort of knowing that I made them sweat on the defence.

[caspercat1]

Thanks for the advice all and I think I might drop it based on this. The whole purpose was to claim the charges and seek default removal as part of the negotiated settlement which looks flimsy now and that threat of damages is nasty. At least I have the comfort of knowing that I made them sweat on the defence.

 

Ok so I slept on this and decided to press ahead " not one to give up without a fight".

 

The claim hinges on whether the penalty charges are fair or not and so far no court has substantiated that credit card charges are fairly charged. Unless crap1 substantiate their charges instead of hiding behind confidentiality they will lose again on this point. I wil offer to sign an NDA if they are prepared to share this with the court.

This claim is not about the conduct of the account so I need to deflect that issue and if the court rules against them and they attempt to sue me for damages I will counter claim damages to reputation, ability to gain loans and loss of income which I can prove, all because these unlawful charges caused me to go over the limit or pay late and pick up the default.

Bottom line is I will negotiate with them prior to hearing and see what I can get

[caspercat1]

Update on this my hearing date is set by the Court and Capone have made an offer to settle in advance,

we are still in negotiation on this but the moral is don't give up.

[citizenB]

Thanks for the update casper, I hope the outcome is one that you find satisfactory

[dx100uk]

DONT settle for anything less than your SOC, [at compounded int rate} whatever TWADDLE they cone out with.

 

and they WILL try it on.

 

for the sake of all futurereclaimers

cap1 has caved in many times for the full wack!

 

dx

[twoman]

Hi CC1,

Just about to issue my claim against cap one.

Did they settle what you claimed and what/ how did you word your POC?