Tanzarelli v Cap One... £ + default **WON**

[TANZARELLI]

Happy New Year:)

 

Happy New Year to you too.

[TANZARELLI]

MysterE - Hi to you. Although I see you've only just joined, you seem to have read up and got things well and truly under way. Well done, and all the best with your claim.

 

I just happened to notice you have managed to get copies of tele-cons with them, under the Data Protection Act. I never thought of asking for those (and I have 3 S.A.R - (Subject Access Request)'s on the go) - as I never thought that they would supply them. Did you ask specifically for yours - and are they on CD or tape ?

 

Be interested to know.

 

Cheers,

 

Bill.

 

Remeber that letter on my Barclays thread, well I originally sent the template SAR but in this follow up letter I added the following:

 

Please note that I also require you to supply me with any notes, or documents relating to any legal action between you and myself. This also includes any voice recordings you may have from telephone conversations, if any exist, as well as emails, which I have sent to your organisation, and any responses from yourselves. In addition to this I would like to request under the Consumer Credit Act 1974, my original signed executable contract pertaining to my account, I am aware that there is also a £1.00 fee for this, which I also authorise you to deduct from my account.

If there is still time write them a not Bill. Cant see it harming, might even stress out those at the Bank. lol:D

Tanz

[bill-k]

Cheers, Tanz - I missed that. I'm still thrashing it out with them for more data, and have just sent another coupla snotties. I'll send a couple of follow-ups to them, then. Thanks.

[TANZARELLI]

No probs,

 

Is that you and the misses enjoying the festivities last night in your avatar?

 

lol

 

Tanz

[bill-k]

No probs,

 

Is that you and the misses enjoying the festivities last night in your avatar?

 

lol

 

Tanz

'Tis indeed. Chezt sent it to me (funny I can't remember her being there, though !!) - she sent me a coupla gorilla hangover pics, too, but they were a bit too ugly for avatars !!! :o

[TANZARELLI]

Nice one, you must of been that p***** you forgot the Paps were out taking pictures, perhaps they were working for the banks?

[bill-k]

Nice one, you must of been that p***** you forgot the Paps were out taking pictures, perhaps they were working for the banks?

:D

Dammit - you're right. I should have put a diguise on !!

[TANZARELLI]

:D

Dammit - you're right. I should have put a diguise on !!

 

On the positive side its a good job it was your misses, and not another Gorrilla friend. lol:D

[bill-k]

Yeah, I had me beer glasses on, so I guess that's why I'm still smiling !

[TANZARELLI]

Just sent LBA to Barclaycard for non-compliance.

 

Also reminder and info of what I expect from Pete Townsend at Barclays re my SAR. Both went recorded delivery today.

 

Also going to ring up Barclaycard to tell them whats coming. Just to rub it in a bit.

 

Tanz

[bill-k]

Just sent LBA to Barclaycard for non-compliance.

 

Also reminder and info of what I expect from Pete Townsend at Barclays re my S.A.R - (Subject Access Request). Both went recorded delivery today.

 

Also going to ring up Barclaycard to tell them whats coming. Just to rub it in a bit.

 

Tanz

Yeah, good, Tanz. I will watch your non-compliance closely, as I feel I may have that coming up for me, soon, as well. Good stuff, mate.

[TANZARELLI]

Not a problem, they don't seem to be bothered about this fact though. We'll see.

 

Tanz

[TANZARELLI]

Just had another letter from crap one dated 19th Dec no change to the last one except that they are now served as of 30th Dec 2006 with my claim.

 

I have thought though I am going to send them a full SAR which also asks for all copies of voice recordings and also a copy of my original agreement.

 

This is because they still seem to think that the reason they have added the default is correct and is because I missed payments, they also said that I agreed to pay 3% of my balance each month and that they didn't have a payment from me since July 2006. Well my arguement is that I did agree to pay yhe origninal balance but I didn't agree to pay a balance which included unlawfully levied charges, so wheres your arguement their then????

 

Will keep you posted

 

Tanz

[TANZARELLI]

Right just sent the following to Cr@p One:

 

Capital One Bank (Europe) PLC

350 Euston Road

London

NW13JJ

3rd January 2007

Data Protection Act 1998

Subject Access Request

 

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: **** **** **** ****

Please supply me with a copy of all personal data you hold about me, this is to include copies of all recorded telephone conversations which I know you have made when I have phoned up to discuss my account in the past, for the purposes of training. Also I request copies of all correspondence between yourselves and any other 3rd party (i.e. Credit Reference Agencies), which has a direct bearing on me as a subject.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

Tanzarelli

[TANZARELLI]

Also this:

 

Capital One Bank (Europe) PLC

350 Euston Road

London

NW13JJ

3rd January 2007

Consumer Credit Act 1974

Credit Agreement Request

 

Dear Sir/Madam

Re: Account Number **** **** **** ****

 

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my 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 our credit agreement should be supplied within 12 working days.

 

I also 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.

 

I look forward to hearing from you.

 

Yours faithfully,

Tanzarelli

£1 fee for this request and £10 fee for the post above included in the for of postal orders.

 

Tanz

[TANZARELLI]

Happy days

[TUTTSI]

Hi Tanz

Just to let you know Crap One have paid up in full today, and just before I was going to press the Judgement button. Well Hey Ho I am £968.12 better off including interest and the return of all the court fee.

They say if I do not agree to their terms I should consider closing my account with them. In other words they will continue to charge and you know what if they do I will claim again from them - so there. I am just off to post my thread as settled and contact a Mod.

DS

[TANZARELLI]

Hi Tanz

Just to let you know Crap One have paid up in full today, and just before I was going to press the Judgement button. Well Hey Ho I am £968.12 better off including interest and the return of all the court fee.

They say if I do not agree to their terms I should consider closing my account with them. In other words they will continue to charge and you know what if they do I will claim again from them - so there. I am just off to post my thread as settled and contact a Mod.

DS

 

Thats great news ds,

 

Nice one really chuffed for you. Hopefully mine wont be far off, but the default will come after payment i feel, however I am not going to accept payment unless they remove the default. I have been thinking about this today and am considering writing to them to argue their point about how they seem to think the default has been added correctly.

 

Will keep you posted on this when I have looked into this and drafted a letter.

 

Thanks for letting me know. What stage were you at when they settled????

 

Tanz:D

[TUTTSI]

Thats great news ds,

 

Nice one really chuffed for you. Hopefully mine wont be far off, but the default will come after payment i feel, however I am not going to accept payment unless they remove the default. I have been thinking about this today and am considering writing to them to argue their point about how they seem to think the default has been added correctly.

 

Will keep you posted on this when I have looked into this and drafted a letter.

 

Thanks for letting me know. What stage were you at when they settled????

 

Tanz:D

 

Hi Tanz

Quite close to their deadline which would have expired on 6/1/2007 or they would have to have filed a defence or I could have gone for JUDGEMENT.

The final paragraph states

'that going forward, we may still add fees to your account, if you do not keep up to date. We will automatically charge fees if you miss a payment, pay late, your balance goes over the credit limit or if your direct debit or cheque payment is returned unpaid. If you do not agree with these terms, I would respectfully request you consider closing your account.'

 

If I did get anymore charges! I will claim again and again.......

Any way good luck with your claim and lets hope that it won't be too long now. Keep me posted.

Thanks

DS

[TANZARELLI]

Hi Tanz

Quite close to their deadline which would have expired on 6/1/2007 or they would have to have filed a defence or I could have gone for JUDGEMENT.

The final paragraph states

'that going forward, we may still add fees to your account, if you do not keep up to date. We will automatically charge fees if you miss a payment, pay late, your balance goes over the credit limit or if your direct debit or cheque payment is returned unpaid. If you do not agree with these terms, I would respectfully request you consider closing your account.'

 

If I did get anymore charges! I will claim again and again.......

Any way good luck with your claim and lets hope that it won't be too long now. Keep me posted.

Thanks

DS

 

I would say its up to them to close your account, not you, nut you can bet they will use this in evidence if it ever got to court next time. They would arue that by continuing to keep your account open you accepted the charges. But we all know that wont work.

 

Nice one.

 

Tanz

[TUTTSI]

Well I do not think they would still go to court if there were to be a next time as they certainly do not want to make an appearance as they do not want in their words waste valuable court time.

DS

[bill-k]

Nice result, DS - and very good of you to share it here !! That's the best part of a grand to spend i nthe January sales !!!

 

Well done.

[TANZARELLI]

Well I do not think they would still go to court if there were to be a next time as they certainly do not want to make an appearance as they do not want in their words waste valuable court time.

DS

 

I agree, they're scared.

[TUTTSI]

Nice result, DS - and very good of you to share it here !! That's the best part of a grand to spend i nthe January sales !!!

 

Well done.

Thanks Bill

For your good wishes, I really do not want to spend it all, maybe just a little! it would just be nice not to pay high interest each month and so reducing my outgoings which will help me to have a better quality of life instead of strugling to pay the exagerated interest.

DS

[TUTTSI]

I agree, they're scared.

 

Hi Tanz,

I knew that you would agree, because if they had a case in the first place they would not have paid out. Goodwill Gesture or not!

DS