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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Give_me_it_back vs Capital One - **WON**


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Hi all

 

I have now received the letter I requested from Capital One. They have listed all the charges, dates and type of offence. Minus the money I got back at the time by simply asking, the total comes to 148.00. Not a huge amount, but mine all the same!

 

I will be posting the 1st letter by recorded delivery tomorrow, giving them until 7th July to respond before sending the LBA letter.

 

PS - I'm in Scotland. Is there anyone else out there in Scotland and with Capital One? I assume the letters are the same - and it's just the court action that's slightly different.. is that right?

 

Wish me luck!!!

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Is there anyone who can answer my previous Scotland query...?

 

Also, the letter I received from Capital One was just typed, and they had listed the charges. Have they done this with anyone else? I did ask for a "full and comprehensive list of the charges" so they have given me what I asked for... But do I trust them..?

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Thanks Clayts. That answers my question.

 

:)

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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  • 2 weeks later...

Hi all. I am getting a bit confused and just need some guidance please...

 

I received my list of charges from Capital One (well within the 40 day timescale). Following on from that, I sent them the LBA (I think!) letter - giving them until 7th July (ie - Friday!) to refund in full, or (quoting from the LBA letter): If you do not respond or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect.

 

Hmmm... what letter does this refer to?

 

Have I got templates mixed up..?

 

Thanks for your help.

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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I have seen where my confusion comes from...

 

In the templates library, there are two letters:

 

'Consumer version - asking for it back'

 

and

 

'Preliminary approach for payment'

 

Could someone please clarify what the difference is between these two letters... They both mention a 14 day period before LBA...

 

Thanks

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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OK... I think I have worked it out for myself, but I would appreciate someone just clarifying... This is not the sort of thing I want to get wrong!

 

In the library section, the letters don't appear in order. I THINK the 'preliminary approach' (no 3 on the list) should be the second letter, with the 'LBA - consumer version' (second on the list) being the 3rd letter sent..? I suppose the clue is in the title, rather than being listed in order ;)

 

If there is STILL no response to this 3rd letter, THAT is when action starts, and forms 1 and 1a (Scotland) are completed.

 

I'm pretty sure I'm right... Am I? :-|

 

Thanks!

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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I, too, am in Scotland. I have today sent off my DPA request letter to Cap One. I'm relatively new to all this but if you click the FAQ thread in the Libraries forum there is a thread with step-by-step instructions on claiming back your charges. I found it helpful to print these out so that I have them to hand instead of having to go through them each time I sign in to the forum.

 

Dunno about the Courts part of claiming the charges yet as I'm still in the early stage, that's something I've still to read up on.

 

Good luck with your claim and hope I've helped with your query.;)

  • Confused 1

** Progress Report **

Capital One -

D.P.A. request sent R/D 3.7.06

Prelim letter claiming £900 sent R/D on 12.8.06.

Offered £345.60 25.8.06 - not accepting!

LBA sent r/d 1.9.06 = £1,249.51

Cap One refusal to increase offer rec'd 13.9.06

Lloyds TSB

D.P.A. letter sent by R/D 3.8.06

D.P.A. del'vrd 4.8.06 - 40 days=13.9.06

Statements that don't make sense rec'd 29.8.06

Cabot

CCA letter sent by R/D 3.8.06

CCA letter not yet del'vrd as at 15.8.06!!!!

Emailed Royal Mail 14.8.06 & await reply

Bank of Scotland

D.P.A. request sent by R/D 12.8.06

D.P.A. del'd 16.8.06

---------------------------

If you think I've helped please click on my scales - top right.

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thanks VERY much candyfloss! I do find this site extremely difficult to navigate (and I used to design website navigation maps for government agencies and quangos!!) I had missed that area altogether!! Just when you think you have read absolutely everything!

 

I have found it now, and am printing off the pages. I will have a read through those tonight.

 

I see the MODS are working on a specifically Scottish section too - which will be a big help.

 

Good luck with your claim. Which part of Scotland are you in?

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Glad to be of help Give......by the way I'm in Fife.

** Progress Report **

Capital One -

D.P.A. request sent R/D 3.7.06

Prelim letter claiming £900 sent R/D on 12.8.06.

Offered £345.60 25.8.06 - not accepting!

LBA sent r/d 1.9.06 = £1,249.51

Cap One refusal to increase offer rec'd 13.9.06

Lloyds TSB

D.P.A. letter sent by R/D 3.8.06

D.P.A. del'vrd 4.8.06 - 40 days=13.9.06

Statements that don't make sense rec'd 29.8.06

Cabot

CCA letter sent by R/D 3.8.06

CCA letter not yet del'vrd as at 15.8.06!!!!

Emailed Royal Mail 14.8.06 & await reply

Bank of Scotland

D.P.A. request sent by R/D 12.8.06

D.P.A. del'd 16.8.06

---------------------------

If you think I've helped please click on my scales - top right.

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PS thank you very much for clicking my scales LOL

** Progress Report **

Capital One -

D.P.A. request sent R/D 3.7.06

Prelim letter claiming £900 sent R/D on 12.8.06.

Offered £345.60 25.8.06 - not accepting!

LBA sent r/d 1.9.06 = £1,249.51

Cap One refusal to increase offer rec'd 13.9.06

Lloyds TSB

D.P.A. letter sent by R/D 3.8.06

D.P.A. del'vrd 4.8.06 - 40 days=13.9.06

Statements that don't make sense rec'd 29.8.06

Cabot

CCA letter sent by R/D 3.8.06

CCA letter not yet del'vrd as at 15.8.06!!!!

Emailed Royal Mail 14.8.06 & await reply

Bank of Scotland

D.P.A. request sent by R/D 12.8.06

D.P.A. del'd 16.8.06

---------------------------

If you think I've helped please click on my scales - top right.

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No problem! My Mum's in Fife - Bow of Fife actually.

 

Keep me updated on your progress!

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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THEY'VE PAID UP!!! Today was the deadline before the LBA... Just received letter now from Robert Udy saying:

 

"...our fees are in line... The OFT has said that it believes default fees of £12 are likely to be fair.. (er - no they haven't!)... we disagree with their analysis and believe our fees are both fair and legal.

 

However, as a matter of goodwill, as you've requested, I have refunded your £148 back to your account (I'll let them off with the 88p!)"

 

YE HA!!!

 

Thanks for all your help and guidance. i'm off to fill out the questionnaire and make my grateful donation!

  • Confused 1

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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I have just noticed... THEY PAID ME MORE THAN I ASKED FOR!! It was only 124.96, and they have paid back 148!!!

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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MODs - can't quite believe I am saying this, but can you move me to 'concluded'!?

 

Thanks (donation made)

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Does no-onw want to congratulate me..:-(

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Fantastic news!!! well done

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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Aw!! Thanks Yasmin!! Was beginning to feel lonesome.

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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:D That's excellent news Give!!! Well done and congrats!

 

I received an acknowledgement letter from Katherine Blunt today in response to my DPA letter, so the ball is in motion....! Watch this space lol and fingers crossed.

** Progress Report **

Capital One -

D.P.A. request sent R/D 3.7.06

Prelim letter claiming £900 sent R/D on 12.8.06.

Offered £345.60 25.8.06 - not accepting!

LBA sent r/d 1.9.06 = £1,249.51

Cap One refusal to increase offer rec'd 13.9.06

Lloyds TSB

D.P.A. letter sent by R/D 3.8.06

D.P.A. del'vrd 4.8.06 - 40 days=13.9.06

Statements that don't make sense rec'd 29.8.06

Cabot

CCA letter sent by R/D 3.8.06

CCA letter not yet del'vrd as at 15.8.06!!!!

Emailed Royal Mail 14.8.06 & await reply

Bank of Scotland

D.P.A. request sent by R/D 12.8.06

D.P.A. del'd 16.8.06

---------------------------

If you think I've helped please click on my scales - top right.

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Thanks Candyfloss! Good luck!

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Congratulations!!

 

Thanks for the donation, it is greatly appreciated.

 

Please don't forget to complete our bank charges survey.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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No problem Barracad! Money well spent (for once!) I have filled in the bank charges survey, and really look forward to visiting paypal again soon!

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Let's hope Mr Udy aint Moody...

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Well done on getting your money back, just calculated my charges on capital one card of £200 credit limit, a stagaring £1152.00 less a goodwill payment of £84.78, Just hope I have the same response you eventualy did. Hope you cut the card up and posted it back to them with a £20.00 charge.

 

Regards bish

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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