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    • Hi. Could you post up what they've sent please so we can see what the charge is? Cover up your name and address and their reference number. HB
    • I've looked through all our old NPE threads, and as far as we know they have never had the bottle to do court. There are no guarantees of course, but when it comes to put or shut up they definitely tend towards shut up. How about something like -   Dear Jonathan and Julie, Re: PCN no.XXXXX cheers for your Letter Before Claim.  I rolled around on the floor in laughter at the idea that you actually expected me to take this tripe seriously and cough up. I'll write to you not some uninterested third party, thanks all the same, because you have are the ones trying to threaten me about this non-existent "debt". Go and look up Jopson v Homeguard Services Ltd, saddos.  Oh, while you're at it, go and look up your Subject Access Request obligations - we all know how you ballsed that up way back in January to March. Dear, dear, dear - you couldn't resist adding your £70 Unicorn Food Tax, you greedy gets.  Judges don't like these made-up charges, do they? You can either drop this foolishness now or get a hell of a hammering in court.  Both are fine with me.  Summer is coming up and I would love a holiday at your expense after claiming an unreasonable costs order under CPR 27.14(2)(g). I look forward to your deafening silence.   That should show them you're not afraid of them and draw their attention to their having legal problems of their own with the SAR.  If they have any sense they'll crawl back under their stone and leave you in peace.  Over the next couple of days invest in a 2nd class stamp (all they are worth) and get a free Certificate of Posting from the post office.
    • Yes that looks fine. It is to the point. I think somewhere in the that the you might want to point out that your parcel had been delivered but clearly had been opened and resealed and the contents had been stolen
    • Hi All, I just got in from work and received a letter dated 24 April 2024. "We've sent you a Single Justice Procedure notice because you have been charged with an offence, on the Transport for London Network." "You need to tell us whether you are guilty or not guilty. This is called making your plea."
    • Okay please go through the disclosure very carefully. I suggest that you use the technique broadly in line with the advice we give on preparing your court bundle. You want to know what is there – but also very importantly you want to know what is not there. For instance, the email that they said they sent you before responding to the SAR – did you see that? Is there any trace of of the phone call that you made to the woman who didn't know anything about SAR's? On what basis was the £50 sent to you? Was it unilateral or did they offer it and you accepted it on some condition? When did they send you this £50 cheque? Have you banked it? Also, I think that we need to start understanding what you have lost here. Have you lost any money – and if so how much? Send the SAR to your bank as advised above
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Capital One issue


dragon29
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I have a credit card with Capital One which I am paying off monthly - I had a nervous breakdown last April and I am writing to all my creditors asking for them to hold my account for six months whilst I recover to make my life a little bit easier. MOST have been very understanding.

 

Capital one on the other hand ...less so

 

I have sent them FOUR letters in total explaining the situation and also explaining that I want all communication via letter for my records - They just don't seem to understand that.

 

On every reply they urge me to call them to explain the situation. I don't want any dealings over the phone. I want it all in writing. This is my right correct?

 

Is there a way I can get them to stop urging me to phone them in their letters or should I write them yet another letter explaining yet again that I want all communication via letter. All of my other creditors have been extremely understanding. It's just these that don't seem to understand that I don't want to talk to them over the phone.

 

What should I do?

 

Thanks a lot!

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The CONC rules - http://www.consumeractiongroup.co.uk/forum/showthread.php?426145-CONC-7.12-Lenders-responsibilities-in-relation-to-debt-including-DMPs provide that where you are in a DMP, then it would be a breach of those rules for one of the creditors to break ranks and bring down the whole DMP.

 

Also, if you are developing a plan then your creditors are obliged unless there is an objectively good reason for refusing to do so.

 

It seems to me that the way forward here is to start setting up a self-administered DMP – or else go to a reputable debt management company to help you do it. If you start setting up your own DMP and get all the other creditors on board this will apply extra pressure to Capital One.

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Me thinks might be worth emailing the MD of CAp One UK... They have some good eggs in the exec team who actually do have a lot of knowledge on FCA Rules.

It is your choice however

 

 

We can help you write the complaint, but at the end of the day it might help you get through to them. Should it fail you then go to the FOS and take legal action if need be.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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