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    • Should this to be take into court with him or should he send something in earlier?
    • This is the other sign  parking sign 1a.pdf
    • 4 means that they need to name and then tell the people who will be affected that there has been an application made, what the application relates to (specificially "whether it relates to the exercise of the court’s jurisdiction in relation to P’s property and affairs, or P’s personal welfare, or to both) and what this application contains (i.e what order they want made as a result of it) 5 just means that teh court think it is important that the relevant people are notified 7 means that the court need more information to make the application, hence they have then made the order of paragraph 1 which requires the applicant to do more - this means the court can't make a decision with the current information, and need more, hence paragraph one of the order is for the applicant to do more. paragraph 3 of the order gives you the ability to have it set aside, although if it was made in january you are very late. Were you notiifed of the application or not?    
    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
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      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

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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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Successful Claims


blueskies
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If you have been successful in your claim with Capital One but the thread title doesn't show **WON** or **SETTLED** can you please send a private message to one of the mods to change the title and put it in the successes sub-forum.

 

This will give other users an at-a-glance guide to other cases that have been won and may just give them that extra little bit of confidence needed to pursue Capital One themselves.

 

If you can't PM a mod for whatever reason then just reply to this thread.

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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  • 2 months later...
  • 3 weeks later...
Guest Ruthie P

I got a lovely letter of victory today from Capital One....

 

Claim number 6QZ89939

 

Total refunded £662.82!

 

whoohoo!

 

THANKS CAG!

 

X

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  • 1 month later...
  • 2 weeks later...

well done everyone!:D

HALIFAX: PRE 6 year claim 1991-2006 WON 21/3/07 £2616

CAPITAL 1 - WON 19/3/07 £800.22

CAPITAL 1 - WON 19/3/07 £325.75

AQUA - MCOL 2/3/07 £172.79

ABBEY - MCOL 2/3/07 £261.37

HALIFAX VISA - WON default removal 19/3/07

PARAGON - LBA 11/3/07

CABOT -SAR 26/2/07

ROCKWELL -OFFER 20/2/07

GMAC -MCOL 7/2/07 £189.85

WESTCOT - SAR 25/2/07

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Steve v Capital One Credit Card

 

WON in full with contractual interest

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

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  • 1 month later...
  • 4 weeks later...

Capital one buckled at the last fence.

 

They were quick and relatively easy, though every step of the way they tried to fob me off with about 80p rather than the £250+

 

Today they agreed to settle for the full amount of £309.85 which included interest and court costs. YES. without admission of liabilty etc etc yada yada yada.

 

Check my sig for dates etc.

Many thanks to martin and all the mods and everyone who's worked so hard at their own claims and documented it here (it's a great help).

Successfully reclaimed £13k in 2007. A bit exhausted now. Still have Post Fear but don't hide from the postman any more.

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Guest wegaevca

I had the same letter where Capone was not accepting liabilty but I received a cheque on Thursday for the full amount, including court fees of £831.75.

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  • 2 weeks later...

Hi fellow CAG members

I wrote to Cap One to say I wanted a refund of £120.00 in total for late payments, they credited my account with the difference between charging me £20 and £12. Although its not a full refund I'm happy with this as I admit to the late payments being my fault and have bigger fish to fry with the banking institues, but at least they didnt just send off a 'No' letter.

 

So keep on at them.

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Hello everyone I'm new to all this so could someone please help me to understand where I begin with Capital One Account. I wasnt well last year and suffered bad panic attacks and couldnt leave the house to pay any of my bills therefore they charged me late payments and overlimit amounts numerous times. Thanks

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Hello everyone I'm new to all this so could someone please help me to understand where I begin with Capital One Account. I wasnt well last year and suffered bad panic attacks and couldnt leave the house to pay any of my bills therefore they charged me late payments and overlimit amounts numerous times. Thanks

 

your posting in the wrong place m8 this is for if youve won you wont get help in here post in the main cap 1 forum!

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  • 2 weeks later...

I received a letter today saying they will refund the whole amount of charges, court costs and 8% interest not the 34.9% interest which I asked for. I am happy with this so I am prepared to leave it at that, and shall be donating using my credit card ;)

Thank all you guys who have helped me through this. I really appreciate you lot XXX

 

 

Total Claimed £1523.37

Total received £1162.95

:DABBEY-WON! £1,359.34

:confused:CAPITAL ONE WON £1,523.27+£39court fees.

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  • 2 weeks later...
  • 4 weeks later...
Guest Botsy

Botsy v Capital One change to ***WON*** please.

Settled two weeks before prelim hearing in Cardiff.

Plus removal of default.

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  • 2 weeks later...

Clubber V Capital One

 

N1 issued 6th August

Deemed served 8th August

Cap One full & final settlement 13th August (not bad timing I'll give'em that, just after my bank one letting me down)

£1310 inc interest @ 8% and court costs.

 

Result!! Thanks to this site. I have not been posting on Cap One site but am doing on Barclays threads. Many thanks for the advice on here though.

 

Clubber

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  • 3 weeks later...

Hi was going to start Crap one thread but now no need to :D

 

Claim filed 17th August 2007

Crap One filed Acknowledgement of Service with intention to defend all of the claim on 28th August 2007.

 

Received letter from Crap One today!

Full & final settlement on a no admission of liability basis and purely as a matter of goodwill! Hooofookinraaaaaaaaaa :D

£280 + interest @ 8% + court costs

 

Cheque in post and will not discontinue claim in court till it is in the bank and cleared!!! ;)

 

Donation on way. Many thanks for a great site CAG and for all the help and advice.

 

Sam

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