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    • Had a previous car loan with this lot. Included in the amount (prior to added interest) on this agreement, is the outstanding balance from the previous loan. This outstanding balance had already been subject to hefty interest on the 1st loan, yet on this agreement they added interest to it again! Also, where it states that the particular Ts and Cs (ref # removed) form part of the agreement, the Ts and Cs they've sent, which they say are part of the agreement, but they are not- they have a different reference number to the Ts and Cs which form part of the (original) agreement. agreeandterm.pdf
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    • Yes, I don't think there is any downside to doing this. If they decline then you can say that in your witness statement
    • Ok! Do you still want me to work on that letter you discussed above in post #26?
    • Thank you for posting up the required details and well done for apparently not revealing the identity of the driver. I am assuming you are the keeper? The depth of ignorance of the parking companies is absolutely amazing. The Protection of Freedoms Act 2012 Schedule 4 is the law relating to private parking and allows those rogues to be able to transfer the charge from the driver [whose name they do not know] to the keeper after 28 days . This is dependent on them complying with the Act. So many of the don't and Alliance is no different. It would help if we could see what you appeal was and to post the back of the PCN as it is lacking so much of the wording necessary to make it compliant so that in your case only the driver is liable to pay the charge. And of course just entering the ANPR arrival times means that they have failed to specify the parking time which is a requirement..  Because the car park was so busy you had to drive around for quite a while before finally finding a place to park which is when the parking period may  actually begin. The poor dears at Alliance have not grasped that particular part of the legislation as yet. To be fair the Act has only been in place for 12 years so one must make allowances for their stupidity . We shouldn't really mock them- but it is fun. You weren't to know but the chances of winning an appeal against Alliance and the IPC is around 5%-and that is high for them. If they allow you to cancel they lose the chance of making money and they would have had a field day when you were there with so many people being caught overstaying because of the chaos in trying to find a parking space then trying to pay.  Your snotty letter could go something like this- Dear Cretins, Yes I mean you Alliance. After 12 years one would have thought that even you could produce a compliant PCN. Did you really think I would pay you a penny extra considering the time I wasted trying  to pay with  long queues at the parking machine, then trying to get a signal to call Just Park. On top of that you then had the cheek to ask for an additional £70 for what dubious unspecified pleasure? You must have made a killing that day charging all those motorists for overstaying because the queues to pay were do long and even walking to pay from the over flow parking fields takes time. And yes I did take photos of the non existent signs in the fields so please don't give me the usual rubbish about your signs being clearly visible. Oh yes that £70. Please tell me and the Court whether that charge included VAT and if it did, why am I being charged to pay your vat? I am sure the Judge would look carefully at that as well as the Inland Revenue. The truth is you had no reasonable cause to ask the DVLA for my data given the chaos at your car park and I believe that you therefore breached my GDPR...................... I expect others will give their views as well.          
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Noumidia Vs Capitalone


Noumidia
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Hi

 

I made a claim against Capital one about the charges in 2014 by sending the first letter then followed by LBA.

 

On 14th April 2014, I received a letter from Capital one refused to refund the charges and they stated in their letter

“Financial regulations require me to advise you that this is my final response in relation to this matter.

If you fell I have not resolved your complaint to your complete satisfaction,

you now have the option to contact the Financial Ombudsman Service with six months from the date of this letter.”

 

I know I should have taken the case to the court sooner after I received the rejection letter for the claim.

 

On February 2017, I decided to make fresh claim and I send LBA,

Capital One replied to my LBA by saying

“Please refer to our letter dated 14th April 2014,

which was our final response on this complaint.”

 

Also the keep saying I had the chance to contact FOS within 6 months from the date of our final response.

My question is can I still file a claim through a small claim court?

capital#21_02_2017.pdf

capital#16_11_2016.pdf

capital#14_04_2014.pdf

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don't forget you have to abide by the new pre action protocol now

it changed 1st oct.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes because it works vice versa... Claimant claims money for charges etc

the new debt protocol says '...This Protocol applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual...'

 

ps

could you imagine a bank/business having to fill out the reply form, and income and expend form, and seeking debt advice from cab etc. that would be interesting. :)

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Hi

I send a Sar I. 2014 and received the whole pack as usual.

 

However the statement is back dated from 2002 even the a/c was open in 1999.

 

Between 2002 and 2004 there are about £500 of charges in late and cover! Iimit fee.

 

My question are

1) Should I file a court claim ignoring the charges before 2002?

 

2) Is possible to file a claim directly to my near county court ?

 

Thank you for your assistance

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  • 2 weeks later...

have you had a look at their brief guide

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/639667/MCOL_Userguide_for_Claimants_August_2017.pdf

 

if you're not comfortable doing the extra re the PoC, then it may be easier for you to do it on paper.

 

see what the guys suggest.

 

broken link above, try this one

https://www.gov.uk/government/publications/money-claim-online-user-guide

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Hi Ford

 

 

I think, MCOL it's little complicated and I am more comfortable with filling N1 as I did against Barclay and Lowell. As the claim is over 5k I want to make sure everything is right, Cap1 are more harder to deal with but take my chances with them as they give me hard time 10 years ago default,CCJ and charging order which still stand.

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forgot to add

also, now, a paper n1 for a fixed money claim should be sent to the money claims centre, salford.

the fee is also a bit more when doing paper.

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  • 2 weeks later...

Hi

I went today to my local Croydon County Court to hand my N1 as my Poc does not fit MCOL's Poc,

sadly all counter services were shut down few months ago.

 

If phoned MCOL help line and advised to send the N1 to Salford with the fees as a cheque or a postal order

however, i don't have a cheque book anymore.

 

MCOL advised to send the extra Poc to the defendent within 14 days of the claim being issued with a covering letter and fill the N215.

 

My question is

1) Does anyone has a template for a short statement to fill up the part5 of MCOL form?

 

2) Do i need to tick the right to claim interest under the county court or not to tick it and include the county court interest in Poc?

 

Thanks in advance for any assistance

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  • 1 month later...

it is defended then?

no fee for aq, it just needs to be completed and filed in time.

you didn't see the user guide info i posted then.

:)

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Hi Ford

Probably I missed the link, but thanks for the reply and I am not forgetting your assistance last time when with a successful claim against Barclay card in 2013. I am pleased you are still around.

Thank you

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sorry, to double check,

you are the claimant?

at what stage are you at

have they defended, and it is now proceeding after you have paid the fee to continue?

you may need to pay a fee

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Anyone know how is the fees for allocation questionnaire, few years ago was £40. I couldn't find it in Ex50 leafle as the deadline is 29 January. Any assistance would be appreciated and thanks

 

Replaced by the hearing fee which is paid later after allocation and detailed within the Notice of Allocation.....amount ...date to be paid.

 

 

Andy

We could do with some help from you.

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Hi all

Here is the update of the claim from MCOL

 

 

  • You submitted a claim on 08/12/2017 at 15:00:42
     
  • Your claim was issued on 11/12/2017
     
  • Capital One (Europe) plc filed an acknowledgment of service on 19/12/2017
     
  • A bar was put in place for Capital One (Europe) plc on 12/01/2018
     
  • Capital One (Europe) plc filed a defence on 12/01/2018
     
  • DQ sent to Capital One (Europe) plc on 12/01/2018
     
  • Capital One (Europe) plc filed a DQ on 30/01/2018DQ filed on 30/01/2018.
     

Capital1 is playing Hard ball but I will go all the way until the hearing day and start preparing the defense

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