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    • Thank-you dx for your feedback. That is the reason I posted my opinion, because I am trying to learn more and this is one of the ways to learn, by posting my opinions and if I am incorrect then being advised of the reasons I am incorrect. I am not sure if you have educated me on the points in my post that would be incorrect. However, you are correct on one point, I shall refrain from posting on any other thread other than my own going forward and if you think my post here is unhelpful, misleading or in any other way inappropriate, then please do feel obliged to delete it but educate me on the reason why. To help my learning process, it would be helpful to know what I got wrong other than it goes against established advice considering the outcome of a recent court case that seemed to suggest it was dismissed due to an appeal not being made at the first stage. Thank-you.   EDIT:  Just to be clear, I am not intending to go against established advice by suggesting that appeals should ALWAYS be made, just my thoughts on the particular case of paying for parking and entering an incorrect VRN. Also, I continue to be grateful for any advice you give on my own particular case.  
    • you can have your humble opinion.... You are very new to all this private parking speculative invoice game you have very quickly taken it upon yourself to be all over this forum, now to the extent of moving away from your initial thread with your own issue that you knew little about handling to littering the forum and posting on numerous established and existing threads, where advice has already been given or a conclusion has already resulted, with your theories conclusions and observations which of course are very welcomed. BUT... in some instances, like this one...you dont quite match the advice that the forum and it's members have gathered over a very long consensual period given in a tried and trusted consistent mannered thoughtful approach. one could even call it forum hi-jacking and that is becoming somewhat worrying . dx
    • Yeah, sorry, that's what I meant .... I said DCBL because I was reading a few threads about them discontinuing claims and getting spanked in court! Meant  YOU  Highview !!!  🖕 The more I read this forum and the more I engage with it's incredible users, the more I learn and the more my knowledge expands. If my case gets to court, the Judge will dismiss it after I utter my first sentence, and you DCBL and Highview don't even know why .... OMG! .... So excited to get to court!
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other! One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
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Capital one CCA help please


yodabug
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Morning all.

 

I have an outsanding credit card with Capital One ( well pre 2007). Been paying nominal amount for 10 years with payplan

 

The debt is still with Capital One - not sold off to any DCA whatsoever.

 

Is there anyway to check the default date on it ?

 

Both on Clearscore and and Experian I have clean CRF. All defaults well and truly dropped off.

 

The reason I am asking , is that I am currently in process of CCA'ing everyone.

 

Capital One is the only debt NOT sold on to fleecers.

 

But cannot remember / have not got any paperwork with a default notice.

 

Pretty sure it was defaulted say 8 years ago - just want to make sure 100% - I now have clean CRF and dont want it damaged for another six years - if and when I stop paying them. This is the only card I have NOT CCA'd at this present time , on this basis.

 

Any help much appreciated.

 

Thanks again.

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if it was defaulted more than 6 years ago then it will have dropped off your credit report never to return

 

If you have checked your credit report and it is not there, Then there is a good chance it has gone

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Thanks Colin.

 

But need to actually check if it was defaulted in the first place ? Because if it hasnt defaulted yet - then it can be down the line.

 

Thanks

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moved to the cap1 forum.

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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  • 3 weeks later...

Hi everyone

 

Here is my story

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?486920-Been-Paying-Payplan-for-6yrs-Can-i-still-get-CCJs-all-defaults-gone-CRF-is-clean

 

I have just received a reconstituted agreement back from capital one who still own the debt.

 

Please let me know if I need to upload the recon agreement ( just looks like a fresh one straight from printer )

 

What they have provided with my actual signature on looks like an application form ?

 

What do you think ?

 

Thanks again

cap one cca.pdf

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Is this still owned by cap1

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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Wont hurt to offer a small sum if they. Agree to freeze int and charges

Letter in the dca section of our library

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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You have removed the dates of the application...is this pre April 2007 or post?

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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18th jan 2003

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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Share on other sites

I have compared this too other CCA returns - and it appears to be just an application form - with no prescribed terms together with a reconstituted agreement.

 

So now we have the date......their compliance using a reconstituted version is fine with regards to responding to your section 78 request...they have fulfilled their obligations...assuming the recon is accurate.

 

Should they wish to go further and issue a court claim then they would have to disclose the original to enforce the agreement (pre April 2007) along with the correct T&Cs and assuming it contains all the prescribed terms.

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Hello

 

So wise to continue with token payments and then offer F and F ( as per DX advice ) ?

 

Just a bit confused as it’s a reconstituted agreement.

 

Thanks again

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Very low £1 then theyll sell it on

Then you can stop

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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  • 3 weeks later...

Hi there

 

I got my SAR back. Seems to be a lot of late charges and interest charges applie to account. I will investigate what i can maybe claim for here.

 

and Capital one got in contact saying they missed my recent latest DMP payment. They didnt.

 

I have since cancelled by DMP arrangement.

 

The letter ends..

 

If we havent heard from you within 21 days from the date of the letter.....we will contact you directly and take the nexts step in recovering the amount you owe us, which is likely to mean passing your account onto a debt collection agency or selling to a debt purchaser.

 

shall i just continue to make token payments or now just let this run ?

 

any help much appreciated

 

thanks

Edited by yodabug
typo
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If you keep paying you run the sb date still

Pers id stop

Theyll sell it on

Then new cca time again?

 

Is this on your credit file?

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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Share on other sites

pers i'd stop paying then

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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Share on other sites

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