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    • If you are absolutely certain* that you were parked OK, write a letter of complaint to the Headteacher and copy in the Chair of the school governors.   If you or the car were identifiable in any way from the photo (eg visible registration number, driver's face etc) I would very politely write that you resent the untrue suggestion that you had parked/had stopped/were waiting in a way that contravened any traffic regulations, and that you are sure that the school will understand that you would like an apology and a correction to be printed in the next newsletter.  (You can also clearly state that you were identifiable from the photo because other parents have mentioned it to you).   See if that works.   You don't want to go to court for defamation as you'll need access to about £10k in fees before you get out of bed.  You just want an apology and a correction.  If what you've told us is accurate, I don't see any reasonable school failing to say sorry.     *My wife is a former school governor and my experience listening to her is that very very few parents actually understand the meaning of the no stopping/no waiting signs and road markings outside schools.  Don't complain unless you are sure you weren't stopped where you shouldn't have been.
    • And they haven't offered a speed awareness course either?  (Have you done one in the last three years or is this in Scotland?)   And is one of the notices for 34 in a 30?  As Man in the Middle says, that ought to be below the level at which they take action.   (And sorry - I don't want to appear preachy - but...  there don't have to be any warnings or signs or lines on the road to advise you of the presence of speed cameras.  If you get away with an exceptional hardship argument you will need to stick to speed limits in future - whether you know there are cameras there or not.  NB Don't know if this applies to you, but most 30 mph limits are restricted roads with a system of streetlighting and don't even need speed limit signs - you are assumed to know this from the Highway Code).
    • It's up to you if you want to pay £300 you don't owe plus whatever Unicorn Food Tax with no basis in law whatsoever that they will have made up in the Letter Before Claim.   We'd prefer you didn't.   But you have received a LBC so it's make your mind up time.   So please    - post up photos of the signage in the dark that you'll have taken two months ago (post 14)    - post up details of planning permission for their signs you'll have found out after you got onto the council, again two months ago (again post 14)    - also let us know if you agree with Brassnecked's excellent letter or if you'd like to tweak bits depending on what you've found out    - upload the LBC.  Some of them are appallingly drafted and invariably contain Unicorn Food Tax which is all useful extra ammo    - also, where are you living now (post 35) and are you comfortable with legal communications arriving at your parents'?   If you look in our PPC Successes thread at the top of the page, you will see 275 times these cheats have been seen off with their tails between their legs (and all had the same "well known legal companies" (ho! ho!) on hand).  In reality 275 times is a massive underestimate, in all 275 cases there was a "moment of victory" IYSWIM where the PPC were thrashed in court or discontinued a claim or were called off by a supermarket chain, etc., etc.  There will have been at least that number again where they were told to Foxtrot Oscar and then crawled back under their stone.  They are eminently beatable but logically when you're in legal dispute you have to put some graft in to beat the other party.
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Capital One Settled Out Of Court - I Won


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My claim with CAP1 had been going on for some time and had various elements to it as time went on - this meant I had to change the Particulars of Claim part of the way through my claim as matters changed.

 

My claim was about unlawful charges, interest, PPI, Default Removal and I had asked for a copy of the CCA and had been sent a copy of an application form and a copy of a leaflet containing T&C's. (not at all what was a CCA at all).

 

Cap1 had repaid the charges into the defaulted account and were arguing over the default removal. My line of thought was if there wasn't a relevant CCA to the account then Cap1 should never have placed the default upon the account - therefore it was reasonable I asked them to remove this. There was months of letters going to and Fro' and they kept arguing the application form was infact the CCA.

 

Seems my opinion differed to CAP1's beliefs? When this case got to court stage I asked the Judge if we could gain sight of the original document that CAP1 were claiming was a CCA - we could then decide where to go with the case from there. Judge did make a relevant Order in September for CAP1 to show the original CCA Document.

I used a very similar Argument as in my husbands Cabot claim (linked here) I simply made it relevant to CAP1.

 

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

My hearing with CAP1 was supposed to be held on 23rd November 2007 and CAP1 decided to settle out of court at the last minute. I spent a few days negotiating with them over how we would settle etc.. and used a Consent Order with a schedule of the terms required to agree the terms of settling etc.. and both parties signed this and sent copies to court requesting a Stay on proceedings whilst the monetry side of the claim was sorted and also the Default was removed.

 

Court agreed to this and issued a Tomlin Order as appopriate. Now this means that if there are any misunderstandings and the terms of the agreed Order aren't met for any reason I will be able to open up the same claim/case and continue my claim until such a time as all the items on the schedule are met.

 

The relevance of the Tomlin Order is it will allow CAP1 time to complete their side of the agreement - also it allows me to check that all the details have been dealt with and I can take the time to check my CRA files for the Default removal and the removal of the Lowell's Default etc.. because the account had been passed to the Debt Collection Agency while in dispute etc..

 

My advice to anyone who is negotiating settlement at the last minute before a hearing is for them to get a similar document drawn up agreeing the terms of settlement. Both parties will sign agreeing these terms so there will be NO going back on the deal and clearly no misunderstandings.

 

Often CAP1 will ask a claimant to drop their claim because settlement is agreed - my advice is DON'T cancel the claim until you are 100% sure everything is as you wanted/agreed. Instead ask Judge for a Stay on proceediings while each party can complete their side of the agreement deal etc.. - Once you are sure everything is complete THEN inform Judge that you wish to close the case. However, if things go wrong you have the safety net of being allowed to bring your claim back to life etc.. by requesting another hearing etc.. Chances are once you've got this signed Document in place with a Judge no company would bother messing about - I am sure no Judge wouldn't look favourably on a company signing such agreements and not keeping to their promises?

 

Hope that helps anyone who is on the verge of settling out of court.

  • Haha 1

My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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Well done, I know you have been battling hard on this one. I'm at a loss though why CapOne take it to the wire as it must be costing them more time and money to do so, especially when they know they will have to cave in at the end.

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Well done Elizabeth1, you must be relieved after all your hard work. :)

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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Well done Elizabeth. Good result.

Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

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Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

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Yes well done! - and great advice too

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

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My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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