Jump to content


  • Tweets

  • Posts

    • Items for sale include five rare Ferraris and a pair of Air Jordan sneakers signed by Michael Jordan.View the full article
    • TECHZONE BUXTON LTD overview - Find and update company information - GOV.UK FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK TECHZONE BUXTON LTD - Free company information from Companies House including registered office address, filing history, accounts, annual... thread title updated. dx
    • next time dont upload 19 single page pdfs use the sites listed on upload to merge them into one multipage pdf.. we aint got all day to download load single page files 2024-01-15 DBCLegal SAR.pdf
    • If you have not kept the original PCN you can always send an SAR to Excel and they have to send you all the info they have on you within a month. failure to do so can lead to you being able to sue them for their failure.......................................nice irony.
    • Thank you and well done  for posting up all those notices it must have have taken you ages.. The entrance sign is very helpful since the headline states                    FREE PARKING FOR CUSTOMERS ONLY in capitals with not time limit mentioned. Underneath and not in capitals they then give the actual times of parking which would not be possible to read when driving into the car park unless you actually stopped and read them. Very unlikely especially arriving at 5.30 pm with possibly other cars behind. On top of that the Notice goes on to say that the terms and conditions are inside the car park so the entrance sign cannot offer a contract it is merely an offer to treat. Inside the car park the signs are mostly too high up and the font size too small to be able to read much of their signs. DCBL have not shown a single sign that can be read on their SAR. Although as they show photographs which were taken the year after your alleged breach we do not know what the signs were when you were there. For instance the new signs showed the charge was then £100 whereas your PCN was for £85. Who knows, when you were there perhaps the time was for 3 hours. They were asked to produce  planning permission which would have been necessary for the ANPR cameras alone and didn't do so. Nor did they provide a copy of the contract-DCBL  "deeming them disproportionate or not relevant to the substantive issues in the dispute" How arrogant and untruthful is that? The contract and planning permission could be vital to having the claim thrown out. I can find no trace of planning permission for the signs nor the cameras on Tonbridge Council planning portal. and the contract of course is highly relevant since some contracts advise the parking rouges that they cannot take motorists to Court. I understand that Europarks are now running that car park which means that nexus didn't  last long before being thrown out.....................................
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      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. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

Are CapitalOne really this stupid?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5055 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi !I received a cobbled up applicatiom form too!and just as i was begginning to think they had no more crap to send me!:eek:It is strange zazen warrior but my application form they are trying to imply is an enforceable CCA though it is an identical application form to yours it has a sligtly different wording and layout in middle part trying to imply it has something overleaf which makes me wonder if something strange happenend to middle of application form,trouble is if you can not see original application form you can not be sure how the papers been arragened when put through a scanner!and how those papers get put together.I supppose if it ever goes to court and crapital one or one of their agents who they sell it on to try to take me to court and carry out any their threats i can cpr for original CCA i presume following the advice of this site and i have heard that many cases get struck out when DCAs fail to comply with original cca?or it is found to be a cobbled one?

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Link to post
Share on other sites

  • Replies 386
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I am still ignoring them.

 

They are still ignoring court orders.

 

U see i am suing them so if they can obey court order then how can they obey the laws?

Hi Godmother! Yes Crapital one are a law to themselves,:eek:

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Link to post
Share on other sites

Capital One have gone very quiet on me again - no doubt saying that will cause another missive from yet another bottom feeder to drop through my letter box tomorrow!

 

I don't think their standard issue strangely mutilated application form would get them very far in court ;)

  • Haha 1
Link to post
Share on other sites

Capital One have gone very quiet on me again - no doubt saying that will cause another missive from yet another bottom feeder to drop through my letter box tomorrow!

 

I don't think their standard issue strangely mutilated application form would get them very far in court ;)

Hi Zasen warrior!

Thanks for reassurance!I am glad you think it has been strangely mutilated too!Thay say it is their final say on matter but do you think i should write them another letter saying it is just an application form this time?

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Link to post
Share on other sites

My feeling these days is, very much, to write to them once, state your position and then totally ignore them (esp Crap One) unless or until they take you to court.

 

You'll get all the help you need here if that happens which I feel is unlikely.

 

I agree. Whats the point of continuous conversations with idiots. Make your position clear and call their bluff.

  • Haha 1

Link to post
Share on other sites

Hi Zazen Warrior and ODC

Thanks for the advice! I find this thread exrtemly helpful!Thanks again:)

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Link to post
Share on other sites

subbing needed a laugh:D

Lowell Financial (Monument) No CCA - File Closed ** WON**:D

1st Credit (Citi Financial) No CCA - Credit Report Marked 'Satisfied' ** WON **:D

American Express No CCA - Pending

RBS Mint No CCA - Pending

CL Finance (Morgan Stanley) No CCA - In Court:eek:

HSBC - No CCA - In Court:eek:

Link Financial (MBNA) No CCA - Pending

Link to post
Share on other sites

subbing needed a laugh:D

Hi Uptotheeyeballs!

Yes i quite often look at Zazen Warriors thread when i need cheering up! Or need some inspiration in my long battles with DCAs!.I just love the way Zazen warrior despatches DCAS! one by one! like the nickname!LOL:D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Link to post
Share on other sites

Don't wish to hijack but can you look at my thread below, I believe it's relevant to every one with No CCA / Unenforceable.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/172555-american-express-anyone.html

Edited by upto the eyeballs

Lowell Financial (Monument) No CCA - File Closed ** WON**:D

1st Credit (Citi Financial) No CCA - Credit Report Marked 'Satisfied' ** WON **:D

American Express No CCA - Pending

RBS Mint No CCA - Pending

CL Finance (Morgan Stanley) No CCA - In Court:eek:

HSBC - No CCA - In Court:eek:

Link Financial (MBNA) No CCA - Pending

Link to post
Share on other sites

Lowell Financial (Monument) No CCA - File Closed ** WON**:D

1st Credit (Citi Financial) No CCA - Credit Report Marked 'Satisfied' ** WON **:D

American Express No CCA - Pending

RBS Mint No CCA - Pending

CL Finance (Morgan Stanley) No CCA - In Court:eek:

HSBC - No CCA - In Court:eek:

Link Financial (MBNA) No CCA - Pending

Link to post
Share on other sites

Hi Like ZW said they appear to have lost the plot completly!:lol:

 

They never had script for the plot in the first place:rolleyes:

 

Hi Zasen warrior!

Thay say it is their final say on matter but do you think i should write them another letter saying it is just an application form this time?

 

IMHO, I would wait for their next move. If you do feel the need to write to them.. advise that you wont be communicating with them further until they have investigated the non compliance of your request by Capital One.

 

It is all too easy to fall into the trap of responding to each and everyone of their stupid template letters. It stresses you out and you are then liable to make errors that would play right into their hands.

  • Haha 1

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Having said that I too would save the stamp

 

I can't remember who it was, but a member on the threads did mention that she has on occasion 'forgotten' to pop a stamp on her post to the banks, and that she may also have 'accidentally' marked it 'payment enclosed' which may have made them more likely to open it...

 

All as a genuine mistake of course:D

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

Why bother corresponing with the idiots. You have made yourself clear. They know what they have sent is useless. Our poor posties are busy enough without having to deliver more junk mail to and from these cretins.

  • Haha 1

Link to post
Share on other sites

They never had script for the plot in the first place:rolleyes:

 

 

 

IMHO, I would wait for their next move. If you do feel the need to write to them.. advise that you wont be communicating with them further until they have investigated the non compliance of your request by Capital One.

 

It is all too easy to fall into the trap of responding to each and everyone of their stupid template letters. It stresses you out and you are then liable to make errors that would play right into their hands.

Hi CitizenB and Zasen Warrior!

Thanks for advice! and moral support and not making me feel alone in my battle with crapital one! I am very grateful to you both! I do tend to be a bit of a worrier ! So hope you dont think me to much of a pain!:)You have both been brilliant! Thanks again!:-)

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Link to post
Share on other sites

Dear Sirs

 

FINAL RESPONSE

 

I refer to your letter of ******* the content of which is noted.

 

Capital One remain in default of my formal request pursuant to s.77/78 of the Consumer Credit Act 1974, which was made on *******

 

In the circumstances, I am unable to enter into any further correspondence with you.

 

Kind Regards

 

 

Having said that I too would save the stamp, but if you find it therapeutic to respond - I know that feeling too! - less is more :)

Hi Zasen Warrior!

Yes i will drop them this final letter you suggested saying it is also my final word and make point by adding that they are not original agreemt and terms and conditions!to show them that there is no chance that i have been taken in by their mutilated application form!and then leave it at that for time being unless they threaten court action or pass my account to another DCA.:-)As you say less is more and it does get ridiculous when i keep constantly visiting post office to send these letters that they dont seem to read properly!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Link to post
Share on other sites

Why bother corresponing with the idiots. You have made yourself clear. They know what they have sent is useless. Our poor posties are busy enough without having to deliver more junk mail to and from these cretins.

Hi ODC!Thanks for cheering me up and helping to get my worries into more perspective! with your hilarious observations on crapital One!in all your threads you subscribe too!:grin: Yes you are right i think it does get into a rather ridiculous situation when i am constantly spending all my tea breaks at work queing up in post office to answer latest junk from these banks knowing they are not even going to be read them properly! I think the rate im going i will soon be on first name terms with all the post office counter staff!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Link to post
Share on other sites

hello all

further to my posts on cap1 today received letter from shrewsbury county court. dated12/12/08 basically says nothing and enclosed is copy of my letter dated 23/11/08 to capquest pointing out their responsibilities under the cca. this is the letter which made them go through their internal complaints procedure.

the letter state Dear sopwith capital one bank europe CASE NUMBER

unknown Please quote your case number and return to court.

ive rang the court they cant/wont give me any info however it appears to have been faxed to them on 09/12/08 if i recall i got a letter from c/q dated the 9th stating that their internal procedure was concluded and the usual rubbush thereasfter.

me thinks that this has been sent from c/q to a contact in the c/c claims section to have a peruse of.

there are 2 rreceived stamps on the letter 26th nov and 27th nov plus a fax time date and stamp. 9/12/2008 15.32

when i mentioned this to the court officer i also mention the page annotaion and she new what it meant.

am i being paranoid about this or is my natural sceptisism and distrust of dcas letting my mind wander a bit too far.

the court officer simply told me to ignore it or send it back with a covering letter.

all advice and views appreciated.

regards

sopwith

Edited by 23sopwith
spellings rubbish
Link to post
Share on other sites

I don't know of any reason why they would want to send a copy of your complaint to court. It benefits them nothing and the court obviously think so too because it has nothing to do with the court so they have passed it on to you. I would ignore it. No need to be paranoid about DCAs. Most of the time they don't know what day it is.

Link to post
Share on other sites

Due to an unexpected drop in income, I was unable to pay my Capital One credit card account monthly payment in full from 2005. Since then I made arrangements to pay a reduced amount each month, which is reviewed every 6 months. The arrangement is due for renewal again, and they have decided to threaten me with default and blamed the Government for the legislation. I contacted my MP and found this to be a lie. Has anyone else had this problem and can advise me how to respond to them. I do not want a default on my file. Thanks

Link to post
Share on other sites

Just a quick question, I've been locked in dispute with this lot since May trying to set up a lower payment plan, did they 'force' you to provide wage slips, bank statements etc etc before they would accept a payment plan? My OH is now jobless and they are getting £100 a month and their

still not satisfied.

 

Cant honestly see how you can prevent they defaulting you, they did me at the first opportunity even if its questionable.

Link to post
Share on other sites

Hi, yes I had to provide copies of 2 months bank statements and pay slips, together with their expenditure/income form. To be honest before this threat of default, they were fine with me, I was honest and paid what I could (I want to get the debt cleared as quickly as possible). Every time I received a payrise, I proportionatly increased my payments to them. The default threat is therefore a complete surprise - I guess like all the banks, they are in trouble and are trying to reclaim as much debt as possible. Good luck with your OH getting a job, tell them to keep trying and they will get there in the end!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...