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    • Hi everyone, Apologies for bringing up the same topic regarding these individuals. I wish I had found this forum earlier, as I've seen very similar cases. However, I need your help in figuring out what to do next because we've involved our partners/resellers. I work as an IT Manager in a company outside of the UK. We acquired a license from a certified reseller (along with a support agreement) and also obtained training sessions from them. The issue arose when we needed to register two people for the training sessions, so we used an external laptop for the second user to keep up with the sessions for only a month. During this period, the laptop was solely used for the training sessions. After two weeks, my boss forwarded an email to me from Ms Vinces, stating that we are using illicit software from SolidWorks. Since this has never happened to me or anyone we know, I went into panic mode and had a meeting with her. During the meeting, we explained that we were using an external laptop solely for the training sessions and that the laptop had not been used within the company since her email. She informed us that for such cases, there are demos and special licenses (though our reseller did not mention these types of licenses when we made our initial purchase). She then mentioned that we had utilized products worth approximately €25k and presented us with two options: either pay the agreed value or acquire SolidWorks products. We expressed that the cost was too high, and our business couldn't support such expenses. I assured her that we would discuss the matter with the company board and get back to her. After the meeting, we contacted the company reseller from whom we purchased the license, explained the situation, and mentioned the use of an external laptop. They said they would speak to Maria and help mediate the situation. We hoped to significantly reduce the cost, perhaps to that of a 1-year professional license. Unfortunately, we were mistaken. The reseller mediated a value €2k less than what Maria had suggested (essentially, we would need to acquire two professional lifetime licenses and two years of support for a total of €23k). This amount is still beyond our means, but they insisted that the price was non-negotiable and wouldn't be reduced any further. The entire situation feels odd because she never provided us with addresses or other evidence (which I should have requested), and she's pressuring us to resolve the matter by the end of the month, with payment to be made through the reseller. This makes me feel as though the reseller is taking advantage of the situation to profit from it. Currently, we're trying to buy some time. We plan to meet with the reseller next week but are uncertain about how to proceed with them or whether we should respond to the mediator.
    • Thanks London  if I’ve read correctly the questionaire wants me to post his actual name on a public forum… is that correct.  I’ve only had a quick read so far
    • Plenty of success stories, also bear in mind not everyone updates the forum.  Overdale's want you to roll over and pay, without using your enshrined legal right to defend. make you wet yourself in fear that a solicitor will Take you to court, so you will pay up without question. Most people do just that,  but you are lucky that you have found this place and can help you put together a good defence. You should get reading on some other Capital One and Overdale's cases on the forum to get an idea of how it works.  
    • In both versions the three references to "your clients" near the end need to be changed to "you" or "your" as Alliance are not using solicitors, they have sent the LoC themselves. Personally I'd change "Dear ALLIANCE PARKING Litigation Dept" to "Dear Kev".  It would show you'd done your homework, looked up the company, and seen it's a pathetic one-man band rather than having any departments.  The PPCs love to pretend they have some official power and so you should be scared of them - showing you've sussed their sordid games and you're confident about fighting them undermines all this.  In fact that's the whole point of a snotty letter - to show you'd be big trouble for them if they did do court so better to drop you like a hot potato and go and pursue mugs who just give in instead. In the very, very, very, very unlikely case of Kev doing court, it'd be better that he didn't know in advance all the legal arguments you'd be using, so I'd heavily reduce the number of cards being played.
    • Thanx Londoneill get on to it this evening having a read around these forums I can’t seem to find many success stories using your methods. So how successful are these methods or am I just buying time for him  and a ccj will be inevitable in the end. Thanks another question is, will he have to appear at court..? I am not sure he has got it in him
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Are CapitalOne really this stupid?


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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,

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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,

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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 ;)

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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,

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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.

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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,

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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

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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,

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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

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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

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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.

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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.

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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.

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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,

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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,

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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,

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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
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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.

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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

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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.

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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!

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