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    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
    • Sorry, I haven't ever seen one of these agreements. Read it all and look out for anything that says when she can withdraw and when she is committed to go ahead. If it isn't clear she may need to call the housing provider and simply say what you posted here, she doesn't want to go ahead and how does she withdraw her swap application?
    • Thank you! Your head is like a power bank of knowledge.  Her health issues are short term, due to a relationship breakdown she took it pretty hard and has been signed off work on medication for 3 months. She only started her job in February 24 so does not qualify for any occupational sick benefits, which is where the ssp only comes in. (You will see me posting a few things over the coming days, whilst I try and sort some things for her)  I sat with her last night relaying all this back and she does want to work out a plan, she was ready to propose £100 for the next 3 months and then an additional £70 per month onto of her contractual to "catch up" but Money247 rejecting the payment holiday and demanding £200 thew her, which is why I came on here.   
    • I've looked at your case specifically more.   Term 8bii reads " when, in accordance with instructions from the Customer or the Consignee, the Consignment is left in a safe place" Their terms choose to not define safe, so they are put to proof that the location is safe. If your property opens onto a street its a simple thing of putting a google earth image and pointing out that its not a safe place
    • New rules and higher rates resulted in a jump in the number of savers opening accounts at the start of this year's Isa season.View the full article
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      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.

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    • 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
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Elsinore v Capital One **WON**


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Capquest, demanding balance of £57 on pain of court action, bankruptcy, arrest, imprisonment, death and worse, told to take a running jump.

 

:lol: Did you get it hand delivered by a courier as well from Capquest, seems to be how they usually work?!

 

Great stuff :)

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Did you get it hand delivered by a courier as well from Capquest, seems to be how they usually work?!

 

 

No, it came snailmail in the usual perfumed envelope!!:)

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Letter sent to Capquest on Monday

 

Capquest Debt Recovery Ltd

 

Fleet27

Rye Close

Fleet Hampshire

GU51 2QQ

 

Dear Sirs

Re: Capital One Bank Ltd

 

 

Your letter dated 30th June 2006, was received by me on Friday 7th July 2006. This means that it was impossible for me to comply with your request to contact you by 6th July 2006!

 

Please note that I do not acknowledge any debt to your company.

 

I now require you to supply me with the following:-

 

  • A true copy of any alleged agreement between me and Capital One Bank Ltd. You are obliged to supply a copy of any such agreement under the legislation contained within s.78(1) Consumer Credit Act 1974 (s.77(1) for fixed sum credit).
  • A detailed statement of account showing a complete list of transactions and charges relating to the alleged debt since inception of the alleged agreement. This includes the term prior to your acquisition of the alleged debt. You are obliged to supply this information under the same legislation noted above.
  • A signed true copy of any deed of assignment relating to the above alleged agreement. You are notified that you are obliged to supply this document, whether you are the original creditor or not, under s.189 of the Consumer Credit Act.

The statutory fee for the provision of the above information is £1 for which I enclose a postal order.

 

As you will be aware, any credit agreement, which is not properly documented and signed by the customer, is totally unenforceable under the Consumer Credit Act and is therefore a complete defence to any court claim issued. Any legal action you may contemplate will be vigorously defended and contested.

 

You have until 28th July 2006 to comply with the above requirements, failing which you will be in default. Furthermore, if you have failed to respond fully after one month you will have committed an offence and will be reported to Trading Standards and The Financial Services Authority.

 

Finally, your letter dated 30th June 2006 was inaccurate, intimidatory, offensive and lacking in both grammar and syntax.

 

Yours faithfully

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Good stuff Els, stick it to em :)

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Polite reply received today from Capquest. Account on hold for 28 days while they obtain info requested. Asked me to forward any proof of payments or correspondence that would assist them with my query!! Cheek!!

 

Elsinore

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  • 4 weeks later...
  • 3 weeks later...

Acknowledgement received from Cap1:-

 

Dear Elsinore,

 

Thank you for writing to us about the fees we've added to your account.

 

It's going to take us a little while to look into your situation and come back with a detailed response. We'll do everything we can to get an answer to you within four weeks of this letter.

 

If for some reason our investigations take longer than four weeks we'll contact you again to tell you why this is.

 

Thank you very much for being patient while we collect the information we need.

 

Love

Robert Udy

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lol - I'm guessing they're basing the 4 weeks on the established letter - two weeks - letter - two weeks proceedure we run here ;)

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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They just don't get it, reload, do they. They no longer set the agenda, but they still think they do. Or they do get it, but they don't know any other way to deal with it!

I actually feel a bit sorry for the foot soldiers, expected to carry out the orders of the bumbling generals.

 

Elsinore

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Offer received today for difference between £20 and £12, total amount offered £185.00 Also refusal to remove default.

Sending reply accepting offer as partial settlement only and confirming continued action.

 

Elsinore

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Sent today:

 

Capital One Bank (Europe) plc

P O Box 5283

Nottingham

NG2 3YG

 

12th September 2006

 

Dear Sir,

 

Your Ref XXXXX

Account No XXXXX

 

I have today received your letter dated 7th September 2006 proposing a refund of charges totalling £185.

 

Your offer is accepted only as partial settlement of my claimed amount of £615.05.

 

You should by now have received my Letter Before Action dated 11th September 2006. The requests contained in that letter hold good and I confirm that you have until 27th September 2006 to reconsider your decision.

 

Furthermore I do not accept your refusal to remove the default placed with the Credit Reference Agencies. Without the application of your unlawful charges the default would not have occurred. The claim which I shall enter into the County Court will, therefore, call for removal of that default.

 

Finally, the crediting of the above account with refunds over and above the sum of £58.93 is unacceptable. The sum of £559.12 should be remitted to me by cheque.

 

You are reminded that, once the claim reaches court, it will be attracting interest as well as costs, inevitably increasing the sum due to me and liable to yourselves.

 

Yours faithfully

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  • 2 weeks later...

Received this today (words in bold are as their letter):-

 

Dear Elsinore,

 

I am writing to advise you that your account is no longer being managed by the Debt Collection Agency who were acting on behalf of capital One.

 

Your account has now been returned to Capital One. It is important that you continue to make payments to your account. Payments should be made directly to Capital One unless otherwise notified. You can make payments directly to us by the following methods:-

 

(list of methods)

 

If your account is being managed by an authorised third party (e.g. relative, Debt Management Company) please ensure that you update them with this information and show them this letter.

 

If you have any other queries please call our Specialist Account Managers on 0800 422 0263.

 

We are open 9am to 7pm Monday to Friday, Saturday and Sunday 9am to 1pm.

 

Yours sincerely,

Greg Pye

Vice President, UK Risk Operations.

 

It's not particularly important, except that it rids me of Capquest.

But something about it smacks of compliance.

Anyone else had a similar letter?

 

Elsinore

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  • 2 weeks later...

Good stuff :)

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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  • 3 weeks later...

Yes, but it will be a hollow victory. If they discover their mistake they will apply for a setaside, with some lame excuse. They would probably get it, but it would help them if I don't object. However, they will have to agree to pay up for me to not object!:)

 

Anyway, they'll probably slide an acknowledgement under the door at the last minute.

 

Elsinore

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Two letters received on Wednesday:-

 

1. Notification from court that Cap 1 have acknowledged and intend to defend claim in full

2. Letter from Cap 1 offering full amount of £821.47 without admssion of liability

 

Acceptance letter signed and sent yesterday (Wednesday):D

 

As soon as cheque is banked I will

1. notify court

2. notify mods

3. make a donation (with the greatest of pleasure!)

 

Elsinore

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