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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      By unclebulgaria67 · Posted

      Found a BMA article related to this subject which I think the OP will find helpful. Patients recording consultations WWW.BMA.ORG.UK Our guidance answers if patients can record doctors without permission or covertly, how to respond when a patient asks to record their appointment and what to do if a covert recording is posted online.  
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      By HP Mum · Posted

      Ah - that was another thread that got merged back in 2018   That 'split' doesnt refer to this legal matter  
    • Seven77
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      By Seven77 · Posted

      Thanks dx for your kind words. I plan to renew my season ticket and write a new begging letter as following, can I ask for any suggestion about it?   Dear Investigator/Prosecutor,   Thank you for your reply. I deeply regret my actions and the inconvenience they have caused.   I’m extremely remorseful for my crime. and regret it everyday. I often ask myself ‘’how can I do that thing just because I felt it is interesting. There are a lot of crimes in the world, but feeling it’s interesting is certainly not a reason to crime. I should not crime with any reason.’’ I think about these things every day, and I understand that I can’t blame anyone but myself.   I thanks to the staff who stopped me, as this is a valuable lesson in my life. I told myself that I should never ever repeat such a thing again, and never ever do anything which is possible to be in breach of any law. As a result, I carefully tap my oyster card every time before I enter the station now. I remind myself that I did a wrong thing before, and I should never let it happen again.   Although my monthly travel expenses do not warrant a season ticket, but I just renew my season ticket (please see the attachment). I understand that a crime cannot be truly compensated for, but purchasing a season ticket offers me a small measure of comfort, knowing that my actions caused a loss to the public interest.   I received an email which ask me to negotiate being class teacher in this summer (please see the attachment). I hope that I could teach the lovely students again, which may not be allowed with a criminal record. I would please ask that you would please provide me a single opportunity to settle all outstanding sums owed outside of court without the need for legal proceedings which would have a determinantal impact on my teaching career.   I sincerely apologise again for my crime. If you need anything further from me to help you please let me know.    Yours sincerely,
    • lookinforinfo
      NPE ANPR PCN - No Permit - Locton Estate, London, E3 2LP

      By lookinforinfo · Posted

      You did what??? You asked them to send you the documents that without them you had  a 100% ironclad win in Court. Why on earth would you do that? As it happens in this case, there is still enough mistakes in their PCNs and the NTH to have your case cancelled. Amd it may be that not sending those documents in the first place along with the ICO complaint and the letters from Alliance themselves which would confirm by the dates on the letters may be enough to cancel it anyway. I hope you have kept their letters as evidence? The chances are that Alliance will not actually take you to Court because of their errors but you never know.  You have made so much extra work for yourself in your WS if they decide to push their luck.though. Can you please post up their letter where they give the reason why I wasn't sent with the NTH.
    • BankFodder
      Recording audio in health conversations

      By BankFodder · Posted

      I'm not sure that I fully agree with my site team colleague above.  My understanding is that there is nothing to stop you recording but it is strictly for your own personal use.   

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Hadituptohere Oh V Capital One ***WON***

Hadituptohere

By Hadituptohere
in Capital One

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Hadituptohere

Hadituptohere

Posted
Posted

Hi Guys

 

Whilst waiting for my other responce's to my SAR's ive decided to help my OH with her claim against Cap One for unlawful charges, we've had a responce to her SAR but only recieved statements and not copies of CCA etc, so letter going out today reminding them of what we asked for.

Looking at the statements theres around 400.00 in charges applied to this account, im about to use the spredsheet to calculate the interest but unsure as to what APR to put in after looking at STEVEN4064's claim against Goldfish, looking at the OH's statement's the interest on there is 26.230% going back to Feb 08,

Any ideas or advise thanks

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Dibsthefrenchie

Dibsthefrenchie

Posted
Posted

I have just sent a claim to Capital One and also struggled to find the correct APR, difficult without an agreement! The APR on mine worked out at 26.48% on charges of just over £700, the total interest claim seemed quite large, but it goes back to 2001.

Don't know if i'm coming or going!

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Hadituptohere

Hadituptohere

Posted
  • Author
Posted

my OH card started back in 2001 too but the 26.230% only goes as far back as Feb 08, so I take it you have claimed the 26.48% right back to 2001?

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Dibsthefrenchie

Dibsthefrenchie

Posted
Posted

I have claimed 26.48% back to 2001. I intended to go down the route of no CCA, the account has been sold to Capquest, who are not the easiest people to deal with, but they kindly provided statements and t&c's which are dated 2004, so have decided to go for the charges instead.

I am told that the 2004 t&c's are relevant to my account from 2001, not convinced on that, but looking at the interest rates given:-

Credit Limit £ Purchases

200 39%

500 31.2%

700 29.8%

1000 28.8%

1500 28.0%

2000 27.6%

 

the interest claimed is an average and lower than the actual starting rate in 2001.

 

Have you seen Steven's interest tutorial in The Bank Templates Library, he gives two interest calculators for credit cards,I used the simple spreadsheet, but there is an advanced spreadsheet.

Don't know if i'm coming or going!

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Hadituptohere

Hadituptohere

Posted
  • Author
Posted (edited)

I have used stevens spreadsheet but you still need to input the correct APR, I think the APR on the current statement should suffice for my notice to Reclaim Charges.

My OH's credit limit was only 600.00 and after inputing the APR at the recent rate shown works out at just over 800.00 so definatley worth doing

Thanks

 

Hadituptohere

Edited by Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Bigad123

Bigad123

Posted
Posted

Hi there,

 

Although still very new to all this I have had some advice on my thread re this matter.

 

The advice I received was that there are two schools of thought on the interest situation you are debating.

 

It was suggested to me to use the agreed 8% on your initial correspondance and when you have to file at court you use the % you were charged (may be called compunded !!)

 

I am early in my process vs Cap 1 credit cards and they seem to offer the difference between the £12 and your charges first.

 

Sorry I could not be more of an authority but trying to share what I have been advised..

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steven4064

steven4064

Posted
Posted

INterest calculations are always estimates at best. So long as it looks reasonable it should be OK IMHO.

 

Cap1 may be difficult but our experience is that they give in as soon as court is mentioned.

 

 

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  • 3 weeks later...
Hadituptohere

Hadituptohere

Posted
  • Author
Posted

Hi guys quick update, sent request for repayment charges on the 5/08/08...had no reply, sent LBA 19/08/08 but just recieved in the post today dated the 13/08/08 an offer to reduce the default sums to 12.00 each.

responce to settlement offer sent today rejecting offer.

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hadituptohere

Hadituptohere

Posted
  • Author
Posted

Hi guys recieved this today from Cap One

 

CCF28082008_00000.jpg

 

 

 

 

Guess its there usuall responce????

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hadituptohere

Hadituptohere

Posted
  • Author
Posted

Guess its time for the N1?

 

as im claiming compound interest is there a certain POC to use?

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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ukaviator

ukaviator

Posted
Posted

I used this one here, modify to suit:

 

 

Claimant has a Credit Card account xxxxxxxxxxxxxx with the Defendant opened on xx/xx/xxxx,conducted on their standard terms and conditions.Claimant is claiming the return of £xxx.xx taken by the Defendant in the form of overlimit and late payment charges. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law.They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests.The claimant claims interest from xx/xx/xxxx to xx/xx/xxxx of £xxx.xx at the Contractual Compounded rate of xx.x%. Total of £xxx.xx.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Hadituptohere

Hadituptohere

Posted
  • Author
Posted

Thanks UK, Ive borrowed steven's and ammended to suit but theres a section from the terms and conditions in use that are obviously Goldfishes terms, Cap One didnt send me any terms and conditions or a copy of the CCA so dont think Goldfish's will do, anyone any ideas?

Also do you have to include the brief poc within the same document or seperate?

 

hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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ukaviator

ukaviator

Posted
Posted

The POC i posted earlier is one i used about 18 months ago, and worked fine for me. However since then, a new POC has been written and is here:

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1191734.html

 

I would use this for your POC. . Don't forget to attach your schedule of charges to the N1.

  • Haha 1

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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  • 1 month later...
Hadituptohere

Hadituptohere

Posted
  • Author
Posted

Papers handed to the court today, only 65.00 cost (what a bargain) lol.

 

Hadituptohere :D

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hadituptohere

Hadituptohere

Posted
  • Author
Posted

Recieved papers from the court today, deemed as served on the 05/10/2008, cap one has till 20/10/2008 to reply

Cant wait....

 

Hadituptohere;)

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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  • 2 weeks later...
Hadituptohere

Hadituptohere

Posted
  • Author
Posted

Notice that Acknowledgement of Service Has Been Filed recieved today, Cap one intend to defend all the claim.

 

Is there anything I should be doing..?

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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  • 2 weeks later...
Hadituptohere

Hadituptohere

Posted
  • Author
Posted (edited)

Well its kind of good news as my OH has had an offer from cap one its somewhere near so were considering it but theres a few questions I have about there offer, heres it is

 

capitaloneoffer1.jpg

 

 

 

caponeoffer2.jpg

 

 

 

Firstly are ms Renshaws figures right??

and secondly my OH's card isnt 80.00 over her limit which makes me question this offer, I understand that is our decision as to accept or not.

Nearly forgot, the amont claimed was 879.27 with 65.00 fees

Thanks Guys

 

Hadituptohere

Edited by Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hadituptohere

Hadituptohere

Posted
  • Author
Posted

Sent a letter asking cap one to check the balance of the card, to prove the 70-80.00 overlimit amount and produce a statement otherwise we expect the full payment, aslo pointed out to them that unless we recieve the payment in full there will be no contact with the court informing them we have settled. Hope ive done the right thing??????

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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  • 2 weeks later...
Hadituptohere

Hadituptohere

Posted
  • Author
Posted (edited)

Recieved from the court today a notice that a defence has been filled and a AQ that has to be returned by the 17th Nov, weve banked the check and its just cleared today, but havent had a responce to our letter dated the 23rd Oct recieved by them on the 28th Oct regarding the dispute of the balance and their check being 70.00 short of their offer, what would you advise??

thanks

 

Hadituptohere

Edited by Hadituptohere
poor spelling

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hadituptohere

Hadituptohere

Posted
  • Author
Posted

Hi tof

 

I'd have been happy to sit back and bite the bullet as you say if we'd have recieved the amount offered and not allowing cap1's underhand way of reducing settlement fiqures, if you work it out the 70.00 shortfall of their offer is approx three and a half unlawfull charges and thats what has brought us to this point in the first place. The intial claim was for 1044.45 so I think settling for 799.71 is biting the bullet.

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hadituptohere

Hadituptohere

Posted
  • Author
Posted

Could do with some advise as the AQ has to be back by the 17th Nov, thanks guys

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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steven4064

steven4064

Posted
Posted
http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html but don't use the draft orders for directionsa from that thread use http://www.consumeractiongroup.co.uk/forum/bank-templates-library/147609-draft-order-directions-including.html
  • Haha 1

 

 

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Hadituptohere

Hadituptohere

Posted
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Posted

Thankyou once again steven

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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