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    • You're like, super helpful and unhelpful at the same time lol.   What do I search for, I searched form 4, and nothing, I searched claiming compensation and nothing about this.   I can't find the top squares logo.   Can you post a link or tell me what to search.   Sorry if I'm slow.
    • use our custom google search box  click our top squares logo it should appear on that page   dx
    • Apologies, I haven't used a forum for years!!   I defo wish to keep the 2 issues separate, sorry!   My only issue I need help with is the increased compo for marstons - if possible.   I don't know anything about claiming compo etc. (I only recently found out one of the NHS biggest costs are NDA payouts)   I don't know what form 4 is; so far, they've offered £250 and I haven't accepted or denied it.   So yeah, can you forward me to some more info?   Also, usually I'm good at google etc. but I can't find many stories on this stuff, regarding PCN/TFL etc.   Thanks again!
    • ok things are getting clearer...   I've merged 2 of your posts for clarity and removed the swearing, (behave please) I've also taken down the two images you posted should you wish to post things up please use PDF so we can zoom easily and don't forget to redect them read upload carefully.   I think you need to continue to keep the two thing sep. those being increased compo for marstons- if possible ( if you are raising a form 4? complaint through the court - it might be better you don't? - they are very hard to justify and can be costly - so the fact it might not be moving forward could be a good thing, but listen to others here too) and the issue of the PCN wasn't justified - which you need to further expand on please.   the more info you post up the better please but please use multipage PDF files only and carefully redact them    
    • Thanks for trying btw! It's kinda in 2 parts.   1 is that the PCN wasn't justified in the first place and I wasn't aware it had escalated. I received the initial fine from TFL which I challenged and heard nothing back from (for 5 months). Then another letter from a separate PCN which made me email TFL to inquire what was going on but again, heard nothing back.   (BTW I can see how confusing this is so thanks again for trying)   So, I had no idea my car was at the risk of being taken - that's the first part.   No 2. is:   I got a phone call saying my car was on the back of a truck round the corner from mine (they hadn't left any notices or anything, and the car was parked directly outside my house). My friend said they were attaching the straps and securing it to the van (so I think they got it on the back of the van and moved it before securing it).   When I ran round the corner I saw the EA's van. I went upto it and asked what was going on. He was rude and told me to go away. Then after I kept knocking he got out the van and was aggressive and refused to ID himself or tell me why he had my car.   He shouted at me, was rude and unprofessional, he then left with my car. I complained to Marstons and asked for the bodycam footage.   They gave me the footage but it was clearly edited and cut short (because in the beginning of the footage he was the most aggressive).   They then told me he wasn't required to have the camera turned on when he's in the van, only when he's 'actively pursuing a warrant' and I was only allowed the footage I was in. (which is 2 different things) So I asked them to clarify which is true.   Anyway, I reviewed the footage and sent in my complaint (talking about what happened in the footage) They replied and said they watched the footage and disagreed with everything I said.   So I wrote a more in depth response with the CIVEA code to reference + the TFL EA guide etc.    Then they asked for more time, called me and finally apologised and admitted he had acted untoward and was in the wrong.   They then offered me the goodwill payment.   This has taken up weeks of my time, caused me serious trauma and PTSD and even after I complained WITH video evidence, they still initially denied it which means they officially lied, on record, while representing TFL.   I told TFL what was happening they said I had to continue with Marstons etc.   £250 goodwill isn't enough, the car cost £800 to get out, the suspension is messed up and I'd like to claim compensation for everything.   I don't know if that makes me sound like i'm money grabbing or whatever but they shouldn't be allowed to get away with it.   The police had to come before they could call an ambulance cause I was having a panic attack and it was a HORRIBLE experience.    So any help would be great please    I have the whole file from Resolver in a ZIP file but it's a lot of writing and I think you've read enough of my writing to last a life time!   I did a statutory declaration of OOT, got it signed by the court etc. but it was rejected.   I then tried to take them to court but it cost £250 I think which I don't have. You can get it for free if your low income but they wanted bank statements that I couldn't get. They're waiting for me to reply with documents to get a free court date.    did you receive any of the pcn's - was that why you appealed? - Yes, sorry!   unless it's trying secure a greater level of compo from marstons? - Yes, sorry!   For the record I just saw this pop up, read it and now feel much less guilty about my enquiry!
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lexis200

Capital One card debt (CCA)

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Hi

 

I've been on a payment plan with Cap1 (among others) for over 18 months now. I've just had a letter from them telling me my plan is coming to an end (which I've had twice before as they reviewed 6 monthly), but this one is a bit different.

 

I've done my own payment plan for all my creditors, but now they're saying 'the type of plan you are on is no longer available'???? They are giving me the option of a short term repayment (6months to clear it or less), or long term (in which case it carries on for as long as I need, but they'll raise a default against me).

 

Now they've tried to say they have to see proof of any benefits, statements, wages slips if employed, and something else that I can't remember. I know they don't have any right to ask for this, and I'll tell them that when I reply. What I'm not sure of though, is on the I/E form they've asked for hubbies income. I don't see how this is applicable as we deal with things separately, and they're my debts not his.

 

Can they demand his details? Not that he actually has any income, but it's the principal of it. If anything, including his details will be worse for them!

 

I'm also going to CCA them, as if they haven't got anything of worth there I want to try and stop the default before it gets onto my credit record. I have no option but the 'long term' plan they're offering, but I'd rather not be penalised for it!

 

Thanks

 

lexis


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they can ask but you dont have to give, if the debt is in your name then it has nothing to do with a third party


PGH7447

 

 

Getting There Slowly

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Advice is given freely but is in no way meant to be taken as Gospel:-)

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wow, that was speedy, thanks:)


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thought I would try and beat 42Man:D for once


PGH7447

 

 

Getting There Slowly

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Advice is given freely but is in no way meant to be taken as Gospel:-)

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Hi,

 

Have a look at my thread 'Reduced Payment Arrangement'

I've had the same thing with this lot, I&E is all they're getting.

 

Rgds

Mac

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Hi

 

I received the following in response to my CCA request last month.

 

According to the covering letter, despite being on a payment plan I need to pay them about 2.5k by today (I got the letter yesterday:rolleyes:).

 

I know the stuff they've sent is unenforceable as it stands, but is it compliant according to the Act, as I think the prescribed terms are on there?

 

If anyone could give me a shove on how to respond I'd really appreciate it!

 

Thanks for any help...

 

Lexis:)

 

cap1.jpg - Image - Photobucket - Video and Image Hosting

cap2.jpg - Image - Photobucket - Video and Image Hosting

cap3.jpg - Image - Photobucket - Video and Image Hosting


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Hi Lexis.

 

I'm at work at present but from what I can see, that doesn't look enforceable. I will have a closer look when I get home.

 

Hang in there.

 

deedee


My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Thanks deedee:)


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Totally unenforceable IMO.

 

Although they state the terms are on the reverse, the terms they sent you wouldn't fit on the reverse.

 

When was the card taken out?

 

Jogs

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Hi Jogs

 

I think it was early 2004 (I'd have to check my statements), and I don't remember the form looking like that!

 

This is definitely a new agreement (£12 charges), and they actually state that they are current terms relating to the account, so they're not even attempting to cover that up:rolleyes:

 

Do you have any idea what they're like at keeping agreements? It just always seems odd to me when banks don't send the originals (well, the copy of it anyway) straight away - surely that would be the best thing for them to do??

 

Cheers

 

Lexis:)


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Hi Lexis,

 

I have never seen an 'enforceable' CCA from Capital One.

 

Although I am aware that Crapbot have won a few cases as the judge has had no idea about consumer law.

 

They have sent what you have requested in your original letter to them and need to send the 'If you think thats a CCA, take me to Court letter'

 

My PC crashed and I don't have it to hand, will have a look around.

 

Jogs

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Just an update

 

About to send a 'thanks for the pointless empty current application, now please can I see my real one' letter.

 

If that doesn't get me anywhere, I think I'll try S.A.R - (Subject Access Request)'ing them for it (not that I really want to spend the tenner doing that, as I don't have much at all in the way of charges. Yet:rolleyes:


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Hi Lexis.

 

Sorry for the delay in reply. I had a flurry of activity with my own Capital One case. :(

 

Your agreement is not enforcable. Please see here for more detail http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

 

I hope CCA 1974 also governs your agreement as you took out the card in 1999.

 

I hope this helps.

 

deedee


My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Thanks for that deedee

 

I was going to get off a letter asking to see an actual copy a few days ago, but personal circumstances have overridden that so it's on hold for a minute.

 

As they don't appear to be doing anything much at the moment regarding my payment plan (ie it's still going), I think I'll hold fire for a minute then get a letter off when we're a bit calmer at home - I'm not sure I could cope with another bank being an a**e at the moment!

 

The trouble is, I think at the moment they've pretty much complied with the request, even though it's not enforceable as it stands, so I don't want to kick off with them just yet as I'm sure that'll be trotted out the moment I mention anything's wrong.

 

Btw, you said 'I hope CCA 1974 also governs your agreement as you took out the card in 1999'. Is there something I've missed in my reading? I thought that everything was covered up until last year when it changed - or do I need to go reading up on something else too:confused:

 

Thanks again

 

Lexis:)


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Hi Lexis.

 

I just re-read your post and saw that you said that you took out your card in 2004. I think I was confused with the application form on your photobucket that showed 1999.

 

Please ignore that line. I wasn't trying to confuse you. :-)

 

deedee


My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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No worries, I'm easily confused:)


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I decided to let this hang for a bit as I didn't want to kick off with them, and didn't know what to put in the letter (meant to search but didn't have the time), but I've had a Default notice through the post and obviously if I can halt that I'd like to.

 

How should I proceed with this?

 

As far as I can see, what they've sent satisfies the remit for the CCA, but is completely unenforceable. If that's correct, does anyone have a good letter I can use to let them know (nothing I have quite fits, and I don't know how to word it properly for the best effect).

 

The Default was sent on the 23rd Oct, giving me 28 days to remedy (I know I've left it late - we've had a lot of personal issues that have overtaken recently). It was sent as they've changed the way their payment plans work, so they've taken me off the one I was on and put me on a 'long term plan', which apparently involves them defaulting me.

 

Is there any way I can use the current lack of an enforceable agreement to stop this for the time being (even though I think it satisfies the CCA request), or are they likely to carry on regardless?

 

Thanks

 

Lexis:)


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Hi Lexis,

 

As it stands the so called agreement in your first post is nothing more than current terms and conditions. I am pretty certain that it doesnt comply with the CCA request. At the very least t&cs from the period of the account's inception should have been sent.

 

I am not sure what Capital One are up to.. they can default you at any time they like, it doesnt need a change of payment plan or an act of god for them to do that. :-?

 

I suspect that now they have sent the default notice that is that, they wont take it back or remove any default they add to a CRA report. I wonder if their next move will be to pass the account on to a DCA. I simply dont know, I am sorry.

 

If you havent advised them that the document they sent you in the first post, isnt what you requested.. then I guess now is the time to do that. Are you paying them ?


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Hi CB

 

I thought it complied as it has the prescribed terms on it etc, and is just missing my details (which they're allowed to do?)

 

I suppose it may be possible to have the default removed if it turns out they have nothing...

 

Would you suggest just sending the standard 'not what I asked for' letter then? If so I can knock that up in a few minutes:D

 

I am still paying a small amount, but only because I was a) unsure about the compliance aspect and b)coz of all the personal stuff going on, I didn't want another fight just yet! However, as they've started with this default stuff I may as well now - it's not like they can default me again:rolleyes: Well they might try, but they'll be very naughty bunnies if they do!


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I hope someone with more experience comes along and gives their opinion for you. I cant see any prescribed terms... ??.

 

The t&cs are current and do not bear your signature, or even a signature box.

 

Yes, I would send the standard.. not what I asked for letter. See what they come up with. Dont forget to head up your letter Account in Dispute. :)


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

 

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

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Hi again CB

 

As far as I can see, the prescribed terms are the top three bits of info on the left (it's hard to see on the scan). They show Credit Limit, Monthly Payments and APR. There is a place for a signature on the right, but it looks to me like it relates to PPI, not the agreement.

 

It definitely is a current set of terms on there though - £12 charges and a different interest rate to the one I had.

 

I'm going to just go ahead and send the letter - after all, even if it does have the prescribed terms on it, it's still meant to be an identical (although not necessarily signed etc) copy to the one I would have signed in '04. This is plainly a later version, so I'm happy enough to play letter tennis for a while over that.

 

I've also just noticed the bit at the bottom of the page with the small print on it 'This document sets out the current terms of your agreement with us. This document includes information under the headlines 'APR...which do not necessarily reflect your current terms but were the case at the time your account was set up'. This isn't right, as the APR quoted is completely wrong.

 

The really odd thing though is that it seems to be a mis-match of an agreement - on one side they talk about transactions prior to and after May 2005, but on the other side they have £12 charges and 'we will send your card and pin'. Very strange.

 

I'm not going to obsess over it any more though. I'll get the letter out tomorrow (with a big red Formal Complaint, Account in Dispute header:)), then it's done!

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I'm watching with interest as this is excatly what they've sent me. No signatures, no date etc- just a copy of their current t&c's.

 

As far as I'm aware that does not satisfy the CCA request?

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Feel free to watch - I'm sending out the letter tomorrow, so I'll keep this updated with any response:)

 

They can send out an unsigned, essentially blank copy and it can still comply with the Act, but it must be a true copy of what you would have signed at the time, not a copy of a current agreement. But, just because it's a true copy doesn't make it enforceable - for that to happen they need to be able to supply you with a document that bears your signature, and the prescribed terms within the signature page, or if on more than one page the pages must be linkable in some way (ie ref. nos etc) - otherwise it could be your signature with any old terms slapped on the back.

 

It's all very confusing, which is why I've been umming and ahhing about doing anything, but now I'm going ahead anyway. If you have a look at the link in post 8 you should find quite a lot of info there to help you.

 

Lexis

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Excellent, thank you and good luck :)

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Ok, letter done and ready to go. I did amend the normal one slightly as I do think the terms are on there, however it still falls short on the signature box, being current rather than applying at the time of the account inception, and obviously being blank.

 

For what it's worth, I did include that while it's unenforceable they can't apply defaults etc, but I doubt it'll do anything. No harm in chancing my arm though!

 

Keep your fingers crossed for me

 

 

ps - thank you for the click SB100:):)


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