Jump to content


  • Tweets

  • Posts

    • Thank-you @BankFodder, your statement is a correct understanding of my position and I agree, it is actually really what I was looking for in starting this thread, as I too believed that the maximum I could claim for is that which I sold it for, even though this was substantially below market value at the time. And so, this sold value is what I shall be claiming for + the other expenses. @dx100uk I get your point, but this is just not what I want to expose myself to. Unfortunately I was one of the unlucky ones to have my details stolen in the Peoples Energy hack, and in 2020 I discovered that those details had been used to take out car insurance, and that the insured was then involved in a collision and my details were dragged through the mud. Despite Aviva cancelling the claim and treating as though it never were, even though I have the letters from them to say that they have removed this claim from the insurance database, I still get refused insurance and credit products to this day until I send across the letter from Aviva which explains that I was a victim of fraud. So you'll forgive me for not jumping up and uploading my data to a server utility for which I have no control over its retention policy, or where the server is located globally, its legal jurisdiction, or its security protocols.
    • Speeding (Revised 2017) – Sentencing (sentencingcouncil.org.uk)  
    • upload sites dont retain copies and so what if they do... what do you think they are going to do, kidnap your grannies budgie or something..how the hell would any of the info required by us be of any use to them..... stop being paranoid and put them all in one mass multipage pdf.  
    • https://audicam.audi.co.uk/customer/6660055/00cc584e9769699ddba3807a2995032f/59022-13062024 Please let me know if you can access footage 
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 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

Just Recieved A Signed Capital One Agreement


sunflower99
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4423 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

Sorry if it's a daft question, but why only if it's greater than the balance?

 

Also, am I right in thinking that if they issued a default with arrears showing even though the account has been frozen then it's incorrect?

 

I've been on a payment plan for a couple of years now, and the account including interest/charges has been frozen since the beginning. However, in the DN they sent me they have listed the arrears as around 2 and a bit k! This can only be the minimums that I would have been paying had I not been on the plan, so how can they be arrears if I've been paying the amended amount and the account was frozen - surely no arrears should have built up?

 

Hope that's clear enough to understand:)

 

Lexis:)

 

ps - sorry for the hijack Sunflower:oops:

Hi Lexis1

Dont worry as i said i like to think my thread is somwhere people can ask what they like and get help and advice!Also any questions raised by other poeple are for the good of us all. and benefits all our knowledge.We are all in this together so i never regard someone asking a question about their own problem as a hijack!and see it as an opportunity for everyone on my thead including me to get more knowledge that will help us all in the long run!:)xx

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 1.5k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Morning Sunflower,

 

Think I have already mentioned this somewhere, in response to Debitarse threat-o-grams of court action, I made requests under CPR 31.6 for a TRUE copy of the agreement, both requests went without being acknowledged (let alone being provided) thank goodness it was done using recorded delivery !

 

UNITED WE STAND

 

Beachy

Hi Beachy !

yes it looks like they got nothing as they seem very reluctant to show us these documents which they seem so confident about in their threatograms!:grin:i am wondering if i ought to go down that route as well of asking them for a CPR31.16!: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

Certaimly it should be. However a fair number of judges in the small claims court do not know the law and even if they do they do not apply it in every case. If you read posts extensively on CAG you will find such cases - fortunately not many. The defendant then has to appeal which is a fairly daunting process. They would almost certainly win the appeal and this would reinforce the law and make it much more difficult for ignorant or arrogant judges to get it wrong.

 

Nevertheless in your shoes I would be saying to to Cap1 and MBNA. "You maintain that the documents you have sent me are copies of a properly executed agreement. I say they are not, The only way we can settle this is to ask a judge so please take me to court or 'shut up". The fact that these cases have not yet gone to court makes me think that these people are not at all certain that a court will find for them. Their inaction really makes your case.

Hi Pelham!

Thanks for clearing up my query and giving us all much help and advice on this thread! i will try and type some of that info from my Crap one alleged agrrement you asked for now!:)

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

2. Fiancial and Related Particulars. We will set and notify you of the credit limit(s)for your account.We may change your credit limit(s) at any time and will notify you of any change.Interest will be charged monthly for each statement period(being the period between monthly statement dates)on the average daily outstanding balance including all transactions and other charges debited to the account.There is a handling fee of 1.5% on cash withdrawels (minimum £2).For those charges in section 11 that are applied to your account,interest will be charged as if they were purchases.The interest rates and APRs are shown below:

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

scan0001-5-1.jpg?t=1233093423

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

i hope this is a help to you Pelham! Thanks again for your help !:)

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

Hi all when i was typing out fiancial and related particulars from my crap one alleged agreement it refers to term section 11!if you notice!There is no term 11!There are only sections 1 2 and 3!LOL ! Talk about bog paper agreements!

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

Hi Pelham!

I will type up rest of term this evening!Thanks again for help!:)

Edited by sunflower99

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

Hi BeachY

Though our front signed part of application form is identical! I think the page of terms and conditions that Crap One are implying are on back of yours are a little different from mine.when i was looking at yours yesterday.The words and percentage table are different i think.

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

Ellie Renshaw just flewdown on her broomstick!:eek:LOL I am honoured she answered my last letter! Told me to that they have complied and that they are confident they got an enforceable agreement blah blah!She told me to give a detailed explanation of what terms were missing and that she will invedigate the matter further!However she totally ignored my request to come over to their offices to view what they beleive to be a fully enforceable agreement!:DShe says inlast letteri asked to be provided with my credit agreement i did not i asked her for an appointment to look at it so i can verify they have a roperly executed original! they dont read their letters properly:mad: i will post it up tommorrow for peoples opinion and input!

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

There is very little to input - they are a wonder to behold. I got 2 letters in reply to my bog off letter - the first says we will defend if you take action against us (never even mentioned action) and the 2nd says we cannot respond to your request as the signature we have is different from the signature on your request (what request?? - they sent me the duff application form last April!). An ex CapOne employee wrote that they haven't a clue - when you write and they haven't a clue they just press button B and out comes any old template. I have filed accordingly - they are stark raving bonkers!!!:D

Link to post
Share on other sites

Hi DD, I know who you mean - Greg unpronouceable- dont hold your breathe waiting for a reply from this guy, dont think he can write, Ive sent so many letters (recorded) to him, all ignored, he then set P2C on me because Capone/Debitarse had 'lost contact' with me (ruddy cheek! :-x).

 

Sunflower a personal letter from the elusive Ellie, I have seen elsewhere on the forum that it is the general opinion that she does not even exist. :eek:

 

Beachy

Link to post
Share on other sites

Hi DD, I know who you mean - Greg unpronouceable- dont hold your breathe waiting for a reply from this guy, dont think he can write, Ive sent so many letters (recorded) to him, all ignored, he then set P2C on me because Capone/Debitarse had 'lost contact' with me (ruddy cheek! :-x).

 

Sunflower a personal letter from the elusive Ellie, I have seen elsewhere on the forum that it is the general opinion that she does not even exist. :eek:Beachy

 

Hi Beachy !

I heard that rumour too! That ellie Renshaw does not exist!: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

Hi Sunflower,

 

So that is your response!!!!!!!

 

Any ideas for the picnic?

 

I haven't had any response to my last two letters - one to capone, and the other to Greg unpronouceable!

 

DD

HI DD

Yes i got quite excited when i saw the Crap One letter envelope! waiting for me when i got home from work:DI said to my OH oooooooooooooh it must be my invite to Nottingham to look at my alleged agreeement.My hubby was looking forward to a nice day out at Nottingham as well! It would have worked out so well if they had sent me an invite as i got next week of as a holiday! So would have been quite nice to have a day out at Notthingham! and something different to do!I was going to invite you and Beachy over for day out as well! I was going to supply the wine and Beachy the pastries! 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

scan0003-1.jpg?t=1233180854

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

I managed to get that page which Crapital One is trying to alledge is in back of my application come up a bit clearer to save having to type it all out!

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

scan0004-1-1.jpg?t=1233182632[url=http://javascript:void(0)][/url] Edited by sunflower99

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

Ive got front bit of application form a little bigger than scan in earlier post of this alleged CCA so people can have a better idea what it looks like

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

scan0001-6.jpg?t=1233183402

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

scan0002-1.jpg?t=1233183646

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

Well

Hi DD! i actually got a reply! What a lovely letter!

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

Snap!!

Iv'e got one of these which really tells you nothing at all, (other than the fact they don't seem to want to send a proper copy!!)

 

I told them to shove off about a year ago with no ill effects so far.

 

David

Link to post
Share on other sites

she says clearly headed Credit Agreement! LOL well that is the wrong prescribed title under 1983 regulations for a correctly executed CCA agrement for a Credit CARD Agreement! LOL the correct title like i pointed out in my letter is CREDIT CARD agreement!

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

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...