Jump to content


  • Tweets

  • Posts

    • We purchased our Mercedes in September 2023 from Doves in Horsham for £21000, paying half cash and half on finance. We also purchased warranty for life via Ramp as recommended by Doves. On 12th May 2024 the car failed to recognise the key and wouldn’t not open, the AA could not identify the problem so via our warranty the car was taken to Mercedes in Croydon. After 3 weeks the problem was finally identified as water ingress in the drivers side footwell which has corroded and blown various components. After further investigation it was discovered the windscreen was date stamped 2019 (all the windows are 2018 - therefore not the factory fitted windscreen) The leak has developed due to incorrect sealant being used assuming when this was replaced and also water leaking from the seam. The warranty company do not cover water ingress so we are now faced with a bill of £3635. As we are now at 8 months since purchase (problem started at just over 7 months) we are not covered by the consumer rights acts. Would we be covered Sale of Goods Act? We have all the reports for the works being completed but unsure if this should be taken to the finance company or Doves who we purchased the car from. Do we pay for the works and then try and claim it back or should they be paying? Any help would be much appreciated
    • im also wondering if back billing applies here too . from looking at like threads around this SSE to ovo compulsory switch, it must be evidenced by the claimant that bills were regularly issued for the period of the supply the debt they claim covers. there are no threads here that show they could ever produce them, so back billing rules (12mts) might also play a part.
    • Vodafone have reported that they are having issues with their Credit File APIs into the Credit Reference Agencies where aged accounts over 6 years are being readded to Credit Files. In some instances, people are having defaults rescinded and changed to late payment status making the account live again!    --- Have you been affected? Please keep an eye out on your credit file for any  new Vodafone Account appearing where there shouldnt be any reason. If you are a Vodafone Customer - Check that the information is correct. check for Late Payments and Defaults.    Don't forget to consider the financial impacts this could have on you.  ---   If you are struggling - Post below and we can guide you to get the result you need!    Its been reported that Experian and TransUnion seem to be where these appear.  They are able to remove the information relatively quickly and it will reflect on next Credit File Refresh.         
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 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
      • 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 4424 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, don't know what happened there. It could have been because your new post was coming on at the same time.

 

Was about to say I would have brought the cheese, pate, french bread, crisps, etc. for the picnic.

 

Just seen your Ellie letter - just the same as on so many other capone posts. I don't have an Ellie letter - maybe you should all compare the signature?

 

I do have the signature box for my "agreement" though and my capone authorisation signature is exactly the same as everyone else's - slightly different angle to some. Did this person who signed the agreements actually sign them at all, or did some legal?:) people just stamp it on? Nothing would surprise me with this lot.

 

I wonder - has anyone who received a letter from Ellie ever called Capone and got through to her on the telephone? Maybe you or Beachy could give her a ring tomorrow? If I ever get a letter I'll certainly give her a bell.

 

DD

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

Sorry, don't know what happened there. It could have been because your new post was coming on at the same time.

 

Was about to say I would have brought the cheese, pate, french bread, crisps, etc. for the picnic.

 

Just seen your Ellie letter - just the same as on so many other capone posts. I don't have an Ellie letter - maybe you should all compare the signature?

 

I do have the signature box for my "agreement" though and my capone authorisation signature is exactly the same as everyone else's - slightly different angle to some. Did this person who signed the agreements actually sign them at all, or did some legal?:) people just stamp it on? Nothing would surprise me with this lot.

 

I wonder - has anyone who received a letter from Ellie ever called Capone and got through to her on the telephone? Maybe you or Beachy could give her a ring tomorrow? If I ever get a letter I'll certainly give her a bell.

 

DD

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

Hi David!

so you got the same letter! She dosent seem very keen on me comeing up to Nottingham to visit her to look at my original! Shame i was getting ready for a day out to see Nottingham!: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

Sorry, don't know what happened there. It could have been because your new post was coming on at the same time.

 

Was about to say I would have brought the cheese, pate, french bread, crisps, etc. for the picnic.

 

Just seen your Ellie letter - just the same as on so many other capone posts. I don't have an Ellie letter - maybe you should all compare the signature?

 

I do have the signature box for my "agreement" though and my capone authorisation signature is exactly the same as everyone else's - slightly different angle to some. Did this person who signed the agreements actually sign them at all, or did some legal?:) people just stamp it on? Nothing would surprise me with this lot.

 

I wonder - has anyone who received a letter from Ellie ever called Capone and got through to her on the telephone? Maybe you or Beachy could give her a ring tomorrow? If I ever get a letter I'll certainly give her a bell.

 

DD

Hi DD

Yes dosent look like we will be going on that picnic!:(Yes there is a rumour that Ellie Renshaw this bogey womanwhose name is supposed to instill terror in all us Crap One victims 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

Poor DD! You have been left out not getting a famous ellie 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

Apologies for double posting. I have had this on almost everything I have posted over the past few days! Don't know why!!

 

DD

Hi DD

Dont worry ive done that before as well!c I think sometimes the internet connection get a bit slow and sluggish and end up clicking to many times to get post through!

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

im not sure whether to reply to this letter or not! suppose i could write back and say that i am still waiting for an invite to come and view original! so matter can be resolved!: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

What a horrible interest rate table.

 

I will confine the important comments to the lines which show a 16.9%APR. I have not done the calculations on the other lines because the balance transfer transactions and cash withdrawal transactions attract a fee which must be shown in the %APR and the calculations are complicated and tedious. The %APR is not a prescribed term so it is a bit of a red herring.

 

If the monthly rate is indeed 1.31% this is an actual rate of 16.9036% p.a. so the %APR is correct ther being no other charges other than interest - the %APR is the annual rate rounded to one decimal place. Similarly if the annual rate is 16.87 this can also be rounded to 16.9%APR

 

(Note that the %APR is not 'the interest rate to be charged' and therefore not a prescribed term . It is not accurate enough because of this rounding and in any case as amply demonstrated here must also express all charges as well as interest. Where there is a charge for a balance transfer (usually 3% with CAP1) this charge has to be included in the %APR which will then be higher than the annual rate, So a balance transfer which has a rate to be charged of 0% will have a positive %APR in this case 13.9%. Similarly the %APRs for cash withdrawals will contain a fee which varies across the table so the %APRs vary).

 

The prescribed term 'is the interest rate to be charged' They say that this is 1.31% monthly or 16.87% annually. But 1.31% annualy is 16.903% annually. Alternatively 16.87% is 1.3075% monthly. In other words a prescribed term has not been given accurately.

 

They are trying to say that table was on the back of the agreement (or whatever) and is therefore part of the agreement. They are claiming that the prescribed term 'the interest rate to be charged' is shown in that table. Clearly that is not the case. These bits of paper do not constutute an enforceable agreement and will not stand up in court.

  • Haha 1
Link to post
Share on other sites

Apologies for double posting. I have had this on almost everything I have posted over the past few days! Don't know why!!

 

DD

 

 

Its the site.

 

It is always telling me i have doulbe posted even if i had only just clicked the post button i did report this to 42man but it seems not to have stopped.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

What a horrible interest rate table.

 

I will confine the important comments to the lines which show a 16.9%APR. I have not done the calculations on the other lines because the balance transfer transactions and cash withdrawal transactions attract a fee which must be shown in the %APR and the calculations are complicated and tedious. The %APR is not a prescribed term so it is a bit of a red herring.

 

If the monthly rate is indeed 1.31% this is an actual rate of 16.9036% p.a. so the %APR is correct ther being no other charges other than interest - the %APR is the annual rate rounded to one decimal place. Similarly if the annual rate is 16.87 this can also be rounded to 16.9%APR

 

(Note that the %APR is not 'the interest rate to be charged' and therefore not a prescribed term . It is not accurate enough because of this rounding and in any case as amply demonstrated here must also express all charges as well as interest. Where there is a charge for a balance transfer (usually 3% with CAP1) this charge has to be included in the %APR which will then be higher than the annual rate, So a balance transfer which has a rate to be charged of 0% will have a positive %APR in this case 13.9%. Similarly the %APRs for cash withdrawals will contain a fee which varies across the table so the %APRs vary).

 

The prescribed term 'is the interest rate to be charged' They say that this is 1.31% monthly or 16.87% annually. But 1.31% annualy is 16.903% annually. Alternatively 16.87% is 1.3075% monthly. In other words a prescribed term has not been given accurately.

 

They are trying to say that table was on the back of the agreement (or whatever) and is therefore part of the agreement. They are claiming that the prescribed term 'the interest rate to be charged' is shown in that table. Clearly that is not the case. These bits of paper do not constutute an enforceable agreement and will not stand up in court.

Hi Pelham!

Thanks for looking at my agreement and finding their sums dont add up and that i can claim that their table does not reflect correct prescribed terms!:DAnother little thing to throw at them in my next letter! As old Ellie wants me to be to be more specific! in why i dont think the prescribed terms are there!: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

I have a Capital One Agreement and I am now in default and have stopped paying even the minimum. I get calls all day and have sent a harassment letter - to no avail. Has anyone proved one of these agreements to be unenforcable ? There are companiers advertising to clear credit card debts even solicitors offering their services. We read that many CCas are unenforcable but to my kmowledge no-one has proved this yet. Has anyone any proof that these agreements - or any of them - Egg, Halifax, First Direct or MBNA for example to be unenforcable ? I would pay a lot for this information.well, quite a lot.

Link to post
Share on other sites

I have a Capital One Agreement and I am now in default and have stopped paying even the minimum. I get calls all day and have sent a harassment letter - to no avail. Has anyone proved one of these agreements to be unenforcable ? There are companiers advertising to clear credit card debts even solicitors offering their services. We read that many CCas are unenforcable but to my kmowledge no-one has proved this yet. Has anyone any proof that these agreements - or any of them - Egg, Halifax, First Direct or MBNA for example to be unenforcable ? I would pay a lot for this information.well, quite a lot.

 

I'm not sure what you mean with this? There are countless threads on here with people recounting how banks have folded after being faced with unenforceable agreements, either straight away or when it gets to court.

 

You only have to read the CCA1974 and relate it to the agreement you are looking at to see if it is enforceable or not. If it doesn't have what it should have then it is not enforceable - that's your proof. Whether or not the banks accept it is a different matter, but if it's not an enforceable agreement it's not an enforceable agreement, whatever they say.

 

Sorry if I've mis-understood your question:confused:, but the proof that there are tons of dodgy agreements is all over these threads.

 

HTH

 

Lexis:)

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

I have a Capital One Agreement and I am now in default and have stopped paying even the minimum. I get calls all day and have sent a harassment letter - to no avail. Has anyone proved one of these agreements to be unenforcable ? There are companiers advertising to clear credit card debts even solicitors offering their services. We read that many CCas are unenforcable but to my kmowledge no-one has proved this yet. Has anyone any proof that these agreements - or any of them - Egg, Halifax, First Direct or MBNA for example to be unenforcable ? I would pay a lot for this information.well, quite a lot.

 

Instead of investing money in a company to look into your agreements.. invest TIME in reading the CCA1974 and then look at your agreement in that context, by all means ask people opinions on your agreements but knowledge is power so they say :D and the more you can help yourself the better

Link to post
Share on other sites

Hi

 

I would like to read the act myself to be honest and was wondering if the link I have here http://www.opsi.gov.uk/acts/acts2006/pdf/ukpga_20060014_en.pdf

 

is correct for me seeing as all my related accounts are pre 2004?

 

Thanks for your advice.

 

Nope you want the 1974 version.... I've seen it a few times in different threads on this board, I have a local copy on my pc but thats not going to help you I realise :Cry:

Link to post
Share on other sites

Sorry to trouble you again about this I took a look at the web link you gave and typed in the consumer credit act 1974 and got a few results but I am not sure which one I should read is it this one?

Results within legislation - Statute Law Database

 

I dont think it is as the warning at the top mentions Update status warning.

 

A link to the one I want would be great :p

 

Thanks

Link to post
Share on other sites

You also need to look at CCA 1983 regulations.Ther were also regulations in 2004 but these do not change your legal position. Reading the statutes is very hard going but the more you research your problem the better..

  • Haha 1
Link to post
Share on other sites

I'm not sure what you mean with this? There are countless threads on here with people recounting how banks have folded after being faced with unenforceable agreements, either straight away or when it gets to court.

 

You only have to read the CCA1974 and relate it to the agreement you are looking at to see if it is enforceable or not. If it doesn't have what it should have then it is not enforceable - that's your proof. Whether or not the banks accept it is a different matter, but if it's not an enforceable agreement it's not an enforceable agreement, whatever they say.

 

Sorry if I've mis-understood your question:confused:, but the proof that there are tons of dodgy agreements is all over these threads.

 

HTH

 

Lexis:)

Hi Lexis!

Yesi think the most common situation . that arises in a lot of these cases is that the court petitions get put aside when the crediter is compelled to bring the original to court !:DThe DCA realises that they been rumbled and that they dont have an original copy or the copy they have have is unenforceable or been fudged up they just give up! and realise it is futile to go on!:DEventually the DCAs and bank have to give up and the Debt becomes statue barrred after six years!:DUnless a the debter decides to take the step of initiating court action themselves and getting the cca declared unenforceable.Just hope that any DCA who tries to get a CCJ or other legal sanction against someone when they have no CCA or a dodgy unenforceable one that the victim makes sure that they get legal costs awarded against DCA so it hits them hard everytime they try to harass a debter through legal action!: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

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

Hi Pinky!

I get that impression too!I have had several Ellie Renshaw letters and most of them almost completly identical! Like they just pushed a button in a machine! Though a slight variation asking me to clarify about missing prescribed terms!

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

The 1983 Regs do not seem to be readily available without the amendments made by the 2004 Regs - which is a pain as it is the pre-2004 version that applies to all agreements made before 31 May 2005 (ie the overwhelming majority of them).

 

The version of the 1974 Act on the SLD does include all of the amendments other than those by the 2006 Act - that is why the Update Status Warning is there, because they have not yet consolidated the 2006 amendments into the text but it is also why it is incredibly useful for these purposes.

Link to post
Share on other sites

scan0001-6.jpg?t=1233183402

On the last letter i sent Crap one i stated that there were no prescribed terms but now Ellie Renshaw says in above letter that she wants be to state in what way they fail to provide the correct prescribed terms as i was a little confused when i wote that letter as Pelham now says that on running accounts they only have to provide interest rates and not state definite set amounts of money to clear specified sums of money,However due to him going through and doing those sums now it looks like those prescribed terms can be challenged as not being correct!:DBut any idea how i can phrase this in a reply letter to Crapital one?

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

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...