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    • Much appreciated for the ammendment. The snottier the better right!   What I am assuming is that this response is to be posted to Gladstones? However, I am seeing some users sending this as an email instead, which is a little confusing.  If we're happy with this response, what would you suggest is the best way to send it over to them (post/email), and is there anything additional I could include (if necessary)?  Thanks again! 
    • Hi I've read through other threads to better inform me of the process from here onwards. When I put in the MoneyClaim it gave me a claim number and it currently says to wait for the defendant to respond, they have until 7 August.   It seems their most likely action is to extend that a further 14 days to about 21 August - this hasn't happened yet, of course, as it is only 27 July but I'm anticipating that may be the case. when the expected defence action is taken by EVRi I will need to submit DQ with these responses A1 - no mediation B - my contact details C1 - yes to the small claims track D1 - No.  If No please state why.  I believe the defence will provide some rebuttal to the particulars of claim and so I need to include details as to why the claim requires a hearing.  Is there some certain templated text I can include here or will it vary depending on what the defendant comes back with? I see on the form it mentions the following: Relevant reasons include that there are factual disputes which will need the judge to hear from witnesses directly or the issues are so complex they need to be argued orally.  Hoping to reach out to see what may be the most effective statements for D1 reasoning. E1-5 are pretty straightforward. I want to get ahead of things and be ready to take the next step so I appreciate what advice you may have about the DQ.   Thanks!  
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    • Hi What they have asked in what you have highlighted isn't unusual at all as Councils have numerous different departments that deal with specific different areas within that council. So if what you are asking in your DSAR is say specific to Housing Benefit, Council Tax Benefit, Planning Permission etc then just let them know that specific area. On the other hand if you want every bit of DATA they hold on you then simply tell then ALL DATA they hold on you it's them up to then to go through all depts to check for it. 
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      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Capital One: in default of SAR


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Well, they will be if nothing drops through the door tomorrow.

 

I'm hoping to obtain copies of all communication sent to me from Capone, to show that they improperly served a default notice.

 

What action should I take if a huge wad of paperwork doesn't fall through my letterbox tomorrow; fire a letter reminding them they should have sent me all they have, or go straight down the complaint route?

 

Also, if I do get a response from them, what might be in it? I wonder if it'll be every single thing they have on me, or just copies of statements like Nat West did a couple of years ago when I claimed my bank charges back? Or do companies realise we're after more than just statements these days?

 

I guess 40 days isn't enough to get their stuff together, maybe they're hoping I've forgotten! :)

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They don't know which planet they are on never mind what an SAR is. If they sent you the same "Statement of Default" (note - not "Default Notice") they sent me. which has as much legal value as bog roll, then terminated your account, you have won. Silly CrapOne!

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I did get a default notice ages ago, can't remember the wording on it now. It was before I found CAG, and I didn't keep it, hence the SAR. I do remember that when the debt was sold to Robbers Way it *was* improperly served; no letter from Capone, letter from RW sent 2nd class IIRC, deffo nothing by recorded delivery. I just can't prove it right now.

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You should give them a further two weeks to comply, and then seek an injunction in the County Court (using form N208 ).

 

The Information Commissioner has no penal or enforcement function so, although you can (and should) complain to them that is merely added to the record so to speak. You have to do real enforcement yourself.

Edited by palomino
Tried to fix the smiley problem

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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I took CAP1 to court for not fully complying with my SAR, they hadnt send me details for my PPI nor any signed agreements.

 

I sent a LBA then filed an N1 at court, cost me £30 I also claimed for costs for about £45. They initially said they were going to defend then a week or so later they sent me a letter and a cheque, they then forwarded on the information that I was missing.

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You should give them a further two weeks to comply, and then seek an injunction in the County Court (using form N208).

 

The Information Commissioner has no penal or enforcement function so, although you can (and should) complain to them that is merely added to the record so to speak. You have to do real enforcement yourself.

 

Morning all, isn't N20 a witness summons? :confused:

I do very little but I do it very, very well :cool:

 

If I've helped give my scales a click

:smile:

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

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I took CAP1 to court for not fully complying with my SAR, they hadnt send me details for my PPI nor any signed agreements.

 

I sent a LBA then filed an N1 at court, cost me £30 I also claimed for costs for about £45. They initially said they were going to defend then a week or so later they sent me a letter and a cheque, they then forwarded on the information that I was missing.

 

Hey Scatz, how do you know you'll be able to claim on the PPI for your card? Is it lump sum, monthly or annual?

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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Morning all, isn't N20 a witness summons? :confused:

 

Probably.

 

Blame CAG for this - I put N208 which CAG then converted N20 plus a smiley.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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I think if you put 8 followed by a closing bracket it makes a smiley. Lets try it : 8)

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Yup! That's the critter!

 

Earlier post now corrected.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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All is clear, confusing but cheerful

I do very little but I do it very, very well :cool:

 

If I've helped give my scales a click

:smile:

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

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  • 4 weeks later...

Ok, these guys have had long enough to comply; I've had my SAR information through but I cannot find any copies of correspondence re. default or being passed on to RW other than in the control codes on the account. Certainly no letters.

 

I'll be writing to Capone in the morning requesting they send me copies of default notices, notification that the debt had been sold to RW etc.

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