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    • I've had another look at their WS and as it definitely states that they are pursuing you as the keeper in point 19 they must lose their case because their PCN is not compliant with PoFA on two counts.  First is the fact that they must have a parking period and it is quite clear that entering and leaving the car park does not constitute a parking period since some of the time the motorist is either driving around looking for a parking spot then leaving the spot and driving to the exit. All that takes time so that is one fail. The other fail is in their wording when they are trying to transfer the liability of the alleged debt from the driver to the keeper. They are supposed to include at Schedule 4 s9 [2][f] this "(if all the applicable conditions under this Schedule are met)". That in itself makes it non compliant but the fact that they haven't got a parking period means they haven't met the applicable conditions.   Looking at their contract, the names of the signatories and their positions in their respective  companys have been redacted. You do need strict proof of who actually signed. There is no specific authorisation from the Client to allow Court action in pursuit of non payers. In section 11 which is like an addendum it states" the Company shall provide parking control" but doesn't state if that includes legal pursuit as well and it does not appear to be signed.   The entrance sign does not include the T&Cs so it is only an offer to treat  not  an offer of a contract. Their only appears to be one type of sign inside the car park which is unusual and a lot of the signage is in too small a print to be acceptable in Law as capable of forming a contract. The signage also includes unlawful demands for extra charges which makes the whole contract invalid.  PoFA 2012 made it quite clear that the maximum  amount claimed was the amount on the sign. This has been reinforced by the Private Parking Code of Practice which states that no extra charges can be made over the signage figure. Indeed a Government Minister is quoted as saying that the extra charges demanded by parking companies are "a rip off" yet they still include them. They are an abuse of process and should be subject to adding exemplary costs payable to the motorist to act as a deterrent to rogue car parking companies.   They have no planning permission for their signs and ANPR cameras which means that in addition to them being unlawful because of the extra charges they are also illegal because they have not been given permission to be there under  the Town and Country [Advertisements} Regulations  1969. They are supposed to comply with the Law and the IPC code of Conduct and they have done neither. The new Private Parking Code of Practice  draws attention to it as well  s14.1 [g]  "g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs."   So it is not as if this is a secret-since it has been out since February 7th 2022 . You would have thought that as this Code was designed to root out the rogues in the industry that the parking industry would already have made adjustments to their activities in order to align themselves with the will of Parliament as proposed by Minister Neil O'Brien  who said   "The publication of this Code therefore marks the start of an adjustment period in which parking companies will be expected to follow as many of these new rules as possible."   Ignorance of the Law is no excuse but even Gladstones are surely aware that the extra charges are unlawful  it beggars belief that they can aver that they have told the truth on their WS.
    • Evening all,   I am looking for a little bit of advice, any would be appreciated. I am a bit hesitant in giving all the in's and out's as I am not sure of the forums procedures and I do not want to compromise my situation.   Basically as a result of a few issues in my life inflicted/self inflicted I ended up in a bad situation financially. A company brought a debt off a lender I had used and took me to court, I really mis-managed this and although I attended court with a case the verdict went against me. I accepted this but never heard anything back from them and admittedly as I was struggling didn't pro actively seek them out to make payment. So, on my Credit report I had a CCJ due to expire Sept. 2022, which I associated to that particular incident. Anyhow, I have recently received a Notice of Application for Attachment of earnings order, however, this is regarding a completely different debt/Court procedure to the one I participated in. The creditor, to my knowledge has never contacted me and until this week I have never received any correspondence to this case from the creditor or county court.    Basically, I was just after a bit of advice, on how to go about this. I am worried that if my employer is advised of the CCJ, it makes my position uncomfortable, maybe untenable which will only be negative to my situation.    So can I still contest this and possibly get it removed via the courts, can I delay it for 3 months to get it statue barred, do I pay the whole amount (to a company whom brought it at a pittance) or do pay it off and if so, can the figure be negotiated and how long would it affect me credit score?   I apologise for the number of questions, and appreciate any advice. My concern is the application ruining a very good job for me.   Thanks in advance
    • Thanks, I am worried because on the citizenship application they ask if I received warning, I am not sure if TFL warning this the same police warning or not?? 
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Reclaiming Capital One Credit Card Charges


bustthematrix
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Hello All

 

I wish to reclaim my credit card charges. I've got the full set of statements from 2002 to date and have added up all the late fees and overlimit fees.

 

Having read through various threads to better understand the process, I'm still confused as to what I CAN claim and what I can't? There's confusion over whether to claim: charges + contractual interest OR charges + compounded contractual interest OR charges + compounded contractual interest + statutory interest?

 

Contractual interest on my Cap One card is 29.9%APR but I'm not SURE if it's been at this level since 2002?

 

Also, I noted I've had roughly £100 in annual card PPI charges debited from my account. I cancelled (didn't renew) the PPI about 2 years ago so it no longer applies but I think I may have a claim there too as I've been self-employed since 1998 and the thing may never have triggered anyway (though I never tried to claim).

 

If I add PPI payments as well, should I treat them just like charges and add interest? Cap One are not the actual PPI company though they sold it to me. The PPI provider was CPP (Card Protection Plan i think).

 

Appreciate your input and pointers all - especially if you've successfully claimed against the above.

 

Peace:-|

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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Hi Bustthematrix.

 

You can reclaim your charges going back 6 years without too much trouble. Enter your charges into the spreadsheet and appy 29.9% to the lot.

 

If you have to issue a claim in the county court you can ALSO add 8% statutory interest under sec 69 County Court Act.

 

I can't help you with PPI because I've never had any but someone far better qualified than me should be along soon.

 

Just stick to schedule. I believe these guys always pay up but sometimes they drag it out.

 

Best of luck.

 

T. :cool:

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Cheers Skintboy - hope u don't stay skint for much longer!:D

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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Hmmnnn

 

No helpers have come along to comment? We're not supposed to hijack other people's threads to get help on our own issues so...

 

What to do next....:rolleyes:

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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  • 1 year later...

Got your PM. Is this the thread you are talking about?

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Hi Sf

 

Oh my gosh, would you believe I somehow lost track of this thread!!!?!?!?:razz:

 

Guess I was more efficient back in 09!!

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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  • 4 weeks later...
You can reclaim your charges going back 6 yearsicon without too much trouble. Enter your charges into the spreadsheet and appy 29.9% to the lot.

 

You can claim back as far as you want. The six years is from when the debt was known to you. I claimed back over 12 years from Halifax without a peep from them.

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Thanks for dropping by Missy. Seems there's life in this lil'ol thread after all...:razz:

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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Sorry to hijack this thread, but we have a few capital one cards that we have charges on - I know we can claim late charges, overdraft fees, PPI but there are other charges such as cash fees, purchase int and cash int, can we claim these back. Also what about the annual account charges, can this be claimed back? TIA for your help.

 

ETA: Sorry if this is dumb question, just need to clarify especially on the cash charges and annually charges.

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Sorry to hijack this thread, but we have a few capital one cards that we have charges on - I know we can claim late charges, overdraft fees,

Yes

PPI

Where missold - yes

but there are other charges such as cash fees, purchase int and cash int, can we claim these back.

I know of no legal basis that allows these to be reclaimed - sorry.

Also what about the annual account charges, can this be claimed back? TIA for your help.

Not sure - it may be (probably on the same basis as the default charges) but I am not aware of anyone reclaiming .

ETA: Sorry if this is dumb question, just need to clarify especially on the cash charges and annually charges.

No need to apologise, we're all learning, asking is one of the big keys for doing that...8-)

8-)

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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Sorry again, but i'm having problem understanding the interest claim issues

 

I was reading BankFodder's thread on reclaiming interest on charges and i've gotten myself all confused

 

For te capital one, which interest am i applying and how much?

 

For example, we £20 for overdrawn and £20 late fees and a mis sold PPI of £2.20

 

We know we can claim those back

 

Now, the issue is what percentage of interest are we claiming.

 

1. Are we adding 29.9% to the total of £42.20, and 8% on top of that?

2. Are we adding 29.9% to each individual charge on a daily basis (running to date), and then add 8% to the total?

 

Capital One charged me purchase interest (£3.50) and cash interest (£1)

 

3. Are we taking a percentage from the £4.50 to add to each individual charge (running to date), and then add 8% to the total?

4. Are we taking a percentage from the £4.50 to add to the total along with the 8%?

5. Are we taking 29.9% of the purchase and cash interest to get back, or is it a completely different percent?

 

Thanks in advance. I hope i haven't confused you as much as I have myself

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moneyproblem

 

Having just concluded a case against Natwest, can I offer the following advice:

 

1. Make a list, preferably on a spreadsheet like excel, of every late fee and over limit fee, together with the date the charge was incurred.

 

2. For each charge, enter the details into the compound interest calculator linked to from this site http://www.egalegal.com/compoundWindow.html Set the calculator to 12 monthly calculations and tick the box for a 360 day calculation period. For each individual calculation, take the very last figure from the calculator - this is the compound interest from the date of the charge. Enter this in a separate column on your spreadsheet. Use a further column to add the charge plus interest together.

 

3. Use the current contractual interest rate you are being charged by your credit card company. This is the rate they now see fit to charge you so the fact it may have been lower in the past is their problem not yours. Much of this will come down to negotiation anyway, either with the company or their solicitors.

 

4. If you file court papers you are allowed to charge a further 8% (simple not compound) on each charge. You can set up another column to do this.

 

 

Hope this helps - the opposing solicitor who I got my claim agreed with, actually enquired where I got my knowledge from - this site and its team are great!

 

 

Also the following article is very useful for helping understand interest as part of settlement negotiations http://www.bytestart.co.uk/content/legal/35_2/charging-interest-in-standard-terms.shtml

Card 1 - Charges reclaim £464 + Interest...ongoing

Card 2 - Charges reclaim £520 + Interest...ongoing

Card 3 - Charges reclaim £396 + £1179 Imterest **WON**

Card 4 - Charges reclaim £296 + £147 Interest **WON**

------------------------------------------------------------

4 x CCA requests

1 received.....Blank Application Form

1 received.....Terms & Conditions

1 received.....Sent agreement relating to a previous card :confused:

1 response....Have lost the agreement :)

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Thank you very much for that information

 

It really really helped.

 

Here is our next problem.

 

We between 4-6 capital one cards, which are all closed and paid off.

 

The limit on each ranges from £200 - £1000

 

You said that we can use the current contractual rate, but because these accounts are closed would we use the rate that we

were being charged when those cards were closed, or do we look for what capital one is charging right now (in general

since we no longer have any live capital one cards)?

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I'd probably use the last rate I was actually charged as I'd have written proof of it.

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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8% on just the charge only

 

(Its a mistake I originally made lol)

Card 1 - Charges reclaim £464 + Interest...ongoing

Card 2 - Charges reclaim £520 + Interest...ongoing

Card 3 - Charges reclaim £396 + £1179 Imterest **WON**

Card 4 - Charges reclaim £296 + £147 Interest **WON**

------------------------------------------------------------

4 x CCA requests

1 received.....Blank Application Form

1 received.....Terms & Conditions

1 received.....Sent agreement relating to a previous card :confused:

1 response....Have lost the agreement :)

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8% on just the charge only

 

(Its a mistake I originally made lol)

I concur. something like this.

e.g. £100 in charges from 2 years ago at 30% Contractual interest.

You may claim £100 + 30% compounded interest over 2 years = £100 + £69

PLUS 8% on £100 at simple interest over 2 years = 2 x £8 = £16.

Total = £100 + £69 + £16 = £185....in a nutshell

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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no sorry

 

its 8% on the charge + their interest.

 

they have deprived you of the money you reclaim under restitution , see the FOS website PDF's

you are entitled to the 8% on the complete claim for each charge.

 

use:

 

http://www.fscs.org.uk/news/2011/mar...cial-7pghpepm/

 

 

rest=12

days = 360.

 

HOWEVER, you do NOT include the stat 8% on your claim UNTIL you file for court.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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So DX

 

To use my crude example, you would argue e.g. for £100 in charges from 2 years ago at 30% Contractual interestlink3.gif.

You may claim £100 + 30% compounded interest over 2 years = £100 + £69

PLUS 8% on the £169? How would that 8% be applied for the 2 years?

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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Btw that Fscs link you posted didn't quite work...

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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Just checking, I calculate that the compound interest from 2yrs ago on a £100 would be £82.37 according to the link that Still_surviving posted http://www.egalegal.com/compoundWindow.html, how did you arrive at £69 for the interest? Sorry to be a pain lol I am just trying to make sure I got it down right.

 

Also I noted that you calculate the 8% as a yearly figure (100x8% = £8 x2yrs = £16) and not a one off charge on the individual charges Or the total of all charges over the period. In that case would it not then make the 8% a compound interest? Also how would you calculate this on a figure that had an account that was closed before the end of the following year, if the 8% was being charged per year? Would you just go ahead and charge the full 8% for the following year when the account was paid and closed say a month into the beginning of the following year.

 

Ok I think this my last question, please give me for all of this asking........, PPI (mis-sold), would we calculate the interest for this the same exact way as we are doing for the charges being claimed?

 

Again thank you for your kind help and patience with all my questioning :).

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