Jump to content


  • Tweets

  • Posts

    • I can only speak from personal experience. But a similar thing happened to me. Seriously dented door.  I made the other insurance pay. They regarded it as a write off. Took the money, replaced the door. Never heard anything more about it.    Except clearly someone sold my details to claims company, because I got loads of calls in bad English for a few month's 
    • The incident was 03rd March 2024 - and that was the only letter that I have received from MET 15th April 2024 The charge I paid was at the Stansted Airport exit gate (No real relevance now - I thought this charge was for that!!).   Here is the content of email to them (Yes I know I said I was the driver !!!!) as said above -  I thought this charge was for that!! "Stansted Airport" Dear “To whom it may concern” My name is ??  PCN:  ?? Veh Reg: Date of Incident: 03rd March 2024 I have just received a parking charge final reminder letter, dated 10th April 2024 - for an overstay.  This is the first to my knowledge of any overstay. I am aware that I am out of the 28 days, I don’t mean to be rude, this feels like it is a scam My movements on this day in question are, I pulled into what looked like a service station on my way to pick my daughter and family up from Stansted airport. The reason for me pulling into this area was to use a toilet, so I found Starbucks, and when into there, after the above, I then purchased a coffee. After which I then continued with my journey to pick my daughter up. (however after I sent this email I remember that Starbucks was closed so I then I walked over to Macdonalds) There was no signs about parking or any tickets machines to explains about the parking rules. Once at Stansted, I entered and then paid on exit.  So Im not show where I overstayed my welcome.. With gratitude    
    • Just to enlarge on Dave's great rundown of your case under Penalty. In the oft quoted case often seen on PCNs,  viz PE v Beavis while to Judges said there was a case for claiming that £100 was a penalty, this was overruled in this case because PE had a legitimate interest in keeping the car park free for other motorists which outweighed the penalty. Here there is no legitimate interest since the premises were closed. Therefore the charge is a penalty and the case should be thrown out for that reason alone.   The Appeals dept need informing about what and what isn't a valid PCN. Dummies. You should also mention that you were unable to pay by Iphone as there was no internet connection and there was a long  queue to pay on a very busy day . There was no facility for us to pay from the time of our arrival only the time from when we paid at the machine so we felt that was a bit of a scam since we were not parked until we paid. On top of that we had two children to load and unload in the car which should be taken into account since Consideration periods and Grace periods are minimum time. If you weren't the driver and PoFA isn't compliant you are off scot free since only the driver is liable and they are saying it was you. 
    • Thank you dx. I consider myself well and truly told :) x Thank you dx. I consider myself well and truly told :) x
  • Recommended Topics

  • 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
  • Recommended Topics

FTA -vs- Capital One


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

Thread Locked

because no one has posted on it for the last 4419 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

Hi everyone,

 

I have a credit card with Capital One..I have paid SO much money back to them for going over limit in the first instance by less than £100 - this was a year a go and despite the hundreds of pounds I have paid somehow I keep still oweing them an over the limit amount.

 

Despite numerous requests to be put on an arrangement - they have refused, offering my something VERY unaffordable so that they can (and they have) continued to charge huge interest each month, as well as over limit and late payment charges.

 

My credit file looks unbeleiveabley horrible thanks to them and the stress has become too much!

 

Therefore after some research I have:

 

- Sent CCA letter - to which they sent a COPY of the agreement T&Cs

- Sent the dispute letter - account now in default state

 

However, they call everyday 3 or 4 times and today I answered and they claim that they responded to my letter a few days ago and they sent a default notice sent on the same day!!!

 

On the dispute letter it says:

 

" Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data."

 

and

 

" You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint."

 

Is that 14 & 21 working days or normal days?

 

And if that time passes what do I do next??

 

Any help would be greatly appreciated!

Link to post
Share on other sites

  • Replies 92
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

The only working days are for the CCA request. Any other day is straight unless you are generous and give them working days.

Doesn't really matter either way because CAP1 will totally ignore you anyway.

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

Link to post
Share on other sites

Thanks..I would give 14+a few days for postage nothing more. Just to be on the safe side if it went to court. Although, thinking about it, why should I? It's not like they ever do!!

 

So does that mean I should just sit tight until they answer me in writing and not answer any of their calls? Or is there another letter to send, or something else to do?

 

The biggest worry is that they will continue to harass (which they will and are) which is annoying, but more importantly that they will default the account as the lady said they have sent one out along with an imaginary letter a few days ago :s

Link to post
Share on other sites

You could always send them this letter along with the Account in Dispute letter.

Harassment by telephone - Consumer Wiki

THE GOLDEN RULE IS NEVER TO SPEAK TO THEM ON THE PHONE UNLESS YOU CAN RECORD THE CALL.

 

You could start playing with them. Ask them security question. They do it to you so why can't you do it back :-)

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

Link to post
Share on other sites

As expected....They sent a default notice for overlimit amount, one day before sending the letter rejecting my letter disputing the account on basis of no CCA sent...

 

The default notice

 

2q40c3p.jpg

 

s620zm.jpg

 

 

Is there anything wrong with this in case I need to argue from a different angle and not on basis of no CCA?

 

 

The letter

 

flip7t.jpg

 

2my0xf4.jpg

 

Is what they are saying true - about not needing to send signed one, etc etc. Does that mean the account is NOT in default? :? :-o

 

Although, I guess if they are insisting on no sending one it means they cant find it...which is good right?

Link to post
Share on other sites

In my humble opinion, the default notice is invalid.

 

They are saying that you must rectify the default by the date shown.

ERRMM, What date?

 

They should have given you a specific date to rectify, not 28 days from the date of the letter.

 

Report them to the OFT, Trading Standardsand your MP as they have breached the OFT rules by defaulting you while the account is in dispute

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

Link to post
Share on other sites

Taken from Consumer credit (Enforcement, Default and Termination Notices) Regulations 1983

 

 

3

A specification of:--

(a) the provision of the agreement alleged to have been breached; and

(b) the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either

© if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than

fourteen days] after the date of service of the notice, before which that action is to be taken; or

(d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and

the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid.

 

Says nothing about x number of days, it says DATE. Certainly a point I would argue over.

 

S.

Link to post
Share on other sites

I think what I should do is send them another letter back regarding their rejection of my letter disputing the account and ALSO mention the above...

 

But the question is, is what they are saying in their letter true??

 

"your personal details, the signature box, signature and date of signature have been ommited from the copy provided, as permitted under Regulation 3 of Consumer Credit (Cancellation Notices and Copy Documents) 1983."

 

Is this true? But everything in the template I sent says they MUST provide me with that by law....

 

So is this CCA enforceable?? If not, then they can continue to try and process the default and it shouldnt be that difficult to get it removed if necessary....?

Link to post
Share on other sites

Hi,

 

what they are saying is true.

What strikes me is that if they had the signed agreement, why wouldn't they send it and save all this bloody hassle and argument.

 

You say you have paid lots in charges so why not do a SAR. When this request is sent, they are supposed to send everything they hold on you, including the "fully executed, signed agreement" If by some miracle they do have your agreement, then you could do a charges reclaim.

 

I'm hoping that our Ms Renshaw now terminates your account. If she does that, you would only be liable for the arrears as the default notice is duff (in my opinion) and only if they have your agreement.

 

Don't forget to report them. They think they are above the law

 

fox

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

Link to post
Share on other sites

Hi FTA,

 

Ive yet to post it up, but CAP1 sent me the same letter in your post 6 (the second letter in your post) in response to my CPR request!

 

They really dont feel that they have to offer us poor folk any answers to any of our questions.

 

I particularly like the sentence:

 

'You clearly have a valid and enforceable agreement with Capital 1'...

 

How will we ever know that if they dont provide us with what we are asking for!!!!! :confused:

 

Its all amazing stuff, what would a judge think to their avoidance of legal requests?

 

Subbing and all the best with your fight with them.

 

meerkat x

Link to post
Share on other sites

Silverfox...Thanks for the comments, but thats a little confusing. In the standard CCA templates we send, consumer mention this and that regulation which says they must supply true SIGNED copy - but then how can it possible for them to be able to NOT send a true and signed copy by some other regulation or subsection?!?!? Its contradictory!

 

My plan of action was to CCA and if agreement unenforceable take my time and pay back what I owe at my very long leisure...If it didnt work, then Subject Access Request and claim the charges that way...

 

So they HAVE fully complied with CCA and therefore agreement is enforceable and I have to go through a different route??

Link to post
Share on other sites

There is a saying on the forum, "Slowly,slowly, catchee monkey"

 

As daft as it is, the OC is allowed to send the CCA with the details omitted. I think the law wasn't thought out quite right when it was drafted.

 

If you decide to cpr them, only do so if you are going to follow through with court action if they fail to deliver. I was going to but my finances fell a little short when needed( my fight was with Lowells)

 

SAR is the best bet as they have to send everything they have (supposedly) and if they send you exactly the same as they have already sent you then it will be fair to assume they don't have a valid copy of your agreement.

 

You have a valid complaint as they have defaulted you while the account is in dispute.

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

Link to post
Share on other sites

My SAR didnt produce a valid agreement or any agreement, under cca request they supplied the same rubbish as most c1 caggers have.

 

Dodgy DN followed by 'termination'.

 

Debitas threaten legal action which 'opened the door' for a full cpr 31.16 request which was ignored & followed by account returning to capone.

 

Currently following the same route with capquest.

 

Opinion is if they had an enforceable cca they'd take legal action.

 

Beachy

Link to post
Share on other sites

Ok, so I will send S.A.R tomorrow, along with complaints to OFT and Trading Standards...

 

All I can find are these letters to Banking Code Standards Board & ICO about defaulting a disputed account. Are these the ones, or something else I should be sending to OFT and Trading Standards?

 

Also, they my complaint will be about the THREAT of defaulting the account as this has not actually been applied yet..Correct?

Link to post
Share on other sites

  • 2 weeks later...

Morning,

The issuing of a default notice whether or not they follow through with it is cause for complaint as they shouldn't be doing so while the account is in dispute. I know they disagree with you about it as they say they have complied but as you've found out, what they say and what they mean are two different things.

 

You can complain online to the OFT,the ICO, the FOS and Cap1's local trading standards. You could also contact your MP (if they have time between claiming their expenses) and the MP for cap1's constituency (although he won't be able to deal with you directly(you're not a constituent))

 

fox

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

Link to post
Share on other sites

Morning,

The issuing of a default notice whether or not they follow through with it is cause for complaint as they shouldn't be doing so while the account is in dispute. I know they disagree with you about it as they say they have complied but as you've found out, what they say and what they mean are two different things.

 

You can complain online to the OFT,the ICO, the FOS and Cap1's local trading standards. You could also contact your MP (if they have time between claiming their expenses) and the MP for cap1's constituency (although he won't be able to deal with you directly(you're not a constituent))

 

fox

 

Just to add there arent really any template letters for these complaints as each case is different or has different aspects. Organizations tend to ignore template letters the same as we do when we get sent them.

 

S.

Link to post
Share on other sites

  • 4 weeks later...

Received response to SAR today. Very confusing as usual...

 

What is getting even more confusing is they send a default notice, then a termination notice, then a letter from DCA saying account closed, then a letter from Cap1 for default sums...Its really very messy

 

I will send them a prelim request for payment hopefully this week coming..BUT will this affect my claim of invalid CCA and therefore no agreement?!

 

How can i claim money back if I am disputing the agreements validity...??

Link to post
Share on other sites

Hi

 

I have been helping my OH with Cap 1 for some time now, and on going through her files came across this blank (unsigned) original Cap1 agreement that originates from 2004 and thought it might be of some use.;)

 

I have removed the name, address and barcodes only.

 

If you compare the blank signature box with yours and others on this site, I would suggest that you could see a difference in the lines contained within that box. You might also conclude, as others have how different that signature box appears from the original.

 

Furthermore, previous caggers have rightly noted the distinct lack of prescribed terms, this is because this is an application for credit and not a Credit Agreement. This word application is mentioned on three occasions within the text, twice in the first para and once in the third.

 

And the infamous section 23 does not appear overleaf .

 

Hope this helps

 

Kind regards……….

 

CapOneAgreement3.jpg

 

CapOneAgreementreverse.jpg

Link to post
Share on other sites

This is getting out of hand. A few days without responding to this DCA and they have arranged a doorstep visit to my home!!! Complaining to whoever it may be is not the answer, there has to be something else I can do! Please help, this is all getting a bit much now....It seemed so clear cut to begin with, no CCA so I can ignore until it is produced, but they are getting away with this harassment and it is not fair

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...