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    • I thank the Consumer Action Group Members for getting me this far in my case which is still in progress.   Situation: The Court has reversed earlier permission for me to rely on witness summaries.    The question upon which I am seeking help, please,  is - do I need to bother myself as to why the Court has reversed permission to rely on witness summaries?  If so, what line of logic or law can might I follow because clearly, the Court has said one thing and then another a few weeks later, of its own motion, the Court has reversed the earlier decision. I find this development quite extraordinary in the sense that as a result of being granted permission earlier, I served the three Witness Summons which had the Court stamp.   Background Having given me permission to serve 'Witness Summons' which I served on 3 hostile witnesses several weeks ago, the Court has now reversed it's earlier decision, and refused me permission to rely on 'witness summaries' pursuant to paragraph 32.9(2), citing that I have not shown steps taken to obtain witness statements from the 3 hostile witnesses.  I however, made two attempts to talk to the hostile witnesses who have been non responsive and I can evidence this.   I would be immensely grateful for some steer from Forum Members, please.
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    • Thanks for filling in the forum sticky and well done on reading up.  The more info. we all take in, the more we know what the real legal position is and how to fight sharks like CEL.   As you'll have seen, CEL are one of the most dishonest and greediest of the PPCs.  If you had indisputable proof that your car was on Mars at the time, they'd find a way to reject your appeal!  Sadly POPLA has become more & more useless, as your experience shows.  Instead of managing the car park in a professional manner, it's highly likely that CEL don't illuminate the signs at night deliberately in order to catch out motorists like yourself.   The good news is that the only person who can make you pay this "debt" is a judge, after a court case.  So from now on ignore any begging letters from CEL and/or their rent-a-threat DCAs, but do not ignore a Letter Before Action/Claim which is a formal notice of intention to start court proceedings.  However, don't waste your time while ignoring them, build a case.  Like dx says, look up the planning permission.  If the KFC is local to you, go back in the evening and get pix of their pathetic signage.  Please post up what you wrote in your appeal too.   As a belt & braces approach, get on to KFC and demand they cancel the ticket.  Show all the proof you were a genuine customer and point out that you stayed an extra 19 minutes because you were consuming more food & drink!  However, what we often find is that the bod who runs the local branch often doesn't have much power, so don't faff around.  If the local branch don't cancel within 48 hours get on to to the area manager, and if you get no joy there in 48 hours go to CEO level.   It's highly likely that if you had complained to KFC straight away and ignored CEL's kangaroo court procedure that the matter would have been resolved there & then, but hey, what is done is done and you still have a great chance of seeing off these fleecers.
    • if you are twisting sideways to takaway pubs? rather than opening pubs as you initially referred   ... thats always been cheaper at off licences and supermarkets isn't it, and rather defeats the point of pubs, and restaurants?   WHAT are you actually saying/claiming/suggestion if anything?
    • They have got a plan https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/restaurants-offering-takeaway-or-delivery   It seems pretty clear to me.
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lkd79

Cap one charges.

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Hi

I've had an account with capital one for over a year and I've always paid my monthly payment from my bank account at least ten days before its due via a scheduled payment.

In February at the end of the month i got a letter from them stating that the details i was using for my scheduled February payment was wrong and they gave me the correct details that i should be using. they also said my payment would not reach my account for another ten days :confused:

Now i checked my details on the payment i made against the details they gave me and they were exactly the same.

About two days later i then got a letter from capital one telling me that they were charging me a late payment fee and an overdraft fee because i had not made a payment for February.

Now I have contacted capital one and told them that i had made a payment and i feel they made the mistake with my payment but have basically been told they will do nothing to help me.

I'm self employed and on a very low income so was unable to pay all the charges off and capital one just keep adding more charges. Plus phoning several times a week even though i have asked them not to contact me via the phone because the woman who phones is very pushy.

So my account is now over a hundred pound overdraw just because of the charges. I'm still making payment every month but this is only covering the basic payment and a portion of the interest.

Can anyone give me some advice about what i should do next because I have no idea.

Thank you

Louise

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Ok if you have all the documentation, i.e. the payment details you originally were told to use and then the new set they asked you to change to then you have the evidence you need in my opinion.

 

I would firstly write to them asking them to reimburse all charges. When / not if they write back and say no I would put it in another letter headed formal complaint.

 

Also in the same letter advise them that you are happy to utilise the services of the FOS at the end of the 8 week period or after their final response and look forward to the fact that FOS will be charging capital one approx £450 to investigate the charges on your account.

 

Edit: If they still refuse then it will be a choice between claiming them back via Court (They tend to pay up as they file the defence) or the FOS which can be sloooowwwwww.

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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ikd79

 

For the telephone harrasment try this letter on this link.

 

Harassment by telephone - Consumer Wiki

 

 

Also have a read of this thread for tips.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/99376-telephone-harassment-action-plan.html

 

S.

  • Haha 1

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Thank you for the great advice.

I will send that letter off in the next few days.

I have sent the letter for telephone harrasment to them but its still on going.

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