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    • Please also take photos of the sign at the entrance as well as any signs inside the car park especially any that are different. Please take them from a distance where we can read them and if there is a payment machine, the sign on the machine or very close to it that explains their T&Cs for the machine.
    • Thanks for getting the signage posted up so quickly. The sign on entry should explain their T&Cs. As they don't it means that  what they have given you is  an offer to treat, not a contract. For there to be a contract they would have had to put their offer at the entrance.  You cannot put a notice saying that their T&Cs are inside the car park and expect motorists to be subject to those T&Cs when they are unaware what the terms are.. They have to be able to read them and understand them before they can accept them. My feeling is that the sign that includes the charge of £100 is too small to be acceptable On top of that the sign at the entrance is for Parking Control Solutions while the signs inside are from HX Management-a completely different animal. To strengthen your case for not paying them is the fact that their PCN is not compliant.  Under the Protection of Freedoms Act 2012 there are certain wordings in  the NTK  that by Law must comply with the Act. They don't  have to quote that part of the Act in their PCN but the relevant wording has to be included. PoFA Schedule 4 paragraph 9 [2]   the notice must  [f]   warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;   Your  NTK does not include  [if all the applicable conditions  under the Schedule have been met ]thus rendering the NTK non compliant.  
    • I agree its about time but why has it taken for the National Crime Agency to flag this up for then to take action and not Ofcom.   Yet again a Government Agency that is meant to deal with this hasn't Ofcom but flagged by another Agency NCA.   If the telephone companies have this facility in place already to do this then why hasn't Ofcom been pushing them to stop all these scam calls and giving them massive fines for not doing so.    
    • Hi   Send this to them:   Dear Sir/Madam   Formal Complaint   Reference:            (insert their complaint reference number here)   Thank you for your response letter dated XX/XX/2021 which I received by email on XX/XX/2021 that contained your Original Email sent that showed due to your Maladministration that you had sent the Original Email containing my Personal Data to an incorrect email address due to spelling errors in the email address.   a)      Due to this Maladministration of this email being sent to the incorrect email address this email contained my Personal Data which is a Data Protection Breach therefore I require clarification from yourselves that this Breach has been reported to your Data Protection Officer and what action is being taken to ensure that my Personal Data contained in that Original Email has not been read by the recipient that you sent that email to with the incorrect email address.   As the email was sent by yourselves to my correct email address containing the original email showing the incorrect email address was due to spelling errors (maladministration) your IT Department will be able to obtain those emails sent.   If I do not get a satisfactory response that this has been dealt with by your Data Protection Officer, I will report this Data Breach to the Information Commissioners Office (ICO) https://ico.org.uk/make-a-complaint/   b)      Due to this Maladministration I failed to receive your Stage 1 complaint response within the allocated time limit for a Stage 1 response therefore this complaint should be dealt with as a Stage 2 Complaint and if you refuse to treat this as a Stage 2 Complaint, I require Full Clarification for your refusal.   I was placed in this Tenancy via the Rough Sleepers Initiative and I find your response about damaged/destroyed items that you would not be able to look into this as this happened 2 years ago but all tenants regardless of private or social housing are responsible for arranging their own contents insurance totally unacceptable as again, I was never notified nor informed of this requirement on taking up this tenancy.   I require clarification from yourself that when a New Tenant takes up a Tenancy Agreement with yourselves why are the not informed of this requirement of Contents Insurance which you should be duty bound to inform all tenants on taking up a tenancy agreement if such a requirement and it should also be noted within that tenants Housing File which you have full access to as dealing with complaint so I require clarification as well if this is noted in my Housing File.   You state multiple properties throughout the area were affected by sewage flood on the same day and the issue will have stemmed from the mains which is not your responsibility.   a)      You have failed to take into that the above statement from yourself blaming the Mains is without any actual evidence from yourselves to back up this claim therefore I require clarification as to what actual evidence you have and to be provided with copies.   b)      You also failed to take into account that in my initial complaint letter that on 12th July 2021 basement flats 1 & 2 were flooded by sewage exacerbated by blockage in the property’s drainage. The blockage has been confirmed by two contractors after the flooding including CCR who were subcontracted by Pyramid Plus that it was the properties drainage that was blocked. Also, while I was decanted from this property, I was contacted by CCR who confirmed that the drain was blocked but they could not access manhole as it was inaccessible as it is located in a utility cupboard underneath carpet, floorboards so how could this be the Main and not your responsibility when it is within the properties boundaries.   Your response about how complaints have been made by residents in relation to this issue is that your system does not allow you to find that information is completely unacceptable as your Housing Association should be able to produce these as part of ongoing repairs and maintenance/procurement processes to present these to your Board for there yearly Budget meeting if not why not.   Then you state you are under no obligation to share that information; therefore, your organisation is not being Open and Accountable to your Service Users and under which Article of the General Data Protection Act (GDPR) are you using for this refusal.   You have also failed to mention that I can make that above request under the Freedom of Information Act (FOI) and what is your process for such a request again not being Open and Accountable.   I await your response.
    • RE: EC261 Compensation   It's normal they won't have asked you to contact them . Your initial rescheduling was obviously done by a bot - and there was no human to notice the mistake, as far as the bot knew your scheduling was perfectly normal so there was no need to ask you to contact them.   As long as that was done 2 weeks in advance the carrier's liability to notify you is fulfilled.   (You could have contacted them there and pointed out that the new schedule was impossible. Unfortunately you didn't. Claiming you didn't notice is not likely to work in your favor)   The bot who sent you the 24h confirmation didn't notice the mistake either, obviously.   At some point a human or another bot finally identified the problem and that's when they called you. As far as they are concerned neither you nor them had noticed the scheduling mistake and they took it on them to notify you so you don't have a bad surprise when you try and check in.   However as far as I know, neither flight was delayed or cancelled. You could have taken both flights, if you had the power to be in two places at the same time.   So I don't think there is any scope to claim for EC261. But claim forms are free so feel free to try.     Then, you can certainly make an old fashioned claim (directly to BA)   What could perhaps play in your favor:   It's the carrier's responsibility to ensure that they don't sell you a ticket where the flyer cannot meet the minimum connection time or MCT.   This situation mostly applies to situations where the flyer doesn't know and gets caught. For example say you connect at LHR and you are given 35 minutes to connect. This may look just fine to an unsuspecting tourist, but in reality there is practically zero chance to make the connection, therefore the airline is liable here for selling you this ticket resulting in you missing your connection   In your case though it could be argued that even an unsuspecting tourist should be able to tell that it is not possible for them to depart 5 minutes prior to disembarking and therefore that you should have checked your notification more carefully.   The fact that the bot allowed such a glaring mistake to happen is certainly an argument in your favour shall you decide to make a complaint.     What doesn't play in your favor:   The airline obviously did their best to get you to your destination as soon as they noticed their mistake. They offered you more than one alternative (the first alternative would have got you in time at your destination, but you declined) and you then accepted another alternative, and fully travelled the ticket. That is a very strong position for them.     What did you lose and what do you intend to claim for?   You took the overnight connection so obviously you had to stay at an airport hotel. Is that correct? Did you keep the receipt for your hotel and meals?   You certainly should have asked them on the phone when negotiating your re-route that they provide a hotel. Within 20hrs of the flight it's something they would most probably not have denied to you (but airlines will generally avoid offering off the bat. Why lose money when a customer is just going to roll with it and pay for their own stay anyway, right?). After the fact it's going to be a lot more difficult to claim.   I do certainly think it would be reasonable to try and write them a polite but firm letter to claim for that. Not 700 euros, not damages and hardship and all that jazz, just the extra expense you incurred following a scheduling mistake that they made (that should have never happened) and that they didn't notice until way too late in the day , with your categorical inability to leave 3 hours earlier (you had very important business meetings or something critical, it certainly wasn't just convenience) and the extra costs incurred, and asking that they kindly provide compensation for the hotel and meals, which you feel it was their duty to offer you and you are politely disappointed that they didn't, and thafully you happen to have kept all the receipts. Put Alex Cruz on copy for good measure.   No guarantee but I feel it has a fair chance of success. Most probably you will be offered a heap of Avios instead of cash. It's then up for you to decide whether you want to accept that. Personally I wouldn't bother going further, but that's just me. See if anyone here disagrees, and do let us know what you decide and keep in touch with how it went.            
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angel v cap1 won sort of


angel1977
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Hi all, cap1 never fail to amaze me !!

I put in my claim through County Court and recived an acknowledgement from cap1 through the court they would defend the claim in full this was on the 3rd Sept

I recived a letter dated 4th Sept i that " Whilst we do not accept liability for your claim, i have in an effort to resolve this matter without the need for a court hearing, refunded your full claimed amount of £466.00 into your account. These refunds have cleared the balance on your account and left it £137.05 in credit. I have arranged to send you a cheque for the credit amount, which you should recive within 21 working days."

 

then they go on to say these refunds are a gesture of goodwill blah blah, then they say if i cannot keep in line with the agreement from now on " i would respectfully request you consider closing your account"

 

This is a standard reply i assume ?

 

The very next day i got another letter dated 06/09/2009 stating that

" As of the 6/9/2009 you have defaulted and you owe us £341.55"

 

So they have now defaulted me and closed my account and are going to notify the credit agencies that i have defaulted.

 

I am sure they cannot do this.

The first letter was dated 4th sept and told me they had credited the amount to my card and now longer owed them money.

The second letter defaulting me was dated 6/9/2009 2 days after they credited my account,

 

Then i got a letter from Debitas dated 7/9/2009 saying i owe them £12.00 as they have been instructed to collect the outstanding blalance i owe on my cap1 account, then goes on to say " Clearly, having an outstanding amount and a default on your credit file is upseting"

 

People i am hopping mad, whats going on and what can i do about it? There is no way on this earth they are gonna get away with this.

Please help

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Amedn the claim to include breach of DPA. They are in breach as they have a duty to record accurate infomation about you. Did their payment include interest and court costs? If not, then continue the claim

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In fact, thinking more about it, I think that you have a perfectly good basis for continuing the action anyway even though they are settling as you have a good reson to continue. The CPRs - I can't remember which one say that you are entitled to continue despite settlement without rsik of costs if there is a continuing reason. the fact that they are settling out of court - good will etc and yet continuing to treat you as if you were in debt is sufficient reason.

 

Please let me know more about the case.

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Thanks for the advice, i now have no idea of what to do but i will continue reading, in the mean time Capital one have sent me another letter telling me that i have incured default sums of £24 for over limit fee and a late payment fee on an account that they have closed. I have to laugh or i would be going down to capital one Nottingham ( the building is about 20 mins away from me) and trying to force feed someone the crap they keep sending me.

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By the way, you need to check with the court from time to time that the case is still live.

We've had a few instances where companies have settled or aettled in part and informed the court and the court has then closed the case without checking with the claimant. Very naughty

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Notice of acknowledgement of service from cap1 via court dated 03/09/2009

 

My first move ?

 

Write to cap 1 adapting to template from the amending bank charges section stating :

 

I am writing to you because i am proposing to amend my statement of case in my credit card claim against you. I am hoping you will agree to the amendment so that i will not have to trouble the court with an application to amend.

 

I enclose a copy of the amended statement of case for you information. You will see that i am adding a request for the removal of any prejudicial information which you have passed to third parties, my request is made under the Data Proctection Act 1998, section 14 which gives the power to the courts to order the removal of inaccurate personal data.

 

I have sent a copy of this to the court and i have indicated to them i am seeking your consent.

 

I hope to have your response within the next seven days failing that i will have to complete an N244 application notice and ask permission of the court. I hope you will agree that it is highly likely that the court will allow this, as you defaulted this account two days after the balance of my account was cleared. this will be the first time that i have made an amendment in these proceedings.

 

Yours Angel1977

 

Then reprint my poc and add

And the claimant claims

 

The removal of any prejudicial information which the defendant bank may have passto third parties in relation to the Account and in particular the removal of any default notice registered with any credit reference agency

The claimants request is made under the Data Protection Act 1998, section 14

 

Write and underline the new paragraph in red

Is this right?

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Yes, that's right.

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I have done the amendment letter and poc and know where to send them, now in my letter i tell them 'i have sent a copy to the courts' do i

a, just hand in a copy of the letter to the court, my letter has the claim no on it ( i dont know what to say to the clerk)

b, hand in both letter and poc with amended details on it

Or wait 7 days to see what happens

Thanks

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Hng on there is a misunderstanding. You ask them for consent and then if they do consent, you send a copy of their consent to the court.

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  • 2 weeks later...

Just a little update, i have sent my letter to cap1 and was delivered on the 21 of this month with no reply from them so i guess their time is up, i will download this n244 and see what i can do myself and come back with any questions.

That is my misson for today.

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OK

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So far these are what i'm stuck on to varying degrees on this n244 form

Claimants Name ( well i know this but it is asking for a ref n.o. aswell )

 

Question 3 What order are you asking the court to make and why

 

I have put " To amend my statement of case because Capital one have defaulted and closed the account two days after the balance was cleared. The defendant no legal right to default an account when no monies are owed and have recored inaccurate personal data with credit reference agencies. This request is made under the Data Proctection Act 1998, section 14

 

Question 4 Have you attached a draft of the order you are applying for ???

 

Question 5 How do you want this application dealt with

I belive i have 2 choices the 1st at a court hearing or 2nd, at a phone hearing as cap1 will have legal reps but i dont know which one to choose

 

Thats my questions so far as i dont want to confuse myself even more.

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I'm just trying to understand your current position.

 

You claimed charges from cap1. They caved in and credited you si that your account was cleared.

Your account is now clear and you owe no money.

However they have now defaulted you because of the debt which is now clear and which was subject to a dispute over charges

 

Is that correct?

 

Do they owe you any further money?

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Thats about it. this is my time line

All dates given are from the stright from the letters

 

26/08/09 I put in my N1 form claiming in total £466.60 mostly made up of charges £341.55 for them and £137.05 for me.

 

03/09/09 I recived a Notice of acknowledgement.

 

04/09/09 I recived a letter from cap1 saying have refunded £341.55 back into my account clearing the balance and would send a cheque for £137.05 which i have got but have not banked yet.

 

06/09/09 I recived a letter defaulting me and closing my account as according to them i owe £341.55

 

07/09/09 I recived a letter from Debitas informing me i owe Capital one £12.00 and banging on about how a default would seriously harm my ability to get credit blah blah.

 

09/09/09 I recive a letter from Capital one stating that i owe then £24.00 for:

Date Incurred Details Amounts

23/08/2009 Over Limit Fee £12.00

04/09/2009 Late payment Fee £12.00

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Right, Don't worry about the ref no as you don't have one but do make sure thatthe case number appears on the N244

 

Question three: that the court grants permission to the claimant to amend her claim as per attached.

 

The you attach the proposed amendment.

 

The entire amended POC is headed "amended particulars of claim" with those words in bold and written or highlighted or underlined in red.

 

Then you do your amended particulars of claim.

 

You will have to add something like:

 

On XXXdateXXX the defendants entered a default onto the claimant's credit file.

 

The said entry related to an alleged debt which has been the subject of these very legal proceedings.

 

It is a term of the banking code of practice that alleged debts in dispute shall not be recorded on credit files.

It is a term of the account contract with the defendant that alleged debts in dispute shall not be recorded on credit files.

Guidance from the Information Commissioner issued in 2007 (check this date) is that disputed debts should not be recorded on to credit files.

 

The defendant has acted in breach of the banking code

The defendant has acted in breach of the account contract.

The defendant has acted in breach of the Data Protection guidelines set out by the Information Commissioner.

 

The claimant seeks an order that the defendant removes the said credit files entries forthwith

 

Have you suffered any loss or inconvenience by this?

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Just my time spent looking in to all this, the postage and the fact i did want to keep the card as an emergency fund ( as i have no savings) and i wanted to rebuild my credit score with this card as one day i would like to buy my house.

In my amendment letter that i sent to cap1 legal dept i even included photocopies of the letters in question so they could see what had happened but to no avail

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I just wanted to make it clear that Capitail One defaulted me two days after they had cleared the balance via a refund, at first i just thought it was a mistake on their part but now am starting to think they ment to do this just to be spitefull.

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Hi Angel,

 

Just to add to bankfodders advice, the banking code is now legally binding on them under Consumer Protection from Unfair Trading Regulations 2008 regulations.

 

If its a help I used this in my letter to crapone's legal section, you can extract the relevant bits to use in amended POCS if needed:-

 

This is in clear breach of the Banking code which Capital One is a signee of and hence enforceable under the CPUTR2008, specifically Regulation 5 which states:-

5.—(1) A commercial practice is a misleading action if it satisfies the conditions in either

paragraph (2) or paragraph (3).

(3) A commercial practice satisfies the conditions of this paragraph if—

(a) it concerns any marketing of a product (including comparative advertising) which creates

confusion with any products, trade marks, trade names or other distinguishing marks of a

competitor; or

(b) it concerns any failure by a trader to comply with a commitment contained in a code of

conduct which the trader has undertaken to comply with, if—

(i) the trader indicates in a commercial practice that he is bound by that code of

conduct

 

The Banking Code that you are a signee of clearly states you must cease reporting the status of this account as behind on payments to all Credit Reference Agencies where the amount is disputed, I quote:

 

“13.6 We may give information to Credit Reference Agencies about the personal debts you owe us if: the amount owned is not being disputed

 

Obviously there was a dispute ongoing in court and hence the balance of the account could not be worked out correctly, as such the late or derogatory markers should not have been placed according to your own codes of practice. It should be noted a complaint to both the OFT and the BCSB has been made. I understand that I can use CPUTR2008 in a future case against Capital One if you don’t comply.

 

Best of luck.

 

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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Thanks for that Shadow,

This is what i'm stuck on

Question 4 Have you attached a draft of this order you are applying for ?

Question 5 How do you want the application to be dealt with: i have put at a hearing

Question 6 how long will the hearing take: i have left blank

Question 7 Details of fixed trial or period: left blank

Question 8 What level of judge: dont know

Question 10 What info will you be relying on: i put the statement of case then write attached in the box below.

If some could tell me what bits are right or wrong i would be gratefull because i'm not sure in anyway what i'm doing.

thanks

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Thanks for that Shadow,

This is what i'm stuck on

Question 4 Have you attached a draft of this order you are applying for ?

Question 5 How do you want the application to be dealt with: i have put at a hearing

Question 6 how long will the hearing take: i have left blank

Question 7 Details of fixed trial or period: left blank

Question 8 What level of judge: dont know

Question 10 What info will you be relying on: i put the statement of case then write attached in the box below.

If some could tell me what bits are right or wrong i would be gratefull because i'm not sure in anyway what i'm doing.

thanks

 

Ok sure bankfodder will help more than I can but in the meantime...

 

Q4. no order is being requested.

Q5. No hearing, you just want the judge to accept the new defence, if there is an issue the judge will order a hearing to discuss.

Q6. " "

Q7. If you have any trial dates for this case coming up put them in.

Q8. District Judge

Q10. The amended POC and add evidence of letters sent/received in supposed settlement and default.... also screenshot/copies of credit file showing default and the date of said default.

 

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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Done! and handed in the the county court today, thanks for helping me.

I am fighting littlewoods as well and they say i'm being unreasonable and may ask the court for me to pay their fees if i carry on with my case!! Sometimes it feels like just when i got one critter sorted for the time being another one comes along!!

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  • 2 weeks later...

On Sat the postie gave me this from the courts

 

"Your application was referred to the District Judge for directions, who had made the following comments" "Send the claimant a copy of the Defendant's letter dated 4/09/2009. The claimant is to reply to the court in seven days as to how this affects her application and whether or not she wishes to amend it."

 

The copy of Cap1 letter is simply a letter to the courts advising them that they have refunded my claim, but nothing about the fact they closed my account whilst it was in disputed which is what i (and all those who helped me) did so i'm not really sure what my next step is or how i tell them i want to continue my amended claim.

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