Jump to content


  • Tweets

  • Posts

    • I had some contact with this company earlier in my working life but I'm afraid there's not a lot I can suggest that you haven't already done. During your grandfather's time  British Celanese was a subsidiary of Courtaulds. Courtaulds was subsequently (after your grandfather had stopped working there) acquired by Alzo Nobel. They in turn closed down the Spondon site and sold it. I have no idea what the number is that you are trying to call. It's a Derby (Spondon) area code but the number appears not to be allocated. From my slim knowledge of the history of the company I would have expected your grandfather's pension to be in the Alzo Nobel (CPS) Pension Scheme.  But Willis Tower Watson are the Pension Scheme Administrator of that scheme and would be the people who should know if your grandfather had contributed. Is your grandfather certain he contributed? Joining pension schemes wasn't compulsory in those days. Or might he have got his contributions returned when he left them? That happened sometimes back then. Sorry not to be of more help.      
    • I am sorry I am not aware of this report from IAS assessors? The Court will consider my application at a online hearing in June. The Court instructed me to send Bank copies of my sons condition proving he could not have been the driver I have heard nothing further. My son is not aware of any proceedings I have not involved him to avoid causing him distress, he has been sectioned a fair few times and I need to avoid this happening.
    • I am very pleased that the Court has taken the decision to allow you to  represent your son and hope that he is happy enough with that to relieve the stress he will also be feeling. I do agree that Bank parking are so insensitive, greedy, horrible etc etc to continue proceedings considering  in what it is a very minor case of a wrong number plate . Even their  own  IAS Assessors, who are normally hopelessly biased in favour of their members, went out on a limb and said  " The Operator's evidence shows no payment for the Appellant's vehicle, or anything similar. It does show two payments for the same registration in quick succession. I would take a reasonable guess, based on the circumstances described, that the person paying has paid for the registration of the person they assisted again." That is damning evidence and you must take that report with you as well as including that in your Witness Statement which we will help you with. I would expect that Bank would discontinue the case at that point.  But I am sorry to say  that you should not count on it.  
    • Evening all,   I have deliberated over this offer for two weeks and I have decided to take their offer. I do understand that some may prefer us to go to court and receive a judgement but with our personal circumstances and my current military commitment that could become an issue. I am so grateful for all the help and support you have all offered me over the last few months. I will continue to monitor this site and push all those that are being wrong to get in touch.   Thank you! what you all do is truly amazing!
    • When I first responded to the PAPLOC, and received that 29 page junk back it was accompanied with a letter saying that they had already responded to my request back on Feb 18th 2023,(I never received it). I was just clearing out some paperwork today and found a letter from Lowell, dated Feb 17th 2023, explaining that they were still waiting for the documents from PayPal, and my account was on hold  until further notice.  Does this mean they were lying and can it be used against them if this goes any further? I have now filed my defence, and have had an acknowledgement from Overdales and the court. A little threatening from Overdales , explaining that part of my defence was invalid because they have now complied with the CCA, and they were still waiting for the Default notice from PayPal.
  • 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

NGJ vs CAP1


ngj78
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3992 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 all,

 

I've been piggybacking others threads to date, as they had recieved the same letters as I had - recent CCA etc.

 

However today I got my SAR info back, which did come as a surprise.

 

Included in it was my original signed agreement - which was oven more of a surprise.

 

Any feedback as to whether this is valid and next steps are greatly appreciated. Like all on here the sooner I can deal with this the better.

 

I have toyed with seeking (paid) professional help as my debt is over 10k. Again feedback on whether that is useful (and may save me money is appreciated - i pay about £340 a month to cap one currently).

 

Page One of my SAR letter response: http://i557.photobucket.com/albums/ss15/njohns78/CAP1/cap1SARreplypg1.jpg

 

Page two of my SAR Letter response:

http://i557.photobucket.com/albums/ss15/njohns78/CAP1/Cap1SARreplypg2.jpg

 

CCA Page 1:

http://i557.photobucket.com/albums/ss15/njohns78/CAP1/CAPoneCCApg1.jpg

 

CCA Page 2:

http://i557.photobucket.com/albums/ss15/njohns78/CAP1/CAPoneCCApg2.jpg

 

Thanks as always.

 

NGJ78

 

p.s I'll definetly be donating to the running costs if I can clear this one :)

Link to post
Share on other sites

Jogs, are you suggesting that this isn't valid or what they have sent isn't a CCA. I've just rechecked my links and I see its called Credit Agreement but that then the CCA information is on the back - surely it should be before my signature.

 

Sorry if I'm asking obvious questions, this is the first card I've got to at this stage.

 

Thanks in advance for any other comments/feedback.

 

Mr_J

Link to post
Share on other sites

sorry if I'm still being slow, I've read loads of threads but struggling to see my next step. Others I've read are from behind in payments or who have PPI issues - of which I have neither. I'm still paying as I don't want to put marks on my credit score (as I'm starting a business and seeking funding for that).

 

Thanks in advance.

 

Mr_J

Link to post
Share on other sites

Hi,

With any agreement, there has to be KEY terms before the signature

APR

Credit limit (or a statement saying one will be set)

Repayment terms

 

The second sheet has no link to the first as far as I can see therefore, it cannot be relied on.

 

In my humble opinion, unenforceable

 

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

bump, if I may :)

 

 

How very polite of you :)

 

Bit of an issue here.

 

I don't think you can put the account into dispute on the back of a SAR.

 

The only way I have seen to put it into dispute is to CCA them first unless you have already done so.

 

Hold fire for more advice but don't expect much on a Sunday.

 

Book mark this page:

The Consumer Forums - Debt collectors

 

When you have the definitive answer, letter 9 is the one

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,

Yes send the account in dispute letter.

 

As for paying, it is down to you. As you say you don't want to screw your credit file. Have you checked it to make sure it isn't already?

 

What this may allow you is the opportunity to offer a Full & Final settlement but before you do so, have you claimed back any charges you have paid?

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 Silverfox.

 

My only charges since I've had the account is the odd £12 late fee. My credit score has 3 'slightly delayed' marks for this year for payments that have been a month late, so isn't in too bad a state, hence why I want to keep paying.

Just wonder how seriously they will take me if I keep paying though!

 

Thanks.

Link to post
Share on other sites

What will happen if you stop paying is they will get even more heavy with you and they will screw with your credit file even though they shouldn't. The only way I have seen so far to get them to remove adverse info is to go through the courts.

While you are still paying they will happily continue to accept it

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

  • 4 months later...

Right, I've been slow getting this uploaded, as was Cap1's reponse... but attached is a copy of a letter I received back from them.

 

Now that they have located the CCA (or what they are claiming to be!) they included this too - this is the same as before. A signed application and then T's & C's seperately.

 

Page one of the letter: http://i557.photobucket.com/albums/ss15/njohns78/CAP1/Cap1DecLetter0001.jpg

 

page two of the letter:

http://i557.photobucket.com/albums/ss15/njohns78/CAP1/Cap1DecLetterpg20001.jpg

 

Thanks in advance for your advice folks.

 

Mr_J.

Link to post
Share on other sites

As far as I can see, you are now deadlocked. They are saying they have complied so I assume that "agreement" is all they have.

 

Your choices are:

 

Stop paying and have a screwed credit file (they can do this as you did agree to it). If you are lucky(?) they will sell your debt to a DCA and you can negotiate a full and final settlement (or you could try that route with Cap1)

 

Carry on paying as if nothing has happened.

 

There is no point going to the FOS as they don't get involved with enforceability issues.

 

You could challenge them through the courts but that is fraught with danger because you would be the claimant and the burden of proof is on you.

 

As always, it is your choice which way to go.

 

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

A slight development is that I've fallen two months behind on payments. I started my own business a few months back and money is currently tight. I expect I will be in a position to get on top of this shortly but now wonder if I should? I'm about 40 days and 70 days behind on two payments now, so my credit file will start to look shoddy anyhow! Monthly payments are about 350 so it is quite an outlay for me.

 

Given the size of the debt (and my current work commitments) I'm even half tempted to get someone to work on my behalf (I do recognise there is a cost associated with that).

 

I'm wondereding if I should now go the whole way not not pay and let them pursue me so its easier to take to court?

 

Thanks

 

NGJ78

Link to post
Share on other sites

  • 3 weeks later...

the update from me is that i've not fallen about 3 months behind, and currently can't see how I can get back on track. Therefore I've decided I have to take them on as my credit score is on its way to being wrecked anyhow!

 

What is my next step? I'm being hounded by calls - now from one I believe to be a debt collection agency.

 

Do I write to them again disputing the CCA and stating again I want to put my account into dispute or do wait until they write to me?

 

Thanks

 

Nick.

Link to post
Share on other sites

Hi

Once you are 3 months behind, Cap1 are likely to send you a default notice giving you x amount of days to remedy the default. If you fail to do so, they will mark your credit file accordingly and that default stays on for 6 years.

If you think this "blip" in your finances will be temporary, you could contact them to negotiate or bite the bullet and go for unenforcability, suffering the 6 years of stuffed credit.

 

As the agreement they sent is duff, you could send them the A/C in dispute letter which is letter 9 here:

 

The Consumer Forums - Debt collectors

 

They will probably send the account to their in-house collectors first before flogging it on to a DCA

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

  • 1 month later...

I take it they have sent you a default notice.

 

If so, can you post it up (minus the usual) and let someone rip it to pieces.

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

have a look at post 2282 here:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196312-invalid-default-notices-115.html

 

That post will tell you just how bad your default notice is

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

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...