Jump to content


  • Tweets

  • Posts

    • My understanding is that they won't provide the name to me whether the investigation is Live or Closed, & I have no legal rep as I didn't have P.I. Cover on my policy, & am intending to claim using OIC.org.uk, but remain completely stuck as they 100% cannot open a claim on the portal without both the Reg. No. & Name of the other driver.  
    • thanks again ftmdave, your words are verey encouraging and i do appreciate them. i have taken about 2 hours to think of a letter to write to the ceo...i will paste it below...also how would i address a ceo? do i just put his name? or put dear sir? do you think its ok?  i would appreciate feedback/input from anybody if anything needs to be added/taken away, removed if incorrect etc. i am writing it on behalf of my friend..she is the named driver  - im the one with the blue badge and owner of the car - just for clarification. thanks in adavance to everyone.       My friend and I are both disabled and have been a victim of disability discrimination on the part of your agents.   I have been incorrectly 'charged' by your agent 'excel parking' for overstaying in your car park, but there was no overstay. The letter I recieved said the duration of stay was 15 minutes but there is a 10 minute grace period and also 5 minutes consideration time, hence there was no duration of stay of 15 minutes.   I would like to take this oppertunity to clarify what happend at your Gravesend store. We are struggling finacially due to the 'cost of living crisis' and not being able to work because we are both disabled, we was attracted to your store for the 10 items for £10 offer. I suffer dyslexia and depression and my friend who I take shopping has a mobility disability. We went to buy some shopping at your Gravesend branch of Iceland on 28th of December 2023, we entered your car park, tried to read and understand the parking signs and realised we had to pay for parking. We then realised we didnt have any change for the parking machine so went back to look for coins in the car and when we couldnt find any we left. As my friend has mobility issues it takes some time for me to help him out of the car, as you probably understand this takes more time than it would a normal able bodied person. As I suffer dyslexia I am sure you'll agree that it took me more time than a normal person to read and understand the large amount of information at the pay & display machine. After this, it took more time than an able bodied person to leave the car park especially as I have to help my friend on his crutches etc get back into the car due to his mobility disability. All this took us 15 minutes.   I was the driver of my friends car and he has a blue badge. He then received a 'notice to keeper' for a 'failure to purchase a parking tariff'. On the letter it asked to name the driver if you wasnt the driver at the time, so as he wasnt the driver he named me. I appealed the charge and told them we are disabled and explained the situation as above. The appeal was denied, and even more so was totally ignored regarding our disabilities and that we take longer than an able bodied person to access the car and read the signs and understand them. As our disabilities were ignored and disregarded for the time taken I believe this is discrimination against us. I cannot afford any unfair charges of this kind as I am severely struggling financially. I cannot work and am a carer for my disabled Son who also has a mental and mobility disability. I obviously do not have any disposable income and am in debt with my bills. So its an absolute impossibility for me to pay this incorrect charge.     After being discriminated by your agent my friend decided to contact 'iceland customer care team' on my behalf and again explained the situation and also sent photos of his disabled blue badge and proof of disability. He asked the care team to cancel the charge as ultimately its Iceland's land/property and you have the power over excel parking to cancel it. Again we was met with no mention or consideration for our disability and no direct response regarding the cancellation, all we was told was to contact excel parking. He has replied over 20 times to try to get the 'care team' to understand and cancel this but its pointless as we are just ignored every time. I believe that Ignoring our disability is discrimination which is why I am now contacting you.     I have noticed on your website that you are 'acting' to ease the 'cost of living crisis' : https://about.iceland.co.uk/2022/04/05/iceland-acts-to-ease-the-cost-of-living-crisis/   If you really are commited to helping people in this time of crisis ..and especially two struggling disabled people, can you please cancel this charge as it will only cause more damage to our mental health if you do not.  
    • I've also been in touch via the online portal to the Police's GDPR team, to request the name of the other Driver. Got this response:   Dear Mr. ---------   Our Ref: ----------   Thank you for your request which has been forwarded to the Data Protection Team for consideration.   The data you are requesting is third party, we would not give this information directly to you.   Your solicitor or legal team acting on our behalf would approach us directly with your signed (wet) consent allowing us to consider the request further.   I note the investigation is showing as ‘live’ at this time, we would not considered sharing data for suggested injury until the investigation has been closed.   If you wish to pursue a claim once the investigation has been closed please signpost your legal team to [email protected]   Kind regards   ----------------- Data Protection Assistant    
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • Hi everyone, Apologies for bringing up the same topic regarding these individuals. I wish I had found this forum earlier, as I've seen very similar cases. However, I need your help in figuring out what to do next because we've involved our partners/resellers. I work as an IT Manager in a company outside of the UK. We acquired a license from a certified reseller (along with a support agreement) and also obtained training sessions from them. The issue arose when we needed to register two people for the training sessions, so we used an external laptop for the second user to keep up with the sessions for only a month. During this period, the laptop was solely used for the training sessions. After two weeks, my boss forwarded an email to me from Ms Vinces, stating that we are using illicit software from SolidWorks. Since this has never happened to me or anyone we know, I went into panic mode and had a meeting with her. During the meeting, we explained that we were using an external laptop solely for the training sessions and that the laptop had not been used within the company since her email. She informed us that for such cases, there are demos and special licenses (though our reseller did not mention these types of licenses when we made our initial purchase). She then mentioned that we had utilized products worth approximately €25k and presented us with two options: either pay the agreed value or acquire SolidWorks products. We expressed that the cost was too high, and our business couldn't support such expenses. I assured her that we would discuss the matter with the company board and get back to her. After the meeting, we contacted the company reseller from whom we purchased the license, explained the situation, and mentioned the use of an external laptop. They said they would speak to Maria and help mediate the situation. We hoped to significantly reduce the cost, perhaps to that of a 1-year professional license. Unfortunately, we were mistaken. The reseller mediated a value €2k less than what Maria had suggested (essentially, we would need to acquire two professional lifetime licenses and two years of support for a total of €23k). This amount is still beyond our means, but they insisted that the price was non-negotiable and wouldn't be reduced any further. The entire situation feels odd because she never provided us with addresses or other evidence (which I should have requested), and she's pressuring us to resolve the matter by the end of the month, with payment to be made through the reseller. This makes me feel as though the reseller is taking advantage of the situation to profit from it. Currently, we're trying to buy some time. We plan to meet with the reseller next week but are uncertain about how to proceed with them or whether we should respond to the mediator.
  • 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

Capone/cabot v OH (disputed Acc)


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3343 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

Received letter from debitarse thanking me for my recent letters (which of course they always maintained I never sent - proves my point that they WERE lying!)

 

My account is being passed to someone else deeper in the pond to surface and harass me.

 

Oh well - sh#t 'appens - they aint getting anymore then I can COMFORTABLY afford !

Link to post
Share on other sites

  • Replies 455
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Received letter from debitarse thanking me for my recent letters (which of course they always maintained I never sent - proves my point that they WERE lying!)

 

My account is being passed to someone else deeper in the pond to surface and harass me.

 

Oh well - sh#t 'appens - they aint getting anymore then I can COMFORTABLY afford !

Hi may be lowell mine was sold to them and have put a default on my file:mad:

Link to post
Share on other sites

  • 3 months later...

Please help - capquest not giving up

 

 

Hi all, have sent capquest the bemused letter and told them to send it back to capone - in line with other 'agreements' posted on the forum.

 

However I have just received a letter from them :-

 

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

 

Further to your recent correspondence.

 

Please find enclosed copy document(s) as requested. (I didnt request it, I told them the account is in dispute) If you are not currently repaying this account on an agreed arrangement, it is now imperitive that you deal with this matter immediately by sending your payment directly to:

 

PO Box 396

Fleet

Hampshire

GU51 2WJ

 

Payment can be made by cheque or postal order ensuring that you quote your reference number clearly on the reverse, or alternatively you can pay by debit or credit card by telephoning: 0870 084 3530.

 

CapQuest have the facility to set up a direct debit mandates (minimum £5) and you would therefore be required to telephone the above number and have your bank details available when you call.

 

We have placed your account on hold until ** may, if we do not receive contact from you by this date, your account will be passed to our Collections department for further action.

 

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

 

Took them 3 days from writing to putting it in the post 2nd class. Have until Monday to contact them.

 

Also enclosed was the 'agreement' as in the scan #1, which I have disputed, I have scanned this again as below. Any help in getting this sent back to capone would be greatly appriecated.

 

capone have been told countless times its in dispute and they have ignored my cpr 31.16 request for the agreement.

 

 

scan0004.jpg

 

 

REVERSE Page

 

scan0003.jpg

Link to post
Share on other sites

What they have sent is not enforceable as it doesn't have any of the prescribed terms

 

Thanks Steven,

 

Will be sending Capquest suitable letter tomorrow telling them (again) to send it back to capone.

 

Beachy

Link to post
Share on other sites

Well despite my second (stronger worded) letter to capquest, this morning I received a template plate in response to my 'what the **** are you do with this send it back to capital 1'

 

"we acknowledge your letter and have passed it to our client for consideration"

Link to post
Share on other sites

Received yet another letter from capquest with capital one response.

 

In a sepertate letter from them was an I&E form to complete and return.

 

Crap1 do not consider the account in dispute, according to them all I have complained about is D2D collection visit, capquest told to collect as normal - how wrong they are !

 

Copying my dispute letters and cpr 31.16 letter and sending it to them.

 

Just how much does it take to get these muppetts to pass it back to crap1?

 

Beachy

Link to post
Share on other sites

Technically, of course, they have complied with your s78 request so the account is not in dispute on that basis. If you are questioning the balance (eg because of charges) then you can put it in dospute on that basis. I think you may need to clairify with them - sending the letter you propose will have that effect

 

 

Link to post
Share on other sites

Thanks Steven - although Iam a little confused now.

 

Your post #188 confirms that what C1 have supplied is not enforceable as there are no prescribed terms - this surely means the account is in dispute.

 

Yes there are charges on the account, not a great amount. Would you be suggesting that charges are the only reason to dispute the account?

 

Beachy

Link to post
Share on other sites

I keep on pointing out that complying with s78 and producing an enforceable agreement are two entirely different things.

 

Sending an 'agreement' that complies with s78 means that they are not in default (the accoiunt is not in dispute) but what they send is often not enforceable.

 

 

Link to post
Share on other sites

Thanks Steven,

 

As Capital One have ignored my CPR31.16 after Debitas threatened legal action, and the 'agreement' does not comply with sections 60 & 61 of the CCA I take it that I will have to include the fact that there are unlawful charges in order to 'dispute' the account.

 

Secondly, as capquest are only acting as collectors for capital one , what right do they have in sending me an I&E form to complete?

 

have dug out the DN, it states the arrears amount to be paid within 28 days, would this statement be compliant?

 

Sorry, but I'm a slow learner

Link to post
Share on other sites

Yes, you should put in a claim for the charges whatever. If they start court proceedings, you can counterclaim

 

In principle, they should give an actual date - they have to give 14 days so 28 days must be safe for them

 

 

Link to post
Share on other sites

Sorry to butt in Beachcomber:oops:

 

Steven, on one of my other DN's (and obviously Cap1), they have the 28 days to remedy rather than a date. I'm a bit wary of this and feel a decent solicitor would not find it hard to persuade a Judge that this was ok (hadn't disadvantaged me etc). Other people on my thread though seem sure that as it's not to the letter of the Act that it's cut and dried (well, as much as it ever could be).

 

Do you have any opinions on this, as I can't shake the feeling that if I ended up in a courtroom offering only that as a fault, that I'd be on very thin ice?

 

Thanks for any thoughts.

 

Lexis:)

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

Received yet another letter from capquest with capital one response.

 

In a sepertate letter from them was an I&E form to complete and return.

 

Crap1 do not consider the account in dispute, according to them all I have complained about is D2D collection visit, capquest told to collect as normal - how wrong they are !

 

Copying my dispute letters and cpr 31.16 letter and sending it to them.

 

Just how much does it take to get these muppetts to pass it back to crap1?

 

Beachy

Good on you Beachy!,I think you are douing the right thing! As at least by carryng on writing Dispute letters and putting in a cpr 31,16 Capquest will know you no pushover and know your rights and if they risk takeing you to court they got a good chance of looseing!You are doing the right thing as far as i can see in makeing sure that Capquest see you know your rights and they have not reeled in someone they can intimidate witha few nasty threatograms!:)

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Link to post
Share on other sites

Sorry to butt in Beachcomber:oops:

 

Steven, on one of my other DN's (and obviously Cap1), they have the 28 days to remedy rather than a date. I'm a bit wary of this and feel a decent solicitor would not find it hard to persuade a Judge that this was ok (hadn't disadvantaged me etc). Other people on my thread though seem sure that as it's not to the letter of the Act that it's cut and dried (well, as much as it ever could be).

 

Do you have any opinions on this, as I can't shake the feeling that if I ended up in a courtroom offering only that as a fault, that I'd be on very thin ice?

 

Thanks for any thoughts.

 

Lexis:)

 

Hi lexus, I have a cap1 DN which also states 28days from the date of this letter, however it doesnt have a remedy date. Where they state ' you must taken action BEFORE THE DATE SHOWN' but the only date is the date they typed the letter.

 

I think if I had to soley rely on that I would be on shaky ground ( even tho the regs say it must be'a date')but luckily for me the amount required is made up of charges.

Edited by Nagasis
Link to post
Share on other sites

Sorry to butt in Beachcomber:oops:

 

Steven, on one of my other DN's (and obviously Cap1), they have the 28 days to remedy rather than a date. I'm a bit wary of this and feel a decent solicitor would not find it hard to persuade a Judge that this was ok (hadn't disadvantaged me etc). Other people on my thread though seem sure that as it's not to the letter of the Act that it's cut and dried (well, as much as it ever could be).

 

Do you have any opinions on this, as I can't shake the feeling that if I ended up in a courtroom offering only that as a fault, that I'd be on very thin ice?

 

Thanks for any thoughts.

 

Lexis:)

 

Mornin' Lexis,

 

Not a problem - nice to get a few visitors drop in :)

 

I seem to remember seeing somewhere on the forum that a DN must have a remedy by date to be compliant and cannot state within 28 days.

 

Also I'am sure my DN isnt in the required format.

 

Beachy

Link to post
Share on other sites

Good on you Beachy!,I think you are douing the right thing! As at least by carryng on writing Dispute letters and putting in a cpr 31,16 Capquest will know you no pushover and know your rights and if they risk takeing you to court they got a good chance of looseing!You are doing the right thing as far as i can see in makeing sure that Capquest see you know your rights and they have not reeled in someone they can intimidate witha few nasty threatograms!:)

 

Hi Sunflower,

 

Fan Club been pretty quiet lately, wheres everyone gone?

 

To be honest I got very depressed last night, spent nearly nine months hammering away at Capone & fought off debitarse twice with the unenforceable 'agreement' & account in dispute basis only to learn from Steven that an unenforceable agreement isnt a reason to dispute an account.

 

Different frame of mind today - gonna be as persistant with them as they are to me, if crappywest is only a collecting agent then they can bog off and if they bought the account both they and crap1 are wrong as I have not received any notification.

 

Rant over - caffine intake time :)

 

Beachy

Link to post
Share on other sites

Thanks for the reply BC:)

 

Don't get disheartened - just because you can't claim the account is in dispute (as they have supplied a CCA, albeit a bit naff), doesn't mean you're set back.

 

You still hold an unenforceable agreement - that's what's got rid of every DCA we've had so far (touch wood!). I see you've already said that to them, but maybe also saying the account was in dispute when technically it wasn't has muddied the waters a little. If you just get back to them and say the agreement is a dead duck, pass it back to Cap1 as you have no legal way of getting anything from me, end of discussion, you may get a different response?

 

Also, if you've not received notification just tell them you won't correspond any more until Cap1 have clarified matters for you, as you refuse to talk about personal matters with random companies claiming to know your details.

 

Now go and have that coffee:)

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

Hi Sunflower,

 

Fan Club been pretty quiet lately, wheres everyone gone?

 

To be honest I got very depressed last night, spent nearly nine months hammering away at Capone & fought off debitarse twice with the unenforceable 'agreement' & account in dispute basis only to learn from Steven that an unenforceable agreement isnt a reason to dispute an account.

 

Different frame of mind today - gonna be as persistant with them as they are to me, if crappywest is only a collecting agent then they can bog off and if they bought the account both they and crap1 are wrong as I have not received any notification.

 

Rant over - caffine intake time :)

 

Beachy

Hi Beachy!

Lexis is right! They may argue that they have responded to s78 request but complying with a s78 and being enforceable in court are totally different matters,If your cca is pre 2007 and not proprerly executed as to the prescribed tems and signature as laid down by 1983 consumer credit agreement regulations and s127 of consumer credit act 1974 they have problems!:D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Link to post
Share on other sites

  • 2 weeks later...

Another letter from capquest - wots the freckin' 'eck are they & capone playing at!

 

Now they say :-

 

We have contacted our client regarding your earlier query (it wasnt, it was a complaint!), and they have responded as fellows:

 

"We can confirm that this dispute is resolved according to the dispute department. Please contact Capital One if you are still unhappy"

 

Please be advised that payment is now due in full.

 

Capital One have ignored every letter I have sent, so how can it be resolved.

 

Following threats of legal action from Debitas I sent a CPR 31.16 as THEY were threatening ME with court action which, as I understand correctly, ENTITLES me to the 'true copy of the executed agreement - this was completely ignored without any form of acknowledgement, good job it was sent recorded.

 

How can an 'agreement' with no prescribed terms not be subject to a dispute.

 

Beachy

Link to post
Share on other sites

Just recently MacKenzie Hall were slapped on the wrist.. hard in respect of chasing debts that were in dispute. The link below is the OFT Press release.

 

The Office of Fair Trading: OFT imposes requirements on Mackenzie Hall to improve handling of disputed debts

 

This is the thread that was started in respect of the above.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/195459-oft-imposes-requirements-mackenzie.html

 

I am sure that the following doesnt just apply to MacKenzie Hall, no Creditor or DCA should be chasing an account if there is a legitimate dispute. Personally, I would print off the Press release and send it to Capital One.

 

The OFT has used its powers under consumer credit legislation to impose 'requirements' on Mackenzie Hall after an investigation found that some of its business processes failed to meet satisfactory standards. As a result of these requirements, Mackenzie Hall must not:

  • pursue a debt where it has been notified in writing that there is reasonable cause to believe that the debt is in dispute, and

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

print off the Press release and send it to Capital One.

 

Consider it done when they next send me a letter of demand.;-)

Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

Link to post
Share on other sites

Just recently MacKenzie Hall were slapped on the wrist.. hard in respect of chasing debts that were in dispute. The link below is the OFT Press release.

 

The Office of Fair Trading: OFT imposes requirements on Mackenzie Hall to improve handling of disputed debts

 

This is the thread that was started in respect of the above.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/195459-oft-imposes-requirements-mackenzie.html

 

I am sure that the following doesnt just apply to MacKenzie Hall, no Creditor or DCA should be chasing an account if there is a legitimate dispute. Personally, I would print off the Press release and send it to Capital One.

 

 

Once again CB to the rescue :cool:

 

Beachy

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...