Jump to content


  • Tweets

  • Posts

    • Hello dx100uk, After months of waiting for a response I finally got a reply and I must say it was the worst 4 months of my life the - fear of the unknown. So, they wrote back and said I was in the wrong BUT on this occasion they  would not take action but keep me on file for the next 12 months. It. was the biggest relief of my life a massive weight lifted -  I would like to thank you and the team for all your support
    • I have contacted the sofa shop who are sending someone out tomorrow to inspect the furniture. I suspect if anything a replacement will be offered although I would prefer a refund. Few photos of the wear in the material, this is how it was delivered.  
    • Yup, for goodness sake she needs to stop paying right now, DCA's are powerless, as .  Is it showing on their credit file? Best to use Check my file. All of the above advice is excellent, definitely SAR the loan company as soon as possible.
    • Hi all, I am wandering if this is appealable. It has already been through a challenge on the Islington website and the it was rejected. Basically there was a suspended bay sign on a post on Gee st which was obscured by a Pizza van. The suspension was for 3 bays outside 47 Gee st. I parked outside/between 47 & 55 Gee st. I paid via the phone system using a sign a few meters away from my car. When I got back to the car there was a PCN stuck to the windscreen which I had to dry out before I could read it due to rain getting into the plastic sticky holder.  I then appealed using the Islington website which was then rejected the next day. I have attached a pdf of images that I took and also which the parking officer took. There are two spaces in front of the van, one of which had a generator on it the other was a disabled space. I would count those as 3 bays? In the first image circled in red is the parking sign I read. In the 2nd image is the suspension notice obscured by the van. I would have had to stand in the middle of the road to read this, in fact that's where I was standing when I took the photo. I have pasted the appeal and rejection below. Many thanks for looking. ----------------------------------------------------------------------- This is my appeal statement: As you can see from the image attached (image 1) I actually paid £18.50 to park my car in Gee st. I parked the car at what I thought was outside 55 Gee st as seen in image 2 attached. When I read the PCN issued it stated there was a parking suspension. There was no suspension notice on the sign that I used to call the payment service outside number 55 Gee st. I looked for a suspension notice and eventually found one which was obscured by a large van and generator parked outside 47 Gee st. As seen in images 3 and 4 attached. I am guessing the parking suspension was to allow the Van to park and sell Pizza during the Clerkenwell design week. I was not obstructing the use or parking of the van, in fact the van was obstructing the suspension notice which meant I could not read or see it without prior knowledge it was there. I would have had to stand in the road to see it endangering myself as I had to to take images to illustrate the hidden notice. As there was no intention to avoid a parking charge and the fact the sign was not easily visible I would hope this challenge can be accepted. Many thanks.   This is the text from the rejection: Thank you for contacting us about the above Penalty Charge Notice (PCN). The PCN was issued because the vehicle was parked in a suspended bay or space. I note from your correspondence that there was no suspension notice on the sign that you used to call the payment serve outside number 55 Gee Street. I acknowledge your comments, however, your vehicle was parked in a bay which had been suspended. The regulations require the suspension warning to be clearly visible. It is a large bright yellow sign and is erected by the parking bay on the nearest parking plate to the area that is to be suspended. Parking is then not permitted in the bay for any reason or period of time, however brief. The signs relating to this suspension were sited in accordance with the regulations. Upon reviewing the Civil Enforcement Officer's (CEO's) images and notes, I am satisfied that sufficient signage was in place and that it meets statutory requirements. Whilst I note that the signage may have been obstructed by a large van and generator at the time, please note, it is the responsibility of the motorist to locate and check the time plate each time they park. This will ensure that any changes to the status of the bay are noted. I acknowledge that your vehicle possessed a RingGo session at the time, however, this does not authorize parking within a suspended bay. Suspension restrictions are established to facilitate specific activities like filming or construction, therefore, we anticipate the vehicle owner to relocate the vehicle from the suspended area until the specified date and time when the suspension concludes. Leaving a vehicle unattended for any period of time within a suspended bay, effectively renders the vehicle parked in contravention and a Civil Enforcement Officer (CEO) may issue a PCN. Finally, the vehicle was left parked approximately 5 metres away from the closest time plate notice. It is the responsibility of the driver to ensure they park in a suitable parking place and check all signs and road markings prior to leaving their vehicle parked in contravention. It remains the driver's responsibility to ensure that the vehicle is parked legally at all times. With that being said, I would have to inform you, your appeal has been rejected at this stage. Please see the below images as taken by the CEO whilst issuing the PCN: You should now choose one of the following options: Pay the penalty charge. We will accept the discounted amount of £65.00 in settlement of this matter, provided it is received by 10 June 2024. After that date, the full penalty charge of £130.00 will be payable. Or Wait for a Notice to Owner (NtO) to be issued to the registered keeper of the vehicle, who is legally responsible for paying the penalty charge. Any further correspondence received prior to the NtO being issued may not be responded to. The NtO gives the recipient the right to make formal representations against the penalty charge. If we reject those representations, there will be the right of appeal to the Environment and Traffic Adjudicator.   Gee st pdf.pdf
    • Nationwide Building Society has launched an 18 month fixed-rate account paying 5.5%.View the full article
  • 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

Help got a court letter from Capquest HL from Capital One


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4852 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 there

 

I recieved an debt letter last year from Capquest and sent them the normal response to prove it is mine. I have recieved no signatures and forms from them and nothing from Capital One.

 

Yesterday I recieved the court papers (blue) from Northampton Court asking them to repay all money

 

Please could someone advise what to do? Shall I scan the court paper for you to see?

Link to post
Share on other sites

would be handy yes :)

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

Link to post
Share on other sites

Well thats something I haven't seen before! At the end of the day they STILL have to prove the debt is yours. I would write to both the court and Capital One informing both that you're quite willing to co-operate, however you don't feel that the debt is one owed by you and that when you asked Capitol One to provide more information in order to verify the debt was yours they failed to do so. I would send this first class recorded, with NO SIGNATURE at least on the Cap One copy.

 

That's the way I would play it, unless anyone else has any other suggestions.

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

Link to post
Share on other sites

Nervous wreck

 

 

You now (within 14 days) need to acknowledge to the Courts that you have received the claim form and that you will be defending. Also you can ask for it to be moved to your local court. You can do this online or at your local court. You can file a defence with the court, using form N9B, which will basically say that you know nothing about the debt and that you have not been provided with information previously requested. You can state that you have asked for proof of the debt on x date with no reply. Also that you now sent CPR 31.14 requests to CapQuest and Capitol One.

 

( Her Majesty's Courts Service -Forms and Guidance ) which you have to provide to the court with the acknowledgement of service form. Her Majesty's Courts Service -Forms and Guidance

 

Then you need to ask CapQuest and Capitol One to disclose all information relating to this account,

Use CPR 31.14 letters for this, sent by recorded delivery. This is the letter.

 

Dear Sir,

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored] [delete if no such request was delivered]

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1 The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

2 The assignment*

3 The default notice*

4 The termination notice*

5 [any other documents mentioned in the Particulars of Claim]*

* delete if not mentioned in the Particulars of claim.

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

# delete if claim for a sum exceeding £5,000.00

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

The first thing to do is to complete the acknowledgement of service, this can be done on-line preferably straight away, instructions will be with the claim pack this then gives you an additional 14 days to put in your defence (total of 33 days from the date on the claim). (14 AOS+14 extra+5 days service)

 

Then you have time for them to reply to your CPR request and still complete the defence. In the quite possible scenario that they send nothing or nothing useful or complete you can then put in a holding or embaressed defence.

Link to post
Share on other sites

Also make sure that EVERYTHING you send is by recorded delivery, whether to the claimants or to the courts. It may not come to it, but if you do need to prove dates of posting/receipt of communications it can occasionally make a difference.

 

 

Link to post
Share on other sites

Hi there

 

Just an update to this, I have completed online acknowledge to the Courts and said I am putting my defence, but I never got a message to say I want to move the court to near where I live. I take it that this is when I start putting my defence online or is this when I fill out form N9B

 

Later today 2 CPR 31.14 Request letters will be sent to Capquest and Capital One recorded delivery

 

Many thanks for your help on this

Link to post
Share on other sites

I think you may have to go to your local court to make the request to move the case there. Sometimes easier to start dealing with your local court, as you then have the court staff to help you with the process.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

As it's a Northampton claim it should be transferred to your local court automatically when you submit a defence. If that doesn't happen for some reason you can request a transfer at the Allocation Questionaire stage.

Link to post
Share on other sites

Hello...Just wanted to say good luck. I too am going through just the same as this, dealing with the same people.

 

I am a little further on with my case though, please have a look at my thread, I too have had some very good guidance and help. I would not have had a clue without it, and i was very very worried (still am really, as it is not over yet).

:eek: Looking hard to see a light at the end of the tunnel :eek:

Link to post
Share on other sites

Hi there

 

Many thanks for your help and kind words also

 

I have recieved a letter from Capquest yesterday to which I will upload. It was only 2 letters. The 2nd letter must be the one they sent to me, but I never recieved it.

 

Here are the letters

 

capture1y.jpg

 

capture2ks.jpg

 

I will wait for Capital One to respond, I sent off the letter last week via recorded delivery, so I take it I should wait for 7+2 days right? Then build on my defence? As yet I have not recieved what I asked for in http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/266598-help-got-court-letter.html#post3019942

 

Kind Regards

Link to post
Share on other sites

Hi there

 

Just an update to this, til this date I have not recieved what I asked for in the CPR letter. Should I sent another letter, or should I know write on my defence online with the court system.

 

Please could someone advise on what the best next step would be to do

 

Kind Regards

Link to post
Share on other sites

http://www.consumeractiongroup.co.uk/forum/legal-issues/257376-please-help-need-send.html#post2898814

 

Have a look here for a sample of an embarrassed defence that you need to submit to the court

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

Link to post
Share on other sites

Hi there

 

Just to update you, I cannot log into the moneyclaim website, so couldn't put in a defence as yet. I spoke to the support member who advise to fill in the form and post the defence which I will do as special delivery, however I want to make sure that I will fill in form N9B. There is nothing in that form to say to move the court to where I live.

 

Please could someone advise

 

Kind Regards

Link to post
Share on other sites

  • 5 months later...

Hi there

 

Hope everyone is okay. This issue is still ongoing. On Monday I recieved the following letter, please see attached zip file which is everything they have given me. A bit of background information, I was giving these people money to take down the debt, but then another debt company sent me an letter for the same card. So I sent both company letters, heard nothing, and now Capquest say I owe them money as per the original post

 

Please could someone see the zip file, one thing is that the date on the signature is unreadable

 

Many thanks for your help

 

Here is the attached file: cap.zip

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...