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    • Sorry not great with forum technology,  it says accepted file types jpg ongoing etc which I believe the file type was png or at least that's the details showing up on my phone, I'm even less good with conversion of the aforementioned so, I think we'll just leave that one then.   Also I think you mean because he supplied no cancellation information prior to the contract that automatically negates me having to pay / or be charged from the balance of the car any costs associated with the return, he also has to refund me the cost of delivery, however I am actually willing (maybe) to let that one go apon receipt of a refund.    This situation has already been the source of great stress
    • Don't just sign or agree to anything.   You need to be careful and not sign anything until you fully read a new TA making sure they're not  a "break clause" in it.   "A break clause is a term in the tenancy agreement that gives the landlord and/or tenant the right to end a fixed term tenancy before the expiry of the fixed term period"    
    • Is there a reason they took so long to send the PCN? The car was on hire or a change of address perhaps. As they have not claimed to be using POFA it is important that you do not reveal the identity of the driver. No POFA means they cannot pursue the keeper so just ignore everything from them and their unregulated debt collectors and ignorant second rate solicitors. [Sorry that was a slur on second rate solicitors].  Just ignore them all. To go to Court they need the name and address of the driver so if you ignore them there is no chance they will find out. While that does mean that you are not liable to pay them a penny they won't look at it like that and pretend that you do owe them-probably escalating the bill every time they write. This works in your favour as the most that they can ask is the amount on their signage but they always seem to want to overcharge which gets them a slap.  All you have to do is let us know if they stupidly decide to send you a Letter of Claim [it's probably more greed than stupidity but they do both of them so well it is hard to know which one it is.]. If you do get an LBC come back to us so we will give them a snotty reply which may be enough to see them off. In the meantime go on with your life safe in the knowledge that you owe them nothing and there is nothing they can do to change that.
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    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .

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yes ++ interest

 

i'd pop along tothe capital one forum and have a read

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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that links to "just go find" is that right?

 

No, don't think it is, I'll let dx know.

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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You will find the Capone forums in the following link :)

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?48-Capital-One

 

The full name of C1 does not take you to specific forum.

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  • 2 months later...

Hi i have a capital one account,ive probably payed a fair wack in charges with my account.

ive read the forums for a while now. Am i correct in thinking i can send off a sar without doing the cca.as i know they probably have the documentation for the card etc.its the charges i want back not to answer if its lawful.

and if so.,after the sar is sent what are the steps on from there.barclaycards my next victim,i must of paid well over 500 to them over the years by now.

i was going to hit vanquis as well but from what ive read they are a pain in the ass.

so yeah sorry for trailing off! what are the steps after the sar is sent recorded with a £10 postal order inside?

 

any help appreciated thanks

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  • 1 month later...

Hi,

 

Yes sending a SAR should get you all you need to calculate how much they have added in charges.

 

This is the LBA ..............just edit for your prelim.

 

 

 

[your address]

 

 

 

[their address]

 

 

[DATE]

 

 

letter before action

 

 

Dear Sir/Madam,

 

CARD/ACCOUNT NUMBER: xxxxxxxxx

 

Further to my preliminary letter of xxxxx with regards to charges levied against the above account,I note you have failed to respond and show no intentions of refunding the charges.

 

As indicated previously,I consider that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

Whilst I am mindful of the OFT investigation in 2006 of credit card fees,the OFT deemed that only a Court could determine the fairness of fees and so the £12 figure was only fixed as a guideline.

 

I make a further request that you refund to me £XXXXX plus £XXX which you have charged me in interest for the sums which you have taken. Total £XXXXX.

 

 

I give you a further 14 days to comply,or else provide me with a full breakdown of your costs in addressing any breach on my behalf,which demonstrate clearly that your charges are in proportion to your actual costs.

Failure to do so,will result in me issuing a county court claim for recovery of the charges plus section 69 interest and costs.

 

Yours faithfully,

 

 

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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