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    • yep, throw that morality card out the window....9/10 you never owe a DCA ANYTHING!! they are NOT BAILIFFS!!
    • (See the link to DVLA’s INF188/6 document I posted above, page 4 as cited) “I have a new medical condition that I have told the DVLA about on my recent application. Can I drive? As soon as the DVLA receives your correct and complete application for a new licence and as long as you meet all the Section 88 criteria, you may drive. It is important that you are satisfied that the medical condition you have declared on your application does not stop you from driving. If you are unsure, check with your doctor or healthcare professional before you make a decision. You can also look up your condition in the ‘Assessing fitness to drive’ guide, which you can find at www.gov.uk/dvla/fitnesstodrive to see whether you meet the medical standards for driving. As this guide is intended for healthcare professionals, it can be complicated. Your doctor or healthcare professional should be able to help you if necessary." It seems that DVLA think that S.88 does apply for applications disclosing a new medical condition after all. Why might this be so, and what of “qualifying application" and "relevant disability"? S. 92(1) imposes on the driver a requirement to disclose a relevant disability. S.92(3) requires the Secretary of State to refuse such an application disclosing a relevant disability ….. EXCEPT S.92(4) requires the Secretary of State to grant such an application if the relevant disability is “adequately controlled”. Hence my belief S.88 can apply for medical conditions (if the driver meets the medical standard of fitness to drive) as the application remains a qualifying application IF the driver meets the medical standard of fitness to drive, until DVLA (on behalf of the Secretary of State) say it doesn’t, provided the driver believes they meet the (medical) standard. Additionally, at (or before) June 2013 (as noted in my previous post) the medical standard for fitness to drive for conditions involving excessive daytime sleepiness was changed from “completely controlled” to "adequately controlled".  
    • CFO Bill Guan allegedly led a team at the news outlet that was behind a global money laundering scheme.View the full article
    • Anyway, I've asked my Booking.com flat-rent-out-bloke what needs to be done on the Booking.com portal to cancel a reservation. I got a late message "I'll let you know tomorrow".
    • I see that at the start of your thread you said they hadn't sent a Letter of Claim.  And in fact in all the uploaded material there is no LoC.  This is great news.  Even were you to lose - you won't - the judge would chop off a chunk of the money for their non-respect of PAPLOC. However, I'm a bit confused as you've named the file name as a SAR.  Are you sure about this?  Did you send any other letters apart from the one dx advised which was a CPR request (not a SAR) to DCBL (not Group Nexus).  I'm not being pernickety, this will be important for your Witness Statement further down the line.
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Cap1 & Debitas/Fredricksons/AIC


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Hi

I have fallen into arrears with my Capital 1 Card and account has been defaulted etcc.... I have submitted numerous complaints also to Capital One regarding poor customer service and charges etc.... ALL BEEN IGNORED NO RESPONSE yet they have sent letters acknowledging my letter.

 

My account has been passed pillar to post.... first Fredricksons then back to Cap 1 now with Allied International Credit (AIC), yet when you telephone Cap1 they say talk to Debitas.

 

I have attempted to setup repayment arrangements and they get refused. Have sent them harrassment letter which got ignored, I send a 2nd letter informing them I am reporting them and they then replied and immediately removed my telephone numbers. Now when I ring up I cannot complete security as they do not hold any telephone numbers on my record.

 

I rang up Cap1 this evening to request an account statement as my online access has been blocked since xmas, and they passed me onto AIC who said contact Debitas (Cap1 inhouse DCA), Debitas say speak to Cap1 accounts, Cap1 accounts say speak to Debitas or AIC.

 

Any Ideas? all I want is an account statement....they have frozen all charges and interest but I want to get £400 worth of interest and charges removed reason for account statement but not having one since xmas is also poor.

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Hi there

 

First, forget all the other losers who have got involved.

 

Also, stop trying to do this on the phone...do everything in writing.

 

As you fell in arrears etc, you will have late fees on the account which you can claim back.

 

Do you have all of your statements? If so we can proceed.

 

We are now going to deal with Cap1 only. So, the statements....do you have them?

 

ims

 

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I have no paper statements they all online for which I do not have access as cap 1 have blocked me, and I am trying to get hold of paper statements but they just keep passing me pilla to post... :/

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Hi there

 

Ok this is what you do.

 

You send a Subject Access Request to Cap1. There is a template in the CAG library and the link is at the top of every CAG page. This will cost you a statutory fee of £10 and they will have 40 days to comply. Amongst the paperwork you receive back will be a full transaction history and this will enable you to establish what the unlawful charges are that have been added to the account.

 

These charges can be claimed back with interest at the rate they were charging you on the account. We will help you with that but get the SAR off first.

 

Has this account been sold to a dca or are the dcas just trying to colect on behalf of Cap1? If the account has been sold you should have received a notice of assignment saying his is the case. Have you received one?

 

What is the value of the debt and how much are you considering paying them with this arrangement you want to make?

 

ims

 

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Hi

DCAs collecting on behalf of and no notice of assignment from Cap1 only from a DCA..... Cap1 not supplied me with any statements in the first place though :/ does it really need a SAR to get these?

 

And its roughly £1170 with £250-£300 of that just charges & interest.

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Hi

DCAs collecting on behalf of and no notice of assignment from Cap1 only from a DCA..... Cap1 not supplied me with any statements in the first place though :/ does it really need a SAR to get these?

 

And its roughly £1170 with £250-£300 of that just charges & interest.

 

If you can't get the statements on line then I can't see any other way of the getting the full picture. Especially as they don't seem to want to communicate with you using normal courtesies.

 

Knowing Cap1 you may well have to sue to get those charges back and for that you will need an accurate claim including interest on those charges.

 

So you had a NoA from the dca saying that they had bought the debt from Cap1?

 

ims

 

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i would suspect it is a lot more than that

 

you will get hit with £24 every month + int on those charges

 

but i'm in the same boat

 

they wont tell me online either

 

have you had the crapquest CCJ letter yet [as if they can as they are only collecting!!]

 

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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So you had a NoA from the dca saying that they had bought the debt from Cap1?

 

I have yes initially from Fredricksons and it got passed back to Cap1 as I told them to bugger off as Cap1 are not talking to me and unwilling to supply statements and Fredricksons said fair shout and left me alone for a couple months. Now AIC have sent a NoA this week......

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Hi there. there is a debt attributed to me that has been passed on many times. I sent a cheque about 3 years ago and it was sent back as sold on again. There is no record of this I beleive. The provider of the loan or Credit Card (I cna't remember what it is) is Arrow Global Limited and the debt is owned by Mackenzie Hall. I have written to them with a template letter to advise of statute barred. And this is where I am really really hoping for some help please folks.

They have written back to me saying call them it is not barred. I am not calling and told them I would only write. Anyway the account on credit file shows no payment from 2004 (shows all defaults for that year) but the default on that credit history shows 15/12/2005. So is it statute barred or not. If not am I right in saying that it may be in December? They have only contacted me recently. I have heard from anyone regarding this for as long as I remember. I found this when I applied to rent a flat when I had to move with my little girl and wouldn't be accepted. I have had to pay 12mths rent nearly £9k to get somewhere to live. Unbelievable. Can anyone help me. I am unsure how to proceed.

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  • 4 weeks later...
Cap1 have now replied after submitting a compaint to the FOS with copies of statements and AIC are collecting on behalf of but Cap1 stil wont talk to me.

 

Hi

 

Ok so the statements have finally arrived. From those it will be possible to prepare your statement showing how much they owe you for charges and interest on those charges.

 

I've attached a spreadsheet you can use for this purpose. Change the APR in the blue section to reflect the APR being charged on your card. In the list section (under the coloured bits), enter the date of the charge, the description and the amount. You only need to complete the three items I have mentioned i.e columns A, B and C.

 

The rest of the calcs are done for you.

 

Then just change your personal data in the blue section and this is your schedule of claim.

 

Send a copy of this sheet together with the preliminary letter demanding refund of the amount shown on the spreadsheet. There is a letter template in the CAG library, the link to which is at the top of every CAG page. Put in the letter that they have 14 days to respond.

 

Regards

 

ims

 

CISheet.xls

 

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  • 1 month later...

Cap1 have taken the case back in house and only included statements upto and including the 25th March but no period after. Cap 1 state that after a default has been issued they are not obliged to send any statements.They also state they cannot unblock my online access until account has been paid off due to it being in a default status.

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  • 4 weeks later...
Ok so the statements have finally arrived. From those it will be possible to prepare your statement showing how much they owe you for charges and interest on those charges.

 

I've attached a spreadsheet you can use for this purpose. Change the APR in the blue section to reflect the APR being charged on your card. In the list section (under the coloured bits), enter the date of the charge, the description and the amount. You only need to complete the three items I have mentioned i.e columns A, B and C.

 

Do I add the interest charged into this spreadsheet aswell? ie X amount of interest charged on this date. Can this also be used again Cataloge Companies?

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Do I add the interest charged into this spreadsheet aswell? ie X amount of interest charged on this date. Can this also be used again Cataloge Companies?

 

Hi

 

You don't need to enter any interest charges on the sheet....only the late payment/over limit fees. The sheet calculates the amount of interest you can claim back from them.

 

Yes it can be used for catalogue company charges/ppi claims

 

ims

 

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  • 3 months later...
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