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    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
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    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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Capital One Credit Card Debt - Fredericksons now on the scene!!


bezzy0_0
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well not misleading has such,i am quite aware that they have satisfied my cca request with there reconstructred copies, but my question was that they are very reluctant to answer any question put to them direcly to do with cputr 2008 (which makes very suspious off them- why dont they answer) , if they had an enforcible cca would it not be so simple to state that in a reply, esp that i am asking do they currently have properly executed original cca, has my agreements are around 9 to 10 years old.

 

That's the whole point.

You need to stop pushing.... and learn to leave things alone.

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That's the whole point.

You need to stop pushing.... and learn to leave things alone.

 

thanks prio1, has always appreciated,great advice of which i will follow for now,thats what i am going to do sit tight, until or if they try to enforce the agreement at some point,its taking a long time to sink in with me that bit , like to be active, but clearly unnec at this time .

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have credit card debt with cap one which i have only just stop paying on due to dispute, so not statute barred , was sold to lowells beginning of this year, lowells state in writing recently

 

quote,at the point of purchase of the account was assigned all the rights and benefits associated with the account.

 

never acknowledged any debt to lowells, or paid them anything other than the £1 cca request which they returned copies of cca what cap one sent me, an application etc..

 

they also go on state in writing that quote:

we can advise that there is no contract between lower portfolio 1 and you.the agreement that effectively makes you liable for the debt is between you and cap 1 is this a simple assignment then?

cap 1 never terminated my agreement even though it was defaulted back in 08, is there anything i should be noticing in there response letter, i am dealing with cap 1 regardlesss of attempts of lowells to get me on board with them, i have charges too reclaim back etc.

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Hi Bez.At this stage the most important item is to reclaim as many charges as you can with Cap1

 

Letter of Assignment can be a simple letter from both parties stating Cap1 sold debt to Lowell and Lowell send a similar letter stating they now own the debt and all rights and benefits etc,Lowells are correct in as much as they do not have to produce a new agreement you are bound by the original agreement with Cap1( in the past I went down this route,or at least had a go,but the site legal eagles said very much the same as I have quoted)

 

As long as you have a letter of Assignment from both parties although the wording of Lowells Assignment has to be correct if you can post the letter up or quote it word for word,we can then tell you which type of Assignment you have and if it is OK(got to say they usually are)

 

Regards FS

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Hi bez

 

You should be claiming back the Penalty Charges with Compounded Contractual Interest. You should be saying to lowell to return the account back to Cap One so the dispute can be resolved. You can send a SAR Request with £10 they will send you all the data they have on the account including statements.

 

Read (1) (2) and (3) in my signature.

 

Heres a spreadsheet for Penalty Charges.

 

http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

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Hi Bez.At this stage the most important item is to reclaim as many charges as you can with Cap1 will get on this has soon has.

 

Letter of Assignment can be a simple letter from both parties stating Cap1 sold debt to Lowell and Lowell send a similar letter stating they now own the debt and all rights and benefits etc,Lowells are correct in as much as they do not have to produce a new agreement you are bound by the original agreement with Cap1( in the past I went down this route,or at least had a go,but the site legal eagles said very much the same as I have quoted)

 

As long as you have a letter of Assignment from both parties although the wording of Lowells Assignment has to be correct if you can post the letter up or quote it word for word,we can then tell you which type of Assignment you have and if it is OK(got to say they usually are)

 

Regards FS

never received a assignment letter from either party, although lowells have sent recenly a copy of what was sent , i have not pushed for proof of posting on that yet, wanted to keep it for later ,if there is any benefit to that course of action?just recived this copy what they alledglly sent melowellrevised1.jpg

lowell revised 1.jpg

Edited by bezzy0_0
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scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

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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You gotta love Lowlifes optimism! "Your outstanding balance was sold to us and we will be collecting what you owe"

Ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha (breath) ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha...............I'd frame that and hang it in the bathroom above the toilet!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi bez

 

You should be claiming back the Penalty Charges with Compounded Contractual Interest. You should be saying to lowell to return the account back to Cap One so the dispute can be resolved. You can send a SAR Request with £10 they will send you all the data they have on the account including statements.

 

Read (1) (2) and (3) in my signature.

 

 

Heres a spreadsheet for Penalty Charges.

 

http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

 

thanks for reply , appreciated, i have already sar'd cap one, had final response letter from them, have 6 mths to complain to fos if i want to, i have around £240 excluding any charges added to claim for ,the apr on the interest calc you have provide on link below is at 29.9%, have i got to alter this?do i fill in the spreadsheet , and plus sent a cover letter to them too , is there one you could suggest to accompany the charges sheet?

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yes you change the apr to yours

 

yes input all your charges late/over/missed etc etc

 

have a read of a few other threads in this forum, you'll soon get the idea

 

the more you read the stronger we become

 

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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hello dx , dont think my pc likes that spreadsheet much , freezing, can you tell me how to use this not familur at all in using it , i filled boxes obvious boxes in and named charges what for , dont know how to make it add it to total it, i added dates in each box , does it add days in days box automatically? on my statements which i stopped receiving on defaulted where do i retreive interest percentage info , there's cash withdrawal purchase, purchase interest etc monthly, and is variable on lots of last statements, which do i use, forgot to add there are up to x10 £12 late fees added on there rest are £20, is that correct or wont they accept them?

Edited by bezzy0_0
missed out somthing
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purchase int use that

 

make sure you re-name and then save as a blank first - a newly download copy of the spreadsheet

then close excel

and open up the blank copy

dont type in the download one directly.

 

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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purchase int use that

 

make sure you re-name and then save as a blank first - a newly download copy of the spreadsheet

then close excel

and open up the blank copy

dont type in the download one directly.

 

dx

 

thanks , give it a go ,not great with software use

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lowell portfolio 1 sent this the other day, i have acknowledge no debt to them although there is a payment recieved on the reverse side of the statement this was payed to cap one bank account has always through internet banking (stopped paying cap 1 now though and still ongoing dispute over cca), cap 1 have not terminated my account, lowell statement seem misleading to look like your paying them, if you look in bottom left corner of letter highlighted in yellow band across bottom of lowells statement :frequently asked questions:

quote ;we have an obligation to send statementS annually,

We are continued required to send A statement question:how many statements do they send annually the latter implies one only, the reason i ask is, that my last letter sent to them was in relation to any more irrelevant letters other than actual compliance with my cca and dispute ongoing with OC cap 1 whom deny and bury there head in the sand has to any dispute(usual tactics then) i had to asnwer other than a summons or closure will be dealt with a £35 compensation fee , they have already ignored this by sending me an irrelevant letter £35 charge added to by N1 pending to send, dont suppose i should charge them for the statement letter they sent then , however another £35 will be will be added if the statements only supposed be annually, and not a quartly , there timing against my wishes seems testing to me, also there statement shows payment. i have no account with lowell eevn though there alledgly sent me a noa , i believe they have a simple assignment has they have to keep asking for items from cap 1 , so i basically get identical copies from thre oc and the dca, any advice always appeciated

 

P1010194lowellportfolio1statement.jpg

 

P1010195oftlowellssentwithstatement.jpg

Edited by bezzy0_0
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Any chance you can paragraph your posts, it just make it much easier to read and digest.

 

Right now I have no Idea what you require help with??

 

What is the original debt? Credit card?

 

How much?

 

When did you take this agreement out? And when did you last pay anything towards it?

 

Did you receive a Notice of Assignment from the original creditor (OC) informing you that they were going to use a 3rd party DCA? And did you receive a letter from the DCA stating that they had been employed to chase this alleged debt?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Any chance you can paragraph your posts, it just make it much easier to read and digest.

 

Right now I have no Idea what you require help with??

 

What is the original debt? Credit card?

 

How much?

 

When did you take this agreement out? And when did you last pay anything towards it?

 

Did you receive a Notice of Assignment from the original creditor (OC) informing you that they were going to use a 3rd party DCA? And did you receive a letter from the DCA stating that they had been employed to chase this alleged debt?

 

Any chance you can paragraph your posts, it just make it much easier to read and digest. will do.

 

Right now I have no Idea what you require help with?? ok, how often do dca have to send out statements of account?

 

i had sent off my sar to cap1 and they have sent me back short application form, another application and some printed a4 sheets with it (i will post up all shortly to follow this message)

 

my original statements at home shows 1999 start under a different account number then the current one, there copies sent back to me under sar shows my statement details of 1999 /2000 within the the current account number,if that makes sense? no mention of the original account number?

 

the current account number in dispute over cca

 

What is the original debt? Credit card? 2k, credit card, mentioned in post 1,OC cap1

 

When did you take this agreement out? And when did you last pay anything towards it? 1999/2000,last payment made april 2011.

 

Did you receive a Notice of Assignment from the original creditor (OC) informing you that they were going to use a 3rd party DCA? And did you receive a letter from the DCA stating that they had been employed to chase this alleged debt? no, never received anything from oc, and no, never received anything from dca either , although dca (lowell) have sent me a copy of what they had alledgely sent me.

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Statements of account are sent annually.

 

So did they update the account, or issue you with a new card?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Statements of account are sent annually.

 

So did they update the account, or issue you with a new card?

 

Statements of account are sent annually. thanks for that ,well lowell's then should not be sending me any more then till may 2012 then,got enough junk already:-)

 

 

So did they update the account, or issue you with a new card? not really sure on this, looking at sar?:???:

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Just trying to reason why they would have two different account numbers that's all?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Just trying to reason why they would have two different account numbers that's all?

there are 10 statements below showing snapshots of type of card each year and rates etc starting with 1st one at year 1999 up to 08 default:

has there are three different account numbers confused which was from ORIGINAL AGGREEMENT, have sar info from last current account account i had defaulted 08.

 

this 1st pic is from previous address and was a differnt account number 1999

 

P1010247capitalone1st.jpg

 

2nd pic is from current address and differnt account number, premier visa card, year 2000-2001

 

P1010248cap1state2.jpg

 

3rd pic is current address,current account number ,premier visa card year 2001

 

P1010249cap1state3amend.jpg

 

4th pic is curent address, current account number,premier visa card, year 2002

 

P1010250cap1state4.jpg

 

5th pic is current address, current account number and a gold card year 2003

 

P1010251cap1state5.jpg

 

6th pic is current address, current account number, cap one platinum dolphin visa card, year 2004

 

P1010252cap1state6.jpg

 

7th pic is current address, current account, plat dolphin card, year 2005

 

P1010253cap1state7.jpg

 

8th pic is current address, current account number, cap one platinum dolphin card and year 2006

 

P1010254cap1state8.jpg

 

9th pic is current address, current account number, one visa card, year 2007

 

 

P1010256cap1state10.jpg

 

10th pic is current address, current account, cap one visa card and year 08 defaulted thereafter this month

P1010255cap1state9.jpg

 

WHAT I AM UNSURE ABOUT NOW IS WHEN WAS THE ORIGINAL AGREEMENT?:???:

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I don't understand why it goes from a Platinum card to a Gold card then to a Platinum Dolphin card and then to a Visa card??

 

So in your SAR is there a document that is either an application form or preferably one with the original agreement you would have signed in order to take the card out?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I don't understand why it goes from a Platinum card to a Gold card then to a Platinum Dolphin card and then to a Visa card??

 

So in your SAR is there a document that is either an application form or preferably one with the original agreement you would have signed in order to take the card out?

 

I don't understand why it goes from a Platinum card to a Gold card then to a Platinum Dolphin card and then to a Visa card?? i dont understand either maybe someone of site team could look at to advise?

 

So in your SAR is there a document that is either an application form or preferably one with the original agreement you would have signed in order to take the card out? see below of original short application in the name box top left a a 16 digit number which i assume is the account numer of this agreement also on very botttom of page to right blanked out,

 

in the cca agreement part at bottom small print states: please issue me with a platinum card and further in on reading, i can just about read broken print about may issues of a premier card?

 

P1010257ORIGINALwindmilldifferentaccountnumber.jpg

 

P1010258CAP11ST.jpg

 

P1010259CAP12ND.jpg

 

P1010260CAP13RD.jpg

 

P1010261CAP14TH.jpg

 

P1010262CAP15TH.jpg

 

P1010263CAP16TH.jpg

 

P1010264CAP17TH.jpg

 

P1010265CAP18TH.jpg

 

P1010266CAP19TH.jpg

 

P1010267CAP110TH.jpg

 

P1010268CAP111TH.jpg

 

P1010269CAP112TH.jpg

 

P1010270CAP113TH.jpg

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