Jump to content


  • Tweets

  • Posts

    • Items for sale include five rare Ferraris and a pair of Air Jordan sneakers signed by Michael Jordan.View the full article
    • TECHZONE BUXTON LTD overview - Find and update company information - GOV.UK FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK TECHZONE BUXTON LTD - Free company information from Companies House including registered office address, filing history, accounts, annual... thread title updated. dx
    • next time dont upload 19 single page pdfs use the sites listed on upload to merge them into one multipage pdf.. we aint got all day to download load single page files 2024-01-15 DBCLegal SAR.pdf
    • If you have not kept the original PCN you can always send an SAR to Excel and they have to send you all the info they have on you within a month. failure to do so can lead to you being able to sue them for their failure.......................................nice irony.
    • Thank you and well done  for posting up all those notices it must have have taken you ages.. The entrance sign is very helpful since the headline states                    FREE PARKING FOR CUSTOMERS ONLY in capitals with not time limit mentioned. Underneath and not in capitals they then give the actual times of parking which would not be possible to read when driving into the car park unless you actually stopped and read them. Very unlikely especially arriving at 5.30 pm with possibly other cars behind. On top of that the Notice goes on to say that the terms and conditions are inside the car park so the entrance sign cannot offer a contract it is merely an offer to treat. Inside the car park the signs are mostly too high up and the font size too small to be able to read much of their signs. DCBL have not shown a single sign that can be read on their SAR. Although as they show photographs which were taken the year after your alleged breach we do not know what the signs were when you were there. For instance the new signs showed the charge was then £100 whereas your PCN was for £85. Who knows, when you were there perhaps the time was for 3 hours. They were asked to produce  planning permission which would have been necessary for the ANPR cameras alone and didn't do so. Nor did they provide a copy of the contract-DCBL  "deeming them disproportionate or not relevant to the substantive issues in the dispute" How arrogant and untruthful is that? The contract and planning permission could be vital to having the claim thrown out. I can find no trace of planning permission for the signs nor the cameras on Tonbridge Council planning portal. and the contract of course is highly relevant since some contracts advise the parking rouges that they cannot take motorists to Court. I understand that Europarks are now running that car park which means that nexus didn't  last long before being thrown out.....................................
  • 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

Capital one


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3326 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 All,

 

Have just received a letter at my address in New Zealand from Capital One, they start the letter. " I am writing to advise you that your account is no longer being managed by the Debt Collection Agency who were acting on behalf of Capital One, your account has now been returned to Capital One ".

 

Is this normal behaviour for a creditor to farm out the debt on a short term basis and if they have no luck in getting any payments from the debtor they send it back? How long does it normally take for the creditor to sell the debt to a DCA on a permanent basis?

 

Keep up the good work.

 

Regards

Link to post
Share on other sites

 

Is this normal behaviour for a creditor to farm out the debt on a short term basis and if they have no luck in getting any payments from the debtor they send it back? How long does it normally take for the creditor to sell the debt to a DCA on a permanent basis?

 

 

Yes they will keep farming it out to various DCA's or may sell it on at some stage. I am not sure that there is a standard process. They probably have so many debts on different accounts, that they do not look at individual debts that much. Logic would think that they would see a foreign address and put that on a list for international debt collection. But I doubt that will happen, as they may not want it recorded that you are abroad ( it could reduce the price). A relative of mine moved abroad and several debt companies knew their address abroad, but they never appeared to pass it on to other DCA's when debts were passed on or sold. So they then sent letters to the last known address which happened to be mine, as I stupidly allowed my address to be used as a forwarding address.

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

DCAs are loathed to try and collect difficult debts which will cost them too much time, energy & money.

 

It could have been passed back to the original creditor for a couple of reasons but usually it's because they were only acting on their behalf. They will only try for a couple of months then pass the portfolio of debts back which will either be passed on again further down the food-chain or sold for a fraction of it's value and then tax relief claimed on it.

Link to post
Share on other sites

They probably won't have a copy of the application then, they lost a lot of the early applications and a lot of the others they have from this time are scanned copies of a blank form with your signature and a stamped signature on their behalf.

 

I had a similar scenario with them to yours - sent the DCA the prove it letter got a letter from them saying they were handing it back. Heard nothing for a while then got a letter from Crap 1 saying they were handling the account again that was around February 2011 - I've heard nothing since (touch wood)

Link to post
Share on other sites

  • 3 years later...

Had a letter from Capital One today, first letter in 3 years. "Statement of Activity", goes on to say "summary of activity on your account in the last 6 months, together with outstanding balance". Then it goes on to say if I have made a payment arrangement no further action need be taken, if I have no payment arrangement please call them on the number below.

 

Not sure why they have decided after 3 years to send a balance of statement for the last six months. Surely they must know that I have not made any "payment arrangement" with them. Don't know what there game is now but they can have more radio silence from me.

Link to post
Share on other sites

Had a letter from Capital One today, first letter in 3 years. "Statement of Activity", goes on to say "summary of activity on your account in the last 6 months, together with outstanding balance". Then it goes on to say if I have made a payment arrangement no further action need be taken, if I have no payment arrangement please call them on the number below.

 

Not sure why they have decided after 3 years to send a balance of statement for the last six months. Surely they must know that I have not made any "payment arrangement" with them. Don't know what there game is now but they can have more radio silence from me.

 

Sounds like preparation for the debt being sold to debt collectors. These companies appear to hold onto debts for a few years, before they sell them on. I guess that they now think payment is unlikely, so time to sell the debt on. The letter is so that they can evidence to any debt buyer that they have written recently.

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

Thanks for that . Looks like I'll have more letters soon from a different collection agency, doubt they'll have any success either.

 

It will just be more hassle, due to the volume of communications. If you are in Ireland with this being a UK debt, I believe they could go to a court in Ireland, as there is a cross border agreement. This is down the historic links between the countries and people moving between them. Just something to be aware of, as some debt collection agencies might be more willing to look at this, when Cap1 would not have bothered. But not many debts are enforced using foreign courts, because it usually means incurring costs, which they might not get back.

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

It will just be more hassle, due to the volume of communications. If you are in Ireland with this being a UK debt, I believe they could go to a court in Ireland, as there is a cross border agreement. This is down the historic links between the countries and people moving between them. Just something to be aware of, as some debt collection agencies might be more willing to look at this, when Cap1 would not have bothered. But not many debts are enforced using foreign courts, because it usually means incurring costs, which they might not get back.

 

How could they go for a EEO as they did not get a CCJ before I left the UK?

Link to post
Share on other sites

How could they go for a EEO as they did not get a CCJ before I left the UK?

 

It would not be an EEO. I am sure I have read that UK/Irish courts have an agreement, where people can go directly to the court where the debtor is resident, be it UK or Ireland. I believe this is due to the nature of UK/Ireland links, where people move between the two countries.

 

But get local legal advice, if there is any such move.

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

It would not be an EEO. I am sure I have read that UK/Irish courts have an agreement, where people can go directly to the court where the debtor is resident, be it UK or Ireland. I believe this is due to the nature of UK/Ireland links, where people move between the two countries.

 

But get local legal advice, if there is any such move.

http://businessandlegal.ie/enforcing-uk-debt-in-ireland-debt-collection-in-ireland-for-uk-creditors

Link to post
Share on other sites

 

That seems to confirm the position.

 

Perhaps what I read relates to Northern Ireland and Ireland, because N.Ireland has a different legal system. Because they share the same island, with people crossing between the two parts on a daily perhaps it makes sense to have a different system for debts.

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

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...