Jump to content


  • Tweets

  • Posts

    • Many thanks for the replies and advice!   I what to send this email to the Starbucks CEO and the area manager. Your thoughts would be appreciated.   [email protected] [email protected]   Re: MET Parking PNC at your Starbucks Southgate site   Dear Ms Rayner, / Dear Heather Christie,   I have received a Notice to Keeper regarding a Parking Charge Notice of £100 for the driver parking in the Southgate Park Car Park, otherwise infamously known as the Stanstead Starbucks/McDonalds car park(s).   Issued by: MET Parking Services Ltd Parking Charge Notice Number: XXXXXXXXX Vehicle Registration Number: XXXX XXX Date of Contravention: XX.XX.XXXX Time: XX:XX - XX:XX   After a little research it apears that the driver is not alone in being caught in what is commonly described as a scam, and has featured in the national press and on the mainstream television.   It is a shame that the reputation of Starbucks is being tarnished by this, with your customers leaving the lowest possible reviews on Trustpilot and Trip Advisor at this location, and to be associated with what on the face of it appears to be a doubious and predatory car park management company.   In this instance, during the early hours of the morning the driver required a coffee and parked up outside Starbucks with the intention of purchasing one from yourselves. Unfortunately, you were closed so the driver walked to McDonalds next door and ordered a coffee, and for this I have received the Notice to Keeper.   It is claimed that the car park is two separate car parks (Starbucks/McDonalds). However, there is no barrier or road markings to identity a boundary, and the signage in the car park(s) and outside your property is ambiguous, as such the terms would most likely be deemed unfair and unenforcable under the Consumer Rights Act 2015.   I understand that Starbucks-Euro Garages neither operate or benefit from the charges imposed by MET Parking. However, MET Parking is your client.   Additionally, I understand that the charge amount of £100 had previously been upheld in court due to a ‘legitimate interest in making sure that a car park was run as efficiently as possible to benefit other drivers as well as the local stores, keeping cars from overstaying’.   However, this is not applicable when the shop or store is closed (as was the case here), as there is no legitimate interest. Therefore, the amount demanded is a penalty and is punitive, again contravening the Consumer Rights Act 2015.   As the driver’s intention of the visit was genuine, I would be grateful if you could please instruct your client to cancel this Notice to Keeper/Parking Charge Notice.   Kind regards
    • I received the promised call back from the Saga man today who informed me that the undertakers have decreed it IS a modification and they will need to recalculate a quote individually for me. However it all sounds very arbitrary. The more I think about it, and with help from forum replies, the more I am sure that it is not a modification. If for example the original seatback had become damaged by a spillage or a tear, I would be entitled to replace it with the nearest available part. The problem is when it comes to a payout after an accident, there is no telling what an individual insurer will decide when he notices the change. I am still undecided which of the two best routes to go with, either don't mention the replacement at all, or fill in the quote form without mentioning, and when it comes to buying the insurance over the phone, mention it at the time.
    • Please post up their letter so we understand what they've asked. You need to cover up your name and address and their reference number. HB
    • Hello,  I received the standard letter.  I don't understand No. 3: If this is in relation to a ticket irregularity, then if you were unable to produce a pass because you did not have it with you or if your pass was withdrawn because you were unable to produce a valid photocard to accompany it, please enclose a photocopy of the pass/photocard with your reply. Question: do i enclose my photocard? my partner's freedom pass was confiscated.
    • LFI is spot on. In fact you could sue UKPC for breach of GDPR, as UKPC knew full well right from the start that their case was hopeless.  They should never have asked for your details from the DVLA. Take some time to think if that is a road you want to go down.  
  • 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

claim form for cap1 card received - no clue what to do


jefstudent
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3766 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,

 

i had capital one card in 2004 i think.

 

i was laid out from job in september 2007 and

 

i think i could not afford to pay the monthly premium in november or December.

 

i have since moved alot and couldnot get all debt letters.

 

i just received a ccj claim form on 17 december claiming £7447 figure from me and a response pack to send it back to county court northampton.

 

i got no clue what to do. because i moved i have got not paperwork to prove the debts can be statue barred or not.

 

its giving me 3 options on the claim form to admit the full amount of debt claimed or partial amount or defend the whole claim.

 

if i defend the whole claim as saying statue barred and late court decides its not statue barred then what will happen or please help as its urgent.

 

thanks

Link to post
Share on other sites

Hello and Welcome,

 

I've moved this thread to a more appropriate Forum, hopefully you will get some advice shortly.

 

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

Link to post
Share on other sites

hi ya welcome

 

can you please type out your PoC.

 

get a copy of your credit file that will give you an idea too.

 

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... 

Link to post
Share on other sites

hi ya welcome

 

can you please type out your PoC.

 

get a copy of your credit file that will give you an idea too.

 

dx

 

 

poc? are u referring to the amount with interest it is 7447 pounds. i have checking my credit file but it says on there default on june 2008. but i dont think its right

Link to post
Share on other sites

Poc means particulars of claim. Its stated on the claim form.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

get a cca request off and a cpr 31.14 to the claimant.

watch your timings too.

 

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... 

Link to post
Share on other sites

HI,

 

Claim was issued on 17th Dec;2013 by Northampton court by Bryan carter solicitor on behalf of Lowel portfolio I ltd for total sum including interest £7447, and i have submitted my acknowledgement on 22nd Dec;2013.

 

CPR and CCA requests have been sent and received on 24th Dec.

 

Now how can i prepare for my defense please advise.

 

thanks

Link to post
Share on other sites

You have plenty of time to form a defence. Enjoy christmas and come back after for more info. This site will be fairly quite over the next few days.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Change that, i just re-read the thread. WHen was the last time you made a payment to the account and/or made express written acknowledgement of the debt? It very much sounds like it is SB. Even a court wont decide against it if it is. If the claimant tries to say otherwise, it is up to THEM to provide full and complete proof.

 

Get those dates checked, and come back.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

If it is statute barred will all depend on the contract but once you have the CPR request back along with the CCA request then add it to your defence. Remember the recording of the default has nothing to do with the issuing of the DN.

 

It does sound very borderline to me however the CPR and CCA request should be of some assistance . Remember that if they do not respond to the CPR request you can ask for the claim to be struck out.

 

http://consumercreditlitigationanddebtcollection.wordpress.com/

Any opinion I give is from personal experience .

Link to post
Share on other sites

It will depend entirely on whether the terms of the Act are met, the contractual terms cannot oust the limitation period.

 

Fletch is correct.

 

The breach of contract( failure to meat a payment)would start the process which leads to its eventual termination, and subsequent demand of repayment of the loan.

The latter would be the cause of action.

Generally there is clause on the contract that says how and when this process takes place.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

Lets not start this argument again :(

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Lets not start this argument again :(

 

 

It was a simple statement of fact :)

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

Maybe so DB, but its better ti nip it in the bud. We've seen what happened in the last few threads when this cropped up. Anyway, back to the OP's issue now....

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Maybe so DB, but its better ti nip it in the bud. We've seen what happened in the last few threads when this cropped up. Anyway, back to the OP's issue now....

 

I thought the SB situation was the Issue ?

 

If there has been no acknowledgment this would be six years form the demand for payment on the terminated account.

 

the sol

3)Where a demand in writing for repayment of the debt under a contract of loan to which this section applies is made by or on behalf of the creditor (or, where there are joint creditors, by or on behalf of any one of them) section 5 of this Act shall thereupon apply as if the cause of action to recover the debt had accrued on the date on which the demand was made.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

s6 (3) limi act? only applies to contracts of loan that are subject to s6. ie s6 (2)

 

Correct

 

Open ended with not fixed termination date and no contractual facility for repayment on demand(credit card) is this not the OPs account.

 

Not that it matters because the same principle applies to section 5.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

.....

Not that it matters because the same principle applies to section 5.

 

 

no it doesn't. s6 (3) only applies to s6 loans.

Edited by Ford
Link to post
Share on other sites

no it doesn't. s6 only applies to s6 loans.

 

I suggest you re -read the section.

 

 

The situation has always been that COA starts from the demand for payment, in a section 5 simple contract this would be upon termination , section 6 catches agreements that do not have a termination date.

 

This for BMW

 

This expression "cause of action" has been repeatedly the subject

of decision, and it has been held particularly in Hemp v. Garland 4 QB

519, decided in 1843, that the cause of action arises at the time when

the debt could first have been recovered by action. The right to bring

an action may arise on various events, but it has always been held that

the statute runs from the earliest time at which an action could be

brought.

 

The comment was a general one, but applicable to all contracts.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

no it doesn't. s6 only applies to s6 loans.

 

Going off topic, as the OP said it was a credit card and therefore section 6 does apply. :)

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

re #21

looks like you need to re read and interpret things properly.

outside of s6 it is simple contract as per s5. s6 (3) only applies to s6 loans. stop quoting s6 (3) as general application.

incorrect for you to state that coa always starts from demand for payment. and that was even said in Bmw. each case turns on its own facts. re a cred card the usual cause (depends what they rely on) is the missed payments in breach, as is stated in the subsequent def notice.

bmw is easily distinguishable on the facts, as was said in that case itself. yes, an action is on the basis of the breach. thats when they can do as they do. the dn is the procedural formality re that breach that they rely on. the dn gives the debtor an opportunity to remedy the breach, if not remedied then the cred continues re the breach ie the cause.

re #22 a cred card contract is not a loan contract, and therefore s6 does not apply to cr cards.

adieu. :) and happy xmas to all.

Edited by Ford
Offensive
Link to post
Share on other sites

As said earlier this is going to be borderline, it is as well to claim that the action is statute barred of course as this reverses the burden of proof, however the COA will run from the demand for repayment as triggered by the term of the agreement and the termination of contract.

 

If the last payments missed were in November and December 2007 this will mean that the agreement may well not have been terminated and demand not been made till some time later, as said bests wait and see but for warned is for armed.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

All I was trying to say is that you need to take into account what is in the contract as well as the requests for payments etc happen. As the first missed payment was possibly sometime in the Nov and I know from my own Cap1 card they say they usually write to you asking for the payment and give you 30 days to make it right this could be very borderline. Depends on date payment was due and the wording of the contract. I think we have dismissed the last payment scenario as being relevant in THIS case

Any opinion I give is from personal experience .

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...