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    • Thanks for posting up the answers so quickly.   You are slightly wrong in Law that not seeing a notice is virtually a get out of jail card. Were it the case, then every motorist would say they hadn't seen the signs . Of course the signs have to be situated where motorists can see them and the font size has to be big enough to read-perhaps from a moving car so you still have options there-especially if it is a new car park and the bugs haven't been sorted out yet.   Are you close enough to get photos from the car park? especially at the entrance and the payment machine but also other dotted around the car park and any that have different terms on their sign compared to others. try not to get a PCN if you do. If you know someone in Berwick they could send you some pictures. It might cost you a dram but saves your petrol-and maybe your bacon.   You haven't posted the PCN that you should have received from PE after the Finance company gave them your name. Did you receive  a Notice to Driver  -something similar to the one sent to the Finance company.after the Finance company reported you.  No I don't mean the crap you received from DCBL:.   The reason we advise not to appeal is that in doing so the motorist often gives away the fact that they were the driver when they are appealing as the keeper.  Under the Protection of Freedoms Act 2012 if the PCN is not compliant, the keeper cannot be held liable for the alleged debt. And even if the keeper and driver are the same person, should the case ever get to Court PE cannot assume that the driver and keeper are the same person.    If you have given away that you are the keeper and the driver it is not fatal as there usually other things that  can be challenged and won but it is best practice not to appeal in the first place.    
    • That was over very quickly.   Whilst the claimants legal representative was going through the witness statement the judge highlighted that the statement of truth was out of date.    During my time to talk I highlighted that the judge from the allocation to small claims track had requested that the claimant also sends through the signed agreement (that the statement of truth references) by both company directors with witnesses present. It was noted that this hadn't been done.    I am very happy to announce the judge was then quick to dismiss the case, all this taking place within 15 minutes. The judge also highlighted the discrepancy between the signage of 1hour and 1hour and 30 mins (which I received during the freedom of information request) to which the legal representative admitted he had not seen. The fleecers hadn't forwarded on the freedom of information request or my witness statement/defence to him.    Speaking with the legal representative before the case he had asked if he could look over my defence, I was reluctant to let him look before the case but was curious to what defence he could conjure in 5minutes so I accepted. He then said that he would ask the judge for proof that I had sent my defence in good time, I showed him (before the hearing) an email I sent on the 6th April that I had infact sent it to DCB Legal, after this he did not mention it in court. It was clear that he had received very little information in regards to the case this was something he conceded at the end.    The judge asked for any final words and I brought up the topic of exceptional expenses due to the nature of the case being so definite. Also wasting everyone's time in the court room, the fleecers should be given the harshest penalty. She advised that I had not submitted a counter claim and that the maximum would be £95 for loss of earnings expenses.  We then proceeded to work out how much my salary was etc and the fleecers legal rep accepted I should be awarded the maximum.   I would like to thank you all for your help and time with sorting through this with me! Once the expenses have been paid I will make a donation the the page!!! Thanks again!!!  
    • Dropped forms off at court, was hoping they’d check them for me but just had to post them. So no fee paid also no case  number on the form as I assumed they’d fill it out. Hopefully all is ok, I did add a sticky note with my number on asking to call for fees or any problems so hopefully be ok.   Also posted SAR yesterday and already had an email acknowledging the request.   My 7 days to agree to the consent order is now up. Not heard anything from moneybarn yet though.   I know it’s not required but I’m unsure if I should tell them I’ve applied for a time order?
    • You can always rely on DCBL to charge an extra amount  over and above what is actually lawful. I wonder if PE knows about it since most of their other legal [in the widest possible sense] companies don't.   After 14 days DCBL will probably send you a final notice before Court and then another couple of final letters at least after that. I often wonder why PE use the dimmest kids on the block to send out their legal documents. Then I realised that it is extremely difficult to distinguish which of their legal companies is actually the dimmest.
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Capital One Upheld - Lower Than Expected


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My other half put in a speculative letter/claim for a PPI refund from Capital One when she had her credit card with them between 2007 - 2009.

 

She paid the account in full and closed it in 2009.

Her original credit limit was only £200.

 

She's had a letter back today upholding her complaint and an offer of £41.68 as a refund.

This amount was a lot less than expected to be fair.

 

They have made the following calculations:

 

£29.71 - Premiums

£1.11 - Associated Interest

£13.57 - Interest @ 8%

£2.71 - Deduction on 8% interest (Basic Rate Income Tax)

 

Now I told my other half to submit a SAR before making a claim so we could work out roughly how much she was owed,

but she didn't do this and this offer seems derisory and lower than she expected.

 

Is there anything that can be done at all?

 

I am tempted to send a 'thanks but no thanks' letter and add compensation to this amount.

 

I'm also thinking that they haven't calculated the interest @ 8% correctly.

 

It doesn't say if the 8% interest is per annum in which case is she entitled to 8% for every year since her account has been settled (2009)?

 

Thanks in advance.

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8% PA on the total from account closure

 

ppi at their int rate from each monthly levy of it.till closure

 

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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The key to this one will be whether the premiums and associated interest are correct.

 

If they are then the 8% might be about right.

 

For example, if the account was closed mid 2009 and paid off, the difference between the reconstructed balance and the balance actually paid would be £29.71 + £1.11 = £30.82.

 

8% simple on that amount for 4.5 years until now would be some £11.16.

 

There may be a couple of quid of interest accrued due to the card being in credit for some months when the PPI was removed and the account reconstructed.

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1. Single Premium PPI Q&A Read Here

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6. Staying Calm About Debt

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If they are correct is she entitled to reject the offer and add compensation to the amount for her time and effort she had to put in? I don't want her to take the mickey, but I feel as though she is entitled to slightly more than they have offered her.

 

Am I also right in thinking that she should get interest up until the point she became aware of and applied for a refund based on the mis-sale? So regardless if the card was paid off and closed in 2009 she should be entitled to 8% interest up until Dec 2013.

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If they are correct is she entitled to reject the offer and add compensation to the amount for her time and effort she had to put in? I don't want her to take the mickey, but I feel as though she is entitled to slightly more than they have offered her.

 

Am I also right in thinking that she should get interest up until the point she became aware of and applied for a refund based on the mis-sale? So regardless if the card was paid off and closed in 2009 she should be entitled to 8% interest up until Dec 2013.

 

You said this in the opening post...

 

My other half put in a speculative letter/claim

 

Which indicates that only a letter was sent. What other time and effort was put in?

 

In any event, in an upheld claim the lender is only required to give back the premiums, the associated contractual interest and the appropriate amount of 8% compensatory interest (which is a better return than would be payable if it were in a bank, building society or many other places).

 

There is nothing to stop you asking but I would be extremely surprised if you get any more, assuming their calculations are correct.

 

I would not reject their offer though...if you are going to ask for more then do it without rejecting.

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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You said this in the opening post...

 

 

 

Which indicates that only a letter was sent. What other time and effort was put in?

 

In any event, in an upheld claim the lender is only required to give back the premiums, the associated contractual interest and the appropriate amount of 8% compensatory interest (which is a better return than would be payable if it were in a bank, building society or many other places).

 

There is nothing to stop you asking but I would be extremely surprised if you get any more, assuming their calculations are correct.

 

I would not reject their offer though...if you are going to ask for more then do it without rejecting.

 

This sums it up perfectly.

 

If the credit limit was only £200 as the OP has stated and bearing in mind that most PPI was a maximum of £1 per £100 on the card then even if it had been maxed out for the full two years, that would only be £48 in premiums. The comments above are accurate as regards statutory interest.

 

The OP can ask for the monthly premium breakdown or even request the statements. However, it is solely based on how much the individual has paid.

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If they are correct is she entitled to reject the offer and add compensation to the amount for her time and effort she had to put in? I don't want her to take the mickey, but I feel as though she is entitled to slightly more than they have offered her.

 

Am I also right in thinking that she should get interest up until the point she became aware of and applied for a refund based on the mis-sale? So regardless if the card was paid off and closed in 2009 she should be entitled to 8% interest up until Dec 2013.

 

Entitled on what grounds? All you are entitled to in the event of an upheld complaint is what has been paid and the relevant interest/FOS 8% where applicable.

 

Again, the comments above are accurate. Since the opening post implies that the complaint was simply sent on the "off chance" basis (plus for this amount of money there won't have been a very detailed investigation done) I'd just accept it and have done with it. Or otherwise ask for a breakdown/statements as per my previous post.

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