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    • Thanks London  if I’ve read correctly the questionaire wants me to post his actual name on a public forum… is that correct.  I’ve only had a quick read so far
    • Plenty of success stories, also bear in mind not everyone updates the forum.  Overdale's want you to roll over and pay, without using your enshrined legal right to defend. make you wet yourself in fear that a solicitor will Take you to court, so you will pay up without question. Most people do just that,  but you are lucky that you have found this place and can help you put together a good defence. You should get reading on some other Capital One and Overdale's cases on the forum to get an idea of how it works.  
    • In both versions the three references to "your clients" near the end need to be changed to "you" or "your" as Alliance are not using solicitors, they have sent the LoC themselves. Personally I'd change "Dear ALLIANCE PARKING Litigation Dept" to "Dear Kev".  It would show you'd done your homework, looked up the company, and seen it's a pathetic one-man band rather than having any departments.  The PPCs love to pretend they have some official power and so you should be scared of them - showing you've sussed their sordid games and you're confident about fighting them undermines all this.  In fact that's the whole point of a snotty letter - to show you'd be big trouble for them if they did do court so better to drop you like a hot potato and go and pursue mugs who just give in instead. In the very, very, very, very unlikely case of Kev doing court, it'd be better that he didn't know in advance all the legal arguments you'd be using, so I'd heavily reduce the number of cards being played.
    • Thanx Londoneill get on to it this evening having a read around these forums I can’t seem to find many success stories using your methods. So how successful are these methods or am I just buying time for him  and a ccj will be inevitable in the end. Thanks another question is, will he have to appear at court..? I am not sure he has got it in him
    • Here's a suggested modified version for consideration by the team. (Not sure whether it still gives too much away?)   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you added. Shall we raise the related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding parking periods. Especially with no consideration of section 13 in your own trade association's code of practice and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked, unmanaged over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the above issues and more, with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture a couple of useless ANPR photos. If you insist on continuing this stupid, money grabbing quest, after having all of the above pointed out, we will of course show this letter to the Judge and request “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Signed, "Spot". (Vehicle Keeper's pet Dalmation).
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Capital One/Capquest/Lowell


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Hi Lowwill,

 

I have had 3 letters from them this week, all posted on my Cap 1 thread. I too am waiting for reply to SAR, however they took nearly a month to ask for my signature! I responded accordingly and am now waiting again as they stated that the 40 days would be extended.

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From what I can make of this is that Cap1 are trying to wriggle out of the actions that are taken by their DCA's, hiding behind their interpretation of the relevent laws. I persoanlly would ignore their arguments and file it with all their other junk mail.

 

Do you notice the sentence about them recording/monitoring calls " for training purposes", I wonder if anyone has taken them to task on that, on the grounds of recordings being used as evidence and using the details for purposes other than training ?? Oh I would love the chance if I could get legal aid to take them on....

Keefy (:-)The "Moaner":rolleyes:)Boy

Prepared to take on anyone until I win...................

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Dotty, did you reply to them and giving them a specimen of your usual signature ?

 

I don't want to worry you,but it has been reported that it is beleived they have copied that signature and copied it onto a copy of the agreement and then passed it on to the customer as a copy of the agreement.

 

You do not have to provide them with a sample of your signature, you can just print it (or do as they do, don't sign any letters) or better still, get yourself a copy of Signature Guard, links on the site, and sign your signature on the anti tamper signature strip. It is brilliant the signature is made transparent so that you can see if they have tried to copy and use your signature on any documents. (it only costs £4.00p, well worth every penny, and no I am not on commission, I wish I was, only to donate it back to this wonderful site).

 

If there are any other new members please take this into mind so you don't get used by any company or organisation.

 

If you get anymore letters from them ask on here first what to do, there is a wealth of info and help on this site.

Edited by keefyboy
tranmitted in error before finishing sentance

Keefy (:-)The "Moaner":rolleyes:)Boy

Prepared to take on anyone until I win...................

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Hi Keefyboy,

 

Don't worry, yes I had read about lifting signatures and copying them so sent a signature with a twist, if you get my drift!

 

I did pay my £4 to get a digital signature and despite help from Martin on the site team and another cagger, I have been unable to use it. Something to do with my scanner which only allows me to scan to a pdf file which makes the signature too big.

 

From what I have read on here though, the SAR is the one thing that they can insist on an original signature, anything else that I have sent has been a printed signature on word.

 

Here is my Cap 1 thread if you want to see what they have sent me this week, any suggestions would be greatly appreciated.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/199647-capital-1-cca-request.html

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hi dotty

Up until I got my digital signature I always signed my letter in a different coloured ink each time but I also put a line through it ina different colour to the signature and also made it sometimes through the middle, sometimes corner to corner, always something different, this was they cpould not have copied it without it showing up in some way or another... it worked, and as for SAR, I did sign that one, as above though. They will send you everything to try and get you to start paying again, I personally have had 4 different agreements and each time they have been different, so my arguement is now, which one is the true one ?

 

watch your private message inbox as I am going to tell you something..

 

KB

Keefy (:-)The "Moaner":rolleyes:)Boy

Prepared to take on anyone until I win...................

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  • 2 weeks later...

Happy New Year to all Caggers, well Cap One do not disappoint. The letter below has arrived and while they acknowledge my request for SAR they do not mention it was over 40 days ago. Am I obliged to send a copy of my signature? Can anyone advise me please?

CapOne311209.jpg?t=1262719900

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Happy new year back Lowwill, Hope Christmas was good for you.

 

You could send them something similar to this:

 

http://www.consumeractiongroup.co.uk/forum/getting-out-debt/203089-asking-signature-cca.html#post2214333

 

You will have to edit out CCA (and the laws) and put in DPA

 

I am of the opinion though that you will eventually have to supply something as they can be beliggerent.

 

I would also raise yet another complaint as to why it takes over 40 days to realise they need your signature. That should only take the weak minded fools a matter of seconds to realise and then a couple of days for the letter to get to you.

 

Unfortunately, the Information Commissioner has said that when a creditor has reasonable grounds to request such things, the 40 days does not start until they have the info but I would still complain to them as it took them over 40 days to respond to your initial request. Too long in my opinion.

 

Hope you are both otherwise well :grin:

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Just seen the name on the letter. That just has to be an anagram:D:D

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Lowwill

You could catch them out at their own act, is it a proper signature or is it a computer printed signature ? If so I would send back to them asking that you do not know of this employee of their company and as such you can not accept this as a signature because it is only a printed copied signature. Please will they send a proper letter with a "Signed " not computer printed signature, for you to be able to ensure that it is a real employee of your company from Capital One.

Sorry my suspicious mind is in full working overtime mode.

kb

by the way Happy New Year.

hi Fox....

Keefy (:-)The "Moaner":rolleyes:)Boy

Prepared to take on anyone until I win...................

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Hi Keefy, Hope you had a good time with the family.

I came home for a rest :eek: On the first night home, I slept for 9 hours. The most I have slept in 5 years (in one night of course)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Hi Lowwill,

 

They really do make it up as they go along!

 

I sent SAR to them on 28th September and it took them until 30th October to ask for a signature. The explanation they gave is in their reply on post 54 of my thread.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/199647-capital-1-cca-request.html

 

I sent a 'Signature' to them on 17th November and am still waiting!

 

Sent another complaint letter to them today and will keep writing to them until they respond accordingly. May be a while! :wink:

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prepare a case for damages caused by this harrassment IMO

[sIGPIC][/sIGPIC]....Please don't bother my master 'cos my sister & I might bite you...

 

I DO NOT offer legal advice

-

"I just say what I say because everyone is entitled to my opinion!"

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  • 4 years later...

After all these years I'm back again seeking some advice.

 

gist of the story is Capital One send letter regarding outstanding balance in June 2009.

 

Thanks to this forum I requested details shortly after.

 

Next correspondence was from Capquest telling me they now owned alleged debt.

 

Again thanks to forum letters exchanged and

 

finally Capquest sent the whole package back to Capital One.

 

 

I requested all details which they sent but also requested further proof of my signature.

 

After my SAR request I then wrote and said I was placing the issue in to "Dispute"

 

No response other than request for my signature or copy of my driving licence or passport.

 

I responded to neither request and the date of that letter was 29 December 2009.

 

Now today I receive a letter from Lowell.Portfolio telling me that they now owe the alleged debt

and would I please send them the amount requested or call to set up a plan.

 

Any advice at all would be most welcome.

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A very short to the point letter,

 

Dear bill&ben,

 

This account has been in dispute with the original creditor since 2009, as such no further correspondence will be entered into

regarding this alleged debt. All further communications from yourself, less for confirmation the matter is closed, will be treated

and reported as harassment.

 

Regards.

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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Well guys I'm back. just got home and now a letter purporting to be from Capital One informing me that my account is now owned by Lowell Portfolio l Ltd, but it has in my opinion got Lowell all over it. Very poor photo copy and LOW101 imprint on the edge of the copy. Will send the letter suggested by Bazooka Boo in the morning and then just wait for the flak I guess. Any thoughts please?

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I'm sorry but I'm not sure what you mean. What and where is my credit file? Sorry to sound thick but have never been asked that question before.

Credit Reference Agencies, the 3 main agencies are:

1. Equifax: 30 day free trials available.

2. Experian (Credit Expert as seen on TV) 30 day free trial available.

3. Call Credit.

4. Noddle a free always off shoot of Call Credit.

 

 

Always cancel a free trial well before the 30day trial expires or you will automatically become a subscription customer.

 

 

The agencies collate and record individuals credit/service/ and utility accounts from the companies you deal with the reports are normally updated monthly.

 

 

Defaulted accounts, CCJs and CIFAs and Gone away records are also held.

You will see all your accounts with the status of the account, i.e. defaulted/in arrears / late or missed payments/up to date.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I've always steered clear of the type of sites indicated. Not sure why I guess it is purely ignorance.

However, I've just opened my email programme and some how Lowell Portfolio l have got hold of two of my email addresses and advise me that they hold these on file and would like me to call the number indicated. Equally oddly both their emails are from non reply addresses.

I guess I will wait and see what their response is to my recent letter (see above).

Whatever, thank you all who respond to try and help me.

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I've always steered clear of the type of sites indicated. Not sure why I guess it is purely ignorance.

However, I've just opened my email programme and some how Lowell Portfolio l have got hold of two of my email addresses and advise me that they hold these on file and would like me to call the number indicated. Equally oddly both their emails are from non reply addresses.

I guess I will wait and see what their response is to my recent letter (see above).

Whatever, thank you all who respond to try and help me.

 

 

If you want to challenge companies such as Lowell the CRAs are an invaluable tool, it will prove more difficult to challenge DCAs if you don't keep up to date.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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