Jump to content


  • Tweets

  • Posts

    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (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 does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
  • 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

BW/Lowell claimform - old CapitalOne 'debt'***Claim Discontinued***


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

Thread Locked

because no one has posted on it for the last 3274 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

Hello All,

 

I need some advice on how to proceed. I will seek to outline as much as I can below

 

In July 2008 I fell into financial difficulty when I lost an IT contract and struggled to pay all my bills including my credit card bill with Capital One.

 

 

I thought no big problem here,

 

 

I have PPI and will claim... Big Mistake.

 

 

They didn't pay out as PPI wasn't for people in my situation i.e Self-employed.

 

 

Suffice to say the account went into default in Nov 2008 for £680.

 

 

I commenced my pursuit to get

i.)the default removed

ii.) PPI repaid for mis-selling.

 

Capital One ignored me for years even and sold debt to Lowell in Jan 2011.

I never acknowledged debt with Lowell instead directed them to CO as an account in dispute.

 

 

In 2013 CO admitted misselling and refunded PPI payments to the tune of £340 and promised to notify Lowell accordingly.

 

I didn't hear from Lowell until recently when BW Legal contacted me to say they intended to initiate legal proceedings.

 

 

I have today received a N1CPC claim form from the County Court in Northampton for £384 (Court Fees - £35, Solicitor's cost £50) totalling £469.82.

 

I do not want a CCJ on my file as I'm trying to rebuild my life and I don't believe I BW legal or Lowell are acting within the law.

 

What options are available to me?

 

 

I feel like this is Blackmail just as the account is about to become statute barred.

 

Many Thanks

Link to post
Share on other sites

  • Replies 152
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi bgizzle and welcome to CAG

 

If you could read and complete the following posting your responses here and we can advise accordingly...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

 

Regards

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Thank You andyorch for swift response.

 

Name of the Claimant ? Lowell Portfolio 1 Ltd

Date of issue – 29 SEP 2014 top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge)

= XX + 14 days to submit defence = XX (33 days in total)

 

 

- 17 OCT 2014 + 14 = 31 OCT 2014

 

 

What is the claim for – the reason they have issued the claim?

Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

The Claimants claim is for the Sum of 384.82

being monies due from the defendant to the claimant

under a financial services agreement regulated by the Consumer Credit Act 1974

between the defendant and Capital One (Europe) PLC

under account XXXXX and assigned to the claimant on 03/02/2011

notice of which has been given to the defendant.

The defendant failed to maintain the contractual payment under the terms of the agreement

and a default notice has been served and not complied with.

The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum

(a daily rate of 0.08 from the date of assignment of the agreement to the date of issue () being 29.28

 

What is the value of the claim? 384.82

Is the claim for a current or credit/loan account or mobile phone account? Credit account

When did you enter into the original agreement before or after 2007? before 2007

Has the claim been issued by the original creditor or was the account assigned

and it is the Debt purchaser who has issued the claim. Debt Purchaser issued claim

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

Did you receive a Default Notice from the original creditor? Yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments:- Financial difficulties

 

Was there a dispute with the original creditor that remains unresolved?

Yes Partially resolved. Original creditor admits PPI was missold but appears not to have removed default from Credit file as requested.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? Yes

I hope this information is sufficient?

Edited by bgizzle
Link to post
Share on other sites

As per the advice on the link provided I have also drafted a CPR31.14 request.

 

 

I am also responding to the court to defend all of this claim by submission of N9B (CPC) form within the next 24hrours.

 

 

Do I need to take any additional action at this time or wait for responses from BW/Lowell?

Link to post
Share on other sites

Are you sending a section 77/78 request also for the agreement ? Is this a Personal Loan or Credit Card?

 

With regards to acknowledgement I would advocate using MCOL and completing everything on line.

 

Regards

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hi Andy,

 

This is for a credit card. I wasn't initially planning to send a section 77/78 request as I already requested for the agreement within the CPR31.14.

 

 

Have I misunderstood the purpose of both requests?

 

I have registered for MCOL and will be using that.

 

Are you sending a section 77/78 request also for the agreement ? Is this a Personal Loan or Credit Card?

 

With regards to acknowledgement I would advocate using MCOL and completing everything on line.

 

Regards

 

Andy

Link to post
Share on other sites

they can in all effect, asdetailed in several threads here

ignore your CPR

 

 

they however cannot ignore a CCA request

 

 

you must send one

 

 

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

  • 3 weeks later...

I heard back from BW. They have asked their client to provide the requested info in CCA within 12 working days.

 

 

That has now run its course and

 

 

i've not heard anything back from them.

 

 

What is my next course of action?

Link to post
Share on other sites

Keep your eye on your defence date and take a read of other threads/defences in preperation.

 

Regards

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Most of the threads surrounding yours...who are in front of you in the process and the ones in the Success forum.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Responding to your PM

 

There are few points that need clarification first before you can finalise your defence bgizzle ...firstly.....

 

What was the date of your last payment to the account..? you state it was defaulted Nov 2008.

 

The second is with regards to the PPI refund...was the balance reduced by said amount of £340 ? Is the claim amount of £384 correct?

 

Regards

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Do you know the date the default was placed on your CRA files ? and is it still showing?

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Do you have access to Experian ?

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Okay I suppose you know where Im going with this.

 

 

..I would be tempted to submit a Statute Barred defence..

 

 

.but lets see if you can get that information in time for the defence which is due on the 31st October before 4.00pm.

 

Regards

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Andy.

 

 

Still haven't received the statutory report as requested

 

 

registered for the Credit Expert online service from experian.

 

 

The Credit Expert service wasn't as good as I expected as there was a lot of stuff missing from my file which were on my equifax and Checkmyfile.

 

 

The CR from experian did however have a Lowell entry which hasn't been updated since May 2013

and which the Experian support centre inform me is due to be removed on 10th Nov 2014.

Link to post
Share on other sites

Okay I suppose you know where Im going with this.

 

 

..I would be tempted to submit a Statute Barred defence..

 

 

.but lets see if you can get that information in time for the defence which is due on the 31st October before 4.00pm.

 

Regards

 

Andy

 

Is there a SB template I can use?

Link to post
Share on other sites

You state that you did receive a default notice for this debt...what date was on the default notice?

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Okay here is the Statute Barred defence......dont submit just yet.....

 

 

 

1 The Claimant's claim was issued on (insert date).

 

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

I have been in contact with Cap 1 who inform me that the default notice was dated 8th October 2008 and default entered on 10th Nov 2008. They also confirmed the last payment they received from myself was on 15th July 2008. I hope this helps?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...