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      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.

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      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.

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      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
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Capquest cap1 [CCA ver #15a]- £1200 settlement offer on +£4k - should i settle?

bright_future

By bright_future
in Capital One

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bright_future

bright_future

Posted
Posted

hi,

 

(back from a while ago)

 

One of my creditors has offered a settlement figure, which is within my reach.

(done all the CCA stuff, etc, as per earlier advice)

 

The letter I received seems quite generic in its wording.

 

Is there a specific wording I should look for / ask for?

If I pay the smaller amount, can they still sell on the remainder to another company?

 

What wording should I ask for, to ensure the settlement means no further sums are due, to them, or anyone else?

 

thanks.

(for info, a debt of 4400: offer 1200 accepted)

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dx100uk

dx100uk

Posted
Posted

creditor or DCA?

 

 

history of the debt please

 

 

I'd smell a rat if someone said to me

you owe us +£4k but we'll accept £1200......

 

 

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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dx100uk

dx100uk

Posted
Posted

no connection between cap1 and capquest

 

bet theres heeps of penalty charges and PPI knowing cap1

 

when did you take the card out

and can you pop up the returned CCA

who says it enforceable?

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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renegadeimp

renegadeimp

Posted
Posted

If cabot are offerin that low of a settlement, do not accept it. They do that when they do not have the right to collect the debt. Theres something very wrong, and with cabot, it is almost always incorrect paperwork/

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

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maroondevo52

maroondevo52

Posted
Posted
dont know why the title is "cabot", I meant Capital One, and capquest.

 

 

Hi,

 

I've removed 'cabot' from the title.

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

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renegadeimp

renegadeimp

Posted
Posted

same advice as before. If they are offering a substantial settlement value, then the debt is a lemon debt.

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

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  • 5 weeks later...
bright_future

bright_future

Posted
  • Author
Posted

they have sent me the photocopy of the capital one credit card agreement, with my sig on it.

Not sure what to look for to see it isnt correct.

 

date of signature is Nov 2008.

 

I am working on assumption that they bought the debt for a substantial discount, and my reduced offer will still net them a profit.

 

I have checked the F&F template letters here and at nationaldebtline, and will use them as basis of acceptance.

I suppose the key thing is for debt to be marked as "satisfied" or "settled", rather than "partial".

 

other than that, I am not sure if there any avenues to pursue, other than to put this one behind me, and have one less creditor to worry about.

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caro

caro

Posted
Posted

Have you looked into ppi and charges?

 

When did you last make a payment?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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bright_future

bright_future

Posted
  • Author
Posted

have been paying token £1 a month for ages. at least 3 years.

 

until the time when things went all bad for me, I always paid off my balance, so never actually paid any interest on any of my cards.

so, I dont thnk PPI applies.

charges? can I reclaim the "not paid minimum amount" fee, and the interest?

 

I read (moneysavingexpert, I think) that you have to prove hardship.

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caro

caro

Posted
Posted

You don't have to prove hardship for cc fees and should claim interest too.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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dx100uk

dx100uk

Posted
Posted

look for £12 fee late over letter phonecall.

 

 

if cap1 sold the debt

then its got to be littered with PPI and penalty fees.

 

 

strange question I know

but why do you want to settle?

it wont inprove your credit rating if a default shows for the debt.

 

 

can we see that CCA return please

follow the upload

 

 

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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bright_future

bright_future

Posted
  • Author
Posted

still not convinced that there is PPI.

 

want to get this problem behind me. if I can find a way to settle it and have done with it, its one less problem hanging over me.

 

I will load up doc once I get it scanned.

 

thanks for your patience and help on this.

what would you be looking for on the agreement?

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Guest

Guest

Posted
Posted

perhaps contrary to the guys posts :), if theres nothing else to it (ie to claim/challenge), and you want it off your back to move on, then maybe settle for as low as it can be. provided 1200 (or less) is not more than the capital amount?

it'll prob only be marked as 'partial settlement' though on credit files. but ensure that any settlement is re the whole account. capq seem to state that a settlement wld be re the whole, and no 'balance' wld be sold/acted on.

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caro

caro

Posted
Posted
can I reclaim CC fees AND the interest they charged, or just the fees?

 

can I claim them without giving any reason for claiming?

can they say the fees were justified?

 

Sorry I wasn't clear. I meant interest on the fees.

 

That said, it's unlikely to clear the debt so you might prefer ford's suggestion. Maybe try and negotiate lower still.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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dx100uk

dx100uk

Posted
Posted

can you PDF the upload as the guide says please.........

need ALL the pages

pop them in a multipage word doc

save as .pdf

upload it

 

 

yes you use their int rate.

 

 

pop that in cell d15 of the spread

list each fee on its own row

 

 

This second spreadsheet is a compound interest calculator and can be used both for PPI claims and Charges Reclaims on Revolving Credit Accounts such as credit cards. Compound interest is not an award that foslink3.gif will give in respect of PPI claims but it can be used in PPI cases that are pursued through the courts. It is the standard sheet that is also used for charges reclaims both on credit cards and loan accounts where interest in restitutionlink3.gif is claimed.

 

CISheet v101.xls

 

 

get the charges done first then settle

 

 

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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renegadeimp

renegadeimp

Posted
Posted

Post the CCA up and let us see. We can't tell you if it's legit unless you do

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

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dx100uk

dx100uk

Posted
Posted

I would suspect its ok and enforceable

 

hbut that's not the point

 

how much is charges

how much is PPI

 

spready for each

 

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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