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    • Thank goodness it's not your roof and you get to foot the bill! How big are these bits of mortar? How often are they falling into your garden? Hourly, daily? Just go ahead with your plans, of course, they're not going to be worried by your time pressures and the urgency of the situation, so simply carry on as you would have done and I'm sure everything will go fine. Unless there is a danger to life and serious structural issues which mean you cannot venture into your garden, then IMHO there is little more you can do less for what you have done so already and made them aware of the issue.
    • Hi all!   Thank you in advance for any help you can give me!!    I parked up (at 18:08) in a rush, entered my Reg and paid for an hour of parking. At 18:20 I got a ticket for not paying for parking.    I've just looked at my receipt and noticed why ... I put "22" instead of "21"  when i put in my Reg. yes... what a stupid mistake.    I seem to remember there being a court case or a rule change about entering the wrong reg but the company wasn't at a loss because i had paid for the parking just technically for the wrong car. Am i making that up?    Any advice would be gratefully received, even some key points i have to hit when doing the appeal      
    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
    • Donald Trump now banned from countries including Canada and UK as convicted felon WWW.INDEPENDENT.CO.UK There are 37 countries that bar felons from entering, even to visit.  
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Lynsey V Capital One


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  • 3 months later...
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Have now got a court date in September. Also got some letters from Capital one this last week. One offering me some more money and another one with copies of letters that they will be relying on in court! Getting worried now has anyone else had these letters?

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Going by the other posts on here you might not need to go to court,capone settle about 3 weeks after recieving court paperwork.

im just about to file at court for my wife. good luck

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Hi lyns, I can't point you to anyone in cap one forum who has been to court so will bump this up for you, you know where I am if you need anything else, hope the e-mail was of use to you.

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Check your account everyday Lynns, you should get your refund shortly.

 

Uk

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  • 2 weeks later...

This is unusual. Have you contacted them yet?. . I will be suprised if they turn up.

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Just ask them if they intend to go, and to bare in mind that they have settled hundreds of claims before court hearings before, and also that you have a list of settled cases, which you do have in the Litigation section.

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This is the first time they have gone this far. I wonder if they have forgotten Lynns in the large pile of paperwork they must have. Hope she is ok.

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Just got back from the court and didnt get any extra money:( The lawyer from Capital One was there and he asked to speak to me outside. I went out and he was confirming everything with me (i was hoping he was gonna settle and give me a cheque or something!) We waited over an hour to go into the hearing and the judge was quite abrupt with the lawyer from Capital One as surprise surprise they never filed any documents into the court. He started going through the claim and I showed him my calculations and witness statement. The fella from Cap 1 told him what they had paid to me etc.. Then the judge started going on about the test case with the OFT for a bit and then he said how have you got your figure to charge interest at 25.14% I was a bit stumped and said it was based on the unauthorised borrowing rate that cap 1 charges me. He then started saying I could only claim this if I had a contact with cap1 to say if they charge me this amount then I would charge them that amount back. He said this is only allowed if you have a contractual agreement to do this which of course I havent. He then said do you want to go ahead with this, and I said yes but he said you need another reason/arguement other than if they do it then so so can i. Obvoiusly I didnt have another reason as I dont have a contract to say I can do this so I had no other option but to leave it at that. The judge said if I went ahead and lost then cap1 could claim money back from me as they had already paid me a bit more than the charges amount plus 8% interest. I had no option really but to give notice to quit. I feel quite dissapointed but as the judge said there have only been two cases gone to the final hearing and one claimant won and one lost so it is a bit of a gamble and i would have had to pay costs. I have got back my charges plus some that were over 6 years old and the 8% interest so I still feel I have won just would of been nice to get a bit more but nevermind I am glad i seen it through because I would have been thinking what if.

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Ok Lynns, well done for trying. It is a bit of a gamble going to court for the interest at Contractual Rate. At least they have paid up most of your claim. It is a bit of a Lottery with the CCI now, looks like they may defend this more often.

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Lyns

 

Sorry to hear about this ...but well done you for trying.

 

I wonder if you would mind sending me a copy of your POC either by PM or clicking on the instant messenger icon under my avatar. I'm interested to see how yours differ from mine as I was successful with CapOne. Also, was the interest you charged what you had paid out on each charge? I calculated mine from my Purchase Interest Rate.

 

I ask this in the interest of other claims that are ongoing and hope you don't mind.

 

Cheers, Painty x x

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Hi lynns, glad it's all over for you and yes you have won, you got all your charges and 8%, so congrats and well done. I am 100% sure it all comes down to how much purchase interest you have paid on your account, having done 3 claims for family using the same POC, 2 paid out in full CCI and as you know I got charges, purchase interest and 8%. (Mine was the only claim where my purchase interest was less than the CCI I was claiming, hence that's what they paid me).Hi Painty.

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Hi Lyns,

 

You have done brilliantly!

 

Just think back to when you first started all this, with the person you were & what you know now. Fantastic!:)

 

Its soooo flamin daunting going into a court room. You're scared to breath even for doing the wrong thing!

 

What a nerve Crap 1 have got going to court - I am so mad with them for putting you through this. Grrrrrrrrr:mad:

 

I so wanted to see that they had paid up so that you didnt have that court experience. HOWEVER, you are wiser & more knowledgeable now & I bet would have more courage to go back into court if need be!

 

I will have to look back at your amounts on here, to see what your charges were & what your interest was & what interest you charged???

 

I am claiming about £1000 total. £600 odd for charges & £400 thereabouts for interest at 34.9%.

 

Cripes, hope they just pay though its nail biting time for me as N1 filed & 25 days counting down.:eek:

 

Loadsa luv sweetie,

Celebrate tonight cause you did real good & deserve it!:D

 

Lemoney-Loo-La

xx

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Thanks guys! I coulnt have done it without all the help and support from you lot! I felt sick in that waiting room at the court but I am glad I seen it through till the very end. I am now going to concentrate on the banks,He! he! What fun... Will try and dig out my POC for you paintball and will pm you later.

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