Jump to content


  • Tweets

  • Posts

    • I'd get back to them tomorrow, and explain the circumstances, that you have a wedding reception, and just appeal to their better nature. Hopefully they will be able to move sooner rather than later, especially if you go in in person and speak to them, and show them the issue.
    • The 3 pieces of mortar that fell on the same day, at the same time, were approx. 25-30cm long and weighed around ½-1 kilo each from a roof that is above the 2nd floor; they were by no means tiny pieces of mortar but large chunks falling from a rather great height. I believe the size and weight is enough to cause serious injury and if it falls on your head, I assume it could potentially be lethal if unlucky, but we don't wish to put that theory to test... We can't in good conscience let a contractor install a patio and a gazebo as it is in the exact spot where the mortar fell, nor do I think anyone would be willing to take the chance. Looking at the roof, there are multiple other remaining pieces from the same 'line' or 'row' of mortar that can potentially fall. The mortar is right underneath the slate tiles on the neighbour's roof and I don't know whether the tiles are also (becoming) lose due to the loss of the mortar. I was trying to upload a photo but it seems it's not allowed. The first contractor to work in our garden in preparation for the patio and gazebo is scheduled to start on 10th June, that leaves the neighbour 5 workdays to sort their roof which is unlikely, so it seems we will have to postpone our patio contractor without knowing when they can come back. We have already had extensive work done in the garden in preparation for the wedding reception and it will become very costly for us if we have to move the wedding reception to a venue (if we can even get one at this short notice) rather than have it at home which was our dream.
    • Is this sufficiant for a letter of claim  ? Letter Of Claim       Reference: Techzone Mobile Phones Samsung A71 Mobile Phone £140 Purchase date 29. 5. 24     I the claimant purchased a 2nd hand Samsung A71 mobile from Techzone Mobile Phone unit 10 of the indoor market at the Potteries shopping centre. Initially the phone worked well until I used the camera and found debris in the camera lens spoiling pictures making it not fit for purpose. I contacted the seller who offered a replacement which I initially accepted but later rejected and wanted a refund in full which the seller refused saying they Do Not give refund is unlawful and goes against the Consumer rights act 2015. Therefore I intend to issue proceedings against you in a county court without further notice unless you reimburse me the above amount in Full within 7 days from the date of this Letter     ------------------------------------------    I think its best if i hand him the letter as posting it might not get through so can claim expenses traveling up there ?   or would it be best to just post and get 'Signed for'  ?   Should i also put in the letter of claim interest added or leave that till the Particulars letter ?
    • Ok thanks, I really need help with my mental health over this I’ve called 111 Hi sorry just one more thing can they contact my workplace?
    • Sorry to shatter your leftie dreams 🤣😂🤣😂     Donald Trump gets a SIX-POINT bump in approval after being found guilty on 34 counts according to snap Daily Mail poll: 'I think it was a waste of taxpayer money' WWW.DAILYMAIL.CO.UK Teflon Don rides again, according to an exclusive poll for DailyMail.com which found that the guilty verdict in Manhattan... James Johnson, who conducted the poll, said Trump might be waking up as convicted felon but he was winning over the voters who matter.   Our snap poll of a representative sample of likely voters shows that for most Americans the trial has not changed their deep-set views of Trump,' he said.  'But amongst those who are open to changing their mind, people feel more positive by a margin of 6 points. That is outside of the margin of the error of the poll and we are saying that is significant. 'It extends to Independent voters too. Look at the explanations and it is clear why: people feel it was a politically motivated trial and view Trump as a "fighter" against what they see as injustice.     
  • 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
  • Recommended Topics

Lynsey V Capital One


lyns
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6114 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

  • 3 months later...
  • Replies 146
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

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?

Link to post
Share on other sites

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

  • 2 weeks later...

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

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

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.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

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.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...