Jump to content



  • Tweets

  • Posts

    • I'm trying to understand it all but I certainly tend to agree with my colleague @dx100uk that it looks as if you may have been taken for a ride. You found an advertisement for a bag on an online sales site. Instead of going through the established procedure of that site, which presumably allows them to recover a commission from the seller you started dealing directly with the seller who is an unknown person to you and of course that allowed the seller to avoid paying the commission. At whose suggestion was it that you went off-site? You then pay by PayPal but instead of logging it with PayPal as a payment for a purchased item, you tell PayPal that it was actually simply a gift or transaction between friends and family. This also allowed the seller to avoid paying a PayPal fee on the money. At whose suggestion was it that you paid in this way?       I don't say that you definitely have been scammed, but it doesn't look very good. This is how it might have happened: after you agreed to take the transaction off-site, so you lost the protection of the established system – and the seller avoided the commission and also avoided the sales site knowing that they had sold their item, you then agreed to pay the seller some money – but not for a purchase – simply as a gift. This has two consequences. Firstly, the seller avoids a PayPal fee and secondly, because PayPal has been misled as to the purpose of the payment, you lose the protection of PayPal if it turns out that you've been scammed or there is some other problem with the transaction. The seller then apparently sent you the parcel and they sent you pictures of a package with your address on it. Separately they sent you a Hermes tracking number – but there is no evidence that the package was actually posted to your address. The seller might simply have taken a picture with your address and sent that to you by way of reassurance – and then changed the label and posted the parcel to themselves but sent you a tracking number which is inaccessible to you and in respect of which you will be prevented from getting any information. All you've seen is a parcel with your address on it. All you've been given is a tracking number which satisfied you for a while until the parcel did not arrive and then when you started to make enquiries, you found that you were unable to access any details referring to the tracking number. Of course the tracking number says that the item was delivered – because maybe it was – but in that case it was delivered to the address on the parcel which might have been the seller's own address – or the address of a friend. I don't want to say that this is definitely how it happened, but it is a plausible scenario. Of course Hermes is an awful lot of parcels – but on the other hand I expect that most of the parcel is that going to Hermes hands are delivered successfully. We only get the bad stories on this forum. I can imagine that Hermes rate of successful deliveries is better than 97% because otherwise people wouldn't simply just hate them, they would go out of business.   We can help you bring a complaint against Hermes if you want. However, on the basis of what you say, the odds are stacked against you but it would be useful to try and find out the address which was associated with tracking number. As far as your apparent willingness to travel hundred and 50 miles to ask for your money back, don't bother. If you did actually go there, are you sure that the seller actually lives at the address that you have been given? What evidence do you have that? Of course if you found that the seller didn't reside at that address then it is slamdunk that you have been scammed. But then what are you going to do? You can try to inform the police but of course it won't get you anywhere. You can inform the sales website – but they will say that you brought it on yourself because you agreed to go off-site. You can inform PayPal – that they will say that because you sent the money which was calculated to avoid their fees, you have lost the protection. If you travelled the 150 miles and found that the seller did reside at that address, do you really think that they are going to hand your money over to you? If they are acting dishonestly then they will simply say that it is nothing to do with them, that they addressed it all correctly and they don't understand what has happened and that this is simply Hermes up to their old tricks. What are you going to do? You simply risk getting into a very nasty argument and depending on how bad it went, you might even find that the police are called and I'm afraid that they would be looking at you – not the seller. Maybe you can answer the questions that I've post above as to who it is who initiated the various ways of doing business.    
    • The legal campaign's going well then. The recount in Wisconsin gave Trump more votes but Biden even more, at a cost of $3m. And a donor to the organisation bringing the failed cases is suing to get his $2.5m back.   https://www.theguardian.com/us-news/2020/nov/28/joe-biden-gains-votes-in-wisconsin-county-after-trump-ordered-recount
    • Yes Unicorn feed tax again, can't sue the keeper for more than the Original Charge, so any additional Debt Collection fees aka the £60 they add is abuse,iof process as per HHJ Harvey at Lewes county Court What lookedinfroinfo is indicating is that the main signage on entry and dotted around is merely an " Invitation to Treat", not the offer, the Offer and Acceptance occurs at the payment machine, so wording there is key.
    • Hello and welcome to CAG.   People will be along later to advise you, please bear with us until they're able to get here.   In the meantime, I suggest you edit your attachment because you've left your name on it. Please check it carefully and remove anything that can identify you.   HB
  • Our picks

Noumidia Vs Capitalone


Please note that this topic has not had any new posts for the last 642 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi

 

I made a claim against Capital one about the charges in 2014 by sending the first letter then followed by LBA.

 

On 14th April 2014, I received a letter from Capital one refused to refund the charges and they stated in their letter

“Financial regulations require me to advise you that this is my final response in relation to this matter.

If you fell I have not resolved your complaint to your complete satisfaction,

you now have the option to contact the Financial Ombudsman Service with six months from the date of this letter.”

 

I know I should have taken the case to the court sooner after I received the rejection letter for the claim.

 

On February 2017, I decided to make fresh claim and I send LBA,

Capital One replied to my LBA by saying

“Please refer to our letter dated 14th April 2014,

which was our final response on this complaint.”

 

Also the keep saying I had the chance to contact FOS within 6 months from the date of our final response.

My question is can I still file a claim through a small claim court?

capital#21_02_2017.pdf

capital#16_11_2016.pdf

capital#14_04_2014.pdf

Link to post
Share on other sites
  • Replies 72
  • Created
  • Last Reply

Top Posters In This Topic

don't forget you have to abide by the new pre action protocol now

it changed 1st oct.

 

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
Yes because it works vice versa... Claimant claims money for charges etc

the new debt protocol says '...This Protocol applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual...'

 

ps

could you imagine a bank/business having to fill out the reply form, and income and expend form, and seeking debt advice from cab etc. that would be interesting. :)

IMO

:-):rant:

 

Link to post
Share on other sites

Hi

I send a Sar I. 2014 and received the whole pack as usual.

 

However the statement is back dated from 2002 even the a/c was open in 1999.

 

Between 2002 and 2004 there are about £500 of charges in late and cover! Iimit fee.

 

My question are

1) Should I file a court claim ignoring the charges before 2002?

 

2) Is possible to file a claim directly to my near county court ?

 

Thank you for your assistance

Link to post
Share on other sites
  • 2 weeks later...

have you had a look at their brief guide

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/639667/MCOL_Userguide_for_Claimants_August_2017.pdf

 

if you're not comfortable doing the extra re the PoC, then it may be easier for you to do it on paper.

 

see what the guys suggest.

 

broken link above, try this one

https://www.gov.uk/government/publications/money-claim-online-user-guide

IMO

:-):rant:

 

Link to post
Share on other sites

Hi Ford

 

 

I think, MCOL it's little complicated and I am more comfortable with filling N1 as I did against Barclay and Lowell. As the claim is over 5k I want to make sure everything is right, Cap1 are more harder to deal with but take my chances with them as they give me hard time 10 years ago default,CCJ and charging order which still stand.

Link to post
Share on other sites

forgot to add

also, now, a paper n1 for a fixed money claim should be sent to the money claims centre, salford.

the fee is also a bit more when doing paper.

IMO

:-):rant:

 

Link to post
Share on other sites
  • 2 weeks later...

Hi

I went today to my local Croydon County Court to hand my N1 as my Poc does not fit MCOL's Poc,

sadly all counter services were shut down few months ago.

 

If phoned MCOL help line and advised to send the N1 to Salford with the fees as a cheque or a postal order

however, i don't have a cheque book anymore.

 

MCOL advised to send the extra Poc to the defendent within 14 days of the claim being issued with a covering letter and fill the N215.

 

My question is

1) Does anyone has a template for a short statement to fill up the part5 of MCOL form?

 

2) Do i need to tick the right to claim interest under the county court or not to tick it and include the county court interest in Poc?

 

Thanks in advance for any assistance

Link to post
Share on other sites
  • 1 month later...

Anyone know how is the fees for allocation questionnaire, few years ago was £40. I couldn't find it in Ex50 leafle as the deadline is 29 January. Any assistance would be appreciated and thanks

Link to post
Share on other sites

it is defended then?

no fee for aq, it just needs to be completed and filed in time.

you didn't see the user guide info i posted then.

:)

IMO

:-):rant:

 

Link to post
Share on other sites

Hi Ford

Probably I missed the link, but thanks for the reply and I am not forgetting your assistance last time when with a successful claim against Barclay card in 2013. I am pleased you are still around.

Thank you

Link to post
Share on other sites

sorry, to double check,

you are the claimant?

at what stage are you at

have they defended, and it is now proceeding after you have paid the fee to continue?

you may need to pay a fee

IMO

:-):rant:

 

Link to post
Share on other sites
Anyone know how is the fees for allocation questionnaire, few years ago was £40. I couldn't find it in Ex50 leafle as the deadline is 29 January. Any assistance would be appreciated and thanks

 

Replaced by the hearing fee which is paid later after allocation and detailed within the Notice of Allocation.....amount ...date to be paid.

 

 

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 OTHERS

 

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

 

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

Link to post
Share on other sites

Hi all

Here is the update of the claim from MCOL

 

 

  • You submitted a claim on 08/12/2017 at 15:00:42
     
  • Your claim was issued on 11/12/2017
     
  • Capital One (Europe) plc filed an acknowledgment of service on 19/12/2017
     
  • A bar was put in place for Capital One (Europe) plc on 12/01/2018
     
  • Capital One (Europe) plc filed a defence on 12/01/2018
     
  • DQ sent to Capital One (Europe) plc on 12/01/2018
     
  • Capital One (Europe) plc filed a DQ on 30/01/2018DQ filed on 30/01/2018.
     

Capital1 is playing Hard ball but I will go all the way until the hearing day and start preparing the defense

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...