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    • Great thanks, will leave 2 in then, replace 3 and I think its good to go.    This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know.   Again thank you both for your help, really is priceless.         Defence:   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.    2.     The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   3.     Paragraph 1 is noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   4.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      5.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a)   show how the Defendant has entered into an agreement and; (b)   show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c)   show how the Defendant has reached the amount claimed for; and (d)   show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Hi just a quickie   Now in reference to my Post#2 here have they actually provided you with those policies that I pointed out and importantly a copy of there Public Liability Insurance?   If they haven't   Make sure and send them a little reminder adding to the letter in Post#32 that so far they have failed to provide these and you require clarification as to their reason for this failure     Dear Sir/Madam   Complaint Reference: XXXXXXXXXXXXXXXXXXX   Further to my recent letter about this matter Dated XX/XX/2021 I would also like to add that so far you have still failed to provide the following:   Copy of your Compensation Policy (not the leaflet) Copy of your Complaints Policy (not the leaflet) Copy of your Customer service Charter/Policy (not the leaflet) Copy of your Public Liability Insurance (not the leaflet) Copy of Repairs an Maintenance Policy (not the leaflet)   I asked for these is my letter to yourselves dated XX/XX/2021, to date you have failed to respond to this request nor is the Housing Association being Open and Accountable to it's Service Users and I require full clarification for the reason for this failure and when you are going to provide what I have requested.   If you refuse to provide these I require full clarification as to your reason with links to the relevant legislation and exactly which parts you are relying on for your refusal of my request.     Note: If they have answered this please ignore but from your responses I think they have tried to ignore this so you add this to put a rocket up their 'beep' so to speak.   You are more than welcome to the help it's what we are here for, you just look after yourself and take care     
    • The DVLA know less about POFA than my dog that died twenty years ago. They also never admit they have made an error.   Trading Standards would probably be a better avenue for you either on Council inaction on no pp thus appearing to aid and abet a PE scam, condoning PE committing an offence and allowing them to rip off the Council customers as well as financial impropriety by not insisting that PE pay for the requisite fees for permission. You could also complain to the ICO on the same grounds and get two investigations going.
    • I am surprised that POPLA found that your appeal had failed when Initial's response to the appeal had been withdrawn. There was no need for them to adjudicate. POP.LA should have agreed that you had won your appeal. I wonder if Initial  knew something that you and obviously POPLA didn't.  Ignore DRP. I was going to advise  you  write to Initial stating that as they had withdrawn their PCN on appeal so if DRP were acting on instructions from Initial they have breached your GDPR. However on second thoughts you may be best to send them a SAR first to get confirmation that they had withdrawn their claim before going for the breach.
    • so the eon A/C was never in her name anyway?
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Capital one Credit Card PPI claim


joox
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pm advice is not allowed

helps no-one bar you

which is not what cag is about.

 

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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this is the letter i will use:

 

 

You refused my ppi reclaim because you mentioned that I agreed and purchased the PPI  on a phone conversation with Capital One on 13th October 2003. It seems the PPI was already activated with the little sticker on the back without my knowledge

 

I have gone through the SAR but unable to locate any of this information as you claim. Please kindly outline where is the data that confirms I did agreed to this? I am looking to locate records of when the card was activated and when was the PPI activated

 

 

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October?

 

you refused my ppi reclaim because you said I agreed to it when I phone YOU on 13th nov 2003 to activate the card. 

when in all truth the card was already activated but the little sticker was to get conned into PPI.

 

 

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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ill knock something up later

 

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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Share on other sites

opps knew there was something i missed....

 

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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Share on other sites

Hey wouldn't matter if you did

most certainly would never stop me helping anyone

I want to carefully go through that org reply ...play them at their own game.

sri heads not upto it right now.

 

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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Share on other sites

on the PDF of the org rejection letter you've masked the date they quote

what is that please?

 

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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Share on other sites

12 hours ago, dx100uk said:

on the PDF of the org rejection letter you've masked the date they quote

what is that please?

 

 

The PPI was sold over the phone on the 13 October 2003 ?

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sorry I already asked that but wanted to be sure .

 

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

looking at the comms log sheet.

 

it reads to me that PPI must have been activated before the card was even approved!!

 

13/10/2003 [the supposed date of the phone call]

Decision is REFER

20/10/2003 application pending.

 

2003/11/11 decision is accept.

 

sorry but how can someone sign you up to PPI when the credit card the PPI will protect is not even approved

 

they have LIED that the phonecall 13/10/2003 was to activate the card, it WASNT, the card application was not accepted until 1 month later 11/11/2003

 

which tallies with no PPI charges till

17/12/2003    PPI                        £0.85   
the 1st bill after activation

 

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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Share on other sites

as long as that makes sense

twill be a reply to their last letter

 

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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tardis time..

in post one you say:

 

The original card application was completed on the phone

 

by 'completed' do you mean she originally applied for the card by [please state the method]

she got the card it had the below sticker on it. so she rang the number [show her the sticker]

 

The method of how she applied for the card is my interest here.

 

were there two phone calls??

one when she asked for the card

one where she got the card in the post but had to phone to activate it [white sticker]

 

the above info will further my thoughts on an in for the kill letter 

or a dangler letter to see if they want to trip themselves up.

 

 

 

 

 

 

 

white activation sticker.pdf

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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Share on other sites

The card application date is unknown and have to double check as the earliest date on the SAR is 13/10/2003

She does not remember how the initial application was filled out  or made. Should this be on the SAR?

 

From their letter, The PPI was sold over the phone on the  13/10/2003   " when we were contacted to activate the card "  so the application date is not clear here.

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Just called Capital One and she was told the account was opened on the 24/11/2003 that's the date on their system.

 

Also, initially thought the application was made online back in 2003 :) not sure we had access to online applications back then but it seems it was done over the phone.

Not very clear on details from their side. 

 

On the logs, it states it was accepted on the 11/11/2003 and the application starting date is the 13/10/2003.

 

The customer service person said there seems to a discrepancy with the dates regarding PPI and has provided an address to write to find out why the dates differ !!! 

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ye see scratch the surface …..

 

was the call recorded par chance?

 

to get a card in the post with that white sticker on means it was already applied for and the application was accepted.

so whats the truth here.

 

they cant activate/charge PPI if there was no active card , hence the 1st dec bill

so PPI was mis-sold IMHO and you should be getting the premiums back NOT a plevin refund.

 

whats this address?

 

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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Im sure the call was recorded !

She was give the Capital One Relation Complaints 

PPI Capital One

Nottingham

NG2 3HX 

May be they got the activation date wrong 

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I meant recorded by you not them....

 

dear sir/madam.

 

I write to you concerning a PPI reclaiming matter and have been advised today by your phone   .

 

This comes under two ref numbers

ref xxx dated xxxx, a refused claim referring to an earlier final response with ref to below, resulting in an offer of a plevin refund.

ref xxx dated xxx, mt initial claim which was refused.

 

Following a Subject Access Request it has come to my attention that the original refusal was based upon information that Capital One does not hold and was thus made in error.

 

Having applied for a credit card, i successfully received one in the post slightly prior to 13/10/2003 with the relevant documentation.

Upon the card was a white sticker that gave a number to ring to activate. On 13/10/2003 I rang the number to do so.

It apparently appears at this point I was also signed up to PPI, however i do not ever remember this being so.

 

Having closely studied the contents of the SAR it appears:

 

looking at the comms log sheet.

 

13/10/2003 Decision is REFER

20/10/2003 application pending.

2003/11/11 decision is accept.

 

which tallies with no PPI charges till

17/12/2003     PPI                        £0.85   
the 1st statement after activation

 

sorry but how can someone sign me up to PPI when the credit card the PPI will protect is not even approved??

 

I require all PPI refunded as per my enclosed spreadsheet and FOS customer questionnaire .

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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