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    • the property is not yours you are not on the deeds you are/were not ever on the mortgage..   stop trying to do their job in scamming you.        
    • Capital assessments are based on the:   amount or value of the asset at the time of the application outcome of checks carried out to protect against fraud As with income assessments the partner's share of the equity is included in these calculations - unless there is contrary interest. Just found the above in the law society website.  So am I screwed.  So confused.   
    • I am bound to say that their alleged contract is probably the weirdest I have seen. Considering it is supposed to be a serious legal contract to set out the conditions under which CEL manage the parking on land that does not belong to them it leaves a lot to be desired.   For a start it does not comply with the BPA Code of Practice which is   7.3 a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement d who has the responsibility for putting up and maintaining signs e the definition of the services provided by each party to the agreement.   So no mention of hours: no mention of types of vehicle restrictions: no mention of who is responsible for the erection and maintenance of signage   and much more serious -no mention that CEL have to comply with the BPA Code of conduct-that one is listed on 7.1.    All it states is that the operator can pursue outstanding PCNs in accordance with the COP but that is not the same as saying that CEL will abide by the CoP which it must say.   Also AFAIK the only entity that can pursue for trespass is the land owner regardless of what this quasi agreement says. There is also no mention of the financial aspect of the arrangement nor how the long it lasts and what notice is required for either side to terminate.     It might be worth writing [not emailing ] to Medburn Estates asking them to confirm if this is the only agreement with CEL and whether they think it right that CEL have not received planning permission for their signs from the Council rendering their signs illegal which is more serious than unlawful and therefore all PCNs issued are worthless and should not have been issued as it is impossible to form a contract with motorists when the signs are illegal.   Also that as CEL are their agents Medburn Estates LTD are responsible for the actions of their agents. You could also ask them to cofirm that the signature on the paper is that of their Director, Anthony Brown and whether their copy has a counter signature of a CEL representative.   Carry on that CEL are taking you to Court and as another Judge has asked a Landowner to appear in front of him to explain their contract, whether it might be in the best interest of Medway to have a serious conversation with CEL to avoid any possible  embarrassments in your  [ie Laluna] Court appearance.   I have not looked much at your WS though it is looking good.   I would have mentioned that as they failed to comply with  Town and Country Planning (Control of Advertisements) (England) Regulations 2007.   that they are in breach of their agreement CoP with BPA to keep to all the legal requirements in running their parking  operations.   It calls into question their right to apply for motorists data from the DVLA.   I would wait for their WS to arrive so that you can pick holes in that too. however watch that if they are late that you send yours off just within the Court guidelines.   What you are tying to do with your WS is to put your side of the case plus put CEL in as bad a light as possible for them to  decide that they don't really want to go to Court after all.
    • UncleB - where you write "This could lead you to facing the Bank in Court..."   1stly -  would that mean now?  by remote hearing?  Or when the courts open after the summer?   2ndly - Does the application for set aside automatically prevent the B hearing going ahead?   3rdly - Will sending in an application to have the B petition set aside mean that I have to disclose an address for service?   I can only give a mailing address   4thly - Could having an early (remote) set aside hearing potentially quicken up the process for the bank if I am obliged to give them a suitable place for service?  At the moment I assume the hearing was adjourned for lack of physical service.   I want/ need to get a set aside.  But don't want to shoot myself in the foot.  
    • Where I have sight of a letter which states the following: "a) the case is removed from scheduled date and time on the court list forthwith    b) the case will be re-listed on the 1st open date after x few months, a date to be advised" Is there any way a hearing would be any earlier than suggested?  Lockdown closed courts but may they open early?    Could the bank ask it to be brought forward even with lockdown still in place officially til end July?    Would that depend on them physically serving a b petition?   Could the 1st open date be any time up to Christmas with such a potential back log of cases?  
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millymollymoo

Capital One.. ***I WON***

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Milly... do you know when you will get your o/h's cheque?

 

Every claim I have won it has always taken forever to get the actual payment.... so frustrating!!

 

I am still waiting for Halifax's cheque and I won weeks ago. I've sent the bailiffs in to collect... probably take anything up to another few weeks.

 

Well... I just hope you get your O/H cheque nice and fast without any delays so you can have peace of mind and pay off bills/debts... or whatever you are going to do with it.

 

ANy news from Bill yet?


Moodle

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Hi Maxine, I checked online and it says it has been paid out {on its way} The letter said within 14 days. After the letter i sent today I think it will be quicker though:D cos O/H will NOT withdraw the claim otherwise;)

 

Milly XXXX

 

Bill by the way is Ok he just wants some time away and I o not blame him. I email him now I will send your best. PM him he can still pick them up. XXX

  • Haha 1

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Well at least you have a definite time scale... that's good. Bet you can't wait!!

 

Yeah I am sure Bill will benefit from a little time away.

 

I am still shocked at some of the comments made towards him... quite harsh some of them. He's a big ape though and I am sure he will come back to do what he is passionate and good at... and that's giving fantastico adivce and being extremely forthcoming and helpful just when you need it.

 

Without people like Bill on this site many of us would still be struggling with certain stages of this huge journey of trying to claim our money back from the big cats.

 

Milly you sound like a good friend and CAG member... well done to you for sticking up for what you believe in... you've made some very valid strong minded, well backed up points over the last few weeks when this CI panic began to escalate...Many would have logged off and run off to hide in to loo for a lot longer than a few minutes.

 

:-)


Moodle

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hiya maxine, milly et al :)

 

As a newbie.. been following bill and others threads for a few weeks... and gettin their advice.. now though.. seems like i shoulda gone with which!!!

 

hmmm this site has gotten so the people u depend on to see u through....... have gone...

 

well done milly... why the ???? has bill gone...

 

and i only claimed contractual after readin bfs "why is no one claimin contractual" thread as it appens..

 

read all the posts moved to bear garden last night and closed by robertxt...lol...wish i'd not bothered claimin :(

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Hi Maxine, I checked online and it says it has been paid out {on its way} The letter said within 14 days. After the letter i sent today I think it will be quicker though:D cos O/H will NOT withdraw the claim otherwise;)

 

Milly XXXX

 

Bill by the way is Ok he just wants some time away and I o not blame him. I email him now I will send your best. PM him he can still pick them up. XXX

 

Did pm him and he responded saying the same as what you said he needs to rest his brain. Don't blame him.

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hiya maxine, milly et al :)

 

As a newbie.. been following bill and others threads for a few weeks... and gettin their advice.. now though.. seems like i shoulda gone with which!!!

 

hmmm this site has gotten so the people u depend on to see u through....... have gone...

 

well done milly... why the ???? has bill gone...

 

and i only claimed contractual after readin bfs "why is no one claimin contractual" thread as it appens..

 

read all the posts moved to bear garden last night and closed by robertxt...lol...wish i'd not bothered claimin :(

 

 

Hi tbell,

 

Don't feel blue:( I know what your feeling. Don't worry too much I am sure if we all pull together we should be ok. Bill I really really hope will be back firing on all cylinders soon:) Well we all hope so.

 

Milly X


CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Thanks for the click whoever it was. How nice:D

 

Milly XX

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CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Twas me :D

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Moodle

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Thanks Maxine how sweet XXXXX:)

 

Milly XXXX


CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Now who clicked thers not even a message you cheeky lot:D

 

Milly XXX


CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Well done Milly, you must be relieved. :D :D

I've just started my claim – including compounded contractual interest from cap one. The first 14 days are up tomorrow and they haven't replied to my prelim letter. I just go ahead and send the LBA on Wednesday.

I'm sure I’ll be asking for help along the way soon.

BTW i don’t know what happened with bill, but he was really helpful to me when starting my claim, especially on the spreadsheet.

Hope he’s ok.

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Hi coll:D

 

Welcome to the mad world of CAG:D My advice is stick to your deadlines and ask lots of questions if you are unsure of anything. Yes go head and send your LBA if the 14th day is tomorrow. Your calim is alreday sounding like my O/H's so thats good news:D They are deluged and cannot cope.

 

Anything just ask and I will try and help along with plenty of others.

 

Good luck and keep me informed.

 

Bill is Ok and maybe floating in and out so keep a eye out. Hes a lovely man and he knows I think that

 

Milly XXX

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CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Hi Milly

Firstly congrats on your other halfs win, my wife has a claim in at the moment, for compounded contractual interest based on the classic card standard 34.9% rate..her total claim is for £2193 of which £1712 is interest.. calculated using vampiress' spreadsheet ..most of the charges were from 2000 to 2001. The N1 was served 2 weeks ago and she received a letter from Graham Daley offering a total of £1154.

Stipulating that if she didnt agree with his calculations using purchase interest, she would need to send him a full and accurate breakdown of how she reached my interest calculation, and they would defend based on the fact they believe they would have refunded the correct amount..

I was just wondering if you were sent the same letter. Or they just paid you staight out without offers.

thx

paul :confused::rolleyes:

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Milly,

 

Congrats on your win!! Thanks for all your help a couple of days ago, prelim letter received by Capital One today.

 

glav

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Hi Milly

Firstly congrats on your other halfs win, my wife has a claim in at the moment, for compounded contractual interest based on the classic card standard 34.9% rate..her total claim is for £2193 of which £1712 is interest.. calculated using vampiress' spreadsheet ..most of the charges were from 2000 to 2001. The N1 was served 2 weeks ago and she received a letter from Graham Daley offering a total of £1154.

Stipulating that if she didnt agree with his calculations using purchase interest, she would need to send him a full and accurate breakdown of how she reached my interest calculation, and they would defend based on the fact they believe they would have refunded the correct amount..

I was just wondering if you were sent the same letter. Or they just paid you staight out without offers.

thx

paul :confused::rolleyes:

 

 

Hi paul my O/H only charged them their 'purchase rate' and not the higher rate. I have to say the interest he cahrged was much lower than his actual charges and this may have had some bearing on the outcome . I just don't know. He was surprised had two very low offers to start both too late as he had filed and then this.

 

I cannot tell you to accept, however I can tell you that you do have to be prepared to argue your case for contractual and why you feel you are entitled to it, it would all depend on the judge at the end of the day.{if it gets that far of course!!!!}

 

Hope this helps.

 

 

Milly X


CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Milly,

 

Congrats on your win!! Thanks for all your help a couple of days ago, prelim letter received by Capital One today.

 

glav

 

 

Your very welcome and good luck;)

 

Milly X


CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Every other day I doubt myself for claiming contractual... then other days I feel all geared up about it. I am not afraid to argue in court over it. It's just that uncertain outcome feeling looming in the air... Oh why does it all take so long eh....

 

Hope you are ok and haven't got too much work to do today. I noticed Bill has been lurking about... just can't stay away can he!!


Moodle

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Oh don't doubt yourself hun, cos you will get the pay out soon. :D

 

I noticed bills been around and Im glad:D

 

Milly XX


CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Hi Milly, hope barclaycard claim is going ok. Just reading maxine989 post, I know how she feels, have subscribed to her thread and keeping fingers crossed, am putting in my claim next week.

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Hi Doo, I know how your feeling, I say the same to you, don't worry hun. Stay strong and you will get what you want ok;)

 

 

Barclaycard is at LBA stage have mentioned the remortgage in there to hopefully make them see sense as to what they really could be paying out as a consequential loss to the charges, so the contractual is rather a small amount considering. ;) If I were them I would pay up quick:D

 

Milly. XXX


CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Thanks Milly, it really does help when you have the support of others. Am getting my poc ready at the moment, want to be ready for Monday.

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Thats what we are here for XX

 

Milly XX


CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Credit card shows its cleared on 20th feb. Still no sign of the bl***y cheque and that says the refund was paid out the day after:mad:

 

I have not discontinued the claim yet because of this cheque not arriving yet. DDay is Monday anyway before judgment . What do you think, should I tell the court that they have agreed the claim in full but not sent the remainder cheque?

 

Milly X


CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Hmmm... Milly, I would see if there is anything on the courts computer system about this case.

 

If Monday is Judgement day... and there is still no defence, I would enter the judgement anyway... even though they have already agreed to pay up.

 

It doesn't cost anything to enter the judgement and if Cap One delay in paying up, you can enforce the payment.... which you wouldn't be able to do without a judgement.

 

:-)


Moodle

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Hi Maxine, I read on another thread something concerning cheque not being received and the guy rang Cap One and said he was going to request judgement and they paid him immediately by BACS.:D So Will get O/h to do that wednesday cos that will be 13 days and should prompt the payment by the 14th or judgment - that gives them a choice ;)

 

Milly XXXX

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CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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