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    • Dear Sir/Madam, TFL case number: **** I would like to thank TFL for providing me the opportunity to explain my behaviour. I realised the stupidity of what I have done and wish to seek a resolution to this matter. I have no valid excuse for this action and I am extremely sorry and deeply regret my action. I hope you will accept my sincere apologies. Nothing can justify my action. I am aware that TFL are only able to operate if everyone pays their fare correctly and I feel so guilty about attempting to breach public trust. This has caused me sleepness nights and raised my anxieties. I have history of anxiety. This has been a hard lesson learnt. I have never been in trouble with the law in the past and I ensure that I won’t be in the future. I am and will be using my oyster card (PAYG). I would like to humbly appeal to TFL to allow me to settle this matter out of court and avoid going to prosecution given the adverse consequences it can have on me and my family. I am very concerned that prosecution for the first time and I would like to make restitution for my action. Having a criminal offense on my record will have detrimental consequences on me. I have always been a law abiding person and have no previous offences. I would really appreciate if I can be given the opportunity to pay for any unpaid fares plus any charges and/or administrative cost which have been incurred by TFL due to this incident. I am sincerely remorseful and ashamed of myself, and I fully appreciate the severity and stupidity of my transgressions. Again, I would like to offer my sincerest apologies. Yours Faithfully, My Name
    • the date is 19/04/24, so i have until 29/4/24 to reply? Yes, i will send my draft of my begging letter   
    • use the webform if it allows you to attach your evidential documents then do so but do that later depending upon who your bank is.... - but i suspect you will be referred to Mastercard. who is your bank? dx    
    • If i did it through the bank, they seem to have an online form. I wondered if this is the best way or to do a letter, add supporting documents and send them through the post, recorded delivery  ?
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      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.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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
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Paintball vs Capital One *WON*


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Prelim sent off today including CCI at 30.00% (average over 3 years) £820 charges plus £428.66 interest Total £1248.66

 

I'll see how long it takes to get a comedy letter ... and will it be from Mr Udy?

 

P:rolleyes:

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  • 3 weeks later...
  • 3 weeks later...

Great. . they may file a defence then pay up.. not long now. .

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

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In post today, second comedy letter from Mr UDY telling me that "we are confident our fees are both fair and legal" not confident enough to actually turn up in court though to defend them

 

He repeats his final offer and adds "I'm afraid we won't be refunding all of the fees as you've asked." He is a card isn't he!!

Included with this was a leaflet saying "Let us know when we make a mistake, nobody's perfect" I would have liked Cap One to have done the same for me, but they just slapped lots of rotten charges on instead!!

:rolleyes: just sitting here waiting 'til I get my money back

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The usual letter we all get. . just the waiting now...

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

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Good luck -- I'm just about to go down the same route myself!!!!

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Received 20 April: notice from court that Defendant filed an Acknowledgement of Service on 19 April.

 

Wendy Starr Legal Specialist for Cap One intends to defend all of my claim ...

 

Ha ha! 28 days and counting :p

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Nearly there Paintball ..

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

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CCA requested, to strengthen my claim.

 

Aviator -

thank you your messages. Apart from the sound advice you give, I appreciate the fact that you read our updates and post messages of encouragement :)

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Paintball, watching your thread with interest, let us know if you get a defence sent to you.Capital One are fighting paying my CCI and have offered charges, 8% stat, all purchase interest paid on the account and court fee. Have rejected settlement. Today received defence from the court and an allocation questionnaire.http://www.consumeractiongroup.co.uk/forum/capital-one/59273-new-claim-another-capital.html

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Doo

 

Been keeping up with your claim and have just had another read through. As I see it and as you have pointed out, you have declined Cap One's offer and are pursuing CCI as a matter of 'mutuality and reciprocity' on their unauthorised (in point of fact unlawful) charges.

 

The judge will decide what rate of interest is paid out NOT Cap one but I don't see them pursuing your claim in Court ;)

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Paintball, you are right on the above postings, had they offered me my charges back at the beginning I would have obviously had to accept them, but it's now nearly 3 months since I started my claim (had to delay it as they had issued a default on my account and when I questioned it they promptly took it off but waited for confirmation from CRAs). They have had their time with all of us and pushed us all the way to court action, now I hope I do not appear as being greedy but it is now a matter of principle, and as court action has started I think it is now time for the court to decide.

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Paintball found this.After the AQ's have gone back, if/when the judge has agreed to the directions in the draft order you will then need to provide; a) Your schedule; b) Your statements showing the charges. Alternatively the list of charges which the bank provided under your S.A.R - (Subject Access Request); c) A statement of evidence - see post #55 below. d) All the statutues and case law on which your claim relies. Ie, UTCCR's, UCTA's, SOGA, case law, etc. You'll find all of this in the Basic Court Bundle.__________________

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sorry above is a bit messy to read for some reason it won't let me paragraph it - Oh have just seen on above posting you have found it too, not so bad is it, will keep this in mind. I like to be prepared, sounds like you do too, just like to get my head round everything so I am clear on my actions. Hopefull we won't need it lol

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  • 3 weeks later...

Hi folks

 

Haven't received anything from the Court regarding Cap One's defence. They have until 12 May ... I'll prob call court on that date to see if they have anything and take it from there.

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Hi Paintball, any day now, have just checked my hubby's claim with the court, he is 2 days behind you, they have till 14th but so far they have received nothing, as the lady in the court said, they leave it till the 11th hour.

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Funnily enough they are next on my list, they have just over a week left to supply statements, am not in a hurry though as I have 3 claims on the go at the moment so ideally would like to get rid of 1 or 2 (my crap one that's for sure) before embarking on Barclays.

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