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    • If that was the reason then that is good news. The whole reason that being able to charge £100 for breaching private car park rules is because the law Lords decided in a celebrated case that the rogues had a legitimate interest in keeping their car park spaces available for all motorists . {parking Eye v Beavis]. However when the business is closed then there is no legitimate interest in keeping spaces free so to charge £100 is a penalty. As such any Court would automatically throw out the case when the penalty charge is accepted.
    • gives them a feeling of grandeur. dx  
    • yep they can be a bit like the TV licencing lot. for 4yrs ive been getting a series of about 8-10 diff letters that just go round a loop. currently upto 61
    • thread tidied. new thread for the court claim is here  
    • new thread created for this claimform please post here now for anything to do with it now . pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
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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.
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saddler10's partner v capitol one


saddler10
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Hi everyone, DPA request posted today, will keep you updated.

 

cheers, Paul

Alliance & Leicester, £2944.66 settled in full, donation made!!!

 

Capitol One (Partner), £475.01 settled in full, donation made!!!

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  • 3 weeks later...

Hi, DPA info arrived today, my partner will be claimng £400 in charges. The balance on the card is only £408! I also have 2 Capitol one cards myself. Will be starting the process with those very soon.

 

Paul

Alliance & Leicester, £2944.66 settled in full, donation made!!!

 

Capitol One (Partner), £475.01 settled in full, donation made!!!

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  • 3 weeks later...

Just a quick update, preliminary request for repayment sent on 19th June, so 4th July is their deadline, then letter before action will be sent.

 

Paul

Alliance & Leicester, £2944.66 settled in full, donation made!!!

 

Capitol One (Partner), £475.01 settled in full, donation made!!!

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  • 2 weeks later...

Hi, sent LBA on 4th July giving 14 days to settle, partner received reply very quickly, the main points of which are;

 

Their fees are in line with other banks. OFT believes default fees of of £12 are likely to be fair (not exactly what the OFT statement said?). Capitol one disagrees with their analysis and believe their current fees are fair and legal.

As a matter of goodwill, they offered to reduce the fees applied to the account to £12, therefore offering a refund of £168.00.

A settlement form is included, reading as follows, 'I confirm my acceptance of Capitol One's offer of late payment and overlimit fee refunds totalling £168. This action by Capitol One is accepted by me as closure of my complaint about the fees added to my account.'

No thanks, Capitol One.

Alliance & Leicester, £2944.66 settled in full, donation made!!!

 

Capitol One (Partner), £475.01 settled in full, donation made!!!

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Hi, Onanblues, are you looking for DPA request letter or preliminary request letter?

 

Paul

Alliance & Leicester, £2944.66 settled in full, donation made!!!

 

Capitol One (Partner), £475.01 settled in full, donation made!!!

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I have all my statements from the time the account was opened so I don't think I need to ask for account information under the DPA.

 

I was wondering what you used for the prelim letter?

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Hi, just used the preliminary approach letter in the library, replacing the reference to direct debit refusals and exceeding overdraft limits with late fees and overlimit charges.

 

Paul

Alliance & Leicester, £2944.66 settled in full, donation made!!!

 

Capitol One (Partner), £475.01 settled in full, donation made!!!

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  • 2 weeks later...

Hi all, confirmation letter from court today, claim will be deemed to be served on 29th July, Capitol One has until 12th August to reply.

 

Will keep updated.

Alliance & Leicester, £2944.66 settled in full, donation made!!!

 

Capitol One (Partner), £475.01 settled in full, donation made!!!

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Hi, Acknowledgement of service received today, stating that Capitol one intend to defend all of the claim.

 

Paul

Alliance & Leicester, £2944.66 settled in full, donation made!!!

 

Capitol One (Partner), £475.01 settled in full, donation made!!!

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  • 3 weeks later...

Hi, letter from Capitol One yesterday offering full settlement as a 'gesture of goodwill'. An additional £40.00 has been charged since the claim began, wondering how the following part of the settlement form would affect claiming for this;

 

"I will not take any further action in relation to this and I understand this offer is made without any admission of liablity on the part of Capitol One and I agree to notify the court to confirm settlement"

 

Does the 'further action' part refer only to this case or does this stop us taking action against any further charges?

 

Paul

Alliance & Leicester, £2944.66 settled in full, donation made!!!

 

Capitol One (Partner), £475.01 settled in full, donation made!!!

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It will mean no further action on your part at all, so you obviously don't want to be excepting that. I'd write back to them saying you will be continuing with your court action until you get a full settlement offered with no conditions applied. They will either have the choice of defending or paying up with no conditions. :)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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  • 2 weeks later...

Hi, another case won but with a lesson learnt. My partner decided to sign their offer letter as, I suppose like a lot of people on here, we need some money coming in fairly quickly. So, we posted this acceptance, but before Capitol One had received it, they wrote again saying as they hadn't heard from my partner, they had credited her account with the full amount.

So, if we had waited a little longer, the money was paid up without any conditions and we could have claimed again for the extra £40.00 that has been charged. Just waiting for my DPA info for my own Capitol One cards, so at least I have a good idea of how they will act.

 

Paul

Alliance & Leicester, £2944.66 settled in full, donation made!!!

 

Capitol One (Partner), £475.01 settled in full, donation made!!!

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  • 12 years later...

This topic was closed on 11 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Alliance & Leicester, £2944.66 settled in full, donation made!!!

 

Capitol One (Partner), £475.01 settled in full, donation made!!!

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Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

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