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    • Where are you getting this none attendance from ?
    • I have just received a PCN with CCTV from Barnet Council of my vehicle for the following traffic contravention: 50R Performing a prohibited turn no right turn. The CCTV clearly shows the full length of the car turning left into the main road. However, once in the road there was space, so it clearly shows the vehicle turning right in the main road.   My question therefore is where does the contravention start and stop? Does the contravention apply to one road or both? Do I have any grounds to appeal? Is their any evidence I can use to help with my appeal if there are grounds? Best,  Derek
    • Yes because the claim is still with them and never been allocated
    • Hi All, I am hoping for some guidance before I complete my Directions questionnaire as the wording from the defendant (DPD) has worried me. Quick outline: Booked a parcel on MyParcelDelivery, chose the courier DPD with insurance to the value of £995.00 Parcel dropped off, parcel didn't move for 7 days so I queried with MyParcelDelivery They raised an investigation with DPD. After a few weeks DPD declared it lost and MyParcelDelivery asked me to complete a claim form. Over the next few months DPD just keep telling MyParcelDelivery it was still under investigation. Eventually I had enough so sent a letter of action to MyParcelDelivery, had no reply so opened a MoneyClaim. No reply to the MoneyClaim, requested judgement no reply again and was then informed they had gone into administration. Repeated the process with DPD, again no reply to letter of action, opened a MoneyClaim afterwards and this is where I am now They have responded with a few points: 1. They reject the claim in its entirety on the basis its been entered against the wrong party, it should be against MyParcelDelivery not DPD. I expected this and have read up on the Rights of Third Parties Act 1999 but I am hesitant to pursue as they have said they want the claim stricken and if not they will continue to defend the claim and pursue me for any costs or damages incurred. 2. They have also claimed to not have received a claim from MyParcelDelivery which I am not really sure how I can prove other than the 20 emails MyParcelDelivery sent me updating me of where we were with he claim process and DPD before they went into administration. 3. DPD local who MyParcelDelivery use is a sister company to DPDgroup Uk Ltd, I raised the claim against DPDgroup Uk Ltd so they are saying are not involved  I personally believe as DPD admitted they lost my parcel and I have a relationship albeit not direct with DPD. I also received an email confirming drop off from DPD not MyParcelDelivery and I have exhausted all avenues prior to this. And is it wise to mention MyParcelDelivery went bust as they are wanting me to claim against them and not sure if mentioning I can't is a plus or not? Thanks in advance for any help  P
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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voyager9 vs capital one ** Partial Win **


voyager9
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sars sent 28th mar received 29th mar now the wait lol

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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Voyager9 seems we are on the same timescale although it took Cap1 37 days to send my statements. I sent off my prelim letter on the 29th so I will follow this thread. I am claiming £1480 charges and I plan to add compounded contractual interest @ 2.08% per month so the interest will be £1885.55. Hopefully all goes well

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have done doo :)

 

kms i think you misunderstood they received sar on 29th i am stll waiting for statements yet so you are beyond me so if you post a link to your thread i will follow you lol:D

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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oK i am happy to let you follow me, I am a complete novice I have a thread KM_S v Capitol one, also capital one interest charges. I now know how all nebies feel I am so worried that I might bugga things up for everyone

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  • 3 weeks later...

Hi everyone

 

well received a printout of charges today am going to claim compounded contractual interest which more than doubles my claim !!:D

 

here is the prelim i will send if anyone can cast there eyes over it

i would appreciate it

 

thanks voyager

 

 

CAPITAL ONE BANK

LEGAL DEPARTMENT

4TH FLOOR

LOXLEY HOUSE

STATION STREET

NOTTINGHAM

NG2 3HX

 

 

 

REQUEST FOR REPAYMENT

 

 

Dear Sir/Madam,

 

CARD/ACCOUNT NUMBER: #################

 

I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

My statements show that you have taken £### in unlawful penalty charges (late payment and over limit fees) plus £### which you have charged me in compounded contractual interest (compounded daily)at 21.94% for the sum which you have taken. The total is £#### which you have taken from me over the period of September 2002 to April 2007. For your reference, I have attached a detailed schedule of these charges.

 

Additionally, you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you, or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove all information you are processing about this account including but not restricted to the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

I require repayment in full of this money in the form of a cheque made payable to myself and removal of all information you are processing about this account including but not restricted the default notice. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

 

Please note that a standard templated letter in any form of stalling tactic will not satisfy me and will take such a letter as a negative response and continue with my claim also please be aware I will be following my own timetable not any limits set by yourselves.

 

Yours faithfully,

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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anyone?

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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In the para on your charges this is what I put:

 

My statements show that you have taken xxx in unlawful penalty charges (late payment and overlimit fees) from me over the period of the past six years (date to date). In addition I claim contractual interest at an annual rate of xxx% (compounded daily) on the above charges amounting to xxx. Thus, my refund request amount to £xxxx in total.

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thanks doo will amend it yours sounds better

 

voyager

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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rofl well thats what this site is for to help each other :D

 

voyager

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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  • 2 weeks later...

lba sent friday

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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received the usual offer of difference between charge and £12 have sent letter accepting as partial payment but pay up full amount

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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voyager9, well done in sending LBA but I would advise you not to accept any more funds as you are claiming contractual, not sure of your charge amount in relation to the sum you have accepted but now try to keep your claim intact.

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hi doo i didnt have much choice they have basically placed it into a closed account that was with a dca i dont even have access to it!

 

this is letter i have sent them

 

let me know what you think i dont think i have actually accepted it unless they pay they remainder within 13 days on my conditions .

 

Response to settlement offer.

 

Re: Account number ###########

Dear cap1

Thank you for your letter dated 05/05/2007.

I respectfully decline your offer of settlement and request, one final time, that you return to me all charges imposed on this account(£516 didnt put this in letter oopps), and contractual interest at an annual rate of 21.94% (compounded daily) amounting to £528.01. Totaling £1044.01

For your reference, I have attached a detailed schedule of these charges and a copy of my previous letter for your reference.

 

Additionally, you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you, or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove all information you are processing about this account including but not restricted to the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

Please also find attached to this letter a Notice pursuant to s.10 of The Data Protection Act 1998.

 

In order to avoid Litigation against you, I am prepared to temporarily accept the sum offered as partial settlement on the clear understanding that a statement be sent to prove the deposit as the above account was closed by yourselves and that the remainder is paid in the form of a cheque within the next 13 days. Failure to comply with this request will result in legal action against you for full recovery, as detailed in my Letter before Action.

 

If you do not accept my conditions for acceptance, or you do not respond within 13 days, the money transferred to my account should not be viewed as my acceptance and I hereby authorize you to remove this sum accordingly.

 

However as stated in my last letter dated 8th may 2007I require repayment of any settlement in the form of a cheque made payable to myself voyager.

 

I trust this clarifies my position.

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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It's a difficult one I know when they can place funds in an account, am having this problems myself. The amount they have offered does it fall short of all your charges (I'm sure it does), if this is the case then that is good. Did Capital One not take the account back from the DCA?

 

As for your letter I think you have covered all the points, like the bit about the default - if they do remove the default you also need the other negative info removed that is left in the status brackets. They were probably ignore the s.10.

 

As you say if they do not respond with your timeframe then you withdraw this offer. Important also to ask for a cheque as you have done. Keep us updated.

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if they put it into a closed account then write another letter saying that as they've done this, then you can't accept their offer and will be carrying on for the full amount, as doo says DON'T ACCEPT ANY OFFER THAR ISN'T FOR THE FULL AMOUNT, if you're claiming C/I or CCI.

sorry for shouting, :o

I can't help thinking there should be a sticky about claiming C/I somewhere, as a lot of people are letting the banks and CCs take the charges out, leaving only the C/I, which as i very nearly found out to my cost, is a big mistake. OK rant over;) .

good luck with your claim:)

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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doo

The amount they have offered does it fall short of all your charges (I'm sure it does), if this is the case then that is good.

 

yes it does fall short

 

Did Capital One not take the account back from the DCA?

 

dont know yet dca should have come last night but didnt however this isnt unusual for him not to turn up!

 

c allen

 

I can't help thinking there should be a sticky about claiming C/I somewhere, as a lot of people are letting the banks and CCs take the charges out, leaving only the C/I, which as i very nearly found out to my cost, is a big mistake. OK rant over:wink:

 

i quite agree there should be a sticky it is a very complicated process i read on a post somewhere(cant remember where) that someone was trying to do a seperate spreadsheet of successfull ci/cci claims but dont know if this was done?

 

thanks for both comments advice taken on board and you rant all you want lol.:D

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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update capital one have adjusted my credit file as settled however i have had no further letters from them so will be filing on monday , will be filing for full amount as i havent had any evidence that they have paid the partial payment plus as stated in my letter unless they accepted my terms i wouldnt accept it so basically they have forced it on me into a closed account!

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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doo you gat a pm when you got a min

voyager

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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  • 3 weeks later...

right just a update filed n1 last wednesday , on friday i received as per my request ? which one i dont know the letter doesnt say i presume it was me asking for credit agreement etc ! anyway i received the current terms and conditions and thats it!

 

i havent had notice of issue yet hopefully that will come tommorow

voyager

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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Voyager, can you scan and PM the current T&C's please?..

 

Did you ask for a CCA?..

 

Uk

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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hi uk yes i will try its longer than scan machine so will have to scan seperately

 

yes i did request cca via dca who told me cap1 couldnt provide one

so i used cpr4.6 to request it

 

am abit annoyed i took claim forms to court last wednesday only got issued monday deemed served tommorow cap1 got till 20th to acknowledge

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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uk you got a pm

 

voyager

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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