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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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how cheek is this... ***WON***


jordash
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Executive Office

Capital One

PO Box 5281

Nottingham

NG2 3HX

WARNING TO ALL

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  • 4 weeks later...

tomorrow will be the day that i shall start an mcol against cap 1. i have sent the required letters, prelim and lba, but havnt heard anything back what so ever.

is this usual for cap 1? i ask because with my barclays claim i had at least had a reply with an excuse for an offer in it before i got to the stage of starting an mcol

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Jordash,

 

Cap 1 usually respond to LBA with an offer refuning the difference between £12 and £20. Maybe they are snowed under!!! Go ahead and file your court claim, they only pay up when you do this.

 

glav:)

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i was going to file my court claim anyway, i just thought it strange not to have heard anything from cap 1.

when you say they only pay up once you serve this, would this be like barclays where they pay up about a week before the court date or do they usually pay up sooner than that?

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Jordash,

 

Not really sure of the answer to that!. Just a little ahead of you myself, filed court claim on 4th May, but I live in Northern Ireland so apparently will take a bit longer to serve on cap1. From reading other people's threads, the pattern seems to be that cap1 will acknowledge claim and then file defence, that being that the claim is settled as they have paid you in full!! Here's hoping!!

 

glav:)

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hi jordash..

 

Yes..carry on with time schedule. If you have given them 14+14 days with no reply then press on!! They would,nt give you any more leway if the boot was on the other foot!

Also from what i have read in other peoples threads cap one tend to pay up just after the MCOL stage.

 

Good luck..;-)

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i today receieved a offer from captial one, but also at the same time which come through the letter box much to my amusemunt was a letter which started " Thank you for writing back to me about my offer to refund £434 of the fees we've added. im sorry to hear you feel my offer isnt substantial enough"

 

how could i have rejected their offer when it only came through this morning?

 

anyway time to start mcol.

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class! They are useless

 

are you sure they havent refunded the fees directly to your card - abbey started doing this..........

If you think my advice has been helpful, please click on the scales to the left :) thank you!

 

Non illegitimi carborundum

 

 

I wish I was a glow worm,

A glow worm's never glum!

 

How can you be grumpy,

when the sun shines out yer bum?! :p

 

 

Amex * 2 *** WON *** Settled

Marbles ****WON*** In full settlement

Capital 1 ***WON*** In full settlement

MBNA ***WON**** In full settlement

Barclaycard ***WON*** In full settlement

Barclays Bank - ***WON*** In full settlement

Abbey ***WON*** In full settlement

Abbey (Mrs Chorlton) ***WON*** In full settlement

Abbey (Mr and Mrs C) - MCOL submitted 16/5/07

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they might have done but as my card was paid up a while ago so they'll have to send me a cheque anyway because my card will be in credit then.

i dont think its just abbey that pay straight on to the card, it happened with my barclaycards aswell.

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i today receieved a offer from captial one, but also at the same time which come through the letter box much to my amusemunt was a letter which started " Thank you for writing back to me about my offer to refund £434 of the fees we've added. im sorry to hear you feel my offer isnt substantial enough"

 

how could i have rejected their offer when it only came through this morning?

 

anyway time to start mcol.

 

 

They've really gone quite MAD in there lately - I think they had so many claims hit them they haven't a clue anymore? :D I sure hope they paid you though - don't let it drop till you get what you want :)

My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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  • 2 weeks later...

They may file a defence first before paying out. Not too long now.

 

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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I have just recieved my cheque from them.

Filed through mcol 21/04/07

deemed served 28/04/07

Cap1 Acknowledged 30/04/07

Recieved letter saying they would pay 18/05/07

recieved defence from court saying they will pay 22/05/07

Recieved cheque 25/05/07

 

so not too lon to wait now!!!

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  • 3 weeks later...

on friday i received notice from the courts that cap 1 had filed a defence to say they have paid out the claim in full.

then on saturday i received a letter from cap 1 saying that i should have my cheque for £1546 within 14 days.

i will cancel the court proceedings once the cheque has cleared and is in my bank.

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on friday i received notice from the courts that cap 1 had filed a defence to say they have paid out the claim in full.

then on saturday i received a letter from cap 1 saying that i should have my cheque for £1546 within 14 days.

i will cancel the court proceedings once the cheque has cleared and is in my bank.

 

 

Hey well done!! Hope you get your money soon!! :D

My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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Well done. . good job

 

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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