Jump to content


  • Tweets

  • Posts

    • That explains it then. MET's fantasy is that it's a pay car park.  You're only let off paying if you are a Starbucks customer which you can't be when Starbucks is closed.  'Cos otherwise lots of people would abuse the car park facilities on the far edge of the Stansted Airport area in the middle of nowhere to ... admire the bushes?  Look at the cloudy sky? The important thing is that we have around 140 cases for this site, and MET have only tried court seven times.  Even then, they had no intention of getting as far as a hearing, they were attempting to intimidate the motorists into paying, when the Caggers defended the cases MET discontinued.
    • She's an only child and he as a brother and sister. He has no will and we have done a check on this to find out if he had left one and nothing has come up. He has savings of around 28k His sister and brother are well off so 28k is nothing to them and aren't interested in his money. This just leaves my wife/his daughter. Would this still need to go to probate there is no estate e.g house or business to sell and the amount left in his bank is just small? When his wife died they just closed her bank account and moved her money across to his account and we just assumed that once my wife has handed in the death certificate and shown evidence of who she is the same would apply to her? We don't know yet the council have only just written to us today with a guide of what to do next.  
    • Did your FiL leave a Will and if so who is the Executor? Strictly speaking banks could refuse to take instructions until Probate is granted but In practice I would expect the bank to take instructions to cancel the DD if the Executor presents the death certificate and a certified copy of the Will
    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
    • Yes, I believe the Starbucks was closed at the time the car was parked there 
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

Drew v Capital


andyford2000
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5803 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

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

 

Thanks

Recommended Posts

many thanks all for the advice

 

I have received a letter today from CAP 1 with regards my CCA request.

 

they have sent me Credit Card Agreement Regulated by the Consumer Credit Act 1974

 

it has my name and address Typed on the document at the top, but no signatures or dates just general terms on it.

 

to be fair, I cannot remember ever seeing any document like this before.

 

what should one do now ???

Link to post
Share on other sites

  • Replies 152
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Are you able to post it up for us to look at?. . just blank out your details.

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

Link to post
Share on other sites

many thanks all for the advice

 

I have received a letter today from CAP 1 with regards my CCA request.

 

they have sent me Credit Card Agreement Regulated by the Consumer Credit Act 1974

 

it has my name and address Typed on the document at the top, but no signatures or dates just general terms on it.

 

to be fair, I cannot remember ever seeing any document like this before.

 

what should one do now ???

 

Sounds like the one they sent me.

 

http://i195.photobucket.com/albums/z27/Steve63_01/IMG_1180.jpg

Link to post
Share on other sites

I think you should, there is a template letter to send that says the form they sent does not fulfil thier obligations under the CCA request.

To be honest I'm pretty new to all this but I am picking it up, I had a call from Cap 1 today and when they asked me to confirm thier questions for security reasons I just said no, the guy said "pardon" I said no again he said "you must confirm the questions before I can talk to you about your account" my reply? well we may as well end this conversation now then, he he.

Link to post
Share on other sites

just had a call from Crap One on Mars asking for my security details as the normal, only missed this months payment, and is only for £34. buggers

 

told them I was placing the account in dispute for the reason of not suppling me the required information in regards to my CCA request. they werent happy at all, hehe

 

I am in the process or typing up a letter regards the failure and also request for all my PPI payments back aswell as the charges and interest.

 

am i doing this right, or have I opened a can of worms for myself

Link to post
Share on other sites

this is what I am proposing sending, is it correct

 

Dear Sir/Madam

 

ACCOUNT NUMBER: 1234567890

Thank you for the information you sent following my request under the CCA 1974.

 

However, I made a request to you on 30th July 2007 for a copy of the executed agreement applicable to the alleged debt. Under the CCA s77/78, you are obliged to send me a TRUE copy of the actual credit agreement but you have only sent me a copy of some recent terms and conditions.

 

A regulated credit agreement contains all of the prescribed terms, other required information and statements of my statutory rights. Any separate terms and conditions (which should have been referred to in the original agreement) should also be provided to me and must be those applicable at the time that the agreement was signed.

 

I would remind you that under the terms of the CCA 1974 the 12 days for compliance to my original request have now expired, and I have no obligation to pay any more payments until you supply the above TRUE copy of my signed agreement.

 

I would therefore be obliged if you would send me a TRUE copy of these documents within the next 7 days.

Yours faithfully,

Andrew Ford

Link to post
Share on other sites

will this do,

 

Legal Compliance Specialist

Capital One Bank (Europe) plc

Trent House

Station street

Nottingham

NG2 3HX

3rd September 2007

 

Response to settlement offer.

 

 

ACCOUNT NUMBER: 1234567890

 

Dear Ellie Renshaw,

Thank you for your letter dated 10th August 2007.

I respectfully decline your offer as Full and Final settlement and request, once again, that you return to me all charges imposed on this account, totaling £964.00 plus a further £752.77 in interest.

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

If you do not accept my conditions for acceptance, or you do not respond within 7 days, I shall have no alternative to pursue the recovery of said monies through the County Court. For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter.

 

 

I trust this clarifies my position.

 

 

Yours faithfully

 

Andrew Ford

Link to post
Share on other sites

I have a letter back from capital one, basically with the same offer as before.

 

what is the way forward now, I am claiming Fees of £964.00 and interest of £752.77 based on 22.13% interest total £1716.77

 

any help would be welcomed.

 

 

Dear Mr Ford

 

Thank you for writing back to me about my offer to refund £370 of the fees we've added. I am sorry to hear that you feel my offer isnt substantial enough.

 

As I've already explained, we're confident our fees are both fair and legal and I'm dissapointed to hear you're considering court action. The OFT haven't told us that we're obliged to refund any fees, and we've offered refunds as a gesture of goodwill. I'm afraid I wont be refunding all of the fees as you've asked.

 

My offer of £370 is still open to you. I won't be increasing this, as it is my final offer.

 

Finacial regulations require me to advise you that this is my final response in relation to this matter. However, you now have the option to contact the financial ombudsman service within six months from the date of this letter. Their contact details are in our complaints leaflet, which I included with my last letter.

 

Again, I look forward to receiving your signed settlement form so we can put this behind us and save the courts valuable time.

 

Yours sincerely

 

Ellie Renshaw

Link to post
Share on other sites

how about this as my reply, thoughts please

 

Legal Compliance Specialist

Capital One Bank (Europe) plc

Trent House

Station street

Nottingham

NG2 3HX

10th September 2007

 

Response to settlement offer.

 

 

ACCOUNT NUMBER: 1234567890

 

Dear Ellie Renshaw,

Thank you for your letter dated 5th September 2007.

I respectfully decline your offer as Full and Final settlement and request, once again, that you return to me all charges imposed on this account, totaling £964.00 plus a further £752.77 based on 22.13% contractual interest, or either £213.53 based on 8% interest which is likely to be added by the Courts.

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

If you do not accept my conditions for acceptance, or you do not respond within 14 days, I shall have no alternative to pursue the recovery of said monies through the County Court. For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter.

 

 

I trust this clarifies my position.

 

 

Yours faithfully

 

Andrew Ford

Link to post
Share on other sites

Andy,

 

Seems fine but I'm not sure about offering them the alternative interest rates, did you do this in your prelim claim?

 

You should stick to your guns the courts can decide which interest rate, and go for the contractual interest, be sure to have your arguments in place should it go to court.

 

Does your charges figure include interest that they have charged you on the charges(if you know what I mean?).

 

I am at the same stage with Cap One and have the same offer from Ellie R.

 

I will be writing a letter to day stating refusal and LBA. I wanted to find the EGG letter that someone wrote arguing against the £12.00 fee reduction, but will have to look of it again(anyone have the link??).

 

You can follow mine at the Beetlejuice vs CapOne thread

 

good luck hope me comments helped.

 

BJ

 

:cool:

Link to post
Share on other sites

Hi Andy

 

Leave out the 8% offer to them at this time. It's normally added at the court stage. You don't want to give then the option of CCI or 8%. Don't agree to any terms offered, it's a staright forward calim for charges. There should'nt be anything attached.

 

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

Link to post
Share on other sites

Bad news down here in the South West today.:(

 

My N1 went in last week & I got a letter back today & the courts have decided to apply a Stay until the outcome of the OFT test case!!!

 

I cant believe it & am outraged.

 

This is the first Ive heard of Cap 1 having a stay, what about you?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...