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    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. 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. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
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Drew c Captial One PPI


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Drew

 

I am in the process of claiming back my ppi from cap 1. I have all my statements and CCA with my signature but nothing with PPI check box.

 

Is there a spreadsheet for calculating this PPI? If so, can anyone please point me to a spreadsheet for PPI similar to the bank charges one.

 

How did you calculate yours?

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Hello Bahoney

 

This is the one most of us use at the moment :

 

http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

 

Just change the interest rate to your APR.

 

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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well it appears capital one have no intention of giving me my PPI payments back, I have sent a LBA for this and they have rejected it, what would the next course of action be for this

 

Hello Andy,

 

If the card was opened before 2004, the FOS may not investigate your claim, but you can always ring them for advice.

 

Your other option is to issue a N1 at your local county court.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Mine was opened in september 2004 will that come under the jurisdiction of the FOS

 

Hello Carl,

 

Possibly yes, but as I do not know the actual date, April springs to mind, but not 100% sure of this, I would ring them and get it straight from the horse's mouth. When you know will you post up a new thread to let others know please.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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  • 1 month later...
  • 2 weeks later...
  • 1 month later...

capital one have now defaulted my account and passed it to debitas

 

i have had a number of calls from them regarding this and have told them a number of times its been in dispute since september. Cap one never supplied me with a CCA as requested, now they have defaulted my account. are they allowed to do this

 

urgent advice please

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capital one have now defaulted my account and passed it to debitas

 

i have had a number of calls from them regarding this and have told them a number of times its been in dispute since september. Cap one never supplied me with a CCA as requested, now they have defaulted my account. are they allowed to do this

 

urgent advice please

 

 

Hello Andy,

 

Oh they are very very naugthy, but their behaviour is not surprising and they think they can do what they want:rolleyes:

 

Write to the dca telling them that the account is in legal dispute and suggest that they discuss the matter with capone. Tell them you will only communicate by letter and that any telephone calls from them will be logged for a case of unlawful harassment for pursueing an alleged debt. Always refer to the alleged debt, they need to provide a true copy of your ca to prove that you owe money.

 

Do not speak to them on the phone:grin:

 

As for the default, send cap one a letter informing them that they have breached the office of fair trading guidelines in defaulting the account whilst it is in legal dispute. IE no bleeding ca provided.:grin: Report them to the OFT and trading standards:grin:

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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sorry to be a pain, but is there some kind of letter template somewhere for this, if so could someone please point me in the right direction

 

Hello andy,

 

I do not think there is a template letter, maybe sent them something along these lines, it is one I sent to a dca and I must admit they did retreat:grin:

 

Your call

 

Dear Sir/Madam,

Your ref: xxxxxxx

Thank you for your template threatening letter proposing your intentions regarding this alleged debt. May I suggest that there is urgent liaison between yourselves andxxxxxxx regarding this matter. This account is in clear legal dispute. Any verbal or written contact from your company to myself, I will retain for my files and will take the appropriate legal action for unlawful harassment.

Please take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and inform the OFT of your actions.

 

I look forward to your reply.

 

Yours faithfully,

 

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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  • 1 month later...
  • 2 weeks later...

Hello andy,

 

have you seen this

The FSA investigation centred on the sale of 335,000 PPI policies relating to credit card debt.

 

Capital One has been fined £175,000 by the Financial Services Authority (FSA) over payment protection insurance (PPI) sales failings.

  • Capital One failed to send a policy document to more than 50,000 PPI customers between January 2005 and April 2006
  • Sales scripts did not ensure adequate disclosure of policy features and exclusions to customers
  • Capital One's monitoring of sales calls was not sufficiently effective.

from this...

BBC NEWS | Business | Capital One fined over PPI sales

 

They have been fined I am not sure about your circumstances as I have not read all of your thread posts. But if it is useful to you well and good

 

regards

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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