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    • Part of the POFA rules for creating a liability to pay a parking co is identifying the land they control so is there another palce of the incorrect name? If so then photographs of the other site will prove that your vehicle cnat possibly have been there as the images they will produce wont match the background etc. If however Bromhall developments is the name of their employer would the land in question be known by the same name for the entire development?   The POC is the usual rubbish and inaccurate one they cribbed from Gladstones so can be attacked in your outline defence.   Now I have googled Broomhall developments and they are an Irish Co that has bult a similar named housing estate in IRELAND. ther is also  a Broomhall gateway development plan for SCOTLAND but nothing in England, let alone Sheffield specifically   defence has to be in a fortnight after the deadline for the AOS assuming you get that in on time.   On google noseyneighbour I can see signs near to the parking bays that say permit holders only so unless you have a permit the signage doesnt apply to youas you would be prohibited fro parking there anyway. So with this in mind were you parked in a bay or on the road? Were you visiting or connected to the property that bay was allocated to and if so can you find out if the bay is part fo the property and noted in the deeds. If it is then it has nowt to do with VCS.   So you are going to grab some pictures and then you compare these to the web site of Broomhall development in ireland and that will be part fo your evidence   Also ask council when the Close was adopted by council as it appears to be a public highway
    • Ericsbrother   If I had the opportunity at the time I would have argued the value on the Court claim, however this wouldn't have changed by a significant amount.  So asking for it to be set aside is probably not going to end this in the long run.   No we don't owe any money to the business.   We have a good set of books and records.  No account filed as of yet.   The company is still 'active' on companies house and has not been dissolved.  We only received the Notice of enforcement a few days ago.       What makes you think they can force entry into a domestic property?      
    • Sorry but I think that it is rather precipitative giving advice – and rather over-generalised advice at that – until we understand more detail about the circumstances.
    • now the terms will specify that they can cancel if weather if bad etc and you have to accept that but by doing so they have to accept that the voucher's term is extended or they must refund for their failure to perform to the contract. essentially you should have asked for a refund on a no fly day and they would have to comply and by continuing to  accept things you were blindly accepting alterations to the original conrcat and that makes things more difficult. i would write again giving them 14 days to refund as they ahve filed to perform to their contractual obligations and then sue them if they still dont cough up. However, this meaqns you must follow through with the threat of cort action so before you start you need to read up on the relevant consumer legislation and also about performance of contracts
    • They say I was on Broomhall Developments, the car was parked on Broomspring Close.  S37XA
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mkandy

MKandy vs Capital One "WON"

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Had a default placed on my account by these lovely people, had some hilarious letters sent back by them basically telling me to get lost.

 

S.A.R - (Subject Access Request) request sent yesterday, going to reclaim any charges and get the default off too. Should be relatively simple!


NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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Yep, Cap1 are quite straightforward.

You WILL have to file court action, but they normally fold before it gets into court.


Be VERY careful whose advice you listen too

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Yeah i've been reading up on the wins with Capital One. I have no problems taking it to court, the default amount is only £300 odd, and was applied 4 years ago. Based upon that, and the fact most of it is made up charges i'm hoping they wont bother persuing a court case for such a small amount of money.


NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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All statements and manual intervention recieved today (very promptly, and Special Delivery too!).

 

Charges only amount to £360, spanning a year but the point is it amounts to more than the default amount they placed on my credit file (hurrah!). Preliminary Request for Repayment to be sent first thing tomorrow.


NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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Are you going to ask for Contractual Interest?


Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

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

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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The standard 8%? Yup


NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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Ok, the 8% you can ask for at the court stage, not in your preliminary letter. You will probably get a small offer of some charges back, but if you follow the procedures you should get all of your charges back. You will have to file with the court first though. It has been this way for over a year now.

 

Uk


Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

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

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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Yeah i realised my error this morning, i've sent out the letter not inclusive of any interest charges, and i've stated this in my Preliminary letter. I will argue the Interest if/when it gets to a court stage, we're not talking a massive amount here though, roughly £30.

 

The main thing i'm looking to resolve is the outstanding default, which is less than the total accumilated charges.


NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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Reply recieved nice and quickly today. Offering me the difference (as expected)

 

Quick question though in terms of next steps. Shall i get a copy of the CCA and send the LBA still (accepting the partial offer).


NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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Sent rejection letter today! :D


NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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Good, now the wait. .


Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

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

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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Long wait no doubt, given the postal strikes.

 

LBA, then Court Action! Hooray!


NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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Recieved a reply to my rejection letter!

 

Generic words to the effect of:

 

'Our offer stands, get lost sucker, here sign another form (which they didnt attach), this is my final letter, let's put this behind us so we can save the court's valuable time.'

 

Ellie Renshaw.

 

I find the last bit hilarious! Save the courts valuable time! How about you just pay me instead then!

 

I'm going to file an N1 soon (when funds allow as decorating comes first!). How much does is cost to file? Amount is only around £350...

 

I suppose the steps after filing will include, full offer, neglecting the default on my Credit File. They tell the court i've settled. I then disagree, they remove default, i go and buy my new tv?


NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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Remember to mention clearly on your N1 that this is regarding a credit card account otherwise it gets stayed automatically until the OFT case.....i made this mistake and then had to send separate forms and charges requesting a lift on the stay...


Co-Operative bank default removal - succesfull december 2007.

 

Capital One Bank default removal - succesfull february 2008.

 

Co-Operative bank Visa default removal- Claim filed March 2008

 

Smile default removal - ongoing

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Where abouts? They wont be offended by CAPITALS will they?


NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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When I handed mine in the clerk said they knew Crap One it weren't bank claims so there wouldn't be a problem, and there wasn't. To make sure, I put "......return of penalty charges levied to the claimants Crdit Card Account" in the Brief Details of Claim part on the first page of the N1. Suppose it depends what Court it is as well and how up on things they are. I filed at Walsall. Did the same on OH's Snatchwest claim and that hasn't been stayed either.

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Thanks Wendy - how much was the fee for filing?


NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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It was £80 when I did my Crap One claim, but the fees have changed now from 1st October. Have copied from Courts website for you

 

up to £300

£30

£300.01 – £500

£45

£500.01 – £1,000

£65

£1,000.01 – £1,500

£75

£1,500.01 – £3,000

£85

£3,000.01 – £5,000

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Sorry if it seams that I'm hijackking I'ts not my intention!

hi I'm Claiming

£818 in Charges

£230 Self litigation Fee

£211.25 Stat 8% interest to date and

daily rate of £0.18

when I put total claimed on my N1 do I include the stat interest to date ie; total ammount claimed £1259.25 or £1048.00

I would be grateful for any help


[sIGPIC][/sIGPIC]

 

:)Surely life can't get any worse it has to only get better from hear on out:)

 

LTSB- My claim like thousands of others is Stayed

Cap 1-See my tread about that one

Barclaycard- Won before court stage

GE capital -2 accounts and LTSB card letter asking for refund stage (Waiting for out come of the above to carry on with these ones )

Sars sent for all my mums accounts

About to start PPI claims on My Mums accounts

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Thats what I did on mine, except I didn't have a self litigation fee (whatever that is). I put the part about the daily rate underneath the total that I'd put in the value part.

 

As you've already got a Capital One thread of your own best thing to do would be to post any questions on that.

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Is it worth applying for CCA before i proceed to court?

 

I want to get a default removed, and feel this could come in useful for leverage.

 

Andy


NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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UK and Doo (Ithink) is your best bets for this one, but as far as I know you should be able to get the default removed if the charges make up the most part of the default. The advice is to claim default and charges as the same claim.

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Might do that first then, wait the 14 days then issue the N1


NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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Hi Andy

 

I would get a CCA anyway. I have a feeling you may have an Application form and not a fully executed agreement. Worth a look. If this is the case then let us know.


Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

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

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

Share this post


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I don't remember signing anything! But then again it was 2002 and that was an awful long time ago.

 

CCA sent today - recorded delivery.


NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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