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Hello everyone here is a brief rundown of my situation so far
Asked for 6 years statements over the phone, received on 19th April, calculated charges £750, sent off lba on Friday 21st April. Got standard letter with £40 refund and waffle from mr udy which is being rebuffed today and this Friday i take it to the next level !!. The one thing im worried about is that the majority of people have sent the prelim letter then the LBA, i have gone straight to the LBA. Can i confirm this doesnt affect the legality of my claim as it appears i have just received the standard letter anyway thus saving 14 days of waiting if i had done both??
You need to wait 28 days, therefore sending 2 letters, the advice is here for a reason, and If you only send the 1 letter and file after 14 days, the banks will argue you didnt give a resonable amount of time for them to reslove this, and the judge may take their side on this!
Yes, its not worth trying to short cut the rules stated here!
If the bank see's an angle they could win on, then they may be more likely to defend, and that isnt the ideal situation, incase you lost!
This is all very unlikely, but as the banks have thousands of requests at the moment, its best to give 14 x 2, that way if you did end up in court you could tell the Judge you have been "more than reasonable"
Though by Mr Udy replying with the standard bog off letter, shouldn't that be sufficient to say that Capital One have considered and refused to pay up? They don't say they are looking into the matter or anything, so I would personally say that although the usual procedure of Prelim letter, then lba letter hasn't been followed in this instance, sufficient time to consider has been given as they have obviously looked into it (well I know they haven't really, just sent out the standard letter, but it would look to a court that they have) and refused to admit any wrong doing.
Don't forget to contribute to the CAG. Without them we would probably still be drafting our prelim letters.
OH Cap One - £436/ So far received £40. MCOL submitted 17/7/06. Caved 4/8/06 for full amount!!!
OH Monument - £140, claim filed 8th May. Requested judgement by default, settled in full 4th July via out of court settlement (see thread). Total £192ish received.
Me Barclays - £630. Received letter 13th May offering £300 full and final (they can bog off). Claim filed 16th May. Acknowledgement of Service filed 22nd May to defend all of the claim. Allocation Questionnaire completed and Stay been ordered by Judge on 18/7/06!!!
Cheers for the response mr alleycat, i must admit im thinking along the same lines as you and with the volume of letters/claims they are receiving and the apparant complete lack of research they make into each individual case (standard letters etc) i would be quite confident that it wouldnt have any impact on there final decision, i reckon they just drag it out for as long as they can and then pay out, how many people have actually had to go to court ??
Brows v capital 1
statements over the phone, received on 19th April, calculated charges £750, sent off lba
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