Thanks Jogs Are they actively defending in court? Could you direct me to a relevant POC template I could use? glav

Hi all I started the process of claiming mis-sold Lifecare and Medicare Insurance dating back to 2005 and eventually three weeks ago FSCS refunded me just over £1100. However having used the spreadsheets and loan progression sheets on this site I calculate that the insurance payments I have made to date total £1464 and compound interest amounts to £2231, total claim of almost £3700. To say I am not happy about the FSCS refund is an understatement and when I appealed they are basically not entertaining compound interest and rattle on about LIBOR rates which to be honest I do not understand. My question is this: can I now proceed to Small Claims Court and file against Welcome Finance even though they have been declared in default?

Uk The difference is about £1400, hubby intends to close the account completely. glav

Phoned court yesterday, they basically said that the judges generally permit a late service of Notice of Intention to Defend but that if we want to withold our permission we will get the chance in court to explain why and it will be up to the judge on the day whether he awards Capital 1 the expense of filing the late service. We have to think really seriously about whether we continue to proceed. The balance on the card is still at zero despite writing asking Cap 1 to take it back as we did not accept settlement. Therefore, their defence will be that they have refunded all the charges and we are left to fight on contractual interest alone. As we are in Northern Ireland and this is a civil bill as opposed to small claims, we would be liable for costs if we lost and we are now thinking that it may be too big a risk and maybe not worth it. We are now at the point where we are thinking we should be content that the balance on the card (£1800) is cleared and one less debt. glav

Sorry UK, your post and me sending you a pm has evidently crossed, will ring court in am and see what they say. glav:)

Thanks for responding Doo, have sent pm to UK glav:)

Can anyone advise pleeeeeeeeeease!! glav

bump

Hi folks, just to update and ask some advice. Notification of Intention to Defend received from Cap 1's solicitors dated 6th August. Today received this from same solicitors. "On 6 August we forwarded you a Notification of Intention to Defend. At the same time we forwarded a copy to The Chief Clerk for Ballymena Court Office. This Notice of Intention has been returned to us pursuant to Order 8 of the County Court Rules. Essentially what that Rules states is that a Defendant should serve Notice of Intention to Defend within 21 days of service. This firm had only just received the papers from Capital One at that time and therefore it was not possible to serve notice of the Intention to Defend within the 21 day period. This is a common occurence and the normal manner of dealing with same is to write a letter to the Plaintiff's solicitor requesting the necessary consent to serve a Late Notice of Intention to Defend. In almost all cases this is forthcoming. If you do not consent, or we do not hear from you within 7 days, we shall make the necessary application to the County Court to allow late service of Notice of Intention to Defend and again, if we do not hear from you with your consent, or your consent is unreasonably refused, we shall seek costs of the application. We look forward to hearing from you within 7 days with your consent." Court has evidently refused the Notification of Intention to Defend, how do we respond, surely we could not be held liable for costs as they as a big organisation had ample time to file with court? any thoughts/advice on how to respond to the solicitors? Greatly appreciated, thanks. glav:)

sowerby any update? glav:)

Cheque now cleared. Can a mod change this thread to WON!!!!! Thanks glav:-)

Congrats Jackster and well done! Knew you would get there. glav:-)

Hi Umps You could try ringing Customer Advocate Office and ask to speak to Colin Pugh, he settled with my hubby on the telephone with full CCI. The number is 01244 672628. He also has an e-mail address [email protected] Hope this helps. glav:)

Hi oneintheneck, Received cheque from NB yesterday, with 94% of what I originally claimed. Just waiting on cheque to clear. I have WON!! and am absolutely delighted. glav:) :)

Camendite You could also try ringing Customer Advocate Office and ask to speak to Colin Pugh, he settled with my hubby on the telephone with full CCI. The number is 01244 672628. glav:)

Congratulations and well done!! glav:)

Thanks for the click, Annie glav:)

Thanks surprise glav:)

Same as you - good ol' Northern glav:)

Hi all I sent CCA request to Littlewoods on 24 April 2007 and heard nothing until today. I received the following letter: " With reference to your letter dated 24 April 2007 I can confirm that we will not be pursuing the above account for the outstanding balance. As the debt remains unsatisfied this will be noted on our internal file for future reference. This information will also form part of your records at the Credit Reference Agencies where we share information. This information will remain on your Credit Reference File for 6 years." This means that they do not have a CCA to send me but surely they are in breach of the Data Protection Act by processing my information to CRAs without me having signed anything and I can complain to the Information Commissioner. I would appreciate some advice on how to reply to Littlewoods to ask them to remove all information about me. Thanks glav:)

subscribing glav:)

Hi oneintheneck, I got an offer from service recovery this week too on a personal account. I amended the signature receipt to say that I accepted offer as full and final settlement of my claim for unlawful charges between May 2001 and May 2007. I scored out completely the sentence about never making another claim. Just posted it back yesterday so don't know how it will be received. glav:)

Annie Use the template in the library - SAR letter - use the link below - and don't forget to include your £10 fee. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html glav:)

Max I got two offers the same but they never materialised and I only got paid once I filed a court claim. glav:)

Jubaxt No default removal, and just felt it was safer to try to keep claim whole. Will let you know how they respond. glav:)