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caspercat1

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About caspercat1

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  1. Update on this my hearing date is set by the Court and Capone have made an offer to settle in advance, we are still in negotiation on this but the moral is don't give up.
  2. Ok so I slept on this and decided to press ahead " not one to give up without a fight". The claim hinges on whether the penalty charges are fair or not and so far no court has substantiated that credit card charges are fairly charged. Unless crap1 substantiate their charges instead of hiding behind confidentiality they will lose again on this point. I wil offer to sign an NDA if they are prepared to share this with the court. This claim is not about the conduct of the account so I need to deflect that issue and if the court rules against them and they attempt to sue me for damages I will counter claim damages to reputation, ability to gain loans and loss of income which I can prove, all because these unlawful charges caused me to go over the limit or pay late and pick up the default. Bottom line is I will negotiate with them prior to hearing and see what I can get
  3. Thanks for the advice all and I think I might drop it based on this. The whole purpose was to claim the charges and seek default removal as part of the negotiated settlement which looks flimsy now and that threat of damages is nasty. At least I have the comfort of knowing that I made them sweat on the defence.
  4. All persume I just sit it out and ignore allocation and wait for hearing date. Has anybody had a look through defence ? the bit about additional damages counter claim should the court rule charges are unlawful worries me, or is just smoke and mirrors.?
  5. All, reading through defence there is a bit about counter claim for damages should the court rule charges are unlawful. Is this there standard threat and just smoke and mirrors? This obviously is a bit worrying. Also do I sit it out ignore allocation questionnaire and wait for hearing date?
  6. Allocation questionnaire arrived today with completion by the the 30th May, so looking for your help soon on this and the defence lodged.
  7. Sorry about that site team, silly of me but easy to and thanks for rectifying it so quickly in the original post
  8. Ok see here is the defence lodged by Cap0ne and anonymised of course. I have not included a big pack of statements and the original agreement suffice to say you would expect them to include these. Let me know what you think.:roll: [ATTACH=CONFIG]43867[/ATTACH]
  9. All how do I attach a pdf file ?????????
  10. Hi frankey67, did you go to court? I am in the process now waiting for my hearing date and they have lodged a defence so seem to be fighting back
  11. Spoke to soon and defence has been lodged on MCOL yesterday and arrived in the post am on today. When I rechecked it was the last day possible, just wondering if this is usual brinkmanship and are they hoping I will back down before the hearing because I will not.
  12. ]My 28 days are nearly up and no defence lodged by Capone or even a peep only another 2 days before I apply for judgement. Do I need to submit any further info to the courts such as detailed spreadsheet charges or copies of LBA letter and Capone rejection.
  13. Got the note back from the court that Capone legal have acknowledged the claim so no chance of 14 day default judgement therefore will sit back and see if they lodge a defence. Getting slightly nervous about this now but I am assuming they are playing for time to make me an offer and try and get me to back down but if it goes all the way I will not back down.
  14. dx100uk Just saw your comment on this post below and in a recent letter from CAPONE they also mentioned that had issued me with a similar letter stating 14 days and not a specific date is this specific grounds to also challenge the validity of the default after I win my case on unfair charges "so atleast 2 things wrong with the default already. and knowing cap1 well for that period their dates were WRONG also they stated 14 days from the date of the letter NOT in the correct format of DD/MM/YYYY"
  15. All, my MCOL is lodged and now issued by the court so do I just now wait for a defence or offer to come through from CAPONE ? In the meantime do I need to add anything else on MCOL ??
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