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Classic Cap1 cock up


joebloggs
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I would send back the cheque, tell them you reject their offer as it is nowhere near what you have claimed and that you intend to carry on with the case. Copy the letter to the court (make sure it has the claim number on)

Steven

 

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  • 2 weeks later...

Victory!!

 

Cap1 offered a settlement just before christmas 2007, i was happy to accept it though it was for around half of what i had actually claimed.

I waited and waited sadly Cap1 didnt send out the cheque as indicated (within 14 days).

I decided to ring them and remind them.

Lo and behold they send me a cheque for £200 less than what they had stated.

Again i rang them and was told in no uncertain terms what i had was it and to accept it.

Cap1 had taken upon themselves to write to the court and tell them the claim was settled and no further action was to be taken.

Clearly they had tried it on with the court, and as they had omitted to file a defence thought i might have my final little dig at this sorry bunch.

Copied all the letter and cheque and wrote to the court requesting default judgment.

Have just got off the phone now and the judge has indeed granted judgment in my favour.

Just waiting for the paperwork now.

Will Cap1 really make my year and not pay so i can send in the bailiffs, i really do hope so.

I love the smell of banks coughing up refunds early in the morning

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Nah, they'll send you your cheque i would have thought

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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Will Cap1 really make my year and not pay so i can send in the bailiffs, i really do hope so.
UNfortuantely, I think mkandy is right :(

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Well.

The paperwork clearly says Judgement for Claimant (in default)

To the defendant:

You have not replied tot e claim form.

It is therefore ordered that you must pay the claimant £xxxx.xx for debt (and interest to date of judgement and£55.00 for costs.

You must pay the claimant a total of £xxxx.xx by 31st January 2008.

 

Sadly the good old crapsters have not paid, i did ring them on the off chance they wanted to play ball.

Sadly the individual i spoke to didnt have a clue and went out of his way to try and wind me up.

At one stage tellign the contents of a letter he was reading were different to the same one i was reading.

Have to say i am really surprised they have chosen to be so aggressive and ill informed.

What really does annoy me though (and i choose my words very carefully) they seem to have no problem with out right lying, not only to me but also the court.

So Request for Warrant of Execution has just been completed and will be handed into court tomorrow morning at 10:00 am prompt.

I love the smell of banks coughing up refunds early in the morning

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Hi Joebloggs, i have just got a judgement against them too, and am just hoping they dont pay me withing the 2 week deadline, then i will send in warrant of execution, would make my day to send the baliffs in. You go for it.

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Sadly not, no i wont be in a position to see the the men in black executing the warrant.

As the court opens in ten minutes just going to take a nice cheerful drive round there now to put in the paperwork.

Nice way to finish off a crappy week at work me thinks.

I love the smell of banks coughing up refunds early in the morning

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  • 2 weeks later...
  • 2 weeks later...

An interesting development here.

Rang the bailiffs yesterday as i hadn't heard a thing at all from anyone.

I was informed that Cap 1 deny the debt, and have produced paperwork to take the matter to court.

Now according to my local county court and indeed Nottingham county court both are saying the case file has not been updated since the warrant of execution was issued.

Anyoen any ideas on how best to proceed with this now?

I love the smell of banks coughing up refunds early in the morning

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HI JB,

 

I guess you will have to wait and see what the next development is from here on. Did they acknowledge the claim or you got a default judgment? If you did can you show the COurt you tried to get paid before getting the Warrant?

 

I am in similar situation with Amber, I brought the claim they did not acknowledge and I got Default Judge. In my case I got a letter from Amber after the Judgment was received by them stating they are still looking into my complaint! LOL Bless them, so IO wrote with a copy of the Judgement giving them 7 days to pay up. They have not as yet and have till Tuesday. I also called them up and they have not responded either way. I hope that by doing all this I will give the Court enough evidence that they have had more than enough time to apply to set aside the judgment byt did not. My judgment did not give them 28 days to apply like others I have seen do. I believe that 14 days befor eI ask for the Warrant is more than enough time and any reasonable Judge will not allow this to go back to Court now...But then again who knows...

 

I suggest another letter to the Defendant informing them that you have got Judgment, warrant and they have not responded to you in any way. This at least gives you another letter to put before the Judge to show the Defendant has had ample opportunity to apply to set aside...Just my viewpoint...

 

Good luck,

 

Penfold

Penfold

(feel free to click the scales on the left if I said something that helps)

Due to recent issues I have had....

All posts written by me and involving my opinions and written without any legal knowledge are....

Without Prejudice

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  • 2 weeks later...

They acknowledged the claim, didn't defend and basically took the micky.

Hence the default judgement and subsequent warrant.

Still haven't heard anything from the courts regarding this, looks like i will be making further enquiries this week on this one.

I love the smell of banks coughing up refunds early in the morning

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Well unlike the Amber Home Loan muppets I am dealing with at least they acknowledge, which is good grounds for you to object any appempt to set aside without settling first.

 

I guess you have two options really, transfer to High court as thier bailiffs are apparently "nastier" or speak to the bailiffs again and find out what they will be doing to get your dosh...

 

Penfold

Penfold

(feel free to click the scales on the left if I said something that helps)

Due to recent issues I have had....

All posts written by me and involving my opinions and written without any legal knowledge are....

Without Prejudice

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  • 2 weeks later...

For the time being i am not going to elaborate on this one any further other than to say i have a cunning plan.

Cap 1 have been rather naughty for a second time around.

I love the smell of banks coughing up refunds early in the morning

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Guest Old_andrew2018

well said Baldrick I like cunning plans, please keep us informed

 

Regards

 

Andy (aka Edmund Blackadder)

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  • 4 weeks later...

Well it took a lot of time, effort and patience but i got there in the end.

 

Having spoken to the bailiff this morning i am now assured that the crapsters have coughed up the money and finally paid.

Money is due for release from the court today.

 

Cap 1 have in my experience acted is a wholly disgraceful, unprofessional and underhand manner.

I am very confident to say on record they are [EDIT], having given false information to my local county court and the bailiffs on more than one occasion.

 

Even when given a Warrant of Execution they have lied and wriggled in order to avoid payment in this matter.

 

Anyone tackling this organisation has my total sympathy and support, i have never experienced such blatant behaviour from a company before.

Never ever be put off by this bunch, stay focussed and determined and you will no doubt win in the end, just don't expect it to be a simple ride.

My claim has taken well over a year to be finally settled.

I love the smell of banks coughing up refunds early in the morning

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Joe

 

Well done for sticking in there. I will reserve my congratulations until you actually get your money.

 

(PM sent)

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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