Now At The Point Of Taking Cap One To Court ***WON***WON***WON***

[steven4064]

In that case, write and tell them that tey have only paid you part of what was agreed and that you are not going to doscontinue the case until you get the rest. the fact that they may have paid it to someoine else is not your problem.

[DOBBYDOG]

Hi,

I have written to Cap 1 twice telling them they have only paid me some of the money and not all of it. I told them i would not discontinue the claim until all monies received.

 

Today i get a letter from the court saying.......

 

Upon the courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

 

It is ordered that unless by 4pm on 16th July the claimant files an allocation questionaire the claim will be hereby struck out.

 

:confused: What does this mean anyone ??

 

I wouldnt mind but they have held quite a bit of the money to pay a DCA for account sold and which is in dispute

[slick132]

Hi DD,

 

This means the court will discontinue your claim unless you lodge the AQ and fee with the court by 16th July. I'll get some advice for you on this from the Team. In the meantime please answer these

 

Is the other a/c a bank or Ccard.

 

What is the approx amount they have "off-set" and is it the full balance on the a/c.

 

Why is the a/c in dispute, ie re penalty charges, no Credit Agreement.

 

What amount do you dispute on the a/c.

 

[DOBBYDOG]

Hi DD,

 

This means the court will discontinue your claim unless you lodge the AQ and fee with the court by 16th July. I'll get some advice for you on this from the Team. In the meantime please answer these

 

Is the other a/c a bank or Ccard.

 

What is the approx amount they have "off-set" and is it the full balance on the a/c.

 

Why is the a/c in dispute, ie re penalty charges, no Credit Agreement.

 

What amount do you dispute on the a/c.

 

 

Hi Slick, thanks for getting back.

 

The account is ccard (capital 1 ) Sold to Capquest.

 

The ammount off set is approx £600 which is the full balance (with Capquest)

 

The account is in dispute with the DCA for no credit agreement.

 

Cap 1 have paid some but have given the CCA approx £600.

I have checked my credit file tonight and the account with the DCA has been satisfied so assuming Cap 1 have forwarded the monies (although date of satisfaction is 2005 ) dont get that.

 

Suppose if i just leave it be it gets the DCA off my back forever doesnt it :-| Is it just too much hassle to do anything about now, do you think?

 

I still managed to get a fair wack from them and dont want to be greedy or anything :-|

[slick132]

DD,

 

Thanks for the det's which I've passed on. Steven's away so we'll see if others have opinion for you.

[slick132]

Hi DobbyDog,

 

Steven's due back over the w/e but he is not alone in thinking you should proceed by filing the AQ with the court along with the rquired fee.

 

It may depend on the judge if this goes into court. But there is the feeling that you should be paid in full where the other a/c is in dispute for good reason.

 

You have decent grounds to continue with your claim and seek pay't of the £600 that's been set off.

 

The final choice is yours................

[steven4064]

I agree - they haven't settled the claim to your satisfaction. Have a look at this letter http://www.consumeractiongroup.co.uk/forum/capital-one/50003-havinastella-capital-one-3.html#post1610986

[sillygirl1]

File against them PLEASE the left hand doesn't know what the right hand does in this company - they didn't even know they had taken me to court (and keep writing to the WRONG address - a clear case of fraud on that one!).

 

Don't let them get away with the £600 it should be yours and the DCA is not part of this anymore. Get the court to state that clearly as they may not be aware of these 'indian giving' tactics.

[slick132]

DD,

 

If you haven't done an AQ before, see here - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

If you are going ahead to get the £600 back, deal with the AQ first and then d/w the letter that Steven linked above about the set-off.

 

Any problems, just shout.

[DOBBYDOG]

Hi all and thanks for responses.

 

I think i'm going to go for this now. However i dont have an A&Q form, the court havn't sent me one. Can i just download one from the internet ?

Thanks.

[steven4064]

Yes you can download it here If the claim is over £1500 you need a N150, if less than £1500 you need a N149.

[DOBBYDOG]

Hi Steve, sorry, do i need the N150 because the original claim was over £1500 ? or the N149 because i'm asking for the £600 they havn't payed me ?

[steven4064]

I guess the latter (although I suspect it doesn't actually matter very much)

[DOBBYDOG]

Oh well, AQ filed today.

 

Man behind the counter said "no fee for this":)

 

SO hope this doesn't get to court.......i know i'll bottle it then.

 

Dont know what to expect next.

 

Thanks again guys.

[caro]

I think you should expect some more money.

[slick132]

Hi DD,

 

Man behind the counter said "no fee for this":-)

Not sure if this is right but well done for keeping on with this.

 

[DOBBYDOG]

Hi DD,

 

Not sure if this is right but well done for keeping on with this.

 

 

This was my thought also Slick. I had the fee in my hand and asked him to check and he said 'no i'll just take the form'.

Hope they dont throw it out now coz non payment of fee

[slick132]

Hope they dont throw it out

I'm sure they won't but keep the money somewhere safe in case it IS needed.

[caro]

If you have submitted an AQ before then you don't usually have to pay a second fee. Was the case stayed so that it could be settled? If so that would explain the court asking for the AQ and the fee not being required.