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


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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.

Steven

 

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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::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 :???:

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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.

 

:)

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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 :-|

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DD,

 

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

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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................ ;)

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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

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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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.

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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. :)

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

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

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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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.

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I think you should expect some more money.;)

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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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.

 

;)

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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 :roll:

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

We could do with some help from you

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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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.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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