Andy v CapOne

[sunflower99]

and i thought MBNA was mad enough when they phoned me several times a day at work over an underpayment of a sum of around 60 pence!These banks are petty!

[sunflower99]

All i can say is these banks are getting pretty desperate!when they worry about sending out letters about owing them 48 pence!

[steven4064]

THe have written to say they are NOT demanding the 48p - they are asking nicely

 

The DCA have ovbiously seen the light and pased the account back to Cap one. That presumably means that theDCA at least think that either they don't stand a chance of collecting or that it would be more trouble than it is worth.

 

You were claiming just short of £3k in unlawful charges and they defaulted you for £600 odd. They have also paid some of the charges. Give of take the odd 48p, have they now effectively settled all of your claim? or at least the money part of it?

 

If not, the answer is clear, send in the AQ. You could always add a note telling the court of the latest development. Presumably in all this, they haven't removed any default markers?

Edited January 17, 2009 by steven4064
Changed after I actually read the thread

[andyford2000]

Hi Steven and thanks for the feedback, They defaulted my account whilst it was in dispute, not allowed me thinks. They have paid me back the charges and ppi payments, but no interest, the stumbling block seems to be the 22.13% (CCI) i am claiming for, think i made a monumental mistake bu not asking for the purchase rate, just went with what it said on their supposed cca. anyway, the real thing i want is the default and adverse comments removing from ones credit files and hopefully some interest too on my money. cannot believe they have sent me letter saying that i still owe 48p and that they have update my credit files saying there is a special flag of partial settlement. arhhhhhhhhhhhhhhhhhhhhhhhhh

 

could really do with some help filing in the AQ under the other information section.

[steven4064]

I think you should just use the standard one from the templates library ( http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html) and some draft directions from http://www.consumeractiongroup.co.uk/forum/bank-templates-library/147609-draft-order-directions-including.html basically asking for information provingtheir charges are reasonable, etc. You maywant to change the 'otehr info' bit a bit to say something about them having rrepaid the charges but not the interest thereon which you consider yourself entitled to because the charges it was lavied on are unlawful. You admint that the defendant disgrees with this but the information you are asking for will provie the facts that will enable the court to decide on the matter. Similarly, you aver that the defaults are equally unlawful for the same reason and , again, the information requested will allow the court to decide on the matter.

 

The information you areasking for is everything that shows what their actual costs are when you brecahyou agreemenent by paying late. POst what you come up with and we will look at it.

[andyford2000]

Hi Steven, thanks for the reply

 

just going through it all now, just confused by the draft order for directions, so confused by it

[andyford2000]

just going over a few things and have been looking at there supposedly credit card agreement whick is sighned by myself and have come across this little excert, so would i be right in thinking I have asked for the correct interest rate, also I have noticed too that I have actually claimed for a total off £1309.39 and they are saying that there are refunding £1032.48 in default charges. nearly £300 difference, hmmmmm

 

[andyford2000]

Bump

[steven4064]

In that case the claim is not for just the outstanding interest it is for the outstanding charges and the outstanding interest. THe draft directions you need are just the bits relating to their costs and why they think the charges are fair.

[andyford2000]

please can someone take an urgent look at my AQ and Draft Disclosure and tell me I have covered everything please, need to take this to court tomorrow (Friday).

 

 

 

[steven4064]

UNder G I would add that the information you are requesting will enable the facts of the matter to be elucidated and further Over-riding Objective. If the Defendant has the serious intention of defending this case at trial as is indicated in its defence, then it is incumbent on it to disclose this information.

 

In your draft directions both points start "the claiman shall". One of them should be "the defendant shall"

 

Read it through, spell check it and correct the format

 

Otherwise OK

[banker_rhymes_with]

Hello Andy!

 

Just a flying visit...

 

If it is any help, have a read of my Thread below, because I have covered AQs in some detail, and made sure I listed every issue that I had out so that other people could read and follow how I did it (with thanks to all those who helped me).

 

[/url] BRW v A Particularly Nasty Bank

 

If nothing else, it may help you to see how my AQ came together, and then you can cross-check mine with yours.

 

There might be the odd issue that may help.

 

Cheers,

BRW

[andyford2000]

cheers steven, so do i have to starting getting all this together now to sent to capital one after I file the AQ with court

[steven4064]

I should start getting it together but don't print it until the last minute as they will probably settle before then and you don't want to print all that stuff for nothing.

[andyford2000]

thats it, just got back from county court, AQ filed and paid my £35.00

 

just hope i am doing the right thing considering they have already part paid me

[andyford2000]

well its been 11 days since I took my AQ to the court and paid my £35.00. I have heard nothing at all back from the courts, is this normal

[andyford2000]

bump

[steven4064]

There is no normal - they will get round to it when they get round to it

[andyford2000]

Hello everyone, sorry not been on for a couple of weeks. just back off holiday and have had a letter from the court regards all the above.

 

anyway, attached is a copy (edited of course), please could some help me, by letting me know what documents i need to get together for court, only have 12days left now, so quite urgent really

 

[andyford2000]

bump please

[ammani]

Hi Andyford, you will need a court bundle, for the hearing. This will include all documentation pertaining to this claim. All correspondence between you and Capital one. In the templates library, you will find a list of documents needed for a court bundle. Hope this is of help.

[andyford2000]

please could someone point me the direction, i cannot seem to locate it

[steven4064]

You will need a witness statement/ statement of case which sets out your case with references to any case law or statutes and any other evidence, such as bank statements, agreements, etc (I can't remember what you case is for so I'm rambling a bit ).

 

The bundle will then consist of this statement plus copies of all the evidence, case law and statutes that you have referenced.

 

You will need 3 copies - one for them, one for you and one for the court. Yours should have originals of docuemnts rather than copies if appropriate. Put each bundle in a ring binder or similar and number the pages (actually, number them before copying)

[andyford2000]

still cannot find these details on the templates folder, am i looking in the wrong place.

 

please advise

[maroondevo52]

Hi, Andy.

 

Is it the Basic Court Bundle ?

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/119-basic-court-bundle.html

 

Regards.

 

Scott.