Andy v CapOne

[andyford2000]

letter received from the court today

 

claimed issued on 12 November 2008

sent to defendant by first class post on 12 November 2008

deemed as served on 14 November 2008

defendant has until 28 November 2008 to reply

 

whooppeeeeeeeeee

[havinastella]

well done

[andyford2000]

feel a little scared and happy tooo

 

just hope i have done the right thing, cost me £108.00 of my hard earned money for this, wife gone mad at me, telling me we cannot possibly win this

[havinastella]

feel a little scared and happy tooo

 

just hope i have done the right thing, cost me £108.00 of my hard earned money for this, wife gone mad at me, telling me we cannot possibly win this

 

LMFAO,

 

I had exactly the same from my Mrs when I first started on here.

 

1 new bed (Cap One) Washing Machine (LLoyds non compliance to sar)

car loan £1400 knocked off and a holiday for 4 (Lloyds again) has made her change her mind ;)

 

You'll be fine, you'll have to see this one right to the end, due to PPI and Default removal, but you'll win.

 

Jogs

[Audreygreeneyes]

Hi Andy sorry for the delay in replying, I have just done one for my friend.....

 

court paperwork submitted on 6th october. their deadline was the 20th..... I also put the ppi in her claim.... you will love this bit...... they did state they would defend and got the extra 14 days ( making 28 in total) they had till the 20th november......

 

they did not file their defence.......they sent a part payment....... so on the 21st Nov she applied for judgement and it arrived yesterday...

 

their part payment arrived after she had filed...... so she is now holding a judgement against Cap one and is deciding which option to take.....

 

let your wife read this one Andy and she will see that you can win.....

 

Well done you have done the right thing.....

[andyford2000]

many thanks for the kind message Audreygreeneyes

 

capital one had until today to reply, so havent heard anything from the court so far, so how long should we wait to hear something from the courts

[Audreygreeneyes]

I would phone them first thing on monday asking if they have in fact submitted, if they have'nt you should have a form with the claim you submitted. you tick box A..... take it in and hand it in ot the court.....

 

My friends was due ont he 20th, she went in on the 21st and had the judgement in her hand on the 25th..... it is now just a case of deciding which option to take for the recovery.....

[Audreygreeneyes]

Oh and if they have failed to submit Andy after you have the judgement in your hand then you can apply for wasted court costs.....lol

 

that is where the court then order them to pay you a sum for all their messing about....

[andyford2000]

sounds good to me, i will phone first thing in the morning and let you know

 

cheers

[ukaviator]

How did you get on Andy?

[andyford2000]

well bugger me, phone the court and they confirmed that Capital One have responded saying they are going to defend all the claim.

 

well I suppose I have probably lost this case arhhhhhhhhh

[Bona]

Dont worry the said there were going to defend mine and GUess what the cheque arrived about aweek later:D

[andyford2000]

mine is a little complicated, claiming for bank charges, PPI and default and averse comments removal from credit files

[andyford2000]

had a very interestinh letter today from capital, I would have attached it and would welcome peoples views and comments please

 

 

 

 

[banker_rhymes_with]

Hello AF!

 

That's Christmas paid for then!

 

Cheers,

BRW

[andyford2000]

well should i hold out for more, what about the default and adverse comments left with credit reference agencies, I have request those to be removed it the court papers too

[andyford2000]

Bump Please

[Bona]

Take it mate and be gratefull

[andyford2000]

but what about the default situation

[skintboy69]

Hi Andy.

 

You could always write to them and acknowledge receipt of their offer. Tell them that IF they are prepared to remove the default etc. you will consider the matter resolved.

 

This will, at least, push them to say something - even if it's a curt 'bog off'. and it re-opens the negotiations. You can then, at least, consider your options.

 

Best of luck.

 

T.

[andyford2000]

starting to wonder if i have dobe something wrong in all this, i note that many people have held out and got the whole payments and interest back. they are actually only offering me the payments taken and NO interest, at court level i could at least expect 8% if i won, yet there has been no mention of an enforceable CCA, one of the main points is, they defaulted my account whilst it was indispute, surely this is right. this has also had detrimental effect on my credit rating, making it very difficult for me obtain any loans / new credit cards or worst of all changing ones mortgage to another lender because of the adverse comments recorded with Credit Reference Agencies.

 

please will someone clarify this and help me, settle it once and for all

[andyford2000]

cheeky buggers have sent me a cheque today, wouldnt mind but i aint accepted there offer yet

 

can i please have a moderators thoughts on the above please

[ukaviator]

Hi Andy

 

As this account was passed onto a debt collection agency just as you were about to file, the account was quite clearly in dispute at that time.

 

The default added was applied by them when the account was in dispute, so this breaks debt collection guidelines from the FSA, OFT etc.

 

You should accept the cheque as a part payment towards your claim. The money refunded will probably be all you will get, as they charge interest on the charges at the Purchase rate. They will probably turn up and fight to defend against your claim for compounded interest.

 

I would write back telling them that you will accept the payment, but the default removal, and all data added to the account whilst in clear dispute, is removed. Only then will you stop court action.

 

How long do you have before your court date.

[brownie24]

Hi Andy

 

Sounds like your in a very similar situation to me, i received a similar letter. After looking through various posts on this site especially one by doo I responded to their letter with the following:

 

I am in receipt of your letter dated 10th December 2008.

 

Please be advised that I will not be accepting your offer and therefore my court claim still stands for the full charges, contractual interest and court costs. I am enclosing with this letter an updated schedule of charges as of today’s date to update you regarding interest that is currently accruing daily (£2.10 daily) and will continue to increase until this matter is settled.

 

Once again you are denying that these fees are unlawful and that they are based on the costs that you incur. I once again invite you to provide evidence of your actual losses or pre-estimate of costs in relation to the account breaches. Your silence on this matter leads me to believe that you will not disclose your costs for reasons that remain unknown. If you choose to continue not to address this issue, you will be requested to provide this information in court, I have put it in my Particulars Of Claim (POC) and can be addressed in court.

 

As my Particulars Of Claim state. I am claiming contractual interest (compounded daily) at 31.54% APR. which is the rate that has been applied to my account and is the most current interest rate applied according to my statements covered by this claim. The claiming of this rate is based in equity and a legal requirement for fairness and balance. As there is an express rate of interest in the contract for the benefit of the bank when it lends money, in my view there is an equivalent term which benefits the customer when the bank owes the customer money.

 

You state that my calculations are incorrect, I have checked over these calculations and they are not incorrect. Please note that I am claiming contractual interest compounded daily. I am aware that Capital One has been paying out on contractual interest (compounded) - for numerous claims and I shall not hesitate in providing these cases to the judge.

 

My POC also further states that ‘in the alternative’ should the court find that the claimant is not entitled to contractual interest, the claimant claims interest under section 69 of the County Courts Act 1984. Now having gone ahead and issued this claim I feel it is now for the Court to decide on the interest applicable and not Capital One. As such my claim still stands as before and I will be informing the court to that effect.

 

I think you have been presumptuous in assuming that I would accept your proposal as settlement. I have not accepted this amount as full and final settlement and when I receive the cheque I shall return it to you. In no way have I formally accepted this offer either verbally or written and you have no such proof to this effect . To make my position clear no refund is to be put onto my card and if such action has already been done without my authority then please be advised I am not accepting this and wish you to remove these funds.

 

I would also like to point out that you have not addressed the issue of removal of prejudicial information and the removal of the default notice as outlined in my Particulars of Claim.

 

I have checked with the court and no defence has been submitted by yourself as was ordered to do so by District Judge Butler by close of business on 15th December 2008. As such I am now in a position to issue judgement against you in this matter.

Should you wish to settle my claim in full, then please forward the balance of the claim £2636.47 to date, without conditions, and organise for the removal of default.

 

I trust this clarifies my position that court action will continue and your offer is not acceptable to me.

Hope that helps you a bit, let me know what happens.

I sent this letter off last Friday then on Saturday a cheque arrived through my letter box, however tempting it may be at this time of year I am sticking to my guns and sending it back as detailed in the letter:p

I have not yet issued judgement and am still a bit unsure about this, I am thinking of using it as a last bargaining tool i.e pay me in full or I will now go ahead an issue judgement what do you think?

Brownie:D

[andyford2000]

many thanks for that brownie, makes encouraging reading

 

Capital One file an acknowledgement of service on 21st November 2008, Todays date is of Course 23rd December 2008, which makes it 32days. Just spoken to the County Court and they have confirmed that Capital One have not filed a defence.

 

oh what to do, me is thinking of sending a similair letter to Brownies, but should i also file for judgement and accept the cheque only as partial payment.

 

thoughts please CAGGERS