Andy v CapOne

[andyford2000]

thanks Scott

[maroondevo52]

No, problem, as long as that's what you need, I'm not to good with 'bundles'

[andyford2000]

oh my god, its so complicated, arhhhhhh

 

doesnt mention anything about getting defaults removed from credit files and all

[andyford2000]

this is reallu hurting my head now, need to file all this by thursday at the latest, cannot get it into my head where to start, think its probably best i dont proceed now and withdraw.

[maroondevo52]

Hi, Andy.

 

I'll try to get someone to help you, I'd help you myself but the systems different in Scotland

 

Regards.

 

Scott.

[MARTIN3030]

I think you need the advanced bundle-give me a minute.

[MARTIN3030]

http://www.consumerforums.com/resources/templates-library/48-bank-templates/123-advanced-court-bundle-.html

[MARTIN3030]

Dont speak of leaving this now-this is the most important stage of the claim.What you will be supplying now will be crucial.Its something most will have to do-The first one is always hardest.Just be patient and if theres anything you dont understand then ask.

[MARTIN3030]

You can begin by downloading case laws as advised.do 3 copies of everything incl account statements letters etc.

Theres no need to do copies that the other side or Court may have-so for example you dont have to do statements for the other side-likewise you dont have to do copy court docs for the court-they already have these.

[MARTIN3030]

I see BRW is here maybe he can offer more....I have to go.

You can address individual points such as defaults etc in your witness statement.

 

Get to it...........

[banker_rhymes_with]

Hello Martin3030 and Andy!

 

I see BRW is here maybe he can offer more....I have to go.

I regret I've only dropped in as it's on my Watch List...I regret I'm not up to speed on the case at all.

 

However, if it is any help at all Andy, just slow yourself down and plod though the issues one step at a time.

 

I see you have the Hearing on the 20th, so it's close, but you have from now until Thursday Night to get this pulled together. That may not seem long, but it's a lot of time if you work steadily through the issues.

 

Re-Reading your own Thread is not a bad place to start, and sit down with a cup of Tea and a notepad, and scribble down anything useful that you may have forgotten about.

 

Next step is to sit back and write out, in big headings only, what it is you are Claiming. IOW, what do you want from CapitalOne?

 

It's vital that you have a clear idea of the key points. Once you have them lined up, then stick each onto a Sheet of A4, and jot down the winning issues. Make a note of anything you need to back up the key points and issues, such as Case Law, or any CAG Documents that are known to help your case.

 

Then make sure you have those Documents.

 

Then look at the Trial Bundle links that Martin3030 has added, and see how one is assembled. It's nothing to get too daunted by, and is mainly a case of organising what you need to see in your bundle.

 

Start pulling the Folders together on your PC ready for Printing...but don't Print them yet, just start getting them ready. Give the Folders Numbers if you like, so they start to line up in the right order, then change the numbers as needed if you need to add others, i.e.:

 

001 Folder - My N1 and POC

005 Folder - Anything else very useful

010 Folder - Anything else sort of useful

 

If you need to add something you've just spotted, then by leaving numbering gaps, you can inset an extra Folder, i.e.:

 

001 Folder - My N1 and POC

005 Folder - Anything else very useful

007 Folder - Something useful I've just found

010 Folder - Anything else sort of useful

 

Soon you will start to gather the bumf together.

 

But keep going back to the main Claim points, and make sure you know what documents you may need to refer to to back up each one, and make sure you can find them on the day when needed.

 

Once you have the bumf all lined up, then Print them out, and insert into a large A4 Lever Arch Ring Binder File.

 

Use Cardboard Dividers or Tags of some sort that stick out to help you find things.

 

When all looking good, add Page Numbers to the bottom Right...but in PENCIL, so you can rub them out and re-do them if needed.

 

You can use Section Page Numbers if that helps:

 

Master Index

 

Section A Card Divider

 

Page A1 to Page A20

 

Section B Card Divider

 

Page B1 to Page B15

 

Section C Card Divider

 

Page C1 to C24

That way you can keep Page Numbers intact for a Section, and if, say, Section C needs an extra page or two, you don't need to re-number Sections A and B.

 

Right, when done, then practice what you want to say, and practice finding the bumf you may need to back it up. Write out a DIY Guide for yourself for use on the day, so that you know what each key issue needs, and where that can be found, for example:

 

My Argument One:

 

References:

 

Document 1 - Section B Page B5

Document 6 - Section C Page 15

You'll soon get the hang of it.

 

If time, create an Index as well, that is at the front, so ALL Documents have page numbers listed against them, so if you get hit by a wobbly in Court and know which document would help, the Index will let you go to it quickly.

 

Finally, Print off two extra copies on Thursday Night for the Judge and for the Enemy! Quickly Page Number them, and add Card Dividers if time...but if you do have an Index, add a copy for them, and make sure it matches yours so on the day, you can all go to the right page.

 

Finally, after all this, I bet CapitalOne will not turn up! But if you do all of this and they don't bother to show and you win, how pleased will you be.

 

...and how annoyed would you be to pull out now knowing they may not even bother to show!

 

Take this all the way, and give them hell!

 

Sorry this is just general, but as I'm not bogged down in the case, I can take a step back and try and help you to get an overview.

 

I do hope this helps.

 

Cheers,

BRW

[MARTIN3030]

Very good BRW.......plenty there for him to be getting on with.

[andyford2000]

my case isnt being heard until the begining of april, so do i have to send the other party all this info before the 20th of this month

[banker_rhymes_with]

Hello Andy!

 

Sorry, I mis-read the Court Document, saw 20th March, and thought that was the Hearing Date. I can now see it is just a fee that has to be Paid by then.

 

In that case, you have a fair amount of time yet to play with, and no, you don't need to send anyone any bumf by the 20th.

 

My apologies, I could not see the Hearing Date was in April.

 

Plenty of time then!

 

But, start using it now, or you'll soon run out. Get ahead straight away, because then you will be very well prepared by the Hearing.

 

Cheers,

BRW

[andyford2000]

just had a very interesting call from capital one on friday, offering me a further £200+ in interest and they would remove the fefault marker on my credit files. told them i wanted all late payment markers too and then would settle. they informed me that they couldnt remove the late payment markers.

 

does anyone know, if it is possible for them to do this or an successful claims before that have manged to remove markers successfully

[the_shadow]

just had a very interesting call from capital one on friday, offering me a further £200+ in interest and they would remove the fefault marker on my credit files. told them i wanted all late payment markers too and then would settle. they informed me that they couldnt remove the late payment markers.

 

does anyone know, if it is possible for them to do this or an successful claims before that have manged to remove markers successfully

 

I believe Barclays can do whatever they want with the credit history, they are the "owners" of the information. I've seen threads on here where they have wiped out all bad markers. I think they're just trying hard not to cave in.

 

I think noomills thread is a good one to read, he got barclays to remove all bad markers from his credit history.

 

PmW

[scatz1972]

Hi Andy

 

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