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Audreygreeneyes

The Bailiffs go a visiting Cap OnE

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Ah ha I found the new thread gaddgie ( I hope) and so will beging the story of how the bailiffs went to visit Capital One.


rockin all over the world

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But you're in the HSBC forum, Audrey. :-?

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Firstly it was giving advice to my friend that got me thinking about my mothers credit card and if she had charges( alzheimers).. which then lead to me thinking hey you have an old one, lets see what you have on that..

 

Luckily I had some of the really old statements and just telephoned them asking for the ones I did not have. They sent them, no request for a fee or anything, mind they did not send them all, the last year is missing.

 

Anyway then sat down and went through every statement, made a list of all the charges for late payment and over the limit fees...then typed them out on a proper template form, sent them off with a very nice letter.

 

If you pay me with the next 14 days I will accept the charges plus interest at the 8% if you do not then I will be charging the rate of 15.9% that you charged me....also did this with the other two's claim...

 

Got the usual response from them, we are right you are wrong and we deny this claim. oh yes this was back in January of this year 2008.... as this is going to be a long story will do it in segments.


rockin all over the world

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I know Bookworm but freaky told me to do it here and soemthing to do with a link...


rockin all over the world

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after their response it was the letter before action......they do take quite some time to reply.....they have quite a few claims and it takes time to respond.

 

They did respond with the standard proforma letter from the exec office manager.... it is denied that these default sums are unlawful and they are detailed in your terms and conditions and in our customer welcome pack. we are confident that we will win in court...

 

by this time we are at the summer, letters going back and forth about one a month ( on my claim) I was also doing two others at the same time...

 

By the end of the summer decided enough was enough and wrote a very firm letter that if cleared funds were not in my account 123456 by the 30th September then the court claim would be issued without further notice.....

 

Being as reasonable as possible allowed them a further 6 days, submitted my court claim on the 6th October 2008...They had the statutory 14 days to respond, they were very quick and did so within a few days, they were going to defend.

 

This gave them until the 20th November 2008 in which to submit their defence...

 

I phoned the court every day around 3 in the afternoon, just to check and see if they had submitted thier defence, they did not...with your court paperework you get a form that you fill in if they fail to defend.

 

At 9am on the 21st November I arrived at the court and submitted said form. I would like to point out that I did call them making them aware that I had done this and perhaps now might be a good time to settle!

 

No response from them at all, on the 26th November I received a copy of the judgement in the mail, again they were called and made aware that I was in fact physically holding it! and that failure to respond would result in me returning to the court and instigating further action.

 

I called the legal department on the 30th at 9 am, spoke to the lady I have previously spoken too, and informed her that if they had not got back to me by 1pm then they had left me no other alternative but to proceed to the next level which was the bailiffs!!!! the response was to laugh..

 

So I waited patiently, and at 12.30 got into my car and drove into town, sat int he court carpark and waited...I gave them till 1.30 pm at which point I then submitted my application for the baillifs to go in and paid the fee of £55.


rockin all over the world

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I then telephoned her back and made her aware that this had been done and a further £55 had now been added ot the claim and that the matter was being passed to the bailiffs...

 

It is still not to late, if oyu contact me and make payment by bacs then there will beno requirement for the bailiffs to attend.... No response

 

the following morning a letter arrived from her, agreeing to pay, sadly it was not the full amount, the court had awarded me the full amount...

 

I sent off a letter pointing this out and enclosing a copy of the judgement...

 

I also telephoned her and left anothermessage on the ans machine pointing all this out.....sadly no response...

 

On the 2nd December a letter arrived from the court informing me it was now with the bailiffs at Nottingham county court...

 

Again trying ot be as reasonable as possible called letting them know it was now in point of fact in the hands of the baillifs and they would be calling any time for collection, it is still not too late to prevent this... no response


rockin all over the world

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late in the afternoon of the 2nd she did call back and took my bank details and said they would be making a bacs payment and would I now inform the court and the bailiffs that the matter had been settled.

 

When there are cleared funds in my account most definately...I called every working day, reminding them that no payment had been made and it was with the bailiffs and they would attend by the 12th December still no response to letter or phone calls.. so left a message in the afternoon that they were leaving me no alternative and I was now considering media action.

 

After all I have been telling you for some weeks I ahve judgement and it is with the bailiffs and yet you have still failed to pay.. this did get a response.

 

Oh we have paid you by cheque ont he 3rd of December! well thus far it has not arrived, and you ahve had ample notice from me of this fact and thus far have failed to rectify the situtation.

 

She asked me why I thought the media would be interested in such a uninteresting story...perhaps given the current financial climate!! the amount of money being poured into banks and financial institutions by the tax payers!! they might find the bailiffs going in of some interest !!!! ( boy did I get that bit wrong) she just laughed...


rockin all over the world

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On the 16th December I got a telephone call from the court bailiff informing me that they had in fact called at the head office and that they claimed it had been paid, the bailiff was asking me for confirmation of this.

 

I informed them no payment had been made or received and was awaiting clearance...

 

At 9 am on the 17th I conteacted the person whom I had been dealing with and said that I was now contacting the media....that they blatantly told lies to the bailiff, ignored a court order and had behave unreasonably... No response..

 

I emailed BBC Nottingham witht he brief outlineof the story and asked if they would be interested, within 10 mins of sending that email they were on the phone, asking if I would be prepared ot do a radio link up in the morning for the breakfast show....

 

Yes ok was my reply, it is very early, I had to be at the studio for 07.15 so had to leave here about 5.45 am... yeah I know.. but hey it was worth it. the producer said give me 15 mins to confirm everything and I willget back to you.....

 

Hed did and also two other stations wished ot do interviews as well, I phoned Cap One again making them aware that of what was happening, no response.

 

BBC Nottingham contacted them askign them to take part, my understanding is they declined but did issue a statement stating it was an admin error..... they still ahd not contacted me with regards payment.

 

After having done those 3 radios interviews, I was contacted by two other stations... and asked if I would do interviews for them..... yes was my reply.

 

Then BBC breakfast show phoned asking if I would do bit on their show, one at 6.40 and the other at 8.10 ( me thinking it was a telephone link up) leave it with me and I will come back and confirm the slots and times...

 

Also your hotel details!!!! hello hotel? yes we would like you to come to London... oh ok...

 

I phoned Cap One back and suggested they might like to watch the show and gave them the times. well it took all of 5 mins before they were on the phone.... asking for my bank details ( they ones they already had) and would I mind very much cancelling the tv programme as they had no paid!..

 

No I will not, you have claimed you are going ot pay several times and have not, you have had ample notice that the bailiffs are coming in, no the tv slot goes ahead...

  • Haha 1

rockin all over the world

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would you believe I had more telephone calls from Cap one that afternoon than you could shake a stick at....

 

They had claimed to have made the payment by chaps ( what ever it is) and would I confirm receipt.

 

My response was sorry am on a train heading for london and cannot confirm this at present...

 

When I arrived in london did try and check but their computer system was down so could not...

 

BBC breakfast also invited Cap One to take part in the programme but again they declined and gave a statement..... it was an admin error.


rockin all over the world

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My landline and mobile phone records show the amount of phone calls made to them over the previous 21 days, so in my humble opinion they cannot claim an admin error......

 

They were more than aware of the progress and the status of the claim, so it was not an admin error...

 

Did I think it would take on a life like this when I started it, NO, did I think it would end up on national tv, NO. do I regret it a resounding NO, would I do it again.... hell yes....

 

So to all who are reading this, do not be intimidated by them or the language they use in their letters.....all the help and support you need is on this site....

 

It is this site that gave me the information and help and support and without it would not have won.....

 

So thank you to the founders of the site and to all who have aided and assisted me in this :D


rockin all over the world

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Terrific story , Auburn ,,,,,,,,, well done ! :D .

 

A great incentive for others to just keep pushing and they'll get there ...:)

 

Also, you did this site a lot of good ...with your Media publicity .


Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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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Well done, I might have a similar situation brewing - they don't realise they have ALREADY taken me to court and lost TWICE and want to try again - I've got all the bits ready to take to the court on Wednesday and see an officer there to see what they can do - they seem to think that I won't have to pay a fee as Capital One have breached the earlier Notice of Discontinuance and don't have any new grounds - therefore I can carry out enforcement - which for me will mean certain conditions have to be met... don't want to post them here yet but will do if anything happens on Wednesday.

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thank you very much silly, and if the fee is waived all the better , if not it is added to the exsisting claim..... and it is well worth the fee...

 

I also reclaimed the ppi on the card as well and in my claim also that they remove any defaults. as they failed to defend shallnow be informing them of that part of the judgement:)

 

oh yes and there is ofcourse the small matter of a wasted courts cost claim!!!! should I or should I not? that is the question;)


rockin all over the world

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Can I also say ot anyone reading this thread do not allow them the same level of lattitude that I did..... there were many personal reason for this ... had I stuck to a stringent time plan this would all ahve been over and done with much much sooner...

 

I reckon if stick to the timescale we adivse , it can all be over and doen with in a matter of months....


rockin all over the world

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i'm still sulking cuz i didn't get to see you on the telly:(

 

but i'm oh, so pleased for you, auds - - -

you did well, girl:D

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thank you very much silly, and if the fee is waived all the better , if not it is added to the exsisting claim..... and it is well worth the fee...

 

I also reclaimed the ppi on the card as well and in my claim also that they remove any defaults. as they failed to defend shallnow be informing them of that part of the judgement:)

 

oh yes and there is ofcourse the small matter of a wasted courts cost claim!!!! should I or should I not? that is the question;)

 

 

Why should you not ?

Yes submit a WCO I bet they will pay that even without sanction-but do it on notice NOT by letter.

Will cost them even more.:)


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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You little beauty! :D

 

(I heard the radio interview)

 

Yesssssssssss!

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Aw Lattie bless you heart, honestly you didntmiss much.....lol I can always send a picture of me you know..... ha ha ha


rockin all over the world

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Ok Martin thanks for that but lol you know me what is notice as opposed to letter and will hold off till I know the difference and how to do it....lol


rockin all over the world

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