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bongo vs cap one


bongobaz
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Guest ian cognito

Ah, differing opinions on this one, yes they can and frequently do take this form of action when there is an outstanding debt, I have read threads on here that recommend you challenge it but never seen one that says it's been done successfully.

 

Sorry I can't be of more help - hopefully someone out their can prove me wrong???

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ok i have drafted a letter to the court saying i want to continue my claim as i wrote to cap one accepting there offer in cheque payment form and in there court defence they are saying they never heard from me regarding there offer so they just credited the account! im also sending the court copies of my letters to cap one stating i will accept payment by cheque only and proof of postage which cap one claim they never got!!

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I'm sure this lot will try & get away with anything.

 

Last May I part repaid a debt agreed as full and final settlement - which left them with a £65 write off.

 

I've registered an MCOL for £130 & they've agreed to pay the whole amount but will pay £65 towards my outstanding debt.

 

I don't think so!!!:-x

 

So I've wrote to them explaining the menaing of full & final settlement & told them I expect a cheque for the full amount within the next couple of days.

Halifax 1

WON - £1,355.49 21/07/06

MINT

WON - £273.81 14/09/06

First Direct

WON - £913.50 01/09/06

Capital One

WON - £130.13 03/11/06

Halifax 2

WON - £188.03 01/12/06

 

Kensington Mortgages ERC

MCOL for £6,204.39 Discontinued

Halifax Mortgage Admin fee

WON - £10.00

Direct Line Mortgage Redemption Fee

WON - £99.00

Halifax 3

MCOL for £109.01 reg 07/03/07

 

http://petitions.pm.gov.uk/redemptionfees/

Please sign this petition x

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  • 4 months later...

I have a court date on 26th Feb at my local court ref my case against Cap one.

They are claiming to the courts that they have settled and paid me.

They offered to settle in full in Sept and i wrote to them accepting them offer by cheque.

They said they never heard from me so credited my account with there DCA in Sept. But i had a letter from the DCA in Dec showing the balance has not changed at all!!

 

I have copies of my letters aceepting there offer and proof of postage and am in court on Monday 26th the case will last approx 10mins to see if they have paid me or not.

 

So i am taking all the letters i have from myself and there DCA and was wondering if i will need anything else???

 

Also can i ask for my charges back as cheque to myself and not to the DCA???

 

i just want to be prepared for Monday!!

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did you reply via recorded mail?I sent EVERYTHING recorded for all my claims,and if it was signed for,they couldn't admit to not getting it.

 

yes eveything was recorded and signed for!! i have the print outs of the net!!

 

any advice about the charges being refunded to myself and NOT the DCA??

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Bongobaz,

 

IMHO, Crap1 no longer hold the debt, the DCA hold it as a debt against you. You are pursuing Crap1 for unlawful charges, therefore they should pay to you the claim settlement.

 

If there is a Crap1 account still in existence then, they are can pay you via that account.

 

Thats my opinion anyway .......... :D:D

There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.

Read through the

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My advice & opinions are offered informally, without prejudice & without liability. Please use your own judgment.

Halicrap - Full settlement 12/06 £408.34

Crapitol 1 - Settled in Full 27/04/07 £15808-)

All & Pester - Claim served £5695 4/09, Stayed

Woolsnitch mortgage accounts - Claim served £2995 4/09, application to strike out 06/09

Lloybles - No CCA, CPR disclosure notices served.

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i have a court case today at 2pm this afternoon!

it is just to see if they have paid me.

i accepted cap ones refund in full in september and they claim to have credited my account! but i have statements from nov and dec stating balance is still the same.

 

the only thing is i think i have messed up big time!

 

i have not sent in my paperwork to the court or cap one?

am i screwed??

what do i do now?

 

i need help on this urgent guys as im in court at 2pm!

 

i did send copies of the letters and statements to the court before the court date was set?

 

any adivise on what i do know??

 

please help!!

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Presumably you are talking about the court bundle?

You say that you have already sent statements and letters ?

 

Basically the docs you are expected to send are those in which you will be relying on in Court to win your case.

If the defence have not sent you theirs then they cannot rely on anything produced later this is the idea of the exchange although they may just use what they submitted in the original defence.

You should still attend court,Take with you any further info such as recent letters from /to you.

It is possible Cap 1 will not turn up....or turn up and offer sett BEFORE the hearing.

If they do not turn up then you can ask for judgement.

There is nothing to be scared of here and you will be given explanation of the process by the Judge.

As I say get together anything that will assist and do copies of it.

you have 4 hours.

Get to the Court early (Ithink they will return from Lunch at 1.00 or 1,.30 )....this is so that you can take the sett from CAP if they offer but you are entitled to full amount plus costs/interests etc.

Let us know how you get on.

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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the hearing is just to see if they have settled with me.

they offered a full refund and i accepted but they are saying they have paid me but i have proof that they havent

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the hearing is just to see if they have settled with me.

they offered a full refund and i accepted but they are saying they have paid me but i have proof that they havent

 

I suggest a call to Cap One legal dept stating that you have not had a record of any payment which they say has been made and that at the hearing you will tell the court that.

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I suggest a call to Cap One legal dept stating that you have not had a record of any payment which they say has been made and that at the hearing you will tell the court that.

 

is it not abit too late for that?

case is only in 3 hours! and im getting VERY nervous now.

i have all the letters with me from cap one offering the full aomunt and also a letter stating they refunded my account on 22nd sept. but i also have a letter from december showing the balance has not changed!

shall i just wing it and hope for the best??

im kivking myself i forgot to send these letters into the court and copies to cap one!

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no its not too late. they will be bricking it! give them a call now like tanz says.

 

 

anyone got a phone number???

 

i will give it ago!

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Just remain calm. If settlement has been made then you just need to speak to someone and ask them either to email a statement showing the payment or prove it has been made in someway. Or just tell the judge that they have offered a full payment which you accepted in Sept or whenever it was, but as of todays date you have not been given any kind of proof that this has been made. Show him your statements, show him your recent letters and see what he says. Chances are cap one will not send representation to this as they may hav paid but it is not showing on your statements.

 

Don't worry just say it how it is.

 

Keep us posted.

 

Tanz

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Just remain calm. If settlement has been made then you just need to speak to someone and ask them either to email a statement showing the payment or prove it has been made in someway. Or just tell the judge that they have offered a full payment which you accepted in Sept or whenever it was, but as of todays date you have not been given any kind of proof that this has been made. Show him your statements, show him your recent letters and see what he says. Chances are cap one will not send representation to this as they may hav paid but it is not showing on your statements.

 

Don't worry just say it how it is.

 

Keep us posted.

 

Tanz

 

thanks Tanz!

i must admit i am abit nervous about the whole court thing!

i also have a date with citi cards coming up too! in fact i have to do my court bundle tonight and get out in tomorrows post!

im just dreading the whole court room thing!

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BongoBaz,

 

re above comment, can you check online to see if it has hit you account ?

 

no i cant check it.

but i have the december statements showing balance is still the same!

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