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darrenLH1977 vs Capital One


darrenLH1977
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I already had all my statements so I just added them up, £484.41 with interest under s69 of CCA 1984. Filed N1 on 27/6, served on 8/7, notice to defend 18/7, offer made out of court for full amount, and contemplating next move while challenging Newman DCA over debt.

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I assume you are intending to accept if it is the full amount they are offering? Sounds like this is par for the course now. I've just replied to another Cap One thread where they have acknowledged, plus my OH's claim is in the process of being settled in full after the same dance as you have had.

 

Well done!

Don't forget to contribute to the CAG. Without them we would probably still be drafting our prelim letters.

OH Cap One - £436/ So far received £40. MCOL submitted 17/7/06. Caved 4/8/06 for full amount!!!

OH Monument - £140, claim filed 8th May. Requested judgement by default, settled in full 4th July via out of court settlement (see thread). Total £192ish received.

Me Barclays - £630. Received letter 13th May offering £300 full and final (they can bog off). Claim filed 16th May. Acknowledgement of Service filed 22nd May to defend all of the claim. Allocation Questionnaire completed and Stay been ordered by Judge on 18/7/06!!!

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I'm not sure if I should, as they only want to take it off the debt I owe them, and they haven't actually written it down yet, despite a DCA hassling me for the full amount of £925, which includes another £40 that was added after I started the action. I called them when I got the letter trying to negotiate with the ERC dept but they don't take calls so a gopher called Kevin relayed the message that they could refund the £40 along with the £484.41 against the debt. I feel that they should have to take me through the courts to get any money back like I had to do to get this money from them.

 

I'm not sure if a court would allow me to get a cheque for £524 out of C1 if I still owe £925, even if I get judgment by default (they haven't actually posted a defence just notice to defend). Should I accept the £524.41 out of court (three weeks after they told me I wouldn't get a penny) or let the judge decide?

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Their date for defending was the 5th August, but they didn't defend instead they sent me a letter telling me they will credit the full amount to my debt. £484.41 off £925, I haven't sent my court form back but can I accept they have conceded the full amount (plus add daily interest) but tell the court I don't accept their method of payment? Will the court find in my favour if they haven't put a defence up? I'm waiting for the court to tell me of what to do next but does anyone have past experience of getting money out of a CC company while still owing money?

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