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    • The OP could call Express to see if they will withdraw the claim if she restarts her claim and just pay the court issue fee.    Then everyone is a winner! 
    • Hi Stormy   I do wish you good luck but I'd urge you not to get over-optimistic about a letter from your GP having any bearing on the outcome of this.  I do not share London1971's view that such a letter will assist you in defending the claim against you - unless you are suggesting that the diagnosis is so bad that you aren't functioning - in which case you probably ought not to be working.  Is your GP going to say that you can't be held liable for a breach of contract, but that you're perfectly OK to continue working and to make significant decisions in other areas of your life?  I don't know.   Also, I'm uncertain where the question of bullying and harassment first surfaced in this thread.  You engaged them on a NWNF basis to pursue a claim for you.  Apparently they contacted (or attempted to contact) you a lot - certainly more than you felt necessary or were comfortable with, and you ended up deciding to discontinue the case.  But were they harassing you?  Again, I simply don't know because I wasn't there - only you were.  Most people complain that they don't have enough contact from their solicitors, not that they are being harassed by being contacted too often.  [EDIT:  I also think most people would associate "harassment" with behaviour that is in some way harmful or damaging to the recipient, and not with a situation where the alleged harasser is trying to act in the other person's interest and to their benefit].    And I'm not sure where the bullying comes from?  They're suing you because they think you are in breach of contract and that you owe them the costs and expenses they've already incurred - and that they cannot now recover from the other party because you decided to discontinue the case.  I'm no particular supporter of law firms but, unlike some people, I don't have "anti-lawyer" as a default setting.  If they've genuinely incurred costs acting on your behalf and in your interests, then I think they've got a more than fair case to recover those costs.  Threatening to sue you or actually suing you isn't necessarily bullying.   I honestly think your best chance of success is questioning the level and extent of costs and expenses they claim to have incurred and try to reach a mutually acceptable settlement.   As I've said before, I'm not intending to be critical of you in any way and I'm really sorry that all this (the original accident, hassle with the lawyers and now them suing you) seems to have contributed to all the stress you have to bear.  I'm really just interested in ensuring that you can see this problem from all points of view and that you don't place too much reliance on an approach that I think has only very limited chances of success.  (But of course - as London1971 has pointed out - there's no harm in getting a GP's letter anyway AND preparing a legal defence like BankFodder is suggesting AND preparing to think about settling.  They aren't all mutually exclusive and you should keep as many irons in the fire as you can.  Use belt and braces and don't just rely on one).   Anyway.  Good luck.  I'm frequently wrong and you may win outright!
    • I would go with the following....please feel free to amend or add.   WITNESS STATEMENT OF Baycloves.pdf  
    • I think it would be prudent to stick with a realistic objective and that is the hundred and £69 which you you can apparently support by means of evidence. You originally said that you could have sold them for four times – £400 and I think this is certainly unrealistic. If you had some official evaluation of the books from an independent source then you would have stood a good chance but as the books have gone, I think your fallback is the £169
    • Hi  I don't have an issue going all the way - The only question I would have would be whether I could expect to recover the resale value or whether it would be best to concede this is unlikely. I can prove to some extent the expected resale value but not as readily as the prices originally paid. 
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animal_lover

Capital One - Court Stage Help

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I'm currently at the court stage for my Capital One credit card.

 

Cap One have already refunded part of my charges and some of the contractual Interest and the standard 8% Interest. But refuse to give me the rest of the interest that is in my claim. they also say that i'm not owed the amount of charges i put in my claim either even though i have kept copies of every statement since my account was opened to prove otherwise.

 

I have put links to the letters below and really need some advise on what to do next.

 

http://i157.photobucket.com/albums/t50/jensenjaredaholic/Documents-4.jpg

 

http://i157.photobucket.com/albums/t50/jensenjaredaholic/Documents001.jpg

 

http://i157.photobucket.com/albums/t50/jensenjaredaholic/Documents002-1.jpg

 

http://i157.photobucket.com/albums/t50/jensenjaredaholic/Documents003-2.jpg

Thanks

 

AL

Edited by animal_lover

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I'd remove the barcodes from those letters if I were you ;)

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If you have claimed for removal of adverse credit information as part of your POC then I think Miss Ellie will have to remove it - whether she likes it or not. Don't accept their offer and the ball is back in their court. :D

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im in exactly the same position, ive filed a court claim against them, theyve offered most of the money but not offered to remove the default yet, when i looked through the old threads, crap one normally cave in before it goes to court!! so best bet is to get the n1 in!! (Literally as soon as I submitted it i had a letter through offering most of the cash back) but im fighting to have the default removed so have to play hard ball!!

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I'm already past the N1 stage, I received the Allocation Questionaire yesturday and it has to be back in by the 28th August. Due you think it is worth defending still i am still owed another £300 or the charges which they are disputing aside from the Interest, plus the interest contractual interest and 8% interest i'm still owed. they have agreed to refuns some of it and have already taken it off my balance.

 

Any advice is appreciated as this is my dad's account i'm just doing it on his behalf.

 

Thanks

 

AL

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I filed my AQ on Monday with the draft order of directions that were in the templates library

 

From what everyone says, even if you file the AQ you still have probably about a month before it goes to court, and capital one normally cave in just before it gets to court,

 

i seem to be a few days ahead of you, so i'll keep you updated as to how i progress,

 

think one of the mods will be better placed to advise you though!!!

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