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Capital (one) Justice


johnerog
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Hope i'm in the right place here!

For background. Cap One have been giving me the usual about not needing to give me sight of the original doc's even after a CPR 31.16 request. Luckily for me they even said that in writing!! So i included it in my bundles for the DJ to see.

Took my N244 to the local court on Friday asking for an order to produce, a very pleasant lady took my £75 and told me that a DJ would look at my paperwork on Monday (to-day) and if it was ok i will get a case number and hearing date within 5 working days!!

 

I have no idea what happens now, but i will keep you posted.:)

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Subbing John - might soon be playing follow the leader! :D

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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Mike,

 

"Subbing" - subscribed to thread. ~ i.e. Just following as relative to my own posts. :)

 

Fluffy.

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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Ok Johnerog now the wait.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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  • 2 weeks later...

Advice please.

 

I have received a Notice of Issue from the court and it say's

'' The claim form which includes particulars of claim is returned to you, with the relevant response forms for you to serve on the defendant.''

 

However; all that is with this is a single sheet entitled;

''Notice of Hearing of Application.''

but no other forms at all. Does this mean there are no relevent forms or should I copy my original forms and send those? I left two sets of forms at the court at the start, One for the Court and the other, I thought, for Cap One.

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Hopefully the idiots at Cap1 will not show... good luck with this hearing.

 

yes hopefully. but this is just an order to produce the contract they say they have but will not show me so it will be interesting to see what they come up with before then.

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  • 3 weeks later...

It will be interesting, they should send you everything that they have even after a 31.14 request. I don't think they have one and probablywon't show up on the day.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Sillygirl, you wish and it happens!!!

I have at last managed to contact the court after trying on and off since mid August. Everythings in order and the panic is over. My apologies to all. Full steam ahead to the 28th.

Next stop Lloyds TSB ona 142!!!!

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news just in!!!

 

Two letters from cap one.

1. Letter from that nice Mr. Robinson saying he can't give me documents as I have not signed the letter. I sent him a copy of the court application explaining that I did not think that needed my signature either.

 

2. A notice of default threatening doom and DCA's etc. I sent a copy of both to the Info Commissioner asking if either one is legal as the account is in dispute. (Copy of court notice enclosed)

 

I have to start thinking of eventualities. What happens if Cap One just ignore everything as usual?

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Hello All.

I am trying to think of all eventualities so some help please.

What happens if Cap One do nothing? Whats the next step?

If Cap One decide to dispute this will I know before hand or only on the day.

When I set out my arguments on paper should i send a copy to Cap One or the Court or both?

Any other advice?

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johnerog, not sure I am following the plot here.

 

You are taking Capone to court to obtain documents, yes ?

 

Is this in respect of the 31.16 and them not providing a copy of the CCA ?

 

You might find something in the following two threads.

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/171391-davey77-capital-one.html

 

and

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish.html

 

HTH

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Mr.B. Many thanks for having a look.

Yes I have asked the court to make cap one produce a copy of the original agreement to make sure they do not come up with an enforceable one at a later date and leave me with egg (no pun intended) on my face.(as suggested pt2537) At the moment they are ignoring everything and I am concerned that they may have something up their sleeve so I am trying to cover as many bases as possible.

If they just don't turn up whats the next step? Or, what might they have up their sleeve? Any ideas welcome.

I have read both the suggested links, both excellent and notes made.

By the wat; have you noted that Cap One's, Ade Potts, is an anagram of 'Post Date'. Some of the other names look a bit suspect as well. Would this not look a bit 'dodgy' in a court document?

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:):D

 

Anything CapOne produce in court would look a bit dodgy IMHO..

 

I dont think it would go down too well if they were to attempt an ambush in court with a document they could have provided to you a while back.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks Mr. B.

If I get my court costs back, £75; I'm sending £25 to CAG.

If I get anything from anywhere else I'll be sending at least 10%

Cap One is the first, a couple more to follow.

john

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Update.

 

I have received a letter from the famous Wendy Starr enclosing a set of old terms and conditions and stating that as she had sent the items requested would i like to contact the court and vacate the hearing.

 

I have e-mailed to her pointing out that par 1. of the draft disclosure order requests a copy of the signed original agreement, not T&G's and i will not be vacating. Even though she did offer not to pursue costs; kind lady.

 

Fortunately; following advice from this website, I have never given them a sample of my signature, even when requested, so i do not have to worry about cut and paste (I hope).

Court 28th. Still a bit aprehensive (in a manly way of course), but determined!!

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