Capital (one) Justice

[johnerog]

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.

[1970]

good luck.

[Fluffystuff]

Subbing John - might soon be playing follow the leader!

[Old Cogger]

Subbing????

[Fluffystuff]

Mike,

 

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

 

Fluffy.

[ukaviator]

Ok Johnerog now the wait.

[johnerog]

Still waiting for a case number from the court. Rang to-day, they quoted staffing problems as a reason for the delay. Issuing clerk back tomorrow. Fingers crossed!!

[johnerog]

News just in....

Court hearing set for the 28th October. 11.20am. Hooray!! (I hope)

[johnerog]

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.

[sillygirl1]

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

[johnerog]

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.

[ukaviator]

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.

[Old Cogger]

duplicate post~

Edited October 2, 2009 by Old Cogger

[johnerog]

Would somebody please check post 9 on here for me.

[Old Cogger]

Would somebody please check post 9 on here for me.

 

 

 

BUMP//////////////:(

[sillygirl1]

What you now need to do is contact the court who sent you the docs to see if anything is missing.... sounds like they might have forgotten to add a document.

[johnerog]

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!!!!

[johnerog]

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?

[johnerog]

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?

[Desperate Daniella]

Can't really advise, Johnerog, but it's a very interesting thread.

 

I'm sure you'll get someone legal soon.

[citizenB]

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

[johnerog]

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?

[citizenB]

 

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.

[johnerog]

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

[johnerog]

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!!