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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Floricita vs Cap 1


floricita
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Not sure if that would work though mate, because for example.

 

If my charge sheet says £20 on 01/01/07, I will calculate interest from that time until now subtract the partial refund amount, which includes interest until the refund date not current date.

 

If you see what I mean? The figures wouldn't be correct I don't think :(

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  • 3 weeks later...

Hi Floricita

 

How are things progressing for you? Looking to do something similiar soon...

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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  • 1 month later...

Well done, I wish you the very best.

 

I'm surprised by the lack of comment from other's though?

 

Have you had any contact from Capi since starting your claim?

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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floricita

 

If they do not do anything about your claim within the statutory period, you can apply for judgement in default. However do check with your court carefully before doing this, as in our case we only found out Cap One had acknowledged service 9 days after they had done so.

 

A lot of local courts are processing claims and defences via 'Regional Business Centres' which basically can be miles away (70+ in my case).

 

They have 14 days to acknowedge service, and then a further 14 if they intend to defend. Just check with the court at every stage, as if you act too swiftly it will only get overturned or rejected.

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Thanks mate, will do.

 

I know that the admin for Southend court (the one I am using) has been given to some place else when I spoke to the lady at the desk, so I will take your advice and double check.

 

Thank you

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  • 2 weeks later...

Right-update-got a letter from them yesterday saying that I have no case against them and charges have been applied correctly. HOWEVER-as a gesture of goodwill they will pay me back the full amount, with 200 in my account to bring me 10% under the agreed limit and 900 pounds sent by cheque-yet to receive.

 

They also sent me a letter of discontinuance- i'm not sure what I'm suppossed to write in there to be honest-I don't know what name to write where it says enter judges name-and do I just send the one copy to the court?

 

Obviously I'm only going to send it off once I have confirmation that they have paid the monies!!!

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Well done. Sounds like a great result!

Are you happy with it?

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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Don't back down once you have served the papers. Cap1 usually fold just before the court date but you must ensure that your figures are spot on

Looks like this's what's happened in your case!

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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Floricita

How much has this cost you in terms of court claim fees, in total, so far? I take it the will pay these costs as part of the settlement?

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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Right have checked my account and funds are in and cheque apparently is on its way.

 

May sound really silly but I don't want to make a mistake and I've never done this before.

 

My dties now is to inform the court I take it?

 

Do I write a letter with the case number on?

 

Send a discontinuance form?

 

Both?

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