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Mrs.SS v Cap One - reclaim of Credit Card Charges


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Nothing at all since i posted on the 22.5.11

 

Rang court who said they will allocate a court date as and when they have the directions from the judge.

 

Never thought things would be this slow...

Card 1 - Charges reclaim £464 + Interest...ongoing

Card 2 - Charges reclaim £520 + Interest...ongoing

Card 3 - Charges reclaim £396 + £1179 Imterest **WON**

Card 4 - Charges reclaim £296 + £147 Interest **WON**

------------------------------------------------------------

4 x CCA requests

1 received.....Blank Application Form

1 received.....Terms & Conditions

1 received.....Sent agreement relating to a previous card :confused:

1 response....Have lost the agreement :)

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Hey SS thanks for the update, it is a little I agree, I think things are the same 2-3yrs ago with all the claims influx then it is now.

 

I got my court papers today, capital one should be in receipt of their tomorrow and then will see how it goes from there.

 

I am sure they will cough for you before you go to court, they seem to do, from the success stories I have read on here.

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Thanks for the update and keep at it. Would be interesting to see what defence they come up with, if any and whether they try and settle at the very last minute. That would make them extremely cynical and totally abusing the system.

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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btm

 

Ive already posted a copy of their defence previously, and it appears they are using the same one against other CAGgers...Lasek has just received exactly the same one i believe.

Card 1 - Charges reclaim £464 + Interest...ongoing

Card 2 - Charges reclaim £520 + Interest...ongoing

Card 3 - Charges reclaim £396 + £1179 Imterest **WON**

Card 4 - Charges reclaim £296 + £147 Interest **WON**

------------------------------------------------------------

4 x CCA requests

1 received.....Blank Application Form

1 received.....Terms & Conditions

1 received.....Sent agreement relating to a previous card :confused:

1 response....Have lost the agreement :)

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  • 2 weeks later...

Received in the post today a Notice of Allocation to Small Claims Track, and a hearing date of the 13th July. Rather peeved to get something in the post today that was stamped on the 8th June...means we have lost six days out of the fourteen we have to get all documents, and pay the £165 hearing fee :(

 

Have uploaded a copy of the directions issued by the court, which I think are pretty much what we asked for on our Draft Directions. Could someone cast an eye over them and flag up if theres anything unusual hidden away? Would be appreciated.

 

http://i816.photobucket.com/albums/zz90/Still_surviving/Cap%20One/CourtDirections0806111.jpg

http://i816.photobucket.com/albums/zz90/Still_surviving/Cap%20One/CourtDirections0906112.jpg

Card 1 - Charges reclaim £464 + Interest...ongoing

Card 2 - Charges reclaim £520 + Interest...ongoing

Card 3 - Charges reclaim £396 + £1179 Imterest **WON**

Card 4 - Charges reclaim £296 + £147 Interest **WON**

------------------------------------------------------------

4 x CCA requests

1 received.....Blank Application Form

1 received.....Terms & Conditions

1 received.....Sent agreement relating to a previous card :confused:

1 response....Have lost the agreement :)

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Hi SS,

 

As the judge has adopted your Draft Directions, you now have to prepare your court bundle ready to File and Serve to the court and to the bank (or their reps) by the time allowed.

 

If the late delivery of the court's letter leaves you short of time, you could ask for an extension of, say, 7 days to get your evidence together as there's a lot to do. If you can manage without an extension, better still.

 

The bundle should include reference to :-

 

1. Limitation Act 1980, s.32(1)c citing Kleinwort Benson -v- Linclon City Council as case law in support of claiming charges older than 6 years (if applicable).

 

2. The case of Sempra Metals -v- Inland Revenue Commissioners in support of your claim for interest in restitution.

 

If you wish, you could also contact the bank or their sol'rs saying a Hearing Date has now been set and, if they wish to avoid the further time and costs associated with the ongoing litigation, they may wish to consider settling now in the sum of £xxx as shown on the enclosed updated SOC which includes court fees paid to date.

 

:-)

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Re Witness Statement, see this post - http://www.consumeractiongroup.co.uk/forum/showthread.php?53570-New-strategy-for-Allocation-Questionnaires&p=482194&viewfull=1#post482194

 

Be warned that it's old and relates to bank a/c penalty charges. You can use the examples for ideas on layout and content but you'll have to adapt it to reflect your own credit card charges claim.

 

If anyone has a link to a more recent and relevant WS, please provide a link to it.

 

:-)

We could do with some help from you

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All the best SS, if I find anything useful, I'll post 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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LOL I really dont know whether to laugh or cry....(so on balance will laugh)

 

G/F took a call from Crapquest thinking it might be to do with the court case. She passed them over to me once she had done the security nonsense - dialogue went like this:

 

"Its about the oustanding balance of £480 on the account"

"Do you speak to Capital One - we are in the process of sueing them and have a court date"

"I require you to give me some debit card details so I can process a payment"

"Do you not listen?"

"Yes but my screen says you had our final response - so you must pay"

"Oh really - do you think the legal system works like that?"

"Well i must record this as a refusal to pay"

"Do what you like"

"You realise we could issue court proceedings against you?"

"You realise we would immediately counterclaim"

"Im going to recommend further collection action"

"Good luck"

 

Remind me to never ever speak to these donkeys again. Upon reflection should have known they would have nothing to do with our legal action.

 

Unfortunately my TrueCall wasnt connected to the number she rang on :(

Card 1 - Charges reclaim £464 + Interest...ongoing

Card 2 - Charges reclaim £520 + Interest...ongoing

Card 3 - Charges reclaim £396 + £1179 Imterest **WON**

Card 4 - Charges reclaim £296 + £147 Interest **WON**

------------------------------------------------------------

4 x CCA requests

1 received.....Blank Application Form

1 received.....Terms & Conditions

1 received.....Sent agreement relating to a previous card :confused:

1 response....Have lost the agreement :)

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send a complaint letter to: - Ms J. SIMMS, Q&A Officer at Capquest to cease harrasement or immediate action will be forthwith to authorities also to the case Judge at any hearing which is imminant!

:mad2::-x:jaw::sad:
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  • 2 weeks later...
Have just received from Cap One a copy of their defence, and a slightly revised offer of £419.76 & £85 court fee. In the interests of keeping CAG users up to speed on Cap One, I am showing below all the docs, minus personal details.

 

http://i816.photobucket.com/albums/zz90/Still_surviving/Cap%20One/CapOneOffer310111.jpg

http://i816.photobucket.com/albums/zz90/Still_surviving/Cap%20One/CapOneDefence1.jpg

http://i816.photobucket.com/albums/zz90/Still_surviving/Cap%20One/CapOneDefence2.jpg

http://i816.photobucket.com/albums/zz90/Still_surviving/Cap%20One/CapOneDefence3.jpg

http://i816.photobucket.com/albums/zz90/Still_surviving/Cap%20One/CapOneDefence4.jpg

 

 

Once you cut through all the bumf, it seems their defence boils down to the same usual points weve seen mentioned before:

 

1. The charges are in our terms and conditions so must be legal.

2. They are based on what it costs us (oh really....)

3. Anything over six years old, you can whistle for.

4. We have no comprehension of restitutionary interest, but you can have some purchase interest back.

 

Am going to read and digest this some more over the weekend, but would welcome other opinions etc

 

Hey SS, I got the same exact letter and defense in the post, they claim they have submit it to my local courts, but when I phone th courts up they said they have not defense on file for Capital one. I will keep you posted once I have anymore update.

 

How is your claim going?

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They try to limititation of losses if you are not wary, so keep going for the full true amount you have already submitted, they cave in at the last minute following other threads.

:mad2::-x:jaw::sad:
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They try to limititation of losses if you are not wary, so keep going for the full true amount you have already submitted, they cave in at the last minute following other threads.

 

Yea, as they claim they are only willing to offer such and such which not even anywhere near what I am claiming for and including charges and interest. But I will keep going and I do hope they cave in soon, for all of us :).

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Hi SS

Good to see the updates. Wishing you a successful outcome.

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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Heard nothing from Cap One so I assume we will be meeting in court soon....

 

Did get a Notice of Assignment from AIC the other day, saying they now own the 'debt' of £400 odd. Somewhat interesting - if they lose the court case, or wish to settle, have Cap One now lost the ability to offset seeing as its not their debt any more, but my court case is against them?

Card 1 - Charges reclaim £464 + Interest...ongoing

Card 2 - Charges reclaim £520 + Interest...ongoing

Card 3 - Charges reclaim £396 + £1179 Imterest **WON**

Card 4 - Charges reclaim £296 + £147 Interest **WON**

------------------------------------------------------------

4 x CCA requests

1 received.....Blank Application Form

1 received.....Terms & Conditions

1 received.....Sent agreement relating to a previous card :confused:

1 response....Have lost the agreement :)

Link to post
Share on other sites

Dont want to be a wet blanket on this, but when an account is assigned is it not, as well as the assets (ie what they claim you owe them) but also the liabilities (what they might owe you). Thus, having sold (or reassigned) to AIC, might CrapONe not have a defence that they no longer own the account and thus have no liability. Therefore you might need to start again? Or, if this is the case - ie AIC bought the liability to recompense you for the unlawful charges - do you have time to have them joined to the action (ie sue them both - you cant get it wrong then :whoo:).

I would be very interested to know, since Crap Quest are being very difficult about a CrapONe account they bought a year or so ago. They have two problems - one that they dont have an enforceable agreement, just an application form with not a presecribed term in sight. The other problem is that, depending on what rate of interest is applied to the unlawful charges they owe ME 150% to 300% of what they could possibly claim I owe them. I have been trying to get them to accept a deal that "you dont sue me and i wont sue you", on the basis that if they came against me I would simply counterclaim for the unlawful charges so the best they could hope for was to lose somewhere between 400 and 1600 pounds (what they owe me less what I owe them, in the unlikely event that the court decided the account could be enforced).

However, if CrapONe remain liable (I had always thought the liability transferred to Crap Quest), then I might sue CrapONe for the charges and just tell Crap Quest to sod off!

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Hi SS,

 

You are quite right to be suing Cap1 as it is they who added the default charges to the a/c.

 

If you win your claim, there is no question of them be able to offset any balance owed, either for themselves or for AIC.

 

You either get a CCJ against Cap1 which they have to pay to you direct......

 

......or you can negotiate settlement before court but, again, you should not agree to any offset.

 

Of course, this leaves a debt owing to AIC which I would assume you'll settle from your settlement.

We could do with some help from you

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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sfu

 

If you take one step back and think about this logically, it would be far too easy for defendants to side-step the court process if they merely assigned their liabilities away. At the very least I would press for it being considered an abuse of court process, seeing as it happened 3 months after my court action was instigated.

 

slick

 

Aye - theres no way I would consent to having to sue anyone else - not after all this time.

 

 

I have to say, it looks as if we will be heading into court, seeing as Cap One have made no contact, and it is seemingly impossible to get email/telephone contact details of their legal department. So be it - but it does state in the judges draft directions, that once our court bundle was submitted they have 14 days to serve a response stating whether they accept the status of penalty charges applied to the account. If not, they are supposed to give a statement of how their fees are calculated.

 

Im not one to hope for them behaving properly after all this time...but the 14 days are up on friday. No doubt they will serve them to court and 'forget' to send me a copy.

Card 1 - Charges reclaim £464 + Interest...ongoing

Card 2 - Charges reclaim £520 + Interest...ongoing

Card 3 - Charges reclaim £396 + £1179 Imterest **WON**

Card 4 - Charges reclaim £296 + £147 Interest **WON**

------------------------------------------------------------

4 x CCA requests

1 received.....Blank Application Form

1 received.....Terms & Conditions

1 received.....Sent agreement relating to a previous card :confused:

1 response....Have lost the agreement :)

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Share on other sites
Of course, this leaves a debt owing to AIC which I would assume you'll settle from your settlement.

Assuming the debt figure is correct and does not include uncontested amounts! :razz:

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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so many Banks etc have files & files of CCJs against them, seems you would not get paid?

A CCJ against a bank? With all those assets? Bring it on!!!

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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