Are Capital 1 contacting customers? ***WON***

[gregorious77]

Got another letter from Crap1 today, it is the response to me asking for a transcript or recording of the claimed phone call.

 

"Please note we are unable to provide you with a recording or transcript of the call that took place, as it took place in May 2004, and therefore our records do not stretch that far back.

 

We maintain the PPI was not mis-sold etc....."

 

This response has taken 5 weeks I gave 7 days.

[gregorious77]

Is it normal for them to defend the claim?

[AndyOrch]

See if they file a defence then Its not unusual to say one thing and do another and they certainly wont let you get a default judgment, normally they play it all the way then pull out and offer settlement.

[citizenB]

Got another letter from Crap1 today, it is the response to me asking for a transcript or recording of the claimed phone call.

 

"Please note we are unable to provide you with a recording or transcript of the call that took place, as it took place in May 2004, and therefore our records do not stretch that far back.

 

We maintain the PPI was not mis-sold etc....."

 

This response has taken 5 weeks I gave 7 days.

 

If they do not have a copy of the recording, then how can they quote from it ?

[citizenB]

Time's marching on.. They have until next Thursday - 13th, to file their defence, dont they ?

[gregorious77]

Indeed they do and no word yet!

[Madge67]

Oooooooh Im waiting with baited breathe Greg. I'm sure they will pull out at the last minute. Gosh are they that stupid they think they could win this case. OMG!!!!!

[gregorious77]

I would not mind going to court as this would mean a potential £4995 instead of £3500 or so.

They might let me get a default judgement by mistake(capital one did for my charges a few years back) which would be amusing.

[Madge67]

Hmmmm yes I see what you mean - Yehhhhhhhh lets go all the way. Just wondering how come you can claim more if you go to court??? Just windering as this could apply to myself at some point

[gregorious77]

Well I have asked the court to add 8% statutory interest which is at there discretion i believe.

[ims21]

Hi

 

the difference basically revolves around the approach that fos take and what a court can award. For a credit card fos order the reconstruction of the account with the removal of ppi. Their approadh doesn't take account of the principle of interest in restitution for unjust enrichment.

 

If a claimant opts for the court route then that principle is open to them to claim as per the case law of Sempra Metals.

 

Hence the broad brush statement that fos is slow, free, they do all of the work and award a lower payout. Court is quicker, can result in a higher award but the claimant has to do the work and be prepared to appear in front of a judge and the other side and then present, argue and justify a claim.

 

ims

[gregorious77]

Just phoned the court to see if a defence has been filed yet and still no word. they said I can apply for judgment tomorrow if it is not in by then.

[Madge67]

Wow they only have until tomorrow dont they. What happens if they dont file a defence - do you ask for the judgement to go through and they have to pay anyway?

[AndyOrch]

Just phoned the court to see if a defence has been filed yet and still no word. they said I can apply for judgment tomorrow if it is not in by then.

 

Regards

 

Andy

[Helen82]

Good luck

 

Ann

[gregorious77]

Just want to check some points in case of me being able to request a judgment.

One thing I want to make 100% sure of is the date. my Notice of issue says claim was issued on 12 Sept, the court sent papers to defendant on 13 Sept and they will be deemed to be served on 15 Sept

Notice of acknowledgement of service form says the defendant has 28 days from the date of service of the claim with POC, or the POC of claim, to file a defence.

I sent POC with N1 so am sure they have until 13 Oct which is 28 Days so I can request judgment on 14 Oct.

 

In the request for judgment details I have got.

 

Amount of claim as stated in claim form (including interest at date of issue) this will be the same as on N1 form.

 

Interest since date of claim (if any)

Period from..........to............

Rate..........%

How do I work this out? just run the spreadsheet again and put the difference in?

 

Court fees shown on claim The fee of £120

 

Solicitors costs (if any) N/A

 

I would like to get this filled out tomorrow you see so I can get it in to the court ASAP once I am sure they have missed the boat.

Of course I realise they have tomorrow to get it in and they may well do so but best to be prepared.

[AndyOrch]

capquest chasing old citi card - ppi reclaim too Page 5 onwards.

 

Andy

[gregorious77]

I think the Request for default judgment will be on its way to the court shortly.

Edited October 13, 2011 by gregorious77

[AndyOrch]

Get request for judgment in on time dont allow a last min defence.

 

Andy

[AndyOrch]

And don't worry about the 5K threshold its pre AQ.Therefore no track.

 

Andy

[gregorious77]

Ah nice one, thank you for your help.

I might have a 1/2 day tomorrow and hand deliver to the court!!!

[gregorious77]

Right I have been looking into what I can claim and how to put it on the form.

 

" 12.6

(1)A default judgment on a claim for a specified amount of money obtained on the filing of a request may include the amount of interest claimed to the date of judgment if –

 

(a)the particulars of claim include the details required by rule 16.4;

 

(b)where interest is claimed under section 35A of the Supreme Court Act 19812 or section 69 of the County Courts Act 19843, the rate is no higher than the rate of interest payable on judgment debts at the date when the claim form was issued; and

 

©the claimant’s request for judgment includes a calculation of the interest claimed for the period from the date up to which interest was stated to be calculated in the claim form to the date of the request for judgment.

 

(2)In any case where paragraph (1) does not apply, judgment will be for an amount of interest to be decided by the court."

 

" Section 16.4

If the claimant is seeking interest he must –

 

(a)state whether he is doing so – I did

 

(i)under the terms of a contract;

 

(ii)under an enactment and if so which; or

 

(iii)on some other basis and if so what that basis is; and This one (section 69 CCA)

 

(b)if the claim is for a specified amount of money, state –

 

(i)the percentage rate at which interest is claimed; Done this

 

(ii)the date from which it is claimed; Done this

 

(iii)the date to which it is calculated, which must not be later than the date on which the claim form is issued; Done this

 

(iv)the total amount of interest claimed to the date of calculation; and Didnt do this

 

(v)the daily rate at which interest accrues after that date.Didnt do this"

 

So the way I see it on the form I put:

Amount of claim as stated in claim form (including interest at date of issue) this will be the same as on N1 form.

 

Interest since date of claim (if any) The total of the compounded interest at 8% (1600 ish)

Period from The first charge date (2004).to Today

Rate 8%

 

 

 

Court fees shown on claim The fee of £120

 

Solicitors costs (if any) N/A

 

Thoughts?

[gregorious77]

Oh and attach a copy of the spreadsheet with compound interest plus 8% compound interest as well?

[AndyOrch]

Oh and attach a copy of the spreadsheet with compound interest plus 8% compound interest as well?

 

 

Correct, looks like you have got the hang Greg.Did you run the figures by ims?

 

Regards

 

Andy

[gregorious77]

No reply from him yet!

I guess he does have a life outside of CAG which is good.