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    • @jk2054 and @BankFodder - Your feedbacks in posts #199 and #202 have been incorporated into the attached WS. As usual, amends are in blue in this draft. Based on other WS drafts I've seen where the issues in dispute are part of the WS, I built my first draft WS in the same format and hadn't seen it to be an issue before. You will notice that the 'witness statement' has been replaced with 'Claimant's Statement' so that issues in dispute does not need to be on a separate page before the WS. This is especially given the work that has gone in to reduce the size of the WS to 8 pages. Also thanks for the suggestions re: confidentiality - I agree with your views and will stand firm on this if a condition of confidentiality is brought up. I have not been approached by Evri on this forum or by email. I haven't yet had success in paying the hearing fee. I am calling the court as often as I can (during work breaks/lunch etc.) and have sent 2 emails to the court requesting a call back. If i don't have any success by the end of this week, I'll send another email chasing for a call back. @BankFodder - Also attached is an invoice from Packlink which shows that I was charged by Packlink for these services: "drop-off at EVRi - Next day delivery" and "Proof of Delivery". It also has the payer's address and there are "Origin" and "Destination" fields which have the postcode of the sender and the recipient (I have redacted personal details in the attached invoice).  I am already including this in my evidence bundle (without the redaction) but wanted to share this redacted version so that other people can consider this as example in their bundle of Packlink and Evri's contract being instigated by the sender of the parcel who has paid for the service, and further shows that there is information in the invoice to identify that a third party beneficiary (sender / recipient) is present in the contract between Packlink and Evri. If this invoice is no good, then please let me know / delete it from this post. Draft - Witness Statement and Court Bundle redacted.pdf Packlink invoice - REDACTED.pdf
    • It can be frustrating when clients fail to pay for services or products rendered, ignore payment reminders, or claim an inability to pay. How quick do you pass to a Debt Collection Agency like www.corporatedebtrecovery.co.uk 
    • The Court s pretty informal. The Judge [who you call "Judge" rather than Sir or madam] will not be wearing a wig and gown just a suit and it is advisable that you do the same and a tie. Other than that the Judge will do most of the talking .If they haven't received a WS from the scrotes either the case will probably be thrown out straight away. Usually the Judge will ask their lawyer a number of questions then ask for your take on things and then the case will be decided.  UKPC 0 Mystic Bertie 5. Then ask for your expenses time off work [if not being paid by your company while in Court, travelling and parking costs and occasionally they will allow something like 5 hours research at I think £8 per hour. Later celebrate and post us the result and how much fun it was. You will wonder  why you worried about it so much. Next time will be much easier.🙂
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Moneyclaim acknowledgement cap one


pjswansea
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Cap one acknowledged my claim....what do i do now? Do I sit it out? I've heard nothing.

 

What is anyones experince with cap one at this stage? Is it a ploy? I want my money! lol:p

 

ps. is there anything about forming a defence? if it does go 'all the way' i would appreciate som e pointers on what i am supposed to argue over.

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From reading tens and tens of claims on here its just a ploy, they may file a defence but will settle before it goes to court. I think I'm right in saying they have 28 days from when you filed your claim to put a defence in so you may have a little while to wait still

  • Confused 1

Capital One - Mastercard - Claiming £720

CLAIM PAID IN FULL 25/10/06 £878.94

 

Capital One - Visa - Claiming £473.70 and £565

CLAIM PAID IN FULL 21/11/06 603.49

2ND CLAIM PAID IN FULL 30/1/07 £565.00

 

NatWest - Claiming £720

CLAIM PAID IN FULL 18/10/06 £951.06

 

Halifax Part One - Claiming £958

Pre-Lim Sent 11/9/06

Offered £450 28/9/06 - Refused

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Cap one acknowledged my claim....what do i do now? Do I sit it out? I've heard nothing.

 

What is anyones experince with cap one at this stage? Is it a ploy? I want my money! lol:p

 

ps. is there anything about forming a defence? if it does go 'all the way' i would appreciate som e pointers on what i am supposed to argue over.

 

hi they have done the same to me, they have 28 days to file defence if they dont then you have won by default. Read the FAQs they explain it all to you.:D

  • Confused 1
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Hi PJSWANSEA.

 

Have a read at the Guidance Notes. There are some pointers on what to say should you have to go.They have'nt gone to court yet to defend themselves.

They normally payout.They play a waiting game to see if you back down.

Just read the notes and be prepared. Remember, you are suing them. They have to defend themselves.

 

Your the Mongoose..they are the Snake..

 

Hope this helps..

 

Ukaviator

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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I'm at the same stage. I've read loads of threads and haven't seen a Capital One defence yet.

 

I am very hopeful that this is as far as they are going.

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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I've finally received a cheques for the partial settlement, even though I advised cap one that I was pursuing them for the full amount. As my case is at Acknowledgement stage, should I return the cheque? Or should I bank it and send a letter accepting it as a partial settlement?:confused:

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:D

I've finally received a cheques for the partial settlement, even though I advised cap one that I was pursuing them for the full amount. As my case is at Acknowledgement stage, should I return the cheque? Or should I bank it and send a letter accepting it as a partial settlement?:confused:

 

 

ANYONE?

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I was sent a £72 cheque by Robert Udy even though I'd claimed by then. I'd written to say I didn't want it, but it still arrived.

 

I would send it back and say you want the full amount only. You will be returning it soon anyway if theyhave acknowledged as i've had a letter today offering full settlement, so the £72 cheque isn't needed!! They haven't put a defence in, and acknowledged on 4 September.

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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Just had a thought - you have to let the court know immediately if you receive any payments. If you phone the court maybe they can tell you if there is any problem in accepting part payment at this stage.

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  • 2 weeks later...

:o Can't believe it! Capital One are being gererous. They are paying me 269.27, although my claim was for 230!

 

They want me to inform moneyclaim. Do I tick this box;

 

The defendant admits that all the money is owed

(Judgment by Admission)

spacer.gif

If the defendant has given a new address on the form of admission to which correspondence should be sent, update the defendant's details within the following Judgment request.

spacer.gif

They have deemed the payment as a gesture of goodwill. So its not an admission...is it?

 

CAN ANYONE ADVISE ME?

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No, most definately not PJ. That box essentially attempts to issue a CCJ against Capital One, and as much as we'd all like to... ;)

 

What you need to do is send the court handling your claim a brief note stating that the claim as been settled in full out of court, and you would therefore like to cancel it.

 

However - don't do it until the money is in your hands.

  • Confused 1

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Hubbies claim was settled in full about a week before they needed to provide a defence, never submitted any kind of defence at all. :)

You can email moneyclaim if you prefer or call the helpline once the claim is settled, as the previous poster stated don't do a thing till you see the cash.

well done!

ali

Btw I am no expert just give notes based on what I have read on here and other forums/sites, plus my own experiences and investigations.

 

All ccj's now dropped off file, 2 yrs to go to clear file.

All old debts either settled or made unenforcable.

 

RBS MPP-Full offer at 8 wks from first complaint

RBS Overdraft loanguard-full offer at 8 wks from complaint

Citicard ppi-with FOS finally paid 8 months after offer through FOS!

Capital one x2- with FOS

Monument ppi-with FOS

aqua x2 ppi-partialled settled still pushing for the rest

Black horse ppi-offers made and accepted except for one early loan they say no info held-still pushing for payment

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Guys I just put in my moneyclaim this afternoon so hopefully all will go well with that.

Two questions I have are.

1. How long do they have after writing to say they will refund in full to issue a payment?

And

2. How do they pay for instance my amount is more than credit limit so they send a cheque in full or pay off my card which is up to date??

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1) Bit of an open-ended one. There is no set time limit on settlement, except for the natural time restrictions on court deadlines - if they miss a deadline, you can file for judgement, for EG.

 

2) Not entirely sure to be honest, as I'm still in the early stages of my Capital One claim. I imagine that the best course of action would be to have them deposit it to your card account, which will essentially leave you with a negative balance (IE: Money you can draw on that Capital One owe you). You can, however, make it a condition of settlement that they send you a cheque in full, although this could make the process a little longer.

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Hubbies refund was just slightly less than the outstanding balance and was paid within a few days of the offer direct onto the account, so quite quick payment. Good luck

:D

ali

Btw I am no expert just give notes based on what I have read on here and other forums/sites, plus my own experiences and investigations.

 

All ccj's now dropped off file, 2 yrs to go to clear file.

All old debts either settled or made unenforcable.

 

RBS MPP-Full offer at 8 wks from first complaint

RBS Overdraft loanguard-full offer at 8 wks from complaint

Citicard ppi-with FOS finally paid 8 months after offer through FOS!

Capital one x2- with FOS

Monument ppi-with FOS

aqua x2 ppi-partialled settled still pushing for the rest

Black horse ppi-offers made and accepted except for one early loan they say no info held-still pushing for payment

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