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Capital One WON but.........


pj41
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Hi All,

 

I write on behalf of my partner who has successfully claimed against Capital One. Judgement has been entered to repay the money claimed.

 

HOWEVER: Capital One have credited my partners account and flatly refuse to refund the money by cheque. We are in a payment plan with all our creditors and they (Capital One) state that as "a responsible lender they have reduced her overall debt by crediting her account".

 

She (my partner) has written to capital one threatening to issue a Warrant of Execution if they do not remove the credit from the account and refund her by cheque. Again they refuse.

 

I don't think this is right or fair. The Court has ordered the repayment of money as per her claim. Surely crediting an account is not the same as refunding money as per the court order. Should she continue and issue a Warrant of Execution? Capital One have written to the court to explain what they have done.

 

Anyone with any experience of this? - any help or comments greatly appreciated.

 

 

Cheers

 

Pj41

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Hi. Im not sure how you legally stand on this one. I can tell you that my son recently won just over £3k from First Direct. His overdraft was £1,500. He has for a couple of months been using a different account. They paid the money into his account, closed the account and issued him a cheque for the remainder. He was quite happy for this to happen as one on the main things he wanted was to be rid of the debt of the overdraft and still have a lump sum to deposit into his new account. As your girlfriend is on a repayment plan, Im not quite sure how you stand! Maybe you should pm one of the Mods on this one.

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