Starting the fight with Capital One

[doo]

lynne, have rung Southend Court today, on 27th there were apparently 300 other bank cases being looked at, apparently we should hear in a couple of weeks.

[lynne43]

hi there guys, i really need some advice here, just heard from my daughter who is down visiting her father in law (it's his address i'm using for my claim) she opened a letter from the court and i have to attend on the 13th sept, i really didn't think it would go this far but can some one plz give me some advice as wot to do, now i'm really worried cheers

[lynne43]

i was just wonderin if i should ring the court on monday and ask wot all this means and should i inform them that i stay in scotland and that travellin to southend would be to far even have the case brought nearer to me plz guys someone help me here

[ukaviator]

Hi Lynn

 

It probably won't go that far, but it maybe an idea to call Capital One and see if they are going to settle. It is unusual for them to appear in court over charges. If they say they will turn up, then get the court bundle ready just in case. I think they will settle before the date.

 

Uk

[lynne43]

thanks uk i just needed some words of encouragement wot court bundle is it ur talkin about

[doo]

lynne, I got the same letter about the court date at Southend Court, I have not informed them that my claim is concluded yet as I am still trying to get the Allocation Questionnaire fee, if I find out anything I'll post up on your thread.

[lynne43]

Hi there, i have just had a letter from the court in southend, i applied to have it moved to a court nearer me, the letter says nothin about whether it is bein moved but it says that things a basically stayed just now until the test case is resolved i would like to scan this letter and have someone who actually understands these letters, have a look at it as, it is like a foreign language to me, is there such a person out there lol, let me know and i will scan and send it to u, any help is muchly appreciated ty

[ukaviator]

Hi Lynn

 

Credit Card cases are under different terms, so they are still ongoing. If you can give us some details, maybe type it out here, we can have a look at it for you. There is a removal of a "Stay" letter in the Bank Templates Library.

 

Uk

[lynne43]

ok this is wot the letter says

 

Before district judge Dudley sitting at Southend County Court (address etc)

And upon it appearing to the Court that this claim will be affected by the outcome of those proceedings:

IT IS ORDERED THAT

1. This claim be stayed until determination of the proceedings in the High Court

 

2. Liberty to either party to apply on notice under CPR 23 to lift the stay

 

3.The hearing of any application to lift the stay be reserved to District Judge Dudley

 

This Order was made of the court's own initiative pursuant to CPR Part 3.3(4). You may apply to set aside, vary or stay the Order, but such application must be made within 7 days of recieving it

 

On an attached letter it says

 

Dear Claimnant

 

BANK CHARGES CASES

 

you will find attached an order frome the Court in relation to your case.

All cases have been stayed (all proceedings halted until the test case is determined).

If you need to get in touch with the court about your case we would ask you to write in rather than telephone the court as this allows us to process the work more quickly

 

Thank you for your cooperation

 

etc etc

[electric lemon]

OMG this is just awful!!!

 

I am about to file my N1 finally (HURRAH!!) against Capital One & now from what I have read on your thread it appears that the CC's are getting 'stays' as well???

 

I thought that Capital usually settled a couple of weeks after filing & putting in their defence??

 

Is this right?? I thought it was only the banks that could get Stays??

 

Now really confused??

[lynne43]

hi guys, sorry i haven't been in for a while, got a bit dispondent just to update u i got another letter from the courts jsut before xmas to let me know the stay had been stayed but with the start of the court case yesterday i will be keepin an eye on things

[mkandy]

Why have they stayed it though, was there any explanation?

[lynne43]

all they said was that it was stayed pending the test case goin to court

[mkandy]

Crap. Hopefully we get some good news in the coming weeks then.

[lynne43]

yeah i know, it's bin over a year now since i started this and i'm gettin a bit fed up with it now but am not givin up as i'm sure crap one wishes i did, but have totally lost track of the interest they owe me now, one of the members very kindly started it for me, will they still owe me this interest from when i started, wot does anyone think?

[lynne43]

well here i am again and still no further forward, just over 2yrs later, i actually wrote to crap 1 and offered them MY gesture of good will with a lump sum payment, which they refused they said they had sent out a cheque for the remainder of what they thought they owed me after clearing my acc, about £3000 short but would cancel that cheque and send another providing i halted the court proceedings, low and behold there never was a cheque and i haven't stopped the court case, any ideas as wot to do next and some help in my bank charges would be brill as i really can't get my head round how to do them, i have tried several times and it never comes out so don't know how much they do actually owe me now cheers

[cadencealex]

well here i am again and still no further forward, just over 2yrs later, i actually wrote to crap 1 and offered them MY gesture of good will with a lump sum payment, which they refused they said they had sent out a cheque for the remainder of what they thought they owed me after clearing my acc, about £3000 short but would cancel that cheque and send another providing i halted the court proceedings, low and behold there never was a cheque and i haven't stopped the court case, any ideas as wot to do next and some help in my bank charges would be brill as i really can't get my head round how to do them, i have tried several times and it never comes out so don't know how much they do actually owe me now cheers

 

 

Oh dear, what a nightmare.. I wonder why it is taking so long!

 

Stick with it.. you have come this far... and keep going until you get that default removed.

[Audreygreeneyes]

Hi lynn

 

as far as cap one goes, exactly where are you in the court stage?, for the ones I have done from issuing the corut paperwork to payment was approx 2-3 month....... one set of bailiffs and some radio exposure and national tv for one claim,....

 

if you need any help just hsout.....

[beachcomber60]

Subbing

[lynne43]

Hi audrey, my papers r filed in the court i got a reply sayin it was stayed, i then sent a mail to rachel howey and told her as a gesture of MY good will i would be willing to settle with a lesser amount but she says she had settled my acc and sent me a chq, i never rec'd the chq so she said she would cancel that one and send me another, low and behold that one never arrived either, i have no idea how to work out the interest, have tried several times and failed miserably but don't know wot else to do now, rachel howey said that it was finished with and she sent me a form to discontinue the court proceedings of course i didn't send it had i the opportunity i would have shuved it elsewhere

[holley]

I'm just starting the fight with Capital one they have only sent me terms and conditions so have sent off a letter (copy of one from this fab site) and see what happens. They have charged massive amounts of interest and charges lost cheques I have sent them (they have been cashed by my bank!) they telephoned me today for about the 5th time so when I answered I asked if they had heard of Ofcom quote regulations told them I was reporting them for harassment and all calls from Capital one were being monitered they hung up on me - I did feel good!!

Just out of interest has anyone won the case against credit companies because they havent filled in the right paperwork?