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    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
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Starting the fight with Capital One


lynne43
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Thanks lynne43, on the second account that is outstanding have you got as far as the allocation questionnaire - also did you just claim 8% stat interest or CCI?

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Hi doo, i haven't got to the allocation questionaire yet and i only claimed the 8% the cheque in the bank has now cleared so i will write to the court on Monday to let them know that is has been settled

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Have you received a full settlement Lynne?.

 

Uk

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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For the smaller account uk yes but not for the larger account i posted off the "i respectfully decline ur offer" letter with an up to date schedule recorded delivery on thursday so will wait to hear about that one, for the smaller acc cheque recieved, banked and cleared yayyyy 1 down, 1 to go

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  • 2 weeks later...

Hi there, just an update of whats happening, i reviebed info from the courts that my claim is being transferred to the Southend county court and today i recieved a letter from cap one which says

thank you for writing to us about the fees on your acc.

It's going to take us a little while to look into your situtation and come back with a detailed response. We'll do everything we can to get an answer to you within 4 weeks. ( are they kiddin) If for some reason our investigations take longer than 4 weeks we'll contact you to tell you why this is.

Thank you very much for being patient while we collect the info we need.

signed Ellen Renshaw

 

now what i would like to know is this i recieved the Notice of Transef of Proceedings dated 2 May is there not a time scale as in the lba etc like 40 days or is 4 weeks the norm or should i write back to them with a time scale

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Hi lynne, I take it this is for your second larger claim, have you filled in an allocation questionnaire for this one? My local court also sends bank claims to Southend. What was the date of this letter? Sounds to me like it has just come from their customer services dept and not the legal dept, they are so slow in following things are there they probably don't even realise you have taken court action.

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Hi there doo, yeah this is for the second larger claim, i haven't filled in the aq yet the date on the transfer letter was 2nd May i would have thot that if it was going to a court from a court then they would know that there is a claim filed, i wouldn't have sent it myself, but will it take cap 1 this long or r they stallin for time as they have been know to do?

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lynne, I have no idea what Cap One are thinking, my claim with them is ongoing as well, all I can tell you is that I filed my claim, refused offer, filed allocation questionnaire and have heard nothing since. The lady at the court told me that it will be sent to Southend though. As for transfer, are you saying that it has now been transferred from your local court to Southend, if so I have not received any notification of this yet. Where is your local court?

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Hi doo. all i have recieved is a notice of transfer of proceedings, at first i filed an mcol then i received letters from basildon court, once the time limit for the mcol had expired, basildon (being the nearest to essex, the address i'm using) wrote to me telling me that it was being transferred to Southend, i don't have a local court, as i am in scotland, using a friends address so that i could use the mcol and the laws in scotland differ to england so as u can imagine i am really hoping this doesn't go to court or i will have to make my way down to Southend lol also i was wonderin, if this is gonna take at least another 4 weeks maybe longer, does that mean i will have to send another schedule of the claims as the interest will be more than the one i sent them on 1st may?

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You do not need to do anything at the moment - they will have your latest spreadsheet which you supplied with your N1, just remember that your interest is accruing daily and that will come into play when they pay out. It's just a waiting game now. Keep us informed.

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Hi all, just an update, recieved letters from Southend court today to say that 'it is ordered that the claim is stayed until 27 June 07 to be referred to district judge dudley in paperwork'

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Well lynne I reckon my paperwork is going to join yours soon, I still haven't heard anything yet. Not sure why they have 'stayed' the claim, maybe UK can throw some light on this. Don't feel isolated in this, there are a few of us who rejected their offer's after filing N1's and who are continuing to hold out for full amounts. Did both your claims ask for CCI, can't work out why they have paid one in full and not the other.

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No idea about why doo, but one was buttons compared to the other, i don't know wot CCI is but i'm not in a hurry i recieved the exact letter again 3 days after the first, me thinks they r tryin to worry me a bit, but it ain't workin i was wonderin tho, maybe i should write this eleanor back and tell her not to worry, take yer time hen, am in no hurry, the interest is bein added daily lol

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Lifted from the court services website:

 

If I think I may be able to settle the case without a trial, what can I do?

 

If you and the defendant agree, you can use the allocation questionnaire to ask the judge to allow the proceedings to be 'stayed' (halted) for one month while you attempt to settle your dispute. You can do this by either talking to the defendant or asking another person to help. This person may be an expert, mediator or an arbitrator.

If the judge approves your request, the proceedings will be stayed for a period of one month. You will receive an order setting out the date until which the claim is stayed. The order will tell you what you must do at the end of the stay, for example:

  • notify the court that the matter is settled; or
  • request an extension of the stay period; or
  • tell the court that no settlement has been reached (so that the process of allocation to track can begin).

An extension to a stay will generally be no more than one month and you must explain, when you apply, who is helping with your attempt to settle and why you need further time.

 

I think maybe lynne that cap one have their wires crossed over your 2 claims. Either that or the buggers have found another way to stretch out the process on the off chance of a new ruling. I hope not as im about 5 days behind you.

ANY LEGAL BEAKS HELP!!!!!!!:eek:

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Hi all, just an update, recieved letters from Southend court today to say that 'it is ordered that the claim is stayed until 27 June 07 to be referred to district judge dudley in paperwork'

 

Hi Lynne

 

Looks like the Defendant may have ordered the stay, as they maybe behind in their defence paperwork or some other excuse. Can you type up exactly, without your details, what was in the stay please?. .

 

Uk

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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yep no worries i'd scan it and let u see it if i knew how to attach things in here but this is exactly as it is set out

 

In The

SOUTHEND

County Court

 

My Name Claim Number

My Address Claimnant

My Town Cap One Bank Etc

My Post Code 16 May 2007

 

 

Before DISTRICT JUDGE DUDLEY sitting atSouthend County Court, Tylers House, Tylers Ave, Southend on Sea, Essex, SS1 2AW

 

Upon the court's own initiative

 

IT IS ORDERED THAT the claim is stayed until 27 June 2007 to be referred to District Judge Dudley in paperwork on 27 June 2007.

 

Dated 04 May 2007

 

 

There is a court stamp just under the top right hand box with the date 16 May 2007 no signature of anyone, nothing else

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  • 4 weeks later...

Can someone give me some concise advice on two issues with Capital One please? I have one account myself that they have offered me a settlement of £600 against charges of over £2000. I have responded that this is not acceptable and received a reply that this is the final offer. Next best steps here? There response also disputed that the charges were unlawful.

Other account was my husbands that again had excessive charges on. This went to a collection agency and made an arrangement and paid this off. How do I kick off reclaiming charges on that one? Tks

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Hi there jradley, firstly, u'd be better starting a new thread of ur own, that way u will get more help, but no matter it's ok, anyway the exact same thing happened to me i got a 'this is our final offer letter' i stuck to my time scales and rejected their so called final offer, sent the lba, then made an mcol eventually they got the message, they r just tryin their luck, keep at them, also they always say that their charges are not unlawful that is only their opinion, on the other question about ur paid off acc, just do the same as ur other acc, get ur statements, add up the charges, work out the interest and send it to them in the same way, my smaller acc was paid off but i just did the same as my other acc it doesn't matter if it is paid off or not, if there is charges on it, claim them back. hope this is helpful

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hi there doo, that's typical lol, now just wait for the 'stay' letter, which reminds me, does anyone know wot hapens after the 'stay' has ended, mine is due to end on the 27th (thursday) will i have to go to court or what? haven't even had the aq yet

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ok it's now over the date for the stay (of execution) lol i'd really appreciate someone telling me wot is supposed to happen now i haven't heard from cap 1 or the courts

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Hi Lynn

 

I would ring the court to see what's happening. I know the courts are behind, about 2 weeks, with most claims.

 

Uk

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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