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Hello everyone. Thank you...and a question


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Hello, having spent many many hours reading through information on this site I can't thank everyone enough for giving their time and knowledge!

I am in the middle of a claim for charges again both Capital One and Abbey—both are at the stage of filing a claim.

 

Therein lies my query. I had got to that stage with both the companies mentioned above at the end of last year but due to a family illness that took up most of my time I didn't continue (essentially the final date for them both to refund me passed and I was busy concentrating on other things.)

I'm now hoping to resurrect these claims and wondered if I could now just file my claim in court or do I need to a) start again or b) send one final latter informing the companies that I'm back (!) and will be claiming?

 

Would be really grateful for any advice as I don't want to do this wrong and give them an "out" if you see what I mean.

 

Once again, thank you for this site and a very happy new year to you all.

 

:)

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No need to start again.

Before you start the court line though, you may like to use the letter below. The worst that can happen is that you will only have lost 7 days.

 

 

Dear Sir

 

 

I am writing to inform you that this will be the next stage unless I receive full payment in the next 7 days of the £xxxx detailed in my previous letter to you.

 

However, please accept this correspondence in accordance with my duty under the Civil Procedure Rules to continue to pursue a settlement without the need to invoke the time of the courts

 

If you do not intend to defend your charges in court, but hoping that I will "just go away" I should to point out that this will not happen and you will incur further costs against you.

 

Take note that I will draw the Court’s attention to the fact that you have not made any attempts at settlement in accordance with the overriding objectives of CPR. Furthermore I will submit this letter to the Court as further evidence of your intransigence with my case despite my attempts at settlement and the settling by your company of all other similar claims to date.

 

Alternatively, in accordance with the overriding objectives of the Civil Procedure Rules I would like to give you the opportunity to settle this issue without the need to take the time of the Courts. My claim is for £xxxx. If you could ensure that this sum is paid into my bank account within seven days I will inform the court that this matter is settled. If you wish to pursue this course of action please telephone me to obtain my account details.

 

Please do not waste any further time with something you do not intend to defend.

 

Yours sincerely

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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  • 1 month later...
Guest littlesally

No interest can be claimed with this letter, worth remembering if you have a large claim. Mine was under £300 so it worked.

 

Sally

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Oh look there she goes again, I'm gettin bored of this now!!

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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