thesergeant v Crapitol 1***WON***

[TANZARELLI]

Hope its Bailifs are you anywher near Worcester as would like to pop over to watch that, make sure you video it and post it on here, a nice close up of the Bank Managers face would be the sight I want to see. lol

 

Hope you get to make them squirm.

 

Tanz

[AppleCrumble]

I get the distinct impression the judges are fed up with all the stalling and messing around from banks. I wonder if there is a judge's forum/chat room like these? I would love to be a fly on the wall in there!

 

I've also sought judgement as they haven't acknowledged or defended or anything, hope my court acts the same as yours!

[thesergeant]

Got a template letter from Graham Daley, Executive office today. Must be a template as it had the Court as Northampton instead of Chelmsford.

 

Yes I WON :)

 

"After looking in to this, I can see that we did not send our acknowledgment of service correctly and the amendment was not received in time. This meant that you were able to apply for judgment and our defence was inadmissible."

 

They have now paid up £373.07. My claim with "contractual interest" is paid in full.

 

However Executive Office of Crap1 you have not paid the daily rate of interest, that's an additional £17.53p that you owe me. Letter is on route to them :- :D:D Salt, wound, salt, wound - can you feel it Crap1

 

>>>>>>>>>>>>>.

Dear Graham Daley Executive Office,

 

I note your response of 10th April 2007 and the proposed payment of £373.07.

 

I am willing to accept this partial payment against my claim based upon judgment against you issued by Chelmsford County Court.

 

 

In my letter of 2nd April I set out the terms for settlement in full. As a gesture of goodwill, I had suspended the daily rate of interest. The payment required to settle my claim was £391.60. I had previously offered you a similar opportunity which you had ignored in my letter of 17th March. Your current offer is not acceptable as full settlement. The judgment notice sets out that a debt which attracts contractual interest or statutory interest for late payment entitles the claimant to further interest. My claim includes contractual interest…

I have notified the Court that you have paid a further amount in partial settlement, which I have accepted on this basis. I have also notified the Court that the claim is not settled.

I know that you wish to avoid the prospect of me taking further action to facilitate the settlement of my claim (and the resultant further costs against you). I wish to offer you another opportunity to settle this matter in full, therefore the remaining payment I require is £17.53p. As a gesture of goodwill, I am yet again willing to ignore further application of the daily rate of interest.

However failure to comply with this request will result in my request for further action to secure the outstanding balance.

 

>>>>>>>>>>>>>>>>>>>>>>

 

[thesergeant]

Survey done, contribution made - thanks for all the support .....

[AppleCrumble]

Congratulations!!!

hope they pay up very soon

[doo]

Nice one sergeant, hope mine follows soon..........congrats.

[AppleCrumble]

hi Sergeant

hope you don't mind me asking but have you any contact details/email etc for Graham Daley? As he seems to be responsible for paying up - I've just been given judgement against capital one but so far they haven't made any contact to me at all and I want to hassle them for my £ if I don't here from them 'toot sweet' :D

thanks if you do

[thesergeant]

Apple,

 

Nope they don't put any contact details on their letters. I wonder if Graham Daley exists ??

 

You'll need to hold tight. Crap1 will receive the judgment order. Of course if they do not reply after 14 days you could consider bailiffs etc.

 

If your claim follows mine you will get a similar reply as mine and the promise of a cheque ..................

 

Regards :D:D

[AppleCrumble]

of course he exists. he's Arfur's bruvver. Friend of RUddy :D

[TANZARELLI]

CONGRATULATIONS

[thesergeant]

YES I WON AGAIN :o

 

All my final bullying of Crap1 worked.

 

They have paid up the daily rate of interest £17.53 as requested, the matter is now settled fully.

 

Poor old Crap1, I'm sure they didn't like to paying up

 

Just to make sure they understand why we are all so unhappy with their treatment of us, I've sent this off .................... :D

 

Regulatory Section

Consumer Credit Licensing

Room 1C/5

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX

Fax 0207 211 8429

 

 

Failure to comply with direction 5 April 2006

 

 

 

Dear Sir/Madam,

 

I wish to inform you that I do not consider Capital One (Europe) plc to be a “fit and proper person”, therefore this organisation should not hold a consumer credit licence.

Since June 2006 I have requested Capital One (Europe) plc repay excessive and unlawful bank charges, which they had taken from my account. They refused to do so, stating that the charges were a true reflection of there costs incurred regarding my administering of my account. The charges were for the sending of a computer generated letter notifying me of an overlimit or a late payment. By way of the service of a subject access request I discovered that no manual intervention took place on my account.

It is apparent that Capital One are purporting that the charges levied on its customer accounts are lawful and a true reflection of the costs incurred. This is not the case, Capital One (Europe) plc are merely profiteering at its customers expense. The charges levied are far in excess of any cost incurred by them; a fact that they are well aware of. Despite much press coverage and numerous claims against them, Capital One (Europe) plc continue to levy such charges.

I would contend that the actions of Capital One (Europe) plc could be considered a criminal offence under the Fraud Act 2006.

I ask that you investigate this matter and consider revoking the consumer credit licence of this organisation.

Yours faithfully,

 

[doo]

Good to know your claim has been settled in full. They are at the moment refusing to pay my contractual, would you be able to pm me your court no. and court you used, (ignore this request if it will be in the litigation concluded part of the forum) as I am trying to compile a list of paid contractual claims. Also good on you for sending in the above letter, everyone on here has been pushed through the court system by cap one so they deserve a bit of hassle.

[ukaviator]

Well done... congratulations. .

 

Uk

[livelylad]

congratulations

please complete our survey.

Donation?

[doo]

Thanks for court info, keeping fingers crossed and am standing firm.

[TANZARELLI]

Nice letter.

 

Tanz

[Hootie19]

thesargeant - I salute you.

 

Remind me to NEVER get on the wrong side of you

 

I was gasping then giggling at every post you made on this thread. I am in complete awe of you, and the others, who have the savvy and the confidence to go through with this kind of fight.

 

I have been too scared to even go ahead with the MCOL thing, although all the letters have been exchanged between me and Mr Udy, and the forms have been filled out online ready to go. What a wuss!!

 

Because I freely admit that most of what I read went "whoooooooooosh" right over my head, could I impose on you, or anyone else who can answer, to explain in really little words, what the contractual interest thing is, as opposed to the 6% thing that I've applied to my schedule?

 

I have all the statements etc I need (had them without having to ask Cap1 to provide them), but don't know if I'm eligible for this contractual interest rather than the "normal" stuff.

 

TIA

 

And a huuuuuuuuuuuuuuge well done to thesergeant for his persistance. That last letter saying that Cap1 were unfit to hold a consumer credit license was just genious!

[thesergeant]

Hey I haven't thought about Crap1 for a few days now .......................

 

Is there anything else I could try to squeeze that little extra out of them ..... Letter sent - don't know if I'll get it past the judge, but you have to try don't you an extra £286 (costs + 10hrs time) would be nice .. :):-D

>>>>>>>>>>>>>>>>>>>>>>

I wish to inform the court that the claim as detailed above, in which I am the Claimant, has now been settled. The Defendant paid the full amount claimed, namely £1554.65 + daily rate of interest.

 

As such, no further action is necessary in respect of this claim.

 

However, I believe that the Defendant has behaved unreasonably in their approach in attempting to defend this claim. Not least because I believe the Defendant had no intention of ever defending this claim at a hearing.

 

I also enclose a list of all cases of which I am aware in which Capital One Bank (Europe) plc was the Defendant. Every one of these cases was settled in full before a hearing despite a defence or an attempt to enter a defence being made by the Defendant.

 

Further, in relation to my claim, the Defendant failed to acknowledge the claim correctly, then despite the court writing to them, attempted to acknowledge with notification of an intent to defend out of time. Again this is typical of the Defendant’s approach in other cases of which I am aware.

 

The Defendant’s unreasonable approach in attempting to defend a claim it always intended to settle has directly incurred myself unnecessary costs as outlined in the attached list of costs, and therefore I respectfully request that the Court consider awarding these costs, or such costs as it deems appropriate, as outlined in the Civil Procedure Rules 27.14(2)(g):

 

(2) The court may not order a party to pay a sum to another party in respect of that other party's costs, fees and expenses, including those relating to an appeal, except –(g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably.

 

Please accept my sincere apologies for the waste of the courts valuable time spent processing and managing this claim. I do wish to inform the court however, that the decision to enter into this litigation was not taken lightly, and that ample opportunity was given to the Defendant to resolve this matter by way of negotiation before proceeding with this claim. Regretfully, all attempts at meaningful dialogue were either rebutted or ignored. A copy of this letter, with attachments, has been sent to the Defendant.

[c_allen]

how about printing this off, and sending it with the letter??

BBC NEWS | Business | Judge warns 'unreasonable' banks

[thesergeant]

Thanks, hadn't seen that one, its now in my court bundle ...........:)

[c_allen]

happy to help:D

[Guest wegaevca]

I hope you don't mind me asking this question here as you are also claiming money back from CapOne.

 

I made a claim against them on 19th April and they awknowledge the claim and said they will defend it. The court letter I got states the defendent (Capone) have 28 days to file a defence. 28 days is up this Thursday.

 

Not sure what I do next after Thursday.

 

Can anyone help?

[doo]

thesergeant, great letter, will be watching to see how you get on as Cap One are still giving me the runaround over paying contractual.

 

c_allen, great article.

[Paintball]

I hope you don't mind me asking this question here as you are also claiming money back from CapOne.

 

I made a claim against them on 19th April and they awknowledge the claim and said they will defend it. The court letter I got states the defendent (Capone) have 28 days to file a defence. 28 days is up this Thursday.

 

Not sure what I do next after Thursday.

 

Can anyone help?

 

My 28 days was up 12 May. I received a letter from them offering full settlement amount dated 8 May. Cheque received two days later - and banked!!

 

Not long now ...

[thesergeant]

I found Crap1 to be very forgetful re: daily rate of interest. Do not let them get away with it if they do not include it in your settlement.

 

All you have to do is tell them the matter is not settled and court action is continuing, they will pay it out. :)