Me vs Capital One

[Holdred]

Ok guys, need a bit of advice.

 

Capital One have written back saying they dispute the charges are unlawful but have arranged for a refund of the amount I am claiming. They say they will offset any existing debt (none) and a cheque issued to me within 21 days.

 

No mention of the default.

 

They say the refunds are being made as a gesture of goodwill and they will now defend the claim on the fact they have refunded the full amount.

 

They have written to the court to tell them they have paid in full.

 

What should my course of action be?

[steven4064]

If you are serious about getting the default removed and the default amount is largely (better, completely) made up of charges, then youshould writet to them and say you accept their offer as a partial settlement only and intend to carry on the claim as they have only partially met what youclaimed - ie they haven't removed teh default. Copy the letter to the court.

[Holdred]

If you are serious about getting the default removed and the default amount is largely (better, completely) made up of charges, then youshould writet to them and say you accept their offer as a partial settlement only and intend to carry on the claim as they have only partially met what youclaimed - ie they haven't removed teh default. Copy the letter to the court.

 

There'd be approximately £600 worth of charges compared to a balance of £150ish, so the balance of power sits with me on that.

 

Is there a template letter for this?

[Holdred]

How about this?

 

YOUR Street

Town

City

Postcode

 

 

Date

BANK NAME

Address

Address

Postcode

Re: Account number XXXXXXXX

 

Response to settlement offer.

 

Dear [named sender or Sirs]

 

Thank you for your letter dated xx/xx/xx. I respectfully decline your offer of Full and Final settlement.

 

You may not have been aware that I commenced legal action against you for the full amount plus interest, costs and the removal of the default regeristered against me on XX/XX/XX and I would ask that you now refer this matter to your legal department for further instruction.

 

I wish to stress that I do not accept your offer as Full and Final settlement and the money transfered to my account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly.

 

Alternatively, should you wish to settle my claim in full, then please forward the balance of the claim (£xxxx) by cheque and confirm the removal of the default from the credit reference agencies which you report to without further conditions and I will inform the court that the claim is settled.

 

 

I trust this clarifies my position.

 

 

Yours faithfully

 

 

Funhat

cc My Local Court

[steven4064]

Looks good

[Holdred]

Looks good

 

I went down to my local court to talk over a few things and the letter was fine to reject the offer. So far, C-One have still yet to file a correct acknowledgement and there wasn't anything in the file to say C-One have settled in full in their opinion.

 

The clerk was quite helpful and we talked about my reasons for not wanting to jump for judgement by default straight away and they said if I leave it another week then I can prove that I have been more than reasonable should they still not have done everything correct and minimise their chance of making a sucessfull application to set aside any judgement.

[remus]

Funhat, congratulations so far, good luck with your default removal:)

[Holdred]

Funhat, congratulations so far, good luck with your default removal:)

 

Thanks Remus.

 

They have my response so it's their call now. We're playing by my rules, not theirs 8-)

[kibby]

Help needed.

 

Im just about to file my POC in the court. Firstly do i print off the whole POC, including Schedule 1 and then include my spreadsheet of charges?? Im from Northern Ireland so am wondering how they could fight this in court when they are in England and im here. Does this mean its easier for me to get the money back??

[Holdred]

Ok guys, need a bit of advice.

 

I've heard nothing from CapOne since I sent them my refusal of offer. Just spoken to the court and they had to have a defence filed by 5th March which they haven't done.

 

I want to go in to have their defence struck out completely, what letter should I send to the courts?

[steven4064]

You can't have their defence struck out if they haven't filed one. I think in these circumstances you can ask for judgement under CPR Part 12.1 and 12.3

12.1 In these Rules, ‘default judgment’ means judgment without trial where a defendant –

(a) has failed to file an acknowledgment of service; or

(b) has failed to file a defence.

 

12.3

(1) The claimant may obtain judgment in default of an acknowledgment of service only if –

(a) the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and

(b) he relevant time for doing so has expired.

(2) Judgment in default of defence may be obtained only –

(a) where an acknowlegement of service has been filed but a defence has not been filed;

(b) in a counterclaim made under rule 20.4, where a defence has not been filed,

and, in either case, the relevant time limit for doing so has expired.

[Holdred]

That looks like what I'll do, they've had enough time since the date they were meant to have filed it until now so I'm confident that if awarded, it would be difficult for them to convince a judge to have it set aside.

[Holdred]

Right guys, both good, good and bad news.

 

Firstly, I applied for Judgement by Default because they hadn't filed a defence. I filled the form in and made a mistake by bundling my court fees in with the debt claimed, then added them again on the solicitors cost giving me an inflated figure by £65.

 

This has been awarded by the judge and I have my judgement by default on the 9th April.

 

Dated 11th April is a cheque for the original claim, ie the full one, which I have today, however I have judgement by default for more.

 

What should I do?

[Holdred]

Bump

[ukaviator]

I would contact Capital One to make sure they are aware of the issue, and also let the court know of the mistake.

[Holdred]

Contacting Capital One is going nowhere, no one knows who I should speak too.

 

The courts have said that they can set the judgement aside and issue it correctly, but I can bank the cheque and then write to them to let them know that I have accepted full and final settlement.

 

I really do want to talk to someone in Capital One to keep them updated but it's so frustrating

[WendyB]

try emailing. [email protected]

[WendyB]

there should not be a space between capital and one, don't know why its come out like that.

[Holdred]

This topic was closed on 10 March 2019.

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