Mercantile Hearing, Leeds, 26th April 2007

[donbracho]

hey there everyone have drafted a letter (well nabbed a template !) to capital one accepting their offer but am after costs too so do i hand in my CMI sheet and adda bit about costs in the letter to C one too ?

[donbracho]

does anyone have a copy of the updated case list they could pm me ? my partner is stillwaiting for her new claim number my list only goes upto 55 claims

[donbracho]

have nabbed this too from mindazai an lucids post and adapted what do you reckon ?

Total Costs Incurred in Pursuing the Claims

 

1. Schedule of letters written and posted since filing each claim

 

3 letters have been written in total since filing the claim – all in relation to the claims. Each letter has been accounted for and was sent via Royal Mail Special Delivery.

The Claimants request a repayment of £4.10 per letter to recover postage costs, £1 per letter stationary costs and travel to the Post Office.

 

List date who to and ref number……

TOTAL: £15.30

 

2. Document bundles/Paper and printing costs

 

The Claimants used his own multifunction printer at home for all printing and photocopying and feel that a reasonable cost to cover the toner and running of the printer would be 1p per sheet of paper printed.

 

The Claimants prepared two document bundles for the claim to Leeds County Court on 05/03/2007.

-paper cost of £20 (1 box of 5 reams)

- printer ink cost of £10

The paper used was purchased from PC World and is ‘PC Line A4 80gsm Multifunction Paper (333686)’ and approximately 4 reams have been used in total.

Each ream costs £3.99.

TOTAL: £30

 

 

 

4. Preparation time

The Claimant estimates that he has spent a minimum of 20 hours in preparing letters, spreadsheets, document bundles, case notes and research.

He respectfully requests an award of £9.25 per hour for time spent.

TOTAL: £185

 

5. Loss of earnings

 

The Claimants had to take leave from work for two days in order to prepare for and attend the hearing.

We respectfully request that the Court consider awarding the loss of earnings in the sum of £50 for Mr xxxxxx, or such amount as it sees fit, as per the Civil Procedure Rules 27.14(2)(e).

 

- Mr xxxxxx earns approximately £50 per 7.5 hour workday after deducting income tax and national insurance.

 

TOTAL: £50

 

__________________

TOTAL COSTS INCURRED:

280.30

[caro]

Have you already had to do a bundle? I didn't think it would be needed at this stage, or is this just a template you were going to use. You should be able to prove what you are asking for, but this kind of format is fine, and remember to include your receipts.

 

This is merely a directions hearing so I don't think you will be able to justify that much preparation time and 2 days off work.

[stan5131]

Hi folks. Just to let you know that my son Ben was on the list (HSBC) and received full settlement this morning.

[Calculator]

Stan,

 

Nice to hear about the settlement. I'm sure there will be a lot more activity in the next few days before the hearing.

[donbracho]

hey all i have just been on the phone to the chancery dept of leeds court the lady said they are working over this weekend to try and get thru the claims !!

they have decided on a 2 week cut off point so as to avoid any last few days crisis claimants may have so anyone who doesnt hear from them this week with a new claim number will have to wait till June whenthe next lot are scheduled

She also mentioned the case that barrister is taking natwest on said hopefully might set a precedent they can refer to.

[caro]

Very interesting. It would be good if he did set a precedent but I fear he may have a way to go yet. The case was adjourned.

[kippy2]

Very interesting. It would be good if he did set a precedent but I fear he may have a way to go yet. The case was adjourned.

 

his case was due to be heard in county court so precedent cannot be set. only in high court

[caro]

As I understand it what he's asking is for the judge to consider if his case has merit and to then boost it up to a higher court, where it obviously would.

[kippy2]

As I understand it what he's asking is for the judge to consider if his case has merit and to then boost it up to a higher court, where it obviously would.

oh right missed that bit. doesnt say on his website or on the media.

[caro]

Didn't realise he had a website, although I suppose I should have. To be honest one of the other mods told me that and I'm not entirely sure where it came from.

[Calculator]

Any claimants reading this who in the last few days have received their notification for the Leeds hearing on the 26 April, can you give an update as to the total number of cases listed for the hearing and the number shown as 'settled'.

[Calculator]

My relative received offer of full settlement from the bank today, so that is one off the list for next week. I understand 77 cases are listed and no more to be added for the 26th April. Next Leeds hearing probably June.

 

If anybody goes to the hearing on 26th, will they please let us know what happens on this thread.

[barnett]

Hi Calculator, Which Bank was it that settled with your relative? My case is to be heard on 26th and no settlement yet, so if I go will let you know the details.

[Calculator]

Thanks 'barnett'.

I'm 'sworn to secrecy' as to which bank, but having looked at the listings I can say that it is not the one that you are up against. I'm a third party in all of this, just trying to help my relative and anyone else who visits this site and ensure that justice is done.

I hope you get a settlement before the hearing.

[donbracho]

hello everyone just received another letter from capital ones legal team

Dear Mr

Court Claim number: xxxxx

Claimant: xxxxxxx

Defendant: Capital One Bank (Europe) plc

Please find enclosed a copy Case Management Information Sheet which has been sent to Leeds County Court today in relation to your claim.

We have attempted to contact you by telephone on the number you provided when you opened your account with us however, this number does not appear to work.

We are hoping to settle the matter with you and are prepared to remove the default from your credit file, which combined with the xxxxx already refunded to you, would be in full and final settlement of the matter.

I would be grateful if you would please contact me on the telephone number below, as soon as you receive this letter, to discuss the matter with me and inform me as to your proposals regarding acceptance of the above settlement.

Yours sincerely

Carolyn Parsons

Litigation Paralegal

For and on behalf of Capital One Bank (Europe)

funny thing is i have already written to the court manager saying the case has been settled and as i desperatley needed the money (am moving home) was prepared to give up on the default removal for now, as in their settlement letter said couldnt remove the default so things have turned out rather well !

oh and for anyone else taking these $$$$ on in the cmi sheet it mentions default fees and if they say they cant remove the defalut they are just tyreing it on

[donbracho]

oh i forgot to say do you think i should try for costs when i give them a call tomoro ?!

[caro]

If you have settled, you can't go back and ask for costs, and Calculator, I hope your silence cost the bank extra. I'd hazard a guess at Lloyds imposing conditions, which you don't have to accept, although if you already have theres not a lot you can do, or them come to that.

[caro]

Donbrancho, I've just noticed what you've said about default removal. If you haven't actually done the deed and settled, I'd advise you don't settle without the default removal, as it will be hard to get removed anyway, but nigh on impossible if you have accepted the charges.

[half ax I]

donbracho

 

I think I would bite their hand off and accept their offer including the default removal and ask that they fax me to that effect. I wouldn't let on that you have informed court of settlement. The court will probably tell them that all in good time. Worth a punt me thinks.

[donbracho]

hello all thanks for the advice just got off the phone with the legal person at c one she said having looked deeply into the case she will remove the default as if the fees hadnt been imposed there would be no default to speak of ! said i would fax a letter to court informing them i had settled if they would put it in writing to me also

[caro]

Wow donbracho, that is an excellent result. Defaults are notoriously difficult to remove so they must really want to avoid court.

[donbracho]

yeah have read tanzarellis post and others about default removal and capital one,so was s suprised when she said that as i was about to mention it myself !

[half ax I]

Nice One donbracho.