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KM_S v Capital One ***WON***


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Can someone give me some advice please.

I have written, phoned and done just about everything I can but I just cant seem to get any joy from Cap 1. The judgment was founfd against them (in default), they still claim they did not know anything about the claim despite me writing to them advising them they had not responded to the court. I sent them the letter in my previous post which I checked was delivered. The money they say they have credited to my account is still not there, do I know ask for execution of warrent?.

 

KM_S

 

hi dpick again I think you have given them enough rope it would appear that no one has authority to pay you as according to them they have not agreed to pay you unless you submit to their terms go for execution of warrant and don't forget add any expenses you have to do that.

 

dpick bailiffs for them:) :) :)

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Right, thought about it last night, will check if money is in account after 9 this morning, if its not going to the court to start proceedings for execution of judgment. They cannot claim they did not know about the claim as I have a proof of delivery for the letter I sent them advising them they had not responded. Dont know what will happen to this but knowing my luck they will manage to get the claim set aside and then struck out.

 

KM_S

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Hi Km_s

 

How is it going?.. Just read your PM

 

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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Hello Doo.. :)

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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Had a full blown argument with call centre yesterday asking why £769.53 has not been credited to my account when they said oin their letter dated 29th June they had credited it. Ended up going round in circles with the manager of the call centre who refused to put me through to the legal dept. I told them that as they had not paid me I would ask the court for a warrent of execution and would be quite happy to notify the national press that the bailiffs would call. Didnt achieve much but made me feel a damm sight better :) . Anyway contacted the court this morning and obtained the Intro to Enforcement Self Help pack, however the court did inform me that it is hard to get a warrent of execution against a bank (bearing in mind that the court staff are not legally trained). Latest just downloaded form, will check account after 9 tomorrow, if money not there going to file it.

Wish me luck everyone

KM_S

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Hi there did the manager not say why it was not there?

Nope in fact he was about as much use as a chocolate fireguard. We have checked regularly and they have not made any credits to the account. Come to think of it there has been little or no communication from them. In the letter that they sent saying they would not pay CCI they said they were sending a cheque that we should receive within 14 working days, well given them enough time so as I said going to file lunchtime.

Its gort to the stage where I want them to have to appear in court even if I lose the publicity they would get would cost them dearly.

 

KM_S

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i totally understand but all the same it is stressfull.Give them one last call and ask them what day they sent the cheque or what date they will be tranferring money and then if they cannot give you an answer ask why not and record the conversation if you can it should all help.

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Tried to talk to them but just getting the run around, no one seems to be able to give me the answers so in the end I have filed the documents. The call centre say the last pdf file they have is the one from April---- what planet are these people on. Getting more and more stressed every time I talk to them.

 

KM_S

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Oh goody, just checked my home phone calls yesterday, guess what

 

08004220293 12:48

08004220293 12:59

08005610415 15:53

08004220295 17:44

08004220295 17:54

08004220295 20:37

08004220295 20:48

All from Cap 1, they do so want to talk to me now. Funny all these were after I told them I was filing papers at court. They didnt want to know until then. Oh well its done now

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What an excellent thread.

Am watching this avidly as I am just starting my claim against Capital One for charges plus CI.

You have given Capital One so much leeway and benefit of doubt.

No is the time to stay strong and go for the jugular.

 

You deserve the full amount of your claim and after it is settled you should put in a very sizeable claim for costs as well for all the distress and aggravation they have caused you and your wife.

 

Good luck

 

Kepp us posted

 

Rgds Ringmaster

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Hi KM S, I see they are keeping you busy - I have had a bit of catching up to do on your thread as I have not received any e-mail notifications since my last post. Good to see you are not letting them off the hook, I will be watching :D .

 

Hi UK ;)

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Hi Doo. . :)

 

Hi Km_s

 

I would just stay in touch via letter in the future. You get the run around, and you get stressed for the rest of the day.

 

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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can someone explain how to go for CI against Crap One?

Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

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Hi

 

If you start your own thread under Capital One , we will guide you through the process.

 

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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I have! it's called enoughisenough vs capital one! but on that thread I've not received more than a couple of responses to anything. Itis been almost like a diary. Thanks aviator, for you suggestion though. I thought I was being relevant to the posts on this thread since almost everyone was posting about CCI.

Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

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had a phone call from cap one saturday informing me i was over limit, I explained that I had a letter from them saying they had paid over £700 into my account therefore how could I be over limit. I think the guy on the phone was a bit taken aback, he said they didnt have a record of that letter (choosy what they put on system arent they). Anyway didnt get into slanging match with him just explained that Cap one owe me £4,700 and I would pay when they did, he said he did understand and would update their system.

Lets hope the court doesnt take too long to get the bailiffs in.

 

KM_S

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We have been seeing a lot of this sort of thing in other bank threads. There seems to be no communication between the Litigation Dept and the Lending teams, which results in hassle phone calls and defaults.

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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i think lenders should be penalised by the courts.they should not be allowed to issue settlement letters then not settle.

 

if the boot was on the other foot...............

 

well thats why we're on here..because we failed to adhere to contracts and promises ansd ended up being punished-why cant the courts do something more

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

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They may do in the future. The Yorkshire bank case may well sort this out once and for all..

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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Had a letter from the court today:-

A warrent has been on 23/07/2007

 

Case No: 7BV00708 WT No: V0000303 WT Type: Execution Defendant: Capital One (Europe) PLC Blf Area Court :Nottingham

 

 

Oh how id love to see the Bailiffs go in.

 

KM_S

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Had a letter from the court today:-

A warrent has been on 23/07/2007

 

Case No: 7BV00708 WT No: V0000303 WT Type: Execution Defendant: Capital One (Europe) PLC Blf Area Court :Nottingham

 

 

Oh how id love to see the Bailiffs go in.

 

KM_S

 

Hi let the mods know they would love to have press coverage if Bailiffs do actually go into Crap1

 

dpick:D :D :D :D

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It means that the Bailiffs have a warrent to go in, not sure when they will. I believe they write to them first telling them to pay if they dont then they can sieze goods.

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