KM_S v Capital One ***WON***

[doo]

Good news KM_S - let's hope this gets them moving on the money front - keep us informed

[enoughisenough]

FANTASTIC. A WHOLE NEW STREAM OF REVENUE FOR BAILLIFS! Instead of knocking on domestic doors they can now knock on corporate ones. EXCELLENT!

[KM_S]

Hey ho

A letter from Cap One

here goes

 

24 July 2007

Account Number xxxx-xxxx-xxxx-xxxx

Claim Number 7BV00708

 

Dear KM_S

 

Further to your letter of 14 July 2007, I have looked into the matter of the refunds and it does appear there has been an error and the money has not yet been placed into your account. I have today personnally arranged that, as stated in my letter of 29 June 2007, we have credited £769.53 to your account in order to bring it up to date and arranged to send you a cheque for £1962.30 which you should receive within 14 working days. I apologise for the delay in these refunds.

 

In relation to the fact that we did not receive your claim, it is accepted that you wrote to us on the 5th June 2007, however this letter was not received by our Legal department. It would appear that this letter went to our complaints department and was incorrectly worked by a menber of that team. We acknowledge every claim we receive and it would be of no benefit to us if we did not. As we receive numerous claims each day it is entirely possible that yours was not received due to a fault with the postal system.

 

I do hope that the refunds as detailed above and in my last letter are satisfactory and that you will now contact the court and inform them that the claim has been settled.

Yours sincerely

Graham daley

etc etc

 

Well what aturn up, there is only a couple of snags with this letter, first that have not mentioned about the bailiffs fees, second they are responsible for their staff, third missing papers in post hummmmm maybe its their postal system and they are responsible for credit!!!, what about the extra interest they have charged me and finally what about the extra interest I have lost out on.

I shall write to them informing them of these facts and informing them that I shall not be informing the court the claim is settled until all moneys are cleared into our account.

I have checked our account, they have paid the £769.53 to the account and so I will have to let the court know about that.

 

Any folks comments please........

[KM_S]

This is my proposed response

 

Claim number 7BV00708

Dear Mr Daley

In reply to your letter dated 24 July 2007, I am afraid I have to inform you that due to your delay in replying to my letter, a warrant of execution (V0000303) was issued on the 23/07/2007, this warrant will be executed in the Nottingham County Court.

As you were aware I wrote on the 14th July informing you what action I would take if the refunds were not immediately forthcoming. I have given you ample opportunity to settle this claim, even extending timescales, the fact you claim that you did not receive the claim from the court and to claim it is possible it was not received due to a fault with the postal system seems a lame excuse and one I am sure you would not accept from your customers.

It strikes me that some of your staff have not acted in the correct manner, I presume you have procedures laid down to deal with complaints therefore perhaps you can explain to me why the person who was working on my letter dated 5th June did not respond to me. I believe that Capital One is responsible for the actions of its employees, therefore Capital One is responsible for not responding to the court.

As I have said I have asked for a warrant of execution which has been issued, I will of course inform the court you have made a part payment of £769.53 but I cannot tell the court the claim has been settled as there is still moneys outstanding.

Furthermore there is a fee of £55 for the warrant of execution, extra interest on my account, interest due to you not paying when you said you would.

Yours sincerely

KM_S

[doo]

Great to hear you got that letter and quite rightly you should ask for the £55 and also your interest up to the date of payment, I did with my O/H's claim and got another cheque sent out from them no problem. I would perhaps work out when you should receive their cheque and work out the daily rate they owe up up to that date to make sure you get the full amount, Cap One seem to be a bit forgetful. Well done.

[KM_S]

Thanks doo but as the warrent has been granted the bailiffs could call on them any time. That could mean I might get full cci which would be an extra 2k.

Is my proposed reply to them ok, I dont want to tell the court it is settled until there cheque clears.

 

KM_S

[sowerby17]

Good Luck hope you get every last penny as they have messed you about something shocking!

[ukaviator]

Hi Km_s

 

The baliffs would ask for the total of your claim, that would include the CCI as well. Capital One need to know this. There is a postal strike over the next 2 weeks affecting different areas of the post. Maybe worth a quick call to them aking for your cheque to be deliverd by a courier. If this is'nt acceptable to them, explain that a local TV crew will accompany the baliffs when they visit. A call to your local station will get some interest.

 

Uk

[sowerby17]

HI i got my cheque this morning i sent an email to [email protected] she is quite friendly and i always put kind regards and then my name at the end of each email it seems to have paid off.

[jubaxt]

ooohhh well done sowerby-i might try e-mailing her too.was going to file my n1 with lloyds today but am going to wait a couple of days to see what the oft case brings!!!!!!!

[jubaxt]

how long does it generally take for victoria to reply??-oh and happy spending.xx-how much was it again??

[dpick]

ooohhh well done sowerby-i might try e-mailing her too.was going to file my n1 with lloyds today but am going to wait a couple of days to see what the oft case brings!!!!!!!

 

Hi jubaxt get the N1 in the least it will do is establish your case in court for 8% stat interest.

 

all the best dpick:mad:

[doo]

Hi KM_S - quite a while ago someone on cap one forum managed to get payment into their account by BACS - maybe you could e-mail the address that Sowerby has left above in post 134.

[KM_S]

Good Idea doo, I have emailed them so will have to wait for reply. Wonder if I will get CCI now as bailiffs will ask for the full amount.

 

KM_S

[doo]

Hope so, keeping my fingers crossed for you

[KM_S]

Can a super duper helper contact me, Cap 1 have asked for a set aside dont know what I have to do.

 

KM_S

[sowerby17]

set aside for what to keep the bailiffs from going in? Well hopefully you will get your money soon have you got it today in the post? Can you check your account? Hold out for the cci make them pay it you have already got the bailiffs in place they must be bricking it by now hence the set aside.I would not worry think you will just get your pennies.

[KM_S]

Cheque arrived sat £1962.30 so as soon as it clears I will inform the court what they have paid, from what I understand I can object to the set aside and its then up to the judge. Should I advise cap one what I am doing?

[sowerby17]

If that is the whole amount then i think you would tell the court that they have paid up. bet you were thrilled when you got it.

[KM_S]

The total they have paid is the amount plus stat interest, my original claim was for cci. When the cheque has cleared I will inform the court what has been paid. I have had to pay another £55 for the warrent of execution due to their delay in paying so they can cough up with that as well.

[doo]

Good to see you got your first lot of money, hopefully the rest will follow soon

[KM_S]

Letter from court this morning, Notice of hearing of application, it is cap ones application for a set aside, the reason they give is that they feel they have a real prospect of successfully defending the claim.

They say they never received the original claim, I wrote to them on the 5th June informing them they had not responded to the court and I would give them a further 7 days to respond. They still didnt respond so I asked for judgement which was granted. They wrote on 29th June saying they would pay fees, costs plus 8% stat interest and we would receive cheque within 14 working days and they had paid some into our account. This wasnt done. Wrote again 14th July saying nothing received, and if it wasnt by 19th would ask for warrent of execution which we did. Not sure if cheque going to clear or if they will cancel it.

My question is do they have a good chance of getting a set aside?

 

KM_S

[ukaviator]

I don't think so. . you have it in writing that they were supposed to be paying you. Also if they use the OFT test case as an excuse, Credit Card charges are not included in this action. I would inform them that if they do not settle this quickly, that you will put in a wasted costs order against them.

[KM_S]

Thanks Uk, we banked their cheque on Monday so it should clear by tomorrow at the latest, my only concern was that IF they manage to get a set aside they are going to fight to get it thrown out , would we have to pay back money in that case.

Still it looks like its up to the judge on the 21st. it might help if I knew how many times they have paid CCI and how many cases they have said they will defend then paid out before case as I think that could sway the judge in our favour.

[KM_S]

Another letter in the post today from Cap 1, it is a copy of their terms and conditions which they say they have filed with the court. I requested a copy of the conditions which I had signed, there is no sign of my signature on them!!!!!.