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    • I received the first signs of life from Shell Energy's "legal counsel" regarding the 1st claim and default judgement awarded against them.   I have attached a redacted copy of the letter where they indicate they look forward to receiveing a letter of confirmation.   I am confident I know why they have sent this request and more importantly how they intend to use any response.   I have prepared two options.   1. Ignore their letter (This is probably the best option).   2. Reply succinctly.     Shell Energy - Warrant of Control Response - Redacted.pdf
    • I found an old defence I used and tweaked a bit. Unfortunately I think I messed up in not asking for a statement in my cpr, while it wasnt referred to in the poc it does have the amount. There were no paragraphs and it looks like it was done on a phone or even an excel import??. I dont know if not requesting the cpr means I cant ask for proof of how they got the amount?   Is that enough about the lack of account details?, I mean my cabot ref is at the top of the page but 100% no aqua account number on here. That would surely come under having to prove    Please feel free to tweak etc. Wasnt sure how to word the s78 stuff as I didnt want to lie with it being not in default till weds.     Photo of poc is shown above to show how lacking it is in format in particular        Defence:   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2.     It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement and have sought verification from the claimant.   3.     No account details are given in the particulars of claim linking the claim to the defendant.   4.     It is denied or I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua.   5.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement and; (b) show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfill my CPR 31:14 request.   7. On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • Hi Dixon,   If you don't mind, I'm ignoring the CCJ for the moment.   I'm more interested in what you last said to the police about their failure to investigate the fraud against you commited by FTR Ltd and O'Hara.   If you don't want to post it on-thread, send it to me by PM.
    • ok not to put too finer point on the 'silly' mistake ( as in terms of you are a 'litigant in person' - joe public against the 'system') you made on your claim, there are guides on the same website about raising a claim and how to do it properly, but IMHO there should also be LiP leeway regarding this.   did you seek or read any help, as getting the correct entity to sue is quite important, the example you relate too would not be an issue, but suing a corporate entity is, they have lots of money and clever legal eagles.   i have no doubt that, by whatever way, should you rectify this error , you would be successful mind.   on another issue, have you written to apple uk retail offering to mutually settle this if they pay the price of the device or replace it and call it quits?   i will guess this is all you really wanted at the start and now at the end of the day.?   would you seriously lose out money wise if this were agreed?        
    • Parag Agrawal, Twitter's new CEO, is the latest of several Indian-Americans leading global tech firms.View the full article
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voyager9 vs capital one ** Partial Win **


voyager9
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phew hope so i have done no preparing at all yet

 

my fault i know but i had other things going on.

 

am still preparing bundle anyway but just wont print untill i know.

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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right had decision on application to ammend poc.

 

order says:

 

ex parte

it is ordered that

 

permission to amend claim form as asked with and re-service dispensed with

 

the hearing listed on 17th june

 

STILL REMAINS LISTED

 

so i take it new poc hasnt been served on defendant except if they have been sent a copy of this order? (it says at bottom of order application enclosed for parties) and what will the consequencies of this?

 

right still need to get bundle ready for 3rd june and am struggling with witness statement.

 

do i need to put specific arguments in ie sempra or do i just put the facts about coressponce etc since all this started?

 

is there a template for a cap 1 witness statement?

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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I think it would be politic to ask them if they were sent a copy and send one 'for information' if not.

 

There is no specific Cap1 witness statement but there is a general bank one that would form a basis http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-3.html#post482194 (it's called a statement of evidence here but it is effectively the samer thing)

 

Yes you should include something in it on Sempra - I suggest someting like

The Claimant submits that the Defendant would be unjustly enriched if the Claimant’s entitlement was limited to the statutory rate of simple interest. The Defendant, a powerful financial institution, has had use of the sums wrongfully and unlawfully gained by way the Charges levied to the Claimants account, over a period of several years.

 

The fundamental core of the Defendant’s business is to acquire funds and profit from those funds in the form of interest by lending at commercial compounded interest rates. Therefore, it is the Claimant’s submission that the sums wrongfully and unlawfully acquired from the Claimant by way of the Charges would over the considerable time they have been in the Defendant’s wrongful possession have earned considerable profit by virtue of commercial rates of compounded interest charged by the Defendant.

 

Lord Nichols of Birkenhead in Sempra Metals Limited (formerly Metallgesellschaft Limited) (Respondents) v. Her Majesty's Commissioners of Inland Revenue and another (Appellants), House of Lords [2007] UKHL 34 (paras 112-113) said

 

“If the House takes this opportunity I venture to repeat there can only be one answer on this important question of law. Nobody has suggested a good reason why, in a case like the present, an award of compound interest should be denied to a claimant. An award of compound interest is necessary to achieve full restitution and, hence, a just result. I would hold that, in the exercise of its common law restitutionary jurisdiction, the court has power to make such an award. I agree with the thrust of Mummery LJ's observations on this point in NEC Semi-Conductors Ltd v Inland Revenue Commissioners [2006] STC 606, 642-643, paras 172-175. To that extent I would depart from the decision on the Westdeutsche appeal.

“If this approach is adopted the unfortunate decision in the London, Chatham and Dover Railway case will be effectually buried in relation to the payment of interest for non-payment of a debt and in relation to the payment of interest for having the use of money in personal restitution cases. The law will achieve a principled measure of consistency between contractual obligations and restitutionary obligations. The common law in Australia has developed in this way. The common law in England should do likewise.”

 

(The judgement in the Westdeutsche appeal agreed in principle with the above but limited the award of compound interest to cases of fraud or breach of fiduciary duty)

 

Therefore for complete restitution to occur the Claimant seeks an award of compound interest at the Defendant’s unauthorised borrowing rate of XX% per annum. The Claimant submits that it is unconscionable that the Defendant may be allowed to profit in any way from unlawful, wrongful and unauthorised use of the Claimants funds, and that compound interest at the rate claimed is necessary to provide an equitable remedy.

Edited by steven4064
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Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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thanks for that steven,

 

i will do that, does anyone have a phone no for legal services i cant read the one they have put on acknowledgement?

 

steven what are the chances they will settle before court, has it been known to happen?

 

thanks voyager

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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steven what are the chances they will settle before court, has it been known to happen?
It's never been known not to happen (AFAIK) ;)

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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right steven, thanks

 

have just contacted the court and was told they have sent a copy to the defendant ,so i think i will leave just fax a copy as well just to be on safe side.:D

 

lets hope they will settle now lol.

 

i am on holiday 7th till 14th hearing on 17th so i hope if they do its before i go away so i can notify the court.:rolleyes:

 

voyager

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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Even if they do settle before you go away, don't discontinue the claim till they have paid in full and the money is cleared in your bank. They have a nasty habit of telling the court they've settled, before they have actually paid you. Remember it is up to you to discontinue the claim, not them. Its your claim, not theirs.

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hi wendyb

 

dont worry wont discontinue untill i have hard cash lol

 

i just have a niggling feeling they wont settle and will turn up at hearing, it will be just my luck lol:(

 

they only have 3 weeks and 4 days untill hearing.

 

anyway have done bundle now just need to get some ink and paper today and print off, will deliver by hand to court monday and send to cap 1 special delivery.

 

thanks everyone for your help and wish me luck , i have a feeling i will b****y need it lol.:eek:

 

voyager9

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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well bundles delivered , but still not a peep from cap1 they have till tuesday to deliver their bundle.

 

2 weeks and 3 days till hearing wonder what they are playing at, the silence is deafening.

 

voyager9

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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Now the wait. Check your account online everyday if you are still able to. They normally pay out before you get the letter.

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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hi ukavaiator,

 

they cant credit the account as it has been closed for a long while, so am afraid it has to be a cheque. just hope it comes before i go away on 7th lol.

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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Oh i see, let's hope it does then . .

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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right, should have received bundle today, hearing in 14 days.

 

no bundle and no payment.

 

hae tried ring them but got no where apparantly they dont have any numbers for legal dept, what now have tried ringing no on acknowledgement but carolyn parsons no longer works their ,

 

voyager9

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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have just phoned court and they have just received a 22 page fax which is a response to my amended claim but court have not received bundle either, no doubt the 22 pages will include halliday v hbos .

 

i have seen a bundle non compliance letter somewhere but cant fing it can anyone point me in right direction?

 

looks like i will have my day in court.

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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thanks dolly, however the court and myself have just received the bundles by courier, looks like they are going to defend this, as i thought they are relying on halliday but on the basis that sempra doent apply because the default sums were charged TO the credit account, rather than debited from a credit ballance. oh and they have finally provided proof that the other charges were credited to the account(why they didnt send this months ago i dont know) ang have sent cheque for £10 sars request fee so it is just the interest now and looks like they gonna take it all the way

 

voyager

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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just received an amended defence from cap 1, they are contending that haliday v hbos is relevant and say they will produce legal argument as to why sempra metals doesnt apply and also say this is not a restitution claim.

 

so looks like they are def up for appearing and are going to fight it.

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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Share on other sites

  • 2 weeks later...

Hiya Voyager,

 

Have you received any more information from Cap One regarding their arguments against Sempra.

 

I have a claim runninmg through at the moment ( details of my claim are on another website ). I am claiming Compound Interest and using Sempra. I have a hearing on 18th June to hear my application to dismiss thier original defence. They have submitted a witness statement, attempting to get my application dismissed and also requested permission to submit a revised defence ( total idiots !!! ).

 

In their witness statement they made mention of producing possible arguments against Sempra so would appreciate knowing if they have provided you with any further details.

 

Budgie

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hi budgie , thanks for the pm.

been on holiday just got back , nothing in post, hearing it is.

 

thats the funny thing they hav`nt stated what these arguments are ,all it says is

17. the claimants claim for compounded contractual interest at par 20 of the poc are denied.the defendant denies that the claimant is entitled to seek compound interest on the default fees,which were incurred by the claimant when he breached the t&c`s of his credit agreement.the claimants t&c`s set out the interest applicable to his card.there is contained in the terms and conditions that entitle the claimant to claim compound rate of interest.this claim is not a restitution claim.further the claimant has not provided any evidence that the defendant has been unjustly enriched.

 

18. it is denied that the instant case should be distinguished from the case of halliday.this is a case where statutary interest is the correct interest to be used and which has already been refunded in full.

 

19. it is denied the defendant has been unjustly enriched and it is denied that this is a claim for restition or a claim where payment of compound interest is required to acheive full restitution.the claimant has not pleaded any loss suffered and is put to strict proof if he intends to claim such.statutary interest at 8% is the appropriate interest to compensate the claimant and has already been refunded.the defendant shall present legal arguments on the case of sempra metals v inland revenue at the hearing of this claim as this is not appropriate tp plead in the defence.

 

this is only an amended defence in responce to my amended poc which i applied to amend and was granted and further re-service dispensed with.

 

they neither have permission for this ammended defence or have even made an application for it, so i am tinking od first off asking the judge to dis-allow this defence as no application or order was made to amend the defence?

 

will let you know tommorow what happens

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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LOL, Voyager,

 

That's virtually identical to what they have put in the amended defence they have submitted to the Court in respect of my claim.

 

Am very interested to see how you get on tomorrow and wish you all the best. If you like I will PM you my mobile number in case you need someone to chat with during the day.

 

Regards Budgie

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If you have been given leave toamend the POC then I think they have an automatic right to amend their defence in response

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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case dismissed.

 

they are argueing because its charges based through a contract restitutution doesnt apply unless you can show that the payments were taken unlawfully( wasnt having oft stuff unfair doesnt mean unlawfull was what judge said) or was paid by a mistake in the legal context what ever that means, paying because you thought they were fair and reasonable etc does not do it as a legal mistake apparantly .

 

i dont know i dont feel i was well enough prepared but then again didnt know what their legal arguments was going to be , you never know if you make sure your arguments on unlawfullness and/or legal mistake is strong you may still have a chance but as i say i feel i let myself down.

 

unless you can proove beyond a doubt either of the two things then you dont have a case for restitution.

 

but at least i still got charges + 8% + all purchase interest paid on account so guess its still a win of sorts.

 

good luck with your claims

voyager

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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oh by the way the judge rejected theit argument that there was no case to answer because its a contractual issue but i still had to proove the other issues which i failed to do.

nationwide settled in full 7/06/2007

 

yorkshire bank settled in full 15/06/2007

 

capital one filed at court 06/06/2007 acknowledged 15/6 defence received 30/6 AQ sent 2/7 with application for summary judgement--hearing date 18 sept foe defence to be struck out

 

cahoot filed at court 25/06/2007 to acknowledge default judgement granted 27/06###won###settled in full

 

HBOS filed at court acknowledged 20/06/2007 default judgement granted 16th july so won

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Share on other sites

Hiya Voyager,

 

Sorry to hear it didnt go totally your way today.

 

Can you let me have a few more details.

 

Did you get the opportunity to argue both the penalty aspects under common law and the UTCCR 1999 aspects.

 

It looks as though Cap One cocentrated more on the restituion side of things and used this the fact that they were prepared to refund the charges on a goodwill basis to befuddle the Judge. As much detail as you can provide would be useful.

 

You say that your claim was dismissed. I presume that your claim for compound interest was dismissed. How did it come about that Cap One would be paying you what you have stated. Did they make this offer to you in front of the Judge or before you went in?

 

Regards Budgie

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