glav's o/h v cap one

[glav]

Hi all,

 

Have just sent prelim letter and schedule of charges to cap one in respect of hubby's card - claim includes cci. response due by 27th April.

 

glav:)

[ukaviator]

Great... will be watching to help guide you later.

 

Ukaviator

[glav]

Thanks uk, Cap one have until 20 April to respond to my own LBA and partial settlement rejection, then I will file claim, sure this one will follow same pattern.

 

glav:)

[ukaviator]

There is a pattern. Has'nt changed in months..

[glav]

Hi folks,

 

Just to update. Hubby received letter from famous Mr Udy dated 17 April 2007 offering refund of £356.00. LBA sent today recorded delivery, rejecting offer unless cap 1 accept that this is in partial settlement only.

 

glav:)

[glav]

Folks,

 

Just looking for some advice. LBA only received by Cap 1 yesterday. Not expecting any reply other than repeat of original offer as seems to be the norm. Total claim including CCI is £2900 approx. I live in NI, can I split the claim or do I have to forego the £900 that is above the small claims limit here? Any advice greatly appreciated.

 

glav:)

[glav]

Bump

 

Have received response today to LBA, offer remains at £356, where do we go from here? Any advice greatly appreciated.

 

glav:)

[doo]

Usual timetable glav, once 14 days are up on your LBA you can file court action. Not sure about NI though and how the court system works there.

[Paintball]

Usual timetable glav, once 14 days are up on your LBA you can file court action. Not sure about NI though and how the court system works there.

 

Agreed on this Glav, but like Doo am not sure about NI system. Could you PM a Mod and ask if they have any guidance for you?

[glav]

Hi all

 

Just to update this thread, hubby filed civil bill on Friday 6th July, received special delivery by Cap 1 on 9th July. Response and notification of intent to defend received on Saturday 14th July, offering only purchase interest instead of CCI. Going to send letter of rejection, thanks to ukaviator, doo, c_allen and sowerby for their advice on how to respond.

 

glav:)

[glav]

Hi folks, just to update and ask some advice. Notification of Intention to Defend received from Cap 1's solicitors dated 6th August. Today received this from same solicitors.

 

"On 6 August we forwarded you a Notification of Intention to Defend. At the same time we forwarded a copy to The Chief Clerk for Ballymena Court Office. This Notice of Intention has been returned to us pursuant to Order 8 of the County Court Rules. Essentially what that Rules states is that a Defendant should serve Notice of Intention to Defend within 21 days of service. This firm had only just received the papers from Capital One at that time and therefore it was not possible to serve notice of the Intention to Defend within the 21 day period. This is a common occurence and the normal manner of dealing with same is to write a letter to the Plaintiff's solicitor requesting the necessary consent to serve a Late Notice of Intention to Defend. In almost all cases this is forthcoming. If you do not consent, or we do not hear from you within 7 days, we shall make the necessary application to the County Court to allow late service of Notice of Intention to Defend and again, if we do not hear from you with your consent, or your consent is unreasonably refused, we shall seek costs of the application.

 

We look forward to hearing from you within 7 days with your consent."

 

Court has evidently refused the Notification of Intention to Defend, how do we respond, surely we could not be held liable for costs as they as a big organisation had ample time to file with court? any thoughts/advice on how to respond to the solicitors? Greatly appreciated, thanks.

 

glav:)

[glav]

bump

[glav]

Can anyone advise pleeeeeeeeeease!!

 

glav

[doo]

Hi glav, am not familiar with NI but if I were you I would ring the court or better still go down there and speak to someone, you could also pm Uk who is the usual site helper on cap one forum to see if he could shed some light.

[ukaviator]

Hi Glav

 

Did you ring the court for advice on what you can do next. Their excuse is feeble, so you need to see if you can get Judgement by Default.

 

Uk

[glav]

Thanks for responding Doo, have sent pm to UK

 

glav:)

[glav]

Sorry UK, your post and me sending you a pm has evidently crossed, will ring court in am and see what they say.

 

glav:)

[ukaviator]

Ok Glav. . I am about tomorrow most of the day, i have a few days off. I am at work at the moment so limited postings, especially with this steam powered computer. Let us know what they say.

 

Uk

[glav]

Phoned court yesterday, they basically said that the judges generally permit a late service of Notice of Intention to Defend but that if we want to withold our permission we will get the chance in court to explain why and it will be up to the judge on the day whether he awards Capital 1 the expense of filing the late service.

 

We have to think really seriously about whether we continue to proceed. The balance on the card is still at zero despite writing asking Cap 1 to take it back as we did not accept settlement. Therefore, their defence will be that they have refunded all the charges and we are left to fight on contractual interest alone. As we are in Northern Ireland and this is a civil bill as opposed to small claims, we would be liable for costs if we lost and we are now thinking that it may be too big a risk and maybe not worth it. We are now at the point where we are thinking we should be content that the balance on the card (£1800) is cleared and one less debt.

 

glav

[ukaviator]

How much difference are you looking at Glav?. . It will be a difficult thing to argue in court for CCI on it's own, so you should think about calling it a day if they have paid most of your claim. At least you have one less debt, are you keeping the account open or closing it?

 

uK

[glav]

Uk

The difference is about £1400, hubby intends to close the account completely.

 

glav

[doo]

Hi glav, let us know what you decide, I know how you feel, as you know same happened to me but at least you are now debt free from them so even if you decide to accept it's still a v.good result