celicaman vs Cap one ***WON***

[Celicaman]

Ok having started with HSBC i am now in process with cap 1.

I filed MCOL on 19/03/2007 and they filed acknowledgement on the 27th march 2007 and today they filed defence dated 26/03/2007, dont know how it took so long to get through system ,in fact they filed it a day before they acknowledeged it

any views

[Celicaman]

:grin: Its A WIN, wahey i won , show me the money, show me the money.:grin:

Got home tonight and in the post was a letter from Cap 1 saying they are refunding all fees, Plus interest claimed and the £30 court fees, monies have allegedly been paid into my account ( just means i owe them less LOL ) so a WIN for me.

So i now have to inform the court as settled, the defence filed is them defending the claim as it is paid and so this one is put to bed.

Wooopppeeeee

[glav]

Well done Celicaman, but don't inform court until you are sure the refund has been made to your account.

 

glav:)

[Celicaman]

Cheers for that bud, will look online and see,

Thanks :grin:

[ukaviator]

Well done. . congratulations. .

[Celicaman]

Thank you one and all, ok now its time to start on Egg,

see Celicaman Vs smEgghead card

and then HSBC (2)

and THen Northern Rock

And then HSBC bussiness's 1 , 2, & 3 (closed ) and 4 & 5 operating, some going back to 1990, this is going to be fun ( in a real perverse sort of way ) and now ive just started to understand contractual & compound interest ( ok im learning it) we are up for the ride of our lifes, keep watching folks

[Celicaman]

Hi all

Still waiting for Cap 1 to cough up, alledgedly they are going to credit my card with the balance of monies owed ( they credited £74 in march , which was their first offer)

and alledgedly i am going to contact the court on the same day and tell them case has been settled.

 

On a different subject, i won a small amount from GE capital, they didnt defend and i asked for/received judgement in favour.

Thing is its about a month ago now and not received my pennies, how long should i give them, i dont have an account with them now

[ukaviator]

A call to them on Tuesday, as it's bank holiday, to remind them is needed i think. .

[Celicaman]

eventually got thru to them, well somebody in botswanna or similar.

oh but we sent you a cheque for £63 on the 20 th march, yes but that was after i had filed mcol and then awarded judgement, and until you pay me the balance of £53.67 i cannot remove the judgement ( i am trying hardest to speak plain english here savvy) oh there is nothing on our files, i will go and check.................im waiting.

oh Mr CM , we cannot find any records of this in our system, can you please write to customer services at leeds............

Can I write, Can i write.........OOOhhhhhhhhhh blood boiling, he also said they re opened the account, i'll bet there is a credit of £53.67 on the card i dont want or need, they had better get a cheque sorted out.

i am so tempted to press the MCOL button marked START to start the warrant........what d ya think, anybody up for a laugh, go on dare me, go on

[Celicaman]

Ok Heres my draft letter to GE asking for the outstanding balance

 

Account number :XXXX XXXX XXX XXXXX

Claim Number: XXXXXXX

 

Dear Sir or Madam

With reference to the above account number,

May I remind you that the above case against GE Capital has still not been settled in full.

To Date I have not received the balance of £53.67 which remains outstanding. Failure to pay the outstanding balance will result in a warrant being issued by the court. This will result in further action being taken against GE capital.

I believe that you may have reinstated the closed account and may have credited that account to the value of £53.67.

Please note that I will not accept this method as payment of the outstanding account, as the account is closed and I do not require it to be reopened. I require a cheque made out to myself, Mr X X XXXXX

Please note I will wait 14 days for a positive response after which time I will be forced to issue a warrant against GE capital.

Upon receipt of the above cheque, I will contact the court and advise the claim is settled.

 

 

any views

 

CM

[Celicaman]

Hi All , i have just checked my online statement and as promised the funds have been paid in full.

So now time to send court a letter ref: Paid

I read somewhere you dont send anything to the defendant, just the court, but here it says to send copy to the bank, anybody clarify.

 

Should i use this one by GaryH

 

The Court Manager

****** County Court

Court address

Court Postcode

 

[date]

 

 

Notice of Discontinuance

 

Dear Sir/Madam

 

Celicaman -v- Cap one Plc

Claim Number: ********

 

I wish to inform the court that the claim as detailed above, in which I am the Claimant, has now been settled.

 

The Defendant paid the full amount claimed, namely £***, by way of a credit to my bank account on 20/04/07.

As such, no further action is necessary in respect of this claim.

 

Please accept my sincere apologies for the waste of the courts valuable time spent processing and managing this claim. I do wish to inform the court however, that the decision to enter into this litigation was not taken lightly, and that ample opportunity was given to the Defendant to resolve this matter by way of negotiation before proceeding with this claim. Regretfully, all attempts at meaningful dialogue were either rebutted or ignored.

 

A copy of this letter has been sent to the Defendant.

 

 

Yours faithfully

 

 

Thanks all

 

CM

[Celicaman]

Hi, all. eventually last week i got around to sending GE the letter about balance of claim still outstanding, and today had a standard response that they are looking into it and will reply within 28 days, suppose i'll give them it cos they at least replied to it and there is a number to telephone the writer and actually signed, not PC generated.

CM