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Mrs StevoKenevo v Capital One***WON***


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hi stevekenevo-we're sort of even stevens-my claim is for £1100 charges but comes to £2900 with cci/costs etc

 

mine was acknowledged with crap one saying they will defend.this was on 11th july.

they have til 30th july to submit a defence so we should hopefully be getting offers shortly-hope they settle with cci!!!!!!!!!!!!!!!!!!!

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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  • 2 weeks later...

Phoned the court, received the defence yesterday.

 

Said they are in arrears with cases and it could take anything up to a couple of weeks before they get anything out to us............ great.

 

Although they have a dedicated team working on the arrears so it may be sooner......... i hope so!

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Thanks for your response the other day.

 

Good luck with your claim shame you have to wait now !!!.

 

Just a quick question did you file your claim online with MCOL ??

 

No, for MCOL you need an english address, you just fill the N1 form out online and post it to the court nearest the banks english headquarters.

 

check your online account that is when youy will first find out what and when you have been paid .Do it every day

 

Account is closed

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Hullo Stevokenevo

 

I've got two accounts I want to claim on, did you have to complete and N1 for each account, or did yoy just lump them together ??

 

Any advice would be appreciated.

 

Cheers

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Depends on how much it is for. Below £5000 will keep you in the small claims section of the court. .

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Hullo Chaps

 

Thanks for the replies, I have a friend in England who will let me use his address for MCOL.

 

Also I'm claiming 3,000 on one account and 6,000 on another.

 

Not sure about using MCOL, wadya reckon ?

 

Cheers

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Hi, i am at the same stage as stevokenevo, received a letter stating

 

The defendant Filed an acknowledge of service on 16 july 2007

 

The defendant responded to the claim indicating an intention to defend all of the claim.

 

The defendant has 28 days from the date of service of the claim form with particulars of claim , or of the particulars of claim, to file a defence.

 

the way i interpret that is, as my claim was deemed served on 10th July they have 28 days from then. Am i right or am i a meringue?

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Good to see your still around Stevokenevo. .

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Was planning on taking the weekend off, but, this morning i received the allocation questionaire throught the post, with there defence attached.

 

Form says 'Defence and Counterclaim' (specified amount)

 

Defence - The claimant is asking for interest that is far higher that has ever been added to the account. Therefore we are prepared to refund all fees (£***) , interest on the fees (£***) 8% statuatory interest (£***) and court fee (£120) totalling £****.**

 

Is it just me, or is that not really a defence?

 

Now, i am not really sure about our position, do we hold out for the full amount claimed, or accept the improved offer?

 

As the account was closed a few years ago, we had no info on the APR charged, and went with the current classic account rate, my heads buzzing now, want to go the whole way and hold out for the full amount.

 

As usual, any advice would be greatly appreciated....................

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Does no one have an opinion or advice on the above?

 

Is the defence i have received standard??

 

Defence - The claimant is asking for interest that is far higher that has ever been added to the account. Therefore we are prepared to refund all fees (£***) , interest on the fees (£***) 8% statuatory interest (£***) and court fee (£120) totalling £****.**

 

The silence is deafening

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Hello Steve. .

 

Ref the interest on the fees, have they offered something close to the amount you were asking for ?.. Sometimes they will offer the purchase interest only and leave us to fight for the rest, which is difficult to take to court for. I see they have offered 8% as well, which is not normally done if you have been paid another rate of interest as well. If this is the case, i would take it.

 

I will look in later as i am at work with a duff PC. I can't open and reply to e mails until i get home tonight. Have'nt a clue what's wrong here.

 

Uk

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Thanks for the response UK,

 

For one reason or another, it did not show up in my user cp that i had a response, and i only seen you had replied when i was checking other peoples threads for some info.

 

basically they have offered everything we asked for except they have offered the 8% instead of the 34.9% CCI we were claiming.

I have decided to carry on regardless, as in the POC we have asked the judge for the 34.9% and the 8% in the alternative.

I shall continue as planned and let the jusge decide instead of CAP1 deciding for me

 

again, thanks for the response........

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Ok. . a very strong letter informing them that the claim is still ongoing because the claim is for full settlement of your court claim, and not what they think it should be. Difficult to go into court for CCI alone, but with the case settled recently on CCI it may help to get your full amount.

 

Link is here:

 

http://www.consumeractiongroup.co.uk/forum/cases-library/106112-sempra-metals-irc-july.html?highlight=SEMPRA+METALS

 

Uk

  • Haha 1

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I returned the AQ on friday. added the note as advised, the case should take no longer than one hour, and also added, as they had not defended the charges and only the rate of the C.I then they should either pay the typical rate or disclose the rate applied and pay that in the alternative.

 

not sure if that was what was required but didnt think it would do any harm.....................

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Hi Steve

 

Just the wait now to see what their next move is.

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