Is this Cap1 default valid? **WON IN COURT**

[Armsoft]

Hi Armsoft, hope your well. Thanks for that. I am ready to go lol, cant wait to see what the judge thinks of Cap One's behaviour, especially contacting the court twice, to say they had paid up and settled everything. Still no cheque!

 

ammani,

Did you get a claim in for Quantifiable losses (compensation at the descretion of the court)?

I may well have read that you had, but I`ve done a lot of reading today LOL

 

[ammani]

Hi Armsoft, my original poc asked for £120 in damages, which they refused to give. But i read on this site about the Kpohraror v Woolwich Building society case, in which a precedent was set, of the claimant recieving £1000 in damages, so put this in my witness staement in my court bundle.So will be interesting to see what the judge decides.

[Armsoft]

Hi Armsoft, my original poc asked for £120 in damages, which they refused to give. But i read on this site about the Kpohraror v Woolwich Building society case, in which a precedent was set, of the claimant recieving £1000 in damages, so put this in my witness staement in my court bundle.So will be interesting to see what the judge decides.

 

So ammani,

How did you get on?

I`ve rushed home from work today to be able to log on for an update.

Don`t keep us in suspense for too long

[ammani]

Hello Armsoft, what a day i had lol. I got there for 1.30 for 2pm hearing. Eventually got in to see judge at 2.30, only to find out, that he had not expected anyone, (so not read my court bundle), as Cap One had written to court to say all had been settled, I told him that i had informed the court 1 week ago that this was not the case and they should have let him know.So it was decided to let 2 more cases go before me, as they were his last and then see me. Of course Cap One didnt send anyone, as they had said they had settled.Of course it was not a good state of affairs as there was no way the judge was going to be able to read my 300 page court bundle in 5 minutes. He asked me to outline what it was i was seeking, and i told him, charges, interest and damages and for Cap One to stop processing my data.The poor man didnt have a clue, i tried to explain what had gone on, but he didnt know about data protection issues and would not make any judgements to do with this. So in the end he agreed to award me my charges of £144, interest of £107 and £120 damage, and also £50 for days earnings. I had mentioned the 2 cases where £1000 was awarded but he said because i had not put that amount on my poc he couldnt award it to me.He said he couldnt issue a declaration saying charges were unlawfull as it was up to Oft case to decide this.He was very helpful, and it was a shame he had not had the time to read my court bundle, as i am sure i would have had a better outcome.He did say that if Cap One still continued to process data, i should start another claim, as the claim he was hearing was to do with charges and not about processing data. He did ask if i knew under what duristiction he could request that they stop, but i didnt know, except that they were commiting a criminal offence in doing so.He said if that was the case, it would have to be heard in a criminal court! Checking my credit reference today, they have removed their data to do with this account, so at the end of the day, i got what i asked for, so thankful for that. Just wish i had put more in for damages on my poc, but i didnt know about the 2 other cases then. Hopefully others can learn by my mistake.

[Armsoft]

Hello Armsoft, what a day i had lol. I got there for 1.30 for 2pm hearing. Eventually got in to see judge at 2.30, only to find out, that he had not expected anyone, (so not read my court bundle), as Cap One had written to court to say all had been settled, I told him that i had informed the court 1 week ago that this was not the case and they should have let him know.So it was decided to let 2 more cases go before me, as they were his last and then see me. Of course Cap One didnt send anyone, as they had said they had settled.Of course it was not a good state of affairs as there was no way the judge was going to be able to read my 300 page court bundle in 5 minutes. He asked me to outline what it was i was seeking, and i told him, charges, interest and damages and for Cap One to stop processing my data.The poor man didnt have a clue, i tried to explain what had gone on, but he didnt know about data protection issues and would not make any judgements to do with this. So in the end he agreed to award me my charges of £144, interest of £107 and £120 damage, and also £50 for days earnings. I had mentioned the 2 cases where £1000 was awarded but he said because i had not put that amount on my poc he couldnt award it to me.He said he couldnt issue a declaration saying charges were unlawfull as it was up to Oft case to decide this.He was very helpful, and it was a shame he had not had the time to read my court bundle, as i am sure i would have had a better outcome.He did say that if Cap One still continued to process data, i should start another claim, as the claim he was hearing was to do with charges and not about processing data. He did ask if i knew under what duristiction he could request that they stop, but i didnt know, except that they were commiting a criminal offence in doing so.He said if that was the case, it would have to be heard in a criminal court! Checking my credit reference today, they have removed their data to do with this account, so at the end of the day, i got what i asked for, so thankful for that. Just wish i had put more in for damages on my poc, but i didnt know about the 2 other cases then. Hopefully others can learn by my mistake.

 

ammani,

Let me be the first on here to say "Bloody Well Done To You!"

The outcome was what you had asked for, and ok, a bit more on the compo would have been nice, but being aware of the Judges feelings about Crap1 not turning up is Priceless.

Everyone learns from others experiences, and the one thing that anyone embarking on this from now,having read your thread will firstly learn is to Persevere, Stick to your Guns, Get set for the Long Haul, because at the end of the day, it`s all worth it when you get the right result.

 

Enjoy yourself.

[ammani]

Thank you Armsoft. I would love to be a fly on the wall, when Cap One get the judgement, as they kept saying i was abusing the court system lol. I wonder if they might delay, in sending payment,just so i can have the satisfaction of sending the baliffs in!

[elizabeth1]

Ammani - well done - such a nice result really - it's great to see this was just as you wanted and CAP1 lose out yet again!!

[ammani]

Thank you Elizabeth1, it did go well considering, as at one point the judge did think about ajourning the case.Cap One will get a suprise when the judgement comes through serves them right. They didnt even acknowledge that they recieved my court bundle!

[steven4064]

Sorry it's a bit late in the day but WELL DONE.

 

OK, you didn't know about the compensation on the POC, but look at it this way - you took on a MAJOR FINANCIAL INSTITUTION and whopped them!! You got everything you asked for.

[ammani]

Thank you Steven.Its been a long haul but worth it. If they take as long to pay up as they did sort this out lol, i will be able to get a warrant of execution, which would be most satisfying indeed.

[Josie8]

Well done

[WendyB]

Congrats. Worth the long haul, you got a RESULT! Well done.

[ammani]

Thanks Josie and Wendy B. I recieved a cheque today for charges lol, but sent it back with a covering letter, saying as they deemed fit, not to turn up in court, the judge has given me a judgement against them for charges, interest, damages and costs, and that they will recieve notification from the court. Let them sweat it out a bit. That should upset them lol, would love to be a fly on the wall, when they recieve it back.

[Trudianne]

Well done you - you deserve a BIG drink to celebrate now! Hopefully I will win too.

 

[ammani]

Quick update, as court is so busy, judgement has still not been processed, called them last friday and they have promised to get it done by monday latest! We will see.Has been a month so far.