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

[Armsoft]

Thank you TANZARELLI, for your reply. I did call them, and they claim i did not pay for 6 months, which is absolute rubbish,and i sent a payment in january when got default notice, which said i didnt owe anything! They say they didnt recieve the payment till February! I am not sure on what grounds i can do the default notice as was only £42.00 on balance, cannot do it on grounds of charges.Could i do it on the grounds that the account is settled and therefore there is no need for them to still have it on my account? Or should i just put claim in for charges and also default? I have asked them to supply me with a copy of the default notice, they say they cannot do that as do not hold copies, but can send me the information requested, in form of letter. Does this count as a copy? Any advice will be greatly appreciated, as really not sure what to do next.Many thanks.

 

ammani,

How much do your charges add upto?

[Armsoft]

Hello Armsoft,

This account is closed now, was closed last year as i settled it, but i had 222.00 of charges added to my account, which i want to make a claim for plus the removal of my default.

 

Right, were the charges added to the account after it was closed? or before

 

Either way, default removal should be fairly straightforward, especially as the charges are more than 5 times the amount of the default value.

 

Let me know when the charges were applied, and I can advise the best way forward

[Armsoft]

Hello Armsoft,

This account is closed now, was closed last year as i settled it, but i had 222.00 of charges added to my account, which i want to make a claim for plus the removal of my default.

 

 

Has the default caused you any financial inconvenience? Have you perhaps had to pay higher interest rate on your mortgage etc.

 

If you have, you may want to consider adding a request for compensation (at the Courts Descretion) in with your claim for Quantifiable Losses.

I received £5k in compensation from The Abbey Bank to cover Quantifiable Losses, so it`s worth considering.

[Armsoft]

Hi there, is there any one who can advise me, as really would like to get this claim done, and not sure how to go about it. Thanks.

 

Ok,

As Tanz has said, it would be far better if you had the cheque details, as without them, if it got to court, you would not have the evidence to prove your point.

 

Assuming you still have the letter which stated that you owed £0.00 prior to the issuing of the Default, I would progress as normal, and having already gone through the required timescales and letter sending upto and including your LBA, the next step is to file in your local court.

 

You will need to complete an N1 form, and there are plenty of guidlines in Templates that will talk you through that process.

Your Particulars Of Claim will need to include the Default Removal along with the refund of charges.

 

Whilst that paperwork is making its way through the court process, I would suggest you try to narrow down the possible cheque number details, and as Tanz said in one of his threads, you should be able to do this through your bank statements (you must know how much you paid, and approx when?).

You will receive notification that they have acknowledged your claim, and that they intend to defend (standard with Cap1), and you might even get to the stage of filling in an Allocation Questionaire before Cap1 agree to settle your charges claim, its at this point that further discussions will need to be had with them, along the lines of "its a 2 part single claim, settlement can only be agreed on refund of charges and removal of default" etc,etc.

[Armsoft]

Hello Armsoft, many thanks for your reply. I can see what payments i made on my statements from Capital One, but its trying to show that i did send the payments in December and January 06, as they are not showing on my statements.They are claiming they didnt recieve the one in December, and that the January one, was recieved a month later! And yes i still do have the document saying i will be defaulted if i take no further action, on which says i owe £00.00. I will do my claim now and do NI form, do you think i should wait and see what document they send me, as copy of the default notice, i did not recieve, before putting claim in? Or just go ahead with it. Thanks.

 

 

Hello again,

If you wait for a signed copy of the default notice, you`l be waiting till hell freezes over, they don`t keep copies, all you will receive is a copy of the "Default Notices" that they send out, it will be a standard notice, undated and unsigned.

So, get your N1 completed and filed at the court to get things rolling.

 

You need to look at the statements from your bank to see if your December & January payments were cashed by Capital 1, not the capital 1 statements as they will not show on their as they are claiming non-receipt.

[Armsoft]

Hi everyone, i am in court tomorrow against Cap One. They tried to get out of it by saying they had decided that they didnt default me when they said, but 2 years earlier, and therefore would stop processing my data as 6 years was up! And that i wasnt entitled to damages and that they had contacted the court to say the matter had been settled. I contacted the court to say it hadnt, (as had not recieved payment, of charges and interest or damages i had asked for)even though they have now stopped processing my data.I put my court bundle in a while back, it was 250 pages, i am sure the judge will have fun reading it. I am going to show that they defaulted me unlawfully, didnt respond to my notice pursuant to sc 10 & 12 of Data Act, processed fictitious and slanderous information for 2 years and have abused the court system, and have purgered themselves twice by contacting the court to say the matter was settled. I wonder if anyone will turn up. Will update asap.

ammani,

Sorry I have not been around for a while, but hey you sure have moved on at a pace, Well done!!

 

Good Luck in court tomorrow (although I doubt that you will need any luck) I`d be supprised if Gonzo or Big Bird turn up at court from Cap1, so you`ll proberbly end up with just you and the Judge (and he sure won`t be impressed if your the only one there).

If they turn up, relax, focus on the facts etc.

 

[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

 

[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

[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.