rockinrodders V Cap One inc contractual claim

[rockinrodders]

I called the court and they said my case was issued yesterday 26th

[rockinrodders]

I received an offer of settlement from Cap One solicitors today, the same day as I received the acknowledgement from the court.

 

They offered fees plus all purchase interest and court interest plus court fee, total £550 but said that they had paid off the balance of the card which was £214 and send a cheque for the difference.

 

My claim was for around £2k because i included contractual interest.

 

They did not mention the default removal which was part of my claim.

 

The card was originally settled £214 short as full and final settlement in 2003 and this is confirmed by experian and equifax, so I don't believe they can now reopen the closed account and offset part of the settlement.

 

Do I accept the cheque for the difference as part settlement or do I just reject the offer outright and proceed to court.

 

I'm not really too bothered about the money but I do want the default removed as it was for £500 of which £380 was charges and therefore the debt was overstated greatly.

 

What does anyone think?

[sowerby17]

well i got a letter like yours and am in a quandry as to whether to go any further.Did not get the cci it was £1300 difference only paintball has answered my thread if i get anymore advice will let you know as answers for some of us on this forum are few and far between.Was yours a big difference in money? If it is just the default and you are not in great need for the mone I would press them for it.

[rockinrodders]

Sowerby, the contractual interest came to £1700 nearly as all the charges were 2001/2. The claim was for just over £2k. So £1400 different to their offer.

 

I checked their figures which didn't include contractual and they calculated 8% court interest at just £58 since 2002. Even on the basic non-contractual spreadsheet it comes to nearly £200

 

So their £140 short of a normal settlement with just 8% stat anyway plus with the £214 they have paid to the closed account, the claim is short over £300 of the standard fees plus 8% claim.

 

I'd happily forget the contractual but Im not getting skanked on the court interest AND the default.

[sowerby17]

Well i think they may come to a mid way settlement as i rang them and they said i had to put in writng to them that i was not happy with the payment.So dont write anything off yet try sending them a letter i am going to.

[doo]

rockinrodders, stick to your guns about the default, do not accept any money and if they send a cheque return it, tell them the default is linked to your claim and you will only stop the claim when they have done so, make sure you get everything in writing. They will remove it, I got mine removed plus the late markers on my credit file, my hubby also got his removed. As for your offer letter, I am afraid it is the same one I got. Two months after I refused their offer I did eventually manage to get them to enter into a dialogue, at the moment they have offered another £200 as a GOGW.

[rockinrodders]

Thanks Doo, I have written a rejection letter and told them to try again. I'll send it tomorrow. I told them politely to check their sums as well, as the 8% stat they offered instead was even wrong, not that I'd be taking it anyway!

[rockinrodders]

I Returned the AQ to the court last week. Court manager said it was business as usual and hadn't heard of any cases being stayed there because of the OFT case.

 

Cap One entered a defence which had been cut and paste from another case. the amounts were wrong, even the claim amount etc.

 

They then went on to say they were defending on the basis that the case had been settled in full.

 

It was probably the right defence but for the wrong case.

 

I rejected the offer weeks ago anyway as they cut me short, they offered charges plus purchase but only £53 for stat 8% interest. The spreadsheet worked out stat 8% as £180.

 

Also the amount they said they had paid me was £250 more than the cheque that they sent because they had offset the rest against the partially settled account. I have a letter from them proving that the account had no outstanding balance and that no payments were outstanding because a few weeks ago I called someone else at Cap one and asked for a letter saying to confirm this. I received a letter from them saying:

 

Thank you for contacting us about the default that we've recorded on your credit file.

 

This default is recorded as satisfied, which means that no further payments are due. This willl remain on your credit file for 6 years from the date of the default. blah blah blah

 

Anyway, I returned the AQ to the court and asked the court to strike out the defence on grounds of abuse of process due to the fact that they couldn't be bothered to write a defence specific to the case. I also included the documents showing the correct amount of the claim, the actual amount of the cheque they sent none of which tallied with their paperwork.

 

I wrote back to Cap One as well and enclosed a copy of the AQ and restated that I had rejected their offer as it had cut me short £150 on interest and £250 paid into the closed account because they had admitted there was no payments due on the account in which they had offset it.

 

I said that if they corrected that and removed the default we had a deal, if not its up to the judge.

[ukaviator]

Ok... well done. The default has to be completly removed with no trace at all. Keep us posted.

 

Uk

[rockinrodders]

I received a letter from the court last week with another AQ form attached, requesting a £100 AQ fee. I had already paid this and sent the form back weeks ago, the letter was dated 12th August but not received till about the 23rd. I called the court and told them I had already paid and returned and they agreed. They said my original was in their office being typed up when it should have been in front of the judge, so the letter was sent out automatically but now my case cannot go in to be allocated by the judge until the 6th September as he does it monthly.

 

Should I be sending nudge letters to Cap One or just wait for the court to set a court date?

[rockinrodders]

Called the court again to chase it up today and they reckoned they had not got my AQ and the judge had ordered the case to be struck out if it was not received. I said that they had cashed my cheque back in August and that they had confirmed receipt 2 weeks ago. Then she checked the system and realised that they had received my AQ back at the start of August but it had been lost in their office whilst being typed up. She apologised and asked me to send her another copy. I sent that today and she promised to put it in front of the judge tomorrow.

 

She said Cap One had still not sent theirs in despite the judge giving them an extra month to do so and sending them a reminder, so hopefully they'll accept my request for judgement by default.

 

I did speak to somebody from Cap One, who phoned after I emailed them. They agreed that their calculations were wrong as I pointed out. They agreed to increase the settlement to include this and to include the removal or all adverse information including the default.

 

I told them I needed a cheque in my hand and a written confirmation of the default removal before telling the court they had paid up.

 

If they me mess about, I'll keep pushing for the default judgement as that includes contrctual interest and not just the purchase we agreed on.

[BOBSCOUSE]

Hi rockinrodders,

How did you request Judgement by default. Was it by letter or using a form?

Bob

[rockinrodders]

Bob, The request for judgement form was on the bottom of the notice of issue I got right at the start of the court case.

 

The lady at the court told me this was fine. She was putting my case before the judge today. Hope he accepts my directions to throw out the defence for failing to return their documents despite being given a months extension.