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    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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deedee1310 v Capital One **WON**


deedee1310
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N1 filed today by courier! Yippee! The countdown begins...............

 

deedee

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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All the best DD. (is it my imagination, or have you gone a funny colour?)

 

LOL. MacBoy created me a new avatar in honour of my becoming a Gold Account customer! Hence the "gold" tint to my lovely face :p

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My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Lol! What a ninny I am. :p

 

I have received my N1 back today from the court because I didn't enclose the cheque. Doh!

 

Back it goes tomorrow.............. :D

 

deedee x

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Deedee really. . worth a try i suppose. .

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Deedee really. . worth a try i suppose. .

 

Indeed. That's what happens when you do things when you're tired. Note to self - get more sleep!

 

How are you UK?

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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I'm fine. . . burning the candle at both ends though. 2 days off tomorrow and Thurs.. Looking forward to a rest, and a beer. .

 

 

Deedee go to bed.. .I see you lurking

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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  • 3 weeks later...

Hola todas! He vuelto de España hoy!

 

I have returned home today, to find a settlement letter from Capital One. They have rejected my claim for CCI but have agreed to pay the following

 

1. All the purchase interest ever charged on my account

2. Interest owed to me under s.69 County Courts Act 1984

3. Court fees

5. Penalty fees.

 

Total payable £1430.05 - 440.11 (which they reckon I owe them - I do not) = £989.94

 

They have agreed to remove my default but not the late payment markers :mad: . They have not mentioned the CCJ removal that I have requested either. They state that I had opportunity to correct any misspelling of my name on my credit agreement (actually it was an APPLICATION FORM). I have a copy of the form which they sent me as fulfillment of my earlier CCA request and my name was spelt correctly on the form, so I had no need to correct it. :confused:

 

I will not accept the money until they have calculated what they owe me correctly and that they acknowledge that the late markers need to be removed as does the CCJ.

 

Welcome home deedee! :???:

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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BUMP!!!

 

Hello guys. I would really appreciate some advice on how to proceed now. Cap One think that the matter is resolved but they have another thing coming. For a start they still think I owe them £440.11 which is incorrect.

 

I'm beginning to get a little tired of all the fighting and letter writing. I have checked my credit file and they have indeed removed the default marker on my account, but have changed it to settled instead and put late markers on the account file, which were previously not there :(

 

I wouldn't have made it this far without all the support from CAG members so I am calling up members of the Cap One forum to give me some advice.

 

I'm off to re-read Tanzarelli's thread as he had a similar battle with Cap One. :(

 

deedee x

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Sorry to bump again but I would really love some advice from any successful Cap One claimants. I am currently trying to put something together, addressing their settlement letter and setting out unconditionally what I will accept as settlement of my claim.

 

I will not be accepting the cheque when it arrives because

a. I do not owe them any money

b. They have failed to address my point with regards to CCJ removal

c. They have removed the default and exchanged it for late payment markers which to me is just as bad.

 

Looking forward to hearing from you.

 

deedee

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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  • 2 weeks later...

BUMPING AGAIN - UK or Steven where are you?..............

 

ANYONE - PLEASE!!

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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I will not be accepting the cheque when it arrives because

a. I do not owe them any money

b. They have failed to address my point with regards to CCJ removal

c. They have removed the default and exchanged it for late payment markers which to me is just as bad.

You seem to know what you are doing - just write and tell them this just like you told us. THey will not want to go to court, so the nearer that eventuality becomes, the more reasonable they will become.

 

 

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Thanks Steven.

 

I just wanted to make sure I was on the right lines.

 

Just one more question. Should I accept their offer of 8% Stat Interest or push for the Contractual Interest I claimed? If so , it would it be on the grounds of mutality and reciprocity - right?!! Sorry for my questions it's just that I have read so much and it's doing my head in!

 

The cheque arrived yesterday :( . I have made a photocopy, as proof that it came :)

 

 

 

Thanks for your help.

 

deedee x

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Hi deedee, you got same offer as me, I managed to get an extra £200 out of them plus all late markers removed from my credit file (result :D ) but it was a very long hard battle. I sent my cheque back and it was over 2 months before I got any movement on this, it was only when I made a real nuisance of myself to their legal dept. Lynns was in court this week and Cap One turned up, she accepted the 8%, if I can find her thread I'll post a link.

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Hi deedee, you got same offer as me, I managed to get an extra £200 out of them plus all late markers removed from my credit file (result :D ) but it was a very long hard battle. I sent my cheque back and it was over 2 months before I got any movement on this, it was only when I made a real nuisance of myself to their legal dept. Lynns was in court this week and Cap One turned up, she accepted the 8%, if I can find her thread I'll post a link.

 

Thanks Doo.

 

I am currently going through my particulars of claim and their crappy settlement letter, and making points in support of my rejection of their shabby offer. I'm also going to push for CI until we get to court, after all I did state in my POC that I would accept Stat interest if the court was not happy with my claim for CI. I also need that flaming CCJ removed, so this is not just about money.

 

The cheque looks good though!

 

deedee x

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Hi Deedee,

Was reading your thread, as I have just got my statements back from Crap 1 and intend to CCA them as well, cause for some reason they have been charging PPI as well. Anyway, just thought I'd reassure you that I recently had a CCJ set aside by Studio Cards through Moorcroft. So it is possible. Just keep going till its done.

Good Luck

Manjusha

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Thanks manjusha!

 

I finished my letter to them yesterday and enclosed the cheque (oh the pain) and wrote a letter to the Court. As I said before, the money aspect is about 50% of my claim. I've come this far so I most definitely won't stop until I get what I want.

 

Cap one didn't even start taking my claim seriously until I filed my N1 so we shall see what happens.

 

Thank you for your support. :D

 

deedee x

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Quick update.

  • Letter to court re Cap One non-settlement sent today with Abbey AQ, by courier.
  • Letter to Cap One detailing my settlement conditions sent today by Special Delivery.
  • AQ for Cap One prepared today and will be sent today by Special Delivery.

deedee

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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  • 3 weeks later...

Just to update again.

 

I received Capital One's AQ copy last week. They are still stating that they have settled the case.

 

Should I start making a nuisance of myself by calling their litigation team to try and hurry this along or to keep it in writing?

 

All ideas and suggestions as usual are welcome.

 

deedee x

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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  • 4 weeks later...

BUMP!!

 

Still no response from Capital One. I sent a letter about three weeks ago, to the the court, objecting to the stay that had been applied to my case.

 

I have received a letter this morning stating that the case had been transferred to a county court in London?!!!

 

Should I prepare my court bundle and send it in to the court and should I be chasing Capital One again, since it's been over a month since they received my Settlement Rejection Letter? I would really like this concluded within the next month. Maybe a letter a week will focus their minds.

 

Suggestions and ideas as alway will be appreciated.

 

deedee x

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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You don't need to send the bundle to the court until they tell you to but there is no harm in starting to get it all together on the PC - I wouldn't print it until you know you are going to need it - save some trees :)

 

You can hasselle Cap1 if it makes you feel better but I don't think it will make mush difference - it's really the court that is setting the pace.

 

 

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  • 11 months later...

BUMP!!

 

Gosh - it's been nearly a year since my last post! After hearing nothing for a while, I have been given a date for my preliminary hearing which is 17 October.

 

Should I hassle the Crap Ones to see if they will agree to settle? Should I have my Court Bundle prepared? My knowledge is rusty and this is the first creditor that I have actually got to the Prelim. hearing stage with.

 

I look forward to hearing from you.

 

Dee

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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