My Bro Vs Capital one

[indebtstudent]

We both know it is not correct BUT a dely would mean (in theory) more interest. Whilst at the same time the company cannot enforce the debt.

 

I know this isn't the right way to think about it and I'm sure I can convince a judge. Having said that will be fun to see if they make reference to test case in thier defence.

[indebtstudent]

Update... I'm juggling a couple of things at the moment so I must confes the deadline for them submitting an acknowledgement and indeed a defence has passed. I was going to request a judgement using stat interest in the hopes they would not defend. What do you guys think?

 

Alos any idea what the timescales are like if I did put in such an order? Would there be a need to attend court to get the judgement?

 

Is it likely Cap One have put acknowledged the claim to the court but not to me? If so I don't believe that would be proper practice?

 

Finally could there be any confusion caused by them passing selling the debt to Lowell? They said to address all correspondance etc to them BUT they are not the orgnisation that put the charges on.

 

Cap One said in the letter telling my bro it had been sold to Lowell that Cap One wouldn't do anything else with the debt. Does this mean they will have to pay him the total cost of the claim? Or is it more likely that Lowell is thier in house DCA (or similar)?

 

sorry to ask so many questions, just want to get this wrapped up properly.

[steven4064]

Hi IDS

 

Firstly, if CAp1 have put in a defence you would get a copy either directly or from the court - I suppose it might take a few days after the deadline. If, say, a week has gone by, you could request judgement using the tear-off bit from the notice of issue you should have receieved.

 

I suspect the timescales will depend on how busy the court is - I can't see it takin more than a few weeks though.

 

As you say, it was Cap1 who put the charges on - they have the responsibility to pay them back. they still have responsibilty for the account under the Consumer credit Act 1974 as well - it will only be the debt that has been sold to Lowell's (and that will apply even if Lowell's is their in-house DCA)

[indebtstudent]

Cool, here are the details. Claim deemed to be served on 30.11.07 the defendant has untol 14.12.07 to reply.

 

What steps, if any can they take? I was under the impression they would need to show some reason why they did not reply at all. I claimed for contractual interest, but put the sta interest in brackets. Think I'll go for this in the judgment just to be on the safe side.

 

Unless of course them not filing a defence makes it unlikely they can do anything.

[steven4064]

You should go for judgement - they have had long enough. There is a tear off form on the paperwork the court sent you.

[indebtstudent]

Yeah but what about the interest etc? I suppose the onus on them is to provide some evidence why they didn't bother to reply in the first placed...

[steven4064]

Youjust go for the interest you claimed in the first place. You put how much per day, the court should be able to work it out "to the date of judgement"

[indebtstudent]

Sent in the request for judgement, should be due any time now.

[indebtstudent]

Just wondering what is the next stage? I've sent the request for judgement in (correclty this time I hope!). Cap One haven't acknowledged the claim or put in a defence. Is there any acceptable reason for them not doing this?

 

The only thing they could challenge is the time spent in pursuing the matter (I put fifteen hours work). Initially I only put this in to get thier attention as they weren't taking the complaint seriously.

 

It feels like we're in the final furlong but I always value input from more expereineced campaingers

[indebtstudent]

A victory of sorts...

 

Recieved judgement from the court yesterday, still no word from Cap One. No acknowledgement of service, no defence, so it will be interesting to see what happens re payment.

 

I have not been down this road before, the Natwest claim I undertook being stayed pending outocme of test case. Can Cap One now question the figures in the claim?

 

My belief was that they would have to show a damned good reason why they didn't bother to do anything re the court claim and they would struggle to do this since they have legel experts and vast resources etc.

 

I don't want to celebrate too much yet because it isn't over but things are definately looking good.

[steven4064]

This could be fun. If Cap1 still don't reply you can ask for a warrant of execution and send the bailiffs in

[indebtstudent]

I was hoping you would say that

 

There is no excuse for them doing absolutely nothing is there?

[indebtstudent]

OK brace yourself... I had a random thought the other night, why would they not respond at all. So I have just this second checked the paperwork, the court judgment has the wrong PO Box number on, its 5282 on the sheet not 5283. The crucial thing is it is our mistake, what if anything can be done from here? Have the court fees been wasted?

 

This is the trouble with doing things in your own time, I have absolutely no idea how I made such an obvioes error. HELP if anyone can.

[steven4064]

I think you need to ring the court and tell them of the error and ask their advice what to do.

[indebtstudent]

They don't give legal advice though, there's always the Ombudsmen as a backup like, best do this sooner rather than later.

[indebtstudent]

Apparently it can be resubmitted, it costs £45, I'll pay this as a goodwill gesture. Oh dear I appear to have gone native...

[indebtstudent]

Right so the situation is that I've totally messed up the court claim. I believe this is outside of the time limit for complaining to the Ombudsmen (unless there's any way round this) so I'll just have to take the fee hit to get it to court. Might as well start from scratch I think now that I have more idea what is involved.

[indebtstudent]

Does anybody know what the deadlines are for the Ombudsmen? Is there any way round this?