matrix2012
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I am quite happy to limit my claim to £5000 everything inclusive considering the headaches I might get by leaving the small claims area.
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It will be a lot more complicated since I suffered financial loss as a result of the default. I also intend to bring the 6 months of harassment via telephone and letters into the claim as this has been done after they were clearly told that the account was settled since 2009.
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Also in my situation there is not an issue of loosing the court case since Capquest already admitted liability and removed the default.
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Thank you for the advice. I am familiar with Durkin's case and I will use the money claim online service to issue the claim. Is there a certain wording for this or I can enter the particularities of the claim in my own words? I am also not sure if I need to enter things like " The claimant relies on the paragraph bla- bla of the Bla-Bla act in order to support his claim". I had another battle with Vanquis over the same issue about 6 years ago and that settled out of court. Unfortunately I cannot find any paperwork.
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Could anyone post a link where I can find any templates or information relating how to fill the N1 form for this type of claim ?
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If you don't mind me asking do you have a template available for filling the claim ? I have been looking on the forum in the library section and I did not find anything I could use.
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I noticed my thread attracted a lot of attention. As I previously advised I sent Capquest a 14 day Letter before Action and although they received the letter more than three weeks ago they failed to respond. It is now time for court action. I was wondering if anyone can advise or has got any templates I can use for the court action. I also wish to claim for distress caused by the harassment via telephone and letters. Any help would be much appreciated.
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I will do that and let you all know the outcome. Thank you very much for all your help. This is indeed a very CRAP QUEST.
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Is there a letter before action template I could use for this type of case? Or it's just a standard letter informing them of my intentions of court action and giving them the opportunity to sort the matter out? I am sorry, I am not very good with this stuff .
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It's not a matter of time. I can wait as long as it takes.I bet they have done this to other people. I hope I manage to get a judgement entered against them to enable other people to use my case as Common Law. That would be cool !
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I have proof of email correspondence between myself and the person who dealt with my complain that I gave them nearly one month to sort the compensation matter out after they removed the default. As I previously mentioned they are hoping that I will drop the whole thing.
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The default on my credit file did show Capquest and not Natwest.
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Capquest invited me about three weeks ago to prove that I had suffered financial loss as apparently they wanted to sort the matter out in an amicable way. After I emailed them the information I heard nothing else apart that they will consider my request. I am pretty sure they are hoping I will get bored and drop the whole thing. All I need is some advice on how to fill the N1 form or what to put in the claim particularities.
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It was sent via special delivery and delivered the next day.
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I already submitted a request under Data Protection Act 1998 to Natwest as I wanted to see what they were playing at. After nearly three months they have not cashed the £10 check or responding to my request. I will report them to ICO in due course.
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