Looks like a result, I received a phone call from them yesterday, cheque on way plus all details of transferred payments. As a warning to others if a debt is transferred to AIC they request a standing order be set up, in my case no notification of settlement was sent so the standing order continued. When the debt is satisfied the details are archived but payments continue. Thank you Elsa and hope what happened to me warns others to check payments Kev

Thanks for that Elsa, I phoned them yesterday (recorded) and ended up speaking to a Mr McCloughlan. He said he remembered my letter and had asked one of his staff to establish how many payments were made and organise the refund. So it sounds like a result. HOWEVER if I havent heard from them within a week then this letter gets sent off and intrest gets added. Kev

Elsa do you mean the deadline I set or the deadline following a Subject access request. I have looked at the template for that and it will take a bit of editing as Allied International are not a bank. Kev

It was definately a standing order but I cannot remember setting it up. I know that a Standing order is set up by the payee but since they appear unable to justify it it does make an interesting case.

After registering for online banking I was checking my arrangements when I found out a payment to Allied International was a standing order for £30. This has been running for 5 years and not being able to remember what it was for I phoned them. What I then found out shocked me, they had no record of me on their system despite my payments. Eventually I was put through to a manager who promised to look into this for me. On the 21st June I received a phone call from the manager, they had found my details, it turns out they had been archived. I asked what the payments were for but they could not tell me. I then requested that all monies be returned to me, I was informed I would have to write for that. I wrote to them on the 26th June (special delivery which they signed for on the 28th) requesting all monies be returned to me by the 16th July, failure to do so would result in interest being charged at 8% compounded from 1st June 2005. As of yet I have not heard anything from them not even an acknowledgement of my letter. My question is am I entitled to take them to court. I have also cancelled the standing order.

We attended court on the 21st, Cap 1 asked for a set aside which I objected to. Cap 1 objected to CCI and said they had sent a cheque for the claim + stat. I explained if they had sent the cheque earlier we would not be here (and that the cheque has seemed to have been lost between banks). The judge asked if we woulde accept the stat interest and we said yes but it would also have to include the £55 fees for warrent. Cap 1 solicitor said he would have to get clearance from his clients so we adjourned for 45 mins. Guess what the solicitor was not able to get hold of cap 1 legal dept, and had to apologise to the judge. The solicitor agreed to the fees and asked for 3 weeks to pay---- I explained that it does not take 3 weeks to write cheque and the judge agreed in fact she wanted to make them pay there and then but gave them 2 weeks. Suprise suprise 2 weeks later and still no cheque. Will these people ever learn.

Guys starting a new thread as Cap One have asked for a set aside claiming they dont have to pay CCI. Can anyone who has won CCI please pm me or write in here the court details as I would like to point out to the judge that they have paid. Secondly can anyone who was informed Cap One intended to defend then paid out couple days before also let me know. Many thanks KM_S

Can Cap 1 use this in their defence?

Another letter in the post today from Cap 1, it is a copy of their terms and conditions which they say they have filed with the court. I requested a copy of the conditions which I had signed, there is no sign of my signature on them!!!!!.

Thanks Uk, we banked their cheque on Monday so it should clear by tomorrow at the latest, my only concern was that IF they manage to get a set aside they are going to fight to get it thrown out , would we have to pay back money in that case. Still it looks like its up to the judge on the 21st. it might help if I knew how many times they have paid CCI and how many cases they have said they will defend then paid out before case as I think that could sway the judge in our favour.

Letter from court this morning, Notice of hearing of application, it is cap ones application for a set aside, the reason they give is that they feel they have a real prospect of successfully defending the claim. They say they never received the original claim, I wrote to them on the 5th June informing them they had not responded to the court and I would give them a further 7 days to respond. They still didnt respond so I asked for judgement which was granted. They wrote on 29th June saying they would pay fees, costs plus 8% stat interest and we would receive cheque within 14 working days and they had paid some into our account. This wasnt done. Wrote again 14th July saying nothing received, and if it wasnt by 19th would ask for warrent of execution which we did. Not sure if cheque going to clear or if they will cancel it. My question is do they have a good chance of getting a set aside? KM_S

The total they have paid is the amount plus stat interest, my original claim was for cci. When the cheque has cleared I will inform the court what has been paid. I have had to pay another £55 for the warrent of execution due to their delay in paying so they can cough up with that as well.

Cheque arrived sat £1962.30 so as soon as it clears I will inform the court what they have paid, from what I understand I can object to the set aside and its then up to the judge. Should I advise cap one what I am doing?

Can a super duper helper contact me, Cap 1 have asked for a set aside dont know what I have to do. KM_S

Good Idea doo, I have emailed them so will have to wait for reply. Wonder if I will get CCI now as bailiffs will ask for the full amount. KM_S

Thanks doo but as the warrent has been granted the bailiffs could call on them any time. That could mean I might get full cci which would be an extra 2k. Is my proposed reply to them ok, I dont want to tell the court it is settled until there cheque clears. KM_S

This is my proposed response Claim number 7BV00708 Dear Mr Daley In reply to your letter dated 24 July 2007, I am afraid I have to inform you that due to your delay in replying to my letter, a warrant of execution (V0000303) was issued on the 23/07/2007, this warrant will be executed in the Nottingham County Court. As you were aware I wrote on the 14th July informing you what action I would take if the refunds were not immediately forthcoming. I have given you ample opportunity to settle this claim, even extending timescales, the fact you claim that you did not receive the claim from the court and to claim it is possible it was not received due to a fault with the postal system seems a lame excuse and one I am sure you would not accept from your customers. It strikes me that some of your staff have not acted in the correct manner, I presume you have procedures laid down to deal with complaints therefore perhaps you can explain to me why the person who was working on my letter dated 5th June did not respond to me. I believe that Capital One is responsible for the actions of its employees, therefore Capital One is responsible for not responding to the court. As I have said I have asked for a warrant of execution which has been issued, I will of course inform the court you have made a part payment of £769.53 but I cannot tell the court the claim has been settled as there is still moneys outstanding. Furthermore there is a fee of £55 for the warrant of execution, extra interest on my account, interest due to you not paying when you said you would. Yours sincerely KM_S

Great news Shar, take a look at my thread, wonder if the bailiffs will manage to get the rest of it for me. KM_S

Hey ho A letter from Cap One here goes 24 July 2007 Account Number xxxx-xxxx-xxxx-xxxx Claim Number 7BV00708 Dear KM_S Further to your letter of 14 July 2007, I have looked into the matter of the refunds and it does appear there has been an error and the money has not yet been placed into your account. I have today personnally arranged that, as stated in my letter of 29 June 2007, we have credited £769.53 to your account in order to bring it up to date and arranged to send you a cheque for £1962.30 which you should receive within 14 working days. I apologise for the delay in these refunds. In relation to the fact that we did not receive your claim, it is accepted that you wrote to us on the 5th June 2007, however this letter was not received by our Legal department. It would appear that this letter went to our complaints department and was incorrectly worked by a menber of that team. We acknowledge every claim we receive and it would be of no benefit to us if we did not. As we receive numerous claims each day it is entirely possible that yours was not received due to a fault with the postal system. I do hope that the refunds as detailed above and in my last letter are satisfactory and that you will now contact the court and inform them that the claim has been settled. Yours sincerely Graham daley etc etc Well what aturn up, there is only a couple of snags with this letter, first that have not mentioned about the bailiffs fees, second they are responsible for their staff, third missing papers in post hummmmm maybe its their postal system and they are responsible for credit!!!, what about the extra interest they have charged me and finally what about the extra interest I have lost out on. I shall write to them informing them of these facts and informing them that I shall not be informing the court the claim is settled until all moneys are cleared into our account. I have checked our account, they have paid the £769.53 to the account and so I will have to let the court know about that. Any folks comments please........

Hey im not down, I find it quite amusing really, face it how often do you get chance to send the bailiffs into a bank !!!!!

Hey who taking my name in vain lol. Seriously Crap one said in their letter dated 29th June they had already paid money into my account and would recieve a cheque withing 14 working days. Neither of those points have happened so I had no option, however having checked details about bailiffs they can ask for a set aside if they claim they hadnt received the claim. Thye snag they might come up against is not only were they advised about a claim by recorded delivery but if they ask for a set aside after 28days of being advised about claim "they have to have a very good reason to set aside". I am going to phone Nottingham court tomorrow to see what the situation is and hopefully find out contact details for the bailiff who will be calling ----- not that I would let the national press know!!!!!!!! KM_S

It means that the Bailiffs have a warrent to go in, not sure when they will. I believe they write to them first telling them to pay if they dont then they can sieze goods.

Had a letter from the court today:- A warrent has been on 23/07/2007 Case No: 7BV00708 WT No: V0000303 WT Type: Execution Defendant: Capital One (Europe) PLC Blf Area Court :Nottingham Oh how id love to see the Bailiffs go in. KM_S

forestrich not sure I like your attitude and im sure im not alone, however I will ask you one thing, can you explain why you are on this site as you obviously disapprove of what it stands for. Any mods care to comment?

Hey guys First of all we are here both to reclaim charges and help each other, there is absolutely no point in putting people off claiming (paintball please note) and please try and keep it friendly. Right now I have got that off my chest just to keep you folks in the picture last friday filed for "Execution of Warrent", Cap 1 will get notice of intended visit of bailiff if they do not act. They can ask for a set aside as they claim they didnt receive the claim but it might not go down to well with the judge when a letter informing them that they hadnt responded to the claim was signed for on the 5th June and even giving them more time to respond. The other aspect I have done is (all doubters of cci take note) give the judge the option of calculating stat interest should he feel cci not allowed (the old saying of "cover your 6" is good here). Anyway we will see what happens. KM_S