keren29 v Capital One **WON**

[keren29]

I've received notice of acknowledgement from the court today.

 

I've also received a letter from Robert Udy dated 30 August (probably before they got the court claim) saying he will refund me £72 (I'm claiming £288 plus interest) as a gesture of goodwill and it will be sent by cheque inthe next 14 days.

 

What do I do now? Wait until the cheque comes, bank it and wait for the solicitors to contact me and then tell them when I'm asked? Write back to him and say yes please to the cheque, but I've issued a court claim and will pursue the rest? Or say, no I don't want the cheque as I've already issued a claim and it is with your solicitors?

 

Not sure - help!

[Michael Browne]

Write back to him and say yes please to the cheque, but I've issued a court claim and will pursue the rest?

 

Or say, no I don't want the cheque as I've already issued a claim and it is with your solicitors?

 

 

Either of the last two are perfectly reasonable, really it's down to whichever you feel most comfortable with.

[keren29]

How does this sound? (thinking it up as I type)

 

Dear Mr Udy

acct xxxx

 

I am writing in response to your letter of 30 August.

 

Court Claim 6QZ58462 was issued on 27 August 2006 at Northampton County Court for a total of £288 plus £129.48 interest and acknowledged on 4 September 2006 by Legal Specialist Wendy Starr acting on behalf of Capital One.

 

Whilst I am willing to accept your offer of £72 as part payment, I will be continuing with proceedings for the remainder. I am willing to withdraw the claim with the courts if the full amount of £417.48 plus the incurred court charges of £50.00 is forwarded to me by return post in the form of a cheque.

 

love and kisses etc.

[Michael Browne]

Perfect.

[keren29]

excellent

 

I'll copy and paste it now (including or excluding the love and kisses bit? ) and it will be off first thing. Even if I get the cheque it is a start, i've had to hammer my CC's and bank account to pay for the court charges and the AQ I've paid for with my 4 claims I need to start getting something back!

[Michael Browne]

I'll copy and paste it now (including or excluding the love and kisses bit? )

 

I thought that was the best bit, you'll probably get a signed photograph of that nice Mr Udy by return!!

[keren29]

I think it will be a photo of a bowler hat, sunglasses and a cigar........the invisible man.......

[keren29]

How far are Cap One going before paying out? The threads all seem to stop at 'they are going to file a defence' and then it all goes quiet!!

 

Are they paying out rather than putting in a defence? Or going on further. I'm going to have another look, but can't see any where AQ's are involved etc.

 

Maybe my last to be filed will be the first to pay out!

[pugsley]

there is a survey on the main page that show the stage they have been paying out, although times change, as smile bank were one of the best and are now not paying anyone

[keren29]

the survey says capital one average stage is a 2, but I haven't seen any threads where a defence has been submitted, let alone an AQ - maybe they will pay out rather than submit a defence (hopefully!)

[keren29]

i've had the cheque for £72 arrive today. It was dated 30 August, so they obviously didn't wait for a few days to see if I accepted or not!!

 

What should I do? Send it back saying thanks but no thanks, keep it and write to say thanks but I also want the rest or keep it and wait to hear from Capital One and then take it from there (as they say they are looking to defend).

[Michael Browne]

Keep it simple. Send the cheque back:

 

Dear Sir

 

Thank you for your letter dated xx/xx/xx and settlement offer of £ XXX

I have aready filed a claim in the small claims court and therefore I respectfully decline your offer of settlement and return your cheque.

 

I request, once again, that you return to me all charges imposed on this account, together with court costs and s69 8% interest now totalling £xxxx

Yours sincerely

[keren29]

Will do! Although I am hoping that they will make offer of full payment. I can't find any threads with details of a defence submitted and nobody seems to have done an AQ with them.

 

Here's hoping I'm not the first.

[Pixlmixer]

Hi Keren,

I haven't seen any either? Will keep looking and keep you informed...

I have just received their 'we need 4 weeks to think about it' letter after receiving my LBA last week. They have shut down all access to my account - on line and off. I rang them this morn to ask why. They said was I calling regarding their letter, I said yes and cos my account is locked - why? They said it is because it is in arrears altho it is actually in credit now?!?! Very annoying...

I then informed them I would be proceeding with my claim against them in the time stated in my LBA and that that was sufficient time given the size of their organisation blah blah and would the nice man like to add that to my notes (saving me the trouble of another letter tho I guess I should put that in writing).

Anyhow, good luck keren...

[keren29]

I'm claiming from a closed account, I've checked MCOL again today and it hasn't changed to 'defence' yet. Because they acknowledged they still have at least another 10 days yet though.

 

Still haven't found a thread with a mention of a defence though.

[keren29]

Settle in full letter received!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

£467.48

 

woohoo!!!!!!!!!!!!!!!!!!!!!

 

I shall be signing the settlement letter, and will tell the court to withdraw when I get the cheque.

 

Donation on its way as soon as the cheque arrives/clears

 

Last claimed, first to pay - Citicards and Abbey take note!!!!!

 

Please can a mod change my thread to settled in full

[Michael Browne]

Excellent!!

 

Look here:

http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html

 

Well done enjoy the dosh!!

[dan.b]

hey WELL DONE!!! I'm involved in a similar thing...

My main focus is on getting the CCJ removed though, any luck with that?