EGBB vs CAP1 N1 Filed ***WON***

[egbb]

Well after lurking in these forums for some time, I've bitten the bullet and put in my claim against CAP1. Quite a daunting experience going to the court, I felt like I was going to appear before the judge for something I'd done wrong.Thankfuly, no judge, just a nice court clerk who took my money and that was it. Quite a relief really knowing that I'm going to get my money back.Claimed deemed served as of today so now the waiting begins.I'm going for £686 in charges plus cci at 29.95% plus costs plus what I've described as my self litigation fee of £200 to cover all my time and expenses in negotiating, research etc. Plus default removalI understand that cap 1 usually settle quite quickly so hopefully will have the money in time for christmas and the kids can have the Wii they desperately want (assuming I can find one anywhere)

[WendyB]

Well done on getting this far. They usually pay up fairly soon after you've filed. Not sure you can claim self litigation fee though.

[egbb]

Thanks Wendy,The self litigation fee I feel is fair, as I am fairly confident that they will pay up prior to a court hearing, and once I've accepted their offer, applying for a wasted costs order would be futile, so I thought I'd bang it in with the claim.On the POC, I've put it downs as ".... to compensate for time, materials and expenses incurred during negotiation with the defendant, preparation and filing of court papers and attendance at court hearing"

[egbb]

Still heard nothing from Cap1, they have until Friday to acknowledge service.

 

Just a couple of questions:

 

Assuming that they don't acknowledge service, how long do I need to wait before requesting judgement, or can I go for judgement on Monday?

 

Once judgement is made, or they acknowledge service, how long before they pay up?

[egbb]

Still nothing, only one more day to go before I can request judgement.

 

Is there a time limit for them to acknowledge service on the last day, i.e 3pm, or is it when the courts close on that day?

 

I'm hoping they won't acknowledge and then the we can have a fantastic christmas courtsesy of our hitherto unknown capital one savings plan.

 

Anyone know where I can get hold of a wii????

[ukaviator]

They do take it right to the last minute to respond. After they acknowledge intending to defend, they pay up shortly afterwards.

[egbb]

Notice received this morning that they intend to defend the claim, ah well, never expected it to be easy.

 

Am I right in thinking that they now have until the 30th to pay up (claim deemed served on 2nd Nov) or is it 28 days from acknowledgement of service?

[egbb]

They have also changed the company details on the claim, so maybe a mod can alter the sticky for the claims, it is now:

 

CAPITAL ONE BANK (EUROPE) PLC

Legal department

Loxley House

Station Street

Nottingham

NG2 3HX

[dpick]

Hi I received my offer letter two days after I got the letter from the court to say they had acknowledged and would defend in full. I have found from reading Cap1 threads that they make you an offer approx three to four weeks after they have been served. The only time I have seen them try to fight is if you are trying to get default removed at the same time as charges and they still try to just pay charges without default removal.

 

all the best dpick:)

[egbb]

Still not a dicky bird from cap1, looking at other threads, my times are a few days ahead of some others who have received their offers. Ah well, maybe need to start getting the court bundle together.

[mkandy]

You shouldn't need to mate. I'd expect an offer in the post very soon, minus the default removal though. They will definately contest that all the way.

[egbb]

Well surprise surprise, the post has arrived, cap1 have made an offer!!.

 

Full refund of all fees charged

Purchase Interest

8% S.69 Interest

DEFAULT REMOVAL!!!!

 

Have spoken to the other half and have decidecd that we will accept as it's a fair offer, not quite what i hoped for cci wise but will be usefull for xmas.

Anyone got an e-mail address for them as the 14 working days for the cheque to be sent plus clearing time will take us to AQ time.

Was hoping I might be able to persuade them to make a BACS transfer.

 

Tried ringing bu no joy from call centre in India, did however get a nice freephone number for their legal department, but couldn't speak to them as I can't remember my security answers.

 

The freephone number if anyone needs it is: 08009524914

 

Donation on way when money in the bank

[egbb]

Deleted

[mkandy]

Default removal?! How? Why?! Damn you! I mean CONGRATULATIONS!

[WendyB]

Result! Congratulations on your win!

you could try firstname.surname@capitalone.co.uk Someone at Crap One told me this is the format for all their email addresses. I tried it myself but got no reply though. Don't think they'll do a BACS. My cheque arrived after 12 working days.

Make sure the defualt does actually get removed. You should tell them you won't be discontinuing the case till its gone. Not surre if you can request further time on the AQ. You could try ringing the court and explaining the situation and see what they advise.

[egbb]

Have e-mailed Ellie Renshaw the following:

 

Dear Ms Renshaw,

 

COUNTY COURT CLAIM NO 7NU015550

 

I write with reference to your letter dated 16th November which I received this morning offering settlement for the above county court claim.

 

I am willing to accept your offer as full and final settlement in this matter, however please be advised that untilsuch time as cleared funds have been deposited into my bank account and I have evidence that the default has been removed from the files of the relevant Credit reference Agencies, I will not advise the court that the claim has been settled in full.

 

Please also be advised that 14 working days from the date of your letter plus 3 working days for the payment to clear in my bank account will take you outside the time allotted by the court prior to a hearing.

 

In order to expedite this matter can I suggest that the payment is made to my bank account via BACS transfer . If this is acceptable please request the account details by email at the following e-mail address: xxxxxxxxx@xxx.co.uk. An organisation such as yours should have no difficulty in making such a payment immediately.

 

Thank you for your prompt attention in dealing with this matter and I look forward to receiving your payment shortly.

 

Yours faithfully

 

EGBB

cc. Legal Department (FAX)

 

Thanks to al of you here for your support and advice.

MKANDY might be worthwhile giving them a ring on the freephone number advising them that you are aware of a number of cases that have settled with default removal prior to hearing and you will use this as evidence in your hearing and see what they say

[WendyB]

sorry that email address was slightly wrong, there shouldn't be a space between capital and one

[egbb]

Thanks Wendy, it hasn't been returned as undelivered, so hopefully she got it.

 

They refused to pay out on my self litigation fee, so time to look at a wasted costs order, anyone had any success with cap1 and these?

[ukaviator]

I have'nt tried the wasted costs order with Capital One. People normally are happy with the full refund then move on.

 

Congratulations on the default removal as well. Purchase interest i expected instead of CCI. As long as your happy that's the main thing. Going to court for CCI alone is risky.

 

Is that the view from your Tower?

[egbb]

Sadly no, we're at the other side of the airfield, just a load of C550's and an ATR72 to admire on the apron, all the good stuff is on the east side of the runway.

[ukaviator]

 

Like this one?. .

[willtheywontthey]

Congratulations!! Good to hear there is light at the end of the tunnel!

 

I'm hoping the Ombudsman will be as effective - although have given C1 one more chance to pay up in full!!

[egbb]

 

 

 

And This!!!

[ukaviator]

Nothing there . .

[egbb]

Photos: ATR ATR-72-202(F) Aircraft Pictures | Airliners.net