Sweet Talking Capital One! ***WON***

[foolishgirl]

They must just like writing to you Leyla!

 

Did the judgement specify a date by which Cap1 had to pay up? From my own experience I've found that the big boys seem to ignore the judgment order until they get the warrant of execution. I would apply to the court to send the baliffs in asap. It may cost you but Cap1 have to pay that too. Tee-hee

[LEYLA]

Just says they must pay "forthwith". Although in the notes, it does state it should be paid within one month.

Interesting that Cap One's letter does state that the balance has already been cleared with Capquest and that the refund balance would be received within 14 working days Guess that time scale not reached yet, as date was 9th July.

 

Must admit that I'm quite annoyed with Capquest, and really feel like stirring things up a bit, especially in view of default they also issued.

LEYLA

[LEYLA]

Oh nearly forgot to add, that letter from Capquest is from Litigation Department who are offering a settlement figure of £495.07 compared to amount Cap One say the've paid £990.14. They look forward to hearing from me by 31st July.

 

Dear Capquest, you certainly will be hearing from me,

but not in the way you're hoping!!

[foolishgirl]

NAUGHTY!!! :eek: That's fraud!

 

Are you saying Cap1 have already paid CapQuest the sum you owe but have not forwarded the balance to you?

If that is the case, I don't think I'd give them the month, I'd write now to Cap 1 with a reminder of the sum they owe you & a sweet reminder that the baliffs will be calling unless.... Also a copy to capQuest with a stinky letter reminding them of OFT guidelines on 'unfair practices' & 'harassment' not to mention the criminal offence under the Fraud Act 2006 S1/S2 which is can carry the penalty of a prison sentence :

 

'(1) A person is guilty of fraud if he is in breach of any of the sections listed in

subsection (2) (which provide for different ways of committing the offence).

(2) The sections are—

(a) section 2 (fraud by false representation),

(b) section 3 (fraud by failing to disclose information), and

© section 4 (fraud by abuse of position).

(3) A person who is guilty of fraud is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12

months or to a fine not exceeding the statutory maximum (or to both);

(b) on conviction on indictment, to imprisonment for a term not exceeding

10 years or to a fine (or to both).

 

2 Fraud by false representation

(1) A person is in breach of this section if he—

(a) dishonestly makes a false representation, and

(b) intends, by making the representation—

(i) to make a gain for himself or another, or

(ii) to cause loss to another or to expose another to a risk of loss.

2) A representation is false if—

(a) it is untrue or misleading, and

(b) the person making it knows that it is, or might be, untrue or misleading.

3) “Representation” means any representation as to fact or law, including a

representation as to the state of mind of—

(a) the person making the representation, or

(b) any other person.

4) A representation may be express or implied.

5) For the purposes of this section a representation may be regarded as made if it

(or anything implying it) is submitted in any form to any system or device

designed to receive, convey or respond to communications (with or without

human intervention)'

Full Act here: http://www.opsi.gov.uk/Acts/acts2006/pdf/ukpga_20060035_en.pdf

 

B....ds!!

[LEYLA]

Bless you Foolish Girl. What a great forum pal you are!

Wasn't too sure how to go about "laying the law down" with Capquest, but think this might help very nicely.

 

Haven't had a chance to get round to letter writing today; but will see what I can come up with tomorrow.

LEYLA

[LEYLA]

AHRRRRRRRRRRRRRR!!

Sorry for screaming, but absolutely steaming, I'm so angry.

 

Son has arrived back from Middle East (forces), so with all the excitement, seeing him and grandchildren, just haven't had a chance to sit and compose any letters.

While I had half an hour after lunch decided to phone both Capquest and Capital One - wish I hadn't!!

Capquest got pretty nasty, as I refused to give them either my home phone number or mobile number, said that as I wasn't prepared to go through security questions they could not enter any discussions. I hung up on them!

 

Next phoned Cap 1, where I was put through to a very young sounding girl who didn't seem to have much idea about anything. Explained about still getting communication from Capquest as they do not appear to have been paid, that I wanted it sorted out and basically where's my cheque??

 

According to her balance is at zero cos Capquest have been paid. My cheque sent 10th or 11th July in addition to their letter to court saying paid in full??

I said that was rather a long time ago, and strange that neither I or Capquest would appear to have been paid. Reply was - wait til Wednesday, should be there by then.

I reiterated that I had no intention of cancelling proceedings with the court until money received, and that Capital 1 was cutting thin ice on time scale. Met with very timid reply that there was no one she could clarify situation with, and phone call ended.

 

O.K. taking a deep breath - would appreciate further input from those more knowledgeable and been through this kind of thing before me.

Can any kind soul advise what I do now, or do I just sit it out and see what happens?

 

Hoping someone comes along soon, as I'm ready to blow a Gaskett.LEYLA

[foolishgirl]

Just as a reassurance I think I would phone the court pdq (before they close!)& just check that your case is still 'open' - you don't want them getting the wrong idea from Cap 1 that all is OK 'cos they've informed them that they've paid.

 

That then gives you breathing space over the weekend to muster attack for Mon.

[LEYLA]

Did manage to contact court with a couple of minutes to spare before they closed for the weekend. They confirmed a letter received from Cap 1 on the 16th, informing them claim paid in full. I was told to inform the court in writing that I had not recieved payment.

 

LEYLA

[foolishgirl]

OK, suggest you drop a note today to the court as instructed to ensure it's on record.

 

Sounds as though, true to form, Cap 1 are dragging it out to the 11.59 hour if CapQuest haven't received anything either.

 

Is Wednesday the date given in judgment for the payment to be made?

 

If so - know you're stamping your feet but IMO would wait until Weds, then if no payment received, be prepared to issue baliff's instructions on Thursday.

[LEYLA]

Just a quick update now Son's leave is over.

 

Post has been, but still nothing from Cap 1. Looking at Judgement form sent by court, it doesn't have a date on it, just states payment should be made in full within one month.

It's Cap 1 who gave a time frame of 14 working days from the 9th July. So am going to write to court and take it from there.

LEYLA

[foolishgirl]

Looks like they're either deliberately making you wait the full month or yet again their system has mucked up.

 

What date was the judgment actually made Leyla?

 

I don't think the court will look at papers etc. until the full month is up. However once it is, suggest you apply for the Warrant of Execution immediately. They have no option but to pay on that.

[LEYLA]

Well, well, well!! Don't know if it was the letters I sent last week, but positive results yesterday and today.

 

Heard from Capquest acknowledging they had been paid in full, and all docummentation being sent to Cap 1.

Today, received cheque from Cap 1 dated the 4th - talk about last minute!

 

Thanks for all your help everyone. Would have been totally lost and "stir crazy" without you. I have other fights ahead so will probably be calling for guidance from time to time.

 

CAG - I'm waiting for cheque to clear and then will be making donation. So very grateful to this wonderful site.

 

Love Leyla

[foolishgirl]

!!Hooray!!

Oh, Leyla - I'm SOOO pleased for you. As you say, about time!! And your patience has paid off (or up! )

 

Another one bites the dust - onto the next...

 

Best wishes FG

[steven4064]

Leyla

 

CONGRATULATIONS!

 

Well done

 

 

(I'll mark your thread as won)

[LEYLA]

Thanks Steven,

 

Money safely in bank and now cleared. Have just made donation as promised.

With Grateful Thanks,

LEYLA

[steven4064]

Thanks for the donation - that will go towards others getting ***WON*** at the top of their treads

[StokiePotter]

Hopefully my claim should have "won" sooner rather than later

"CONGATULATIONS" LEYLA 8)

[ukaviator]

Well done . . .great result.