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

[foolishgirl]

Hi Leyla - I'm joining you, my N1 goes off this week. Will be watching your progress - Good luck...

[foolishgirl]

Obviously LH doesn't know about RH! Don't panic re. letter above - there's loads of time to sort out.

 

However to fill in the details & find way forward, if your claim was settled in full would it completely offset the balance on your account?

[foolishgirl]

Can't believe Cap 1 are SO stupid! Sorry, yes I can!!

 

I understand the rules on time limits are:

Count clear days (eg. Day 1 counts the day after a notice is served) incl. weekends & Bank Hols unless the time limit is less than 5 days.

The court will usually put a date on the docs etc. but if you are unsure, call them to confim.

[foolishgirl]

You need to count 28 clear days from 5th June - I make it 3 July. But please double check to satisfy yourself. From previous posts re. cap1 it sounds as though you may get your cheque before then though.

[foolishgirl]

Good on you, Leyla. Days are counting down to success...

 

Like your smilies BTW - where did you get them?

[foolishgirl]

Thanks Leyla for the info - I've not seen those before, they're really cute!

[foolishgirl]

Full £12.00? Seems to depend on the credit card company & how far you want to push it i.e. to the court door & maybe beyond..

[foolishgirl]

Well done Leyla!! Finishing line in sight - don't let up on the momentum.

 

See you after you've found the bank...:)

[foolishgirl]

Oh, just opened post - cheque from Cap1 on my claim. Hooray!

 

Nowhere near the amount of yours Leyla, so no champagne or fireworks, more like a glass of cider. But it's the principle that counts & if they had paid up a decent amount in the first place & not claimed their calculations were correct when they weren't, they wouldn't have landed themselves with court costs to boot. Their CEO must be stoopid to condone a policy like this. Anyway their loss is mine & CAG's gain - donation on its way.

[foolishgirl]

Thanks Leyla & Steven for the congrats.

 

This was a simple one - my big challenges are yet to come. Hey, ho...

[foolishgirl]

Wow, Leyla - I'm delighted for you! Just get the money in the bank now.

 

Wonder if Capquest will still write you sweet nothings?!!

[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

[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!!

[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.

[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.

[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.

[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