Schmidlin v Capital One ***WON***

[Schmidlin]

Nice One Steven4064!

 

Cheers for that!!!!

[steven4064]

Hi all

 

Schmidlin sent me a copy of the POC by PM. The POC is pretty much the standard one with most of the changes I recommended in post #50.

 

The one thing that is missing is a statement near the end (between paras 17 adn 18 I suggest) that says that the default was for £xxx which is less than the charges unlawfully levied on the account. It is clear that, had the charges not be levied, the account would not have been in default.

[Schmidlin]

Hi Everydody,

Been getting a little bogged down with stuff lately so haven't managed to sort this out yet, but i'm doing it right now. Just a quickie tho, do I need to give the courts 3 copies of the n1 form as well as everything else?

 

Cheers for your help:grin:

[sea-sidelady]

Yes.

 

Take 3 copies of everything to the court.

 

N1

POC

SOC

And your fee. If you are on benefits, then take upto date proof.

 

The court will send a copy to Cap one, keep one and return one to you.

[1st Progeny]

Schmidlin

 

Bon Chance im about a week behind you with about the same £££ claim, ill probalby be asking you for advice

 

Keep us all informed

 

1st Progeny

[Schmidlin]

Anytime 1st Progeny, N1 Claim form filed at court today so just have to sit back and wait now!!!!

[sea-sidelady]

When you get your copy returned to you it will have a date which it is deemed served. The defendant has till xx/xx/xx to reply.

 

If they dont acknowledge the claim by this date, you win by default.

[Schmidlin]

Just asking really, whats the situation if they do not acknowledg???

[sea-sidelady]

Have a read of this link. If they havn't acknowledged by the date on your court papers, then this is what you need.

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

[Schmidlin]

Hi,

 

I'm a bit concerned at the fact that I haven't heard anything from the courts or crap 1 since i filed my claim on the 18th of April???

Anybody know what to do in this instance???????????/:confused:

[empowered]

Hi,

 

I'm a bit concerned at the fact that I haven't heard anything from the courts or crap 1 since i filed my claim on the 18th of April???

Anybody know what to do in this instance???????????/:confused:

 

Best to give your court a telephone call and check what is happening - normally you should have received your stamped copy of the N1 back within a couple of days of filing the claim.

[Schmidlin]

Cheers for that empowered,

 

I'll give them a call today and post the answer on the forum.

[Schmidlin]

Hi everyone,

 

Eventually got an answer from the courts, I should be receiveing an answer from Capital One within the next 5 days, don't know how the courts know this, but that is what they have said.

Hopefully they just give up and give me my money and take off the default!!!

[Schmidlin]

Hi,

Just to let everyone know,

I have had all my stuff back from the courts and they are now saying that Capital One have until the 23rd of June to respond to my claim.

Is this usual?, i've read quite a few peoples threads on here and I never thought it would take nearly 2 months to get an answer from the courts and then wait another 14 days!!!!

 

Anybody else heard of this and does this mean my case may get stayed?

[steven4064]

The court send Cap 1 a copy of your claim. They have 14 days to respond. If they say they are going to defend they then have 28 days from the date they receieved the claim to enter a defence. That is the normal timescale.

[Schmidlin]

Hi Stephen/everyone else,

 

I have received a letter from the court today stating "The defendant responded indicating an intention to defend all of the claim"

 

Can anyone help as to what I do next?

[WendyB]

Do nothing for now. capital One always say they are going to defend. But they never actually do. You'll probably get a leeter in the next few days from Crap One saying that your claim is a load of rubbish, and they would win in court, but as a goodwill gesture they'll pay up anyway.

Thats what usually happens. The end is in sight, you should get your money soon:D

[Schmidlin]

Thanks for that WendyB,

 

What happens about the default I want removing as well??????

[WendyB]

Sorry, forgot about the default removal.

 

Have you included the default removal as part of your claim on the N1? If so, you have to keep rejecting every offer they give you and keep the claim intact, until they cave in and remove the default. its highly unlikely that Crap One will ever turn up in court so just keep plugging away and follow advice..

 

have a read of MKAndy's thread, and Alphageek's. Both of them won with default removal so they are better placed to give advice than me, my claim didn't include default removal.

[Schmidlin]

Hi,

 

After reading MKandy and Alphageeks threads i'm a little confused at to which way to go.

I received a letter stating they will refund my whole claim of charges, but not said anything about my Default removal.

Does anyone have the best solution to this?

Do i accept the money as part settlement and still claim for the default? or do i decline the money as the default is part of my claim and keep both parts together?

I'm really not sure as to which way to go,

 

any help would be greatly appreciated.

[WendyB]

I believe you need to decline the offer and keep the whole claim intact. MK or alpha should be able to advise better on this.

[steven4064]

I think Wendy is right - if you acept the money they will tell the court that the case is settled and you will have aheck of a job to convince anyone otherwise.

[Schmidlin]

As I have received the letter stating I would get a refund in the next 14 days, should I send a rejection letter before I receive the cheque stating the above facts etc.?

I badly need this Default removed, but badly want the money as well, (catch 22 eh?)

Would it just be a standard rejection letter to send? I know there is one, but now can't find the right thread to find the letter!

 

Many thanks for your help

[steven4064]

If you are going to reject it, do it straight away. If you still get the cheque, send it back.

 

You don't need a template letter - just say "thanks for your offer but I notice you haven't included removal of the incorrect default. therefore i do not accept the offer and will continue the case through the County Court."

[Schmidlin]

Cheers for that,

Rejection letter will be sent today,

Will also send the cheque back as soon as it is received.

Do you know how long from now this should all take?

Or is it one of those suck and see jobs???

 

Thanks for all your help.