Andy v CapOne

[ukaviator]

Andy

 

I would file for judgment on the outstanding amount. You have the upper hand here, just make sure you tell the court that they have sent a cheque for some of your claim.

[andyford2000]

the only thing that concerns me is;

 

1. They have paid what they deem to be the correct amount less interest.

 

2. Have not filed any defence

 

3. Nor removed or mention removing the defaults filed on my credit files

 

if i was to file for judgement, couldnt they then contest it and therefore defend it at a later date.

 

 

confused

[ukaviator]

Have you heard anything yet Andy?

[brownie24]

Hi Andy

 

Any updates yet?

 

Still no response to my letter, but I suppose I'll give it to them that it has been crimbo . With regards to me issuing judgement I have now done this and did so on 30th December, I was told that this would be served on them within 5 working days, so by the end of this week they should have this and I have asked for payment of the full amount of claim immediately:D. Hopefully now I will have won my whole claim plus CCI, afterall they have not kept to the official order made by the judge.

 

Due to their ignorance and inability to ever provide me with the info requested i.e justifying that their charges are fair and a true reflection of their costs, and that they never had any intention of defending such claim I am also going to try them for wasted costs, i managed to get this from Abbey National last year so fingers crossed, I'll keep you up to date.

 

Brownie24:)

[andyford2000]

well an update,,

 

seems that they have filed a defence after all, suprising really. please find attached scans of defence. I have also been sent an allocation questionaire which i have to pay £35 for to file.

 

please could I have some kind of expert opinion of what to do next, many thanks in advance

 

 

 

[maroondevo52]

Could you remove your personal details please

[andyford2000]

oops thought i had, is that better now

Edited January 9, 2009 by andyford2000

[andyford2000]

Bump

[andyford2000]

anyone

[ukaviator]

It looks like they may turn up on this one Andy. The purchase rate of interest is what they say was charged. What APR did you see at the purchase rate?

[andyford2000]

not sure, on my application form it said i have gone off their credit card agreement they sent me, which says 22.13% even thought i never signed it.

 

have i made some kind of monumental cockup here; one of the main things i need them to do is remove the adverse comments and default notice from my credit files, they defaulted my account whilst it was in clear dispute !!!!

 

[andyford2000]

bump

[brownie24]

OMG Andy I too am now in the same position as you......dooohhhh!

 

I have returned the cheques to Cap One and was going to fight it out for CCI and default removal and they have now submitted a late defence. A bit worried now about going to court .

 

Because they submitted a late defence and I had already filed for judgement I have sent the following letter to the judge. I have been told that it has been referred back to the judge for his orders so hopefully he will take my comments into consideration, I will keep you posted

 

I respectfully, and strongly oppose the late defence now submitted by Capital One Bank Plc.

I believe that Capital One Bank Plc has behaved unreasonably in their approach throughout this claim, They have failed on every opportunity my requests made of them to provide evidence of their actual losses or pre-estimate of costs in relation to the account breaches. I also believe that Capital One will fail to actually defend this claim in court, and will in fact eventually settle in full before the court date as this is a tactic they have used in various other claims of this type; I will provide evidence and claim numbers of such if required by yourself. The defence they use is just a standard blanket defence which they always tend to submit but fail to justify in court. Their actions in defending this way only puts a strain on the court system.

They have already failed to fulfil your order made of them dated 27th November 2008 and it appears that only once they were made aware that judgment may be entered did they in actual fact decide to submit a defence.

May I draw to your attention an article from BBC News on Monday 14th May 2007 by Ian Pollock – “Judge warns ‘unreasonable’ banks” in which Judge Mackie makes the following statement:

“Looked at in the real world where there will be no trial these steps, which place completely pointless work and some anxiety on litigants in person constitute unreasonable behaviour.” He then goes on to say, “From now on we will generally be treating such conduct as unreasonable behaviour thus enabling any claimant who has been put to unnecessary work and inconvenience to be compensated for this.”

Therefore under CPR27.12(2) (g) I may look for the court to award me these costs, or such that it deems appropriate should Capital One choose to further waste my time.

Therefore I seek that judgement shall still be entered against them as per your order dated 18th December 2008.

I hope you are able to take my comments into consideration and look forward to your response in the matter.

 

[brownie24]

It looks like they may turn up on this one Andy. The purchase rate of interest is what they say was charged. What APR did you see at the purchase rate?

 

Uk in terms of them paying out on either CCI or purchase interest rate do they not tend to pick and choose......I have read some threads where they have agreed to pay out on CCI - but in these cases purchase interest has amounted to more and others they have not paid out on CCI and offered to pay out on purchase interest only as this was the lower figure!

[andyford2000]

more confused now, just dont know what to do

[Audreygreeneyes]

Ok Andy & Brownie.... dont panic... this is the standard defence they have used inthe 3 claims I have done, my mothers, my best friends... and they also used it in mine.......and we all know how that one went...lol

 

remember they have an additional 14 days because they submitted their defence..... it is almost word perfect for the ones I have....

 

I claimed 15.9 and got it, same as the other 3 ...so lets wait and see what they do now...

 

Andy fill in the AQ my mother did.....

 

This is just their normal game plan..... all the support and help you need is here.....even if you need someone to go to the court with you for the hearing if it got that far...... that was done for some of the bank charges claims... people who lived int he same area...

 

Now you can have my template latters if and when required.... I will help you draft letters if you want.....

 

I know it is daunting but honestly, please believe me, it can be done....look at my claim......hell I even sent the bailiffs in....lol

[Audreygreeneyes]

brownie did you file before they submitted

[brownie24]

Audrey

 

Would you beleive that I the day I filed for judgement they also submitted their defence!!! Just my luck, I had been on my way to the court to file the day before but had computer probs so got held up!!!!

 

I will be sooooo annoyed if their late defence is accepted afterall it appears that they only did so once they received a copy of the order from the judge stating that I could file for judgement.

[andyford2000]

my sticking problem is the CCI interest rate i am claiming for I have asked 22.13% i am worried i could lose because I have claimed the wrong amount

[brownie24]

This is just their normal game plan..... all the support and help you need is here.....even if you need someone to go to the court with you for the hearing if it got that far...... that was done for some of the bank charges claims... people who lived int he same area...

 

Looks like I could take you up on your offer of help should I need it as I notice from your thread that you went through the Nottingham CC, well I'm just down the road at Derby CC...........That's if you don't mind helping out a Derby County supporter....lol:lol:

[andyford2000]

please can someone tell me the way forward, or is it a case of throwing the towel in

[andyford2000]

right can you believe I have just received this letter today from capital one, i really need help now, I have to have my Allocation Questionnaire filled in and filed on Monday at the latest. please help someone

 

[andyford2000]

anyone

[sunflower99]

right can you believe I have just received this letter today from capital one, i really need help now, I have to have my Allocation Questionnaire filled in and filed on Monday at the latest. please help someone

 

Hi Andy! Just bumping your thread but

is this for real! They are chasing you for 48p LOL,

[sunflower99]

I mean a partial settlement flagged on credit report for sum of wow 48pence!!!!