How do I proceed?? ***WON***

[skintboy69]

Greetings Dudes. I wonder if some kind and knowledgable soul can give me some advise.

 

I started a claim against Cap One mid 2007, sent all the usual letters and received the usual pitiful 'gesture of goodwill'. This I declined and sent my LBA to which I received no reply. Unfortunately, at the time I was unable to find the necessary cash to meet the court costs and that's where it has been left since about October '07.

 

The question is (or rather the questions are):

 

Do I start again from scratch or just send a new LBA?

 

Do I re-calculate my Schedule of Charges up to the present?

 

Should I settle for 8% or go for the throat?

 

I no longer owe them anything at all. Does that make a difference?

 

They filed a default against me some years ago and I would like to have it removed. Should I do that at the same time as my claim or is it better to deal with it as a seperate issue?

 

Keep the faith. 8-)

 

T.

[steven4064]

Hi T

 

Repliesv in red

Greetings Dudes. I wonder if some kind and knowledgable soul can give me some advise.

 

I started a claim against Cap One mid 2007, sent all the usual letters and received the usual pitiful 'gesture of goodwill'. This I declined and sent my LBA to which I received no reply. Unfortunately, at the time I was unable to find the necessary cash to meet the court costs and that's where it has been left since about October '07.

 

The question is (or rather the questions are):

 

Do I start again from scratch or just send a new LBA? Just file in court - they have had plenty of warning

 

Do I re-calculate my Schedule of Charges up to the present? Yes

 

Should I settle for 8% or go for the throat? Up to you - just make sure you understand the issues (see my INterest Tutorial if you have any doubts)

 

I no longer owe them anything at all. Does that make a difference? No

 

They filed a default against me some years ago and I would like to have it removed. Should I do that at the same time as my claim or is it better to deal with it as a seperate issue? You must do it at the same timne to stand any chance of success

 

Keep the faith. 8-)

 

T.

[skintboy69]

Hi Steven. Thanks for the advise. I'll drag out the old paperwork and wind up the pocket calculator again.

 

Just one more question: is the 8% simple or compound??

 

Apologies for being thick as s*#t

 

Keep the faith.

T.

[steven4064]

SB

 

THe 8% is simple interest (section 69 of the county Courts Act 1984)

[kibby]

Hi Skintboy

 

I was in the same position as you. I filed all the papers last year LBA etc and only got round to lodging my claim against capital one in October this year.

 

I'll keep u posted how it goes.

[skintboy69]

Thanks for the encouragement Kibby. Keep me posted.

 

I think Barclaycard are going to foot the bill for this one. :-D:-D

 

Keep the faith.

T.8)

[skintboy69]

I'm finally back on the case. I wasted far too much time on BC but the papers are now in and I've got a bit of time on my hands.

 

I spent a happy half hour, last night, re-calculating my SOC and was pretty pleased with the resulting figure when it occured to me that Cap One passed my account to a DCA in April '05. At that time all interest charges stopped.

 

The question is, do I claim interest charges up to that date or up to the present? If it is up to the present, what is the justification? (apart from them being thieving gits and deserving everything they lose )

 

Any thoughts would be most welcome.

 

Cheers, T.

[Audreygreeneyes]

Hi skint a couple of questions

 

when they passed your account to the DCA did they still levy charges?

 

and if you have already put the papers in, have you missed out the interest altogether?

[skintboy69]

Hi Audrey.

I read your 'bailiff' thread last night. Absolutely brilliant.

 

I think I have confused you with my last post. The papers I have filed are for Barclaycard not Cap One.

 

When Cap One passed my account over to the DCA - I think they probably sold the debt - there were no more interest charges or, indeed, any kind of charges levied. The balance at that time was about £1400 and I paid it off at £50 per month until it was cleared about January 2008.

 

As I said, earlier on this thread, I started the ball rolling in 2007 but, when the time came, I couldn't raise the cash for the court fees.

 

I can scrape it together now and would like to get the claim moving again, but I don't want to screw it up by claiming more than I am entitled to and giving them the opportunity to roast my a*~e in court.

 

 

Cheers, T.

[skintboy69]

Finally got round to dropping Cap 1 a line about a week ago. Today I received the standard letter offering the difference between £24 and £12

plus £10 as a gesture against interest charged.

 

Ellie must be going soft.

 

I will send, tomorrow, a combination LBA/rejection/ pay up or look out letter and see what drops out.

 

Keep the faith.

 

T.

[kibby]

Hey Skintboy,

 

I went ahead and filed the claim against capital one. Within about 2 weeks they replied with the usual blah blah blah stuff....... we do not admit liability but heres your money back.

 

Keep at it

 

Kib

[skintboy69]

Yo Kibby. The letter went off this morning by recorded delivery. With luck they should receive it tomorrow. I hope it spoils their corporate weekend.

 

I threatened them with Interest in Restitution at their typical rate of 34.9% . That adds hugely to the claim. I hope it will focus their minds and pursuade them to pay up. If not, the N1 is filled in and ready to go.

 

I'll keep you updated.

 

 

Keep the faith.

 

T.

[skintboy69]

I am not surprised that Crap 1 have not responded to my LBA. (I have even given them a couple of extra days). So I have just about finished my POC and am about to fill in the N1 form.

 

I have just one small question. Which address do I use for the N1? Is it the Station Road Nottingham one or the Registered Office in London?

 

I am hoping to deliver this lot to the court tomorrow. The sooner it's started, the sooner it's finished.

 

Keep the faith.

 

T.

[skintboy69]

This morning I received a letter from Ellie saying that her original offer was her final response so like it or lump it.

 

What she doesn't know (yet) is that I issued my claim at the court on Friday, so in a week or ten days she will get a surprise in her morning post.

 

I love to brighten their days.

 

Keep the faith.

 

T.

[skintboy69]

I received this morning a 'Notice of Issue' from the court. The claim will be deemed served 30th March and they have until 13th April to respond.

 

I can hardly wait.

 

Keep the faith.

 

T.

[skintboy69]

I received a letter from Ellie today. It was written 30th March (the same day my claim was deemed served).

 

Crap 1 have agreed to repay all charges plus interest at their own compound rate plus interest at 8% plus court costs. You will, of course, understand that I have no ligitimate claim against Crap 1 and all this is just a gesture of goodwill. :lol:

 

There are still a couple of i's to dot and t's to cross - like she says I will have the cheque within 21 days (I think not!!), but I believe I would be justified asking someone to mark this thread WON.

 

Now can I apply for a wasted costs order to cover my time and out-of-pocket expences???

 

Keep the faith, and keep the pressure on. They will pay up.

 

T.

[maroondevo52]

Hi, skintboy.

 

Good stuff, congratulations

 

I'll stick a ***WON*** on your title.

 

Regards.

 

Scott.

[skintboy69]

Thanks for that Scott. I'll sort a donation as soon as I get the cash and there's no way I'm going to wait three weeks for it.

 

I'll phone Ellie in the morning and sort the few final issues. They have until 13th April to send in a defence - which they aren't going to do; in fact Ellie says they have already written to the court saying they have paid. This isn't actually true so if I don't have the CLEARED funds in my hot sticky little hand by 13th I will ask the court for a judgement against them.

 

Is there any milage in a wasted costs order, do you think?? I want these guys to suffer.

 

Cheers, T.

[CardFight]

Congrats Skitboy !!!!!!!!!! I've been following your thread with interest... Great result you got there ( all that interest payment ! good man )

 

CardFight

[maroondevo52]

 

Is there any milage in a wasted costs order, do you think?? I want these guys to suffer.

 

 

Hi, sorry, I'm not to hot with wasted costs, but know a man who is

Don't think he's online tonight, but I'll ask him to look in when he's on.

 

Cap 1, paid me pretty pronto, so hopefully you'll not have to wait too long.

 

Regards.

 

Scott.

[skintboy69]

Thanks again Scott. I'll watch and wait for a couple of days.

 

Yo Cardfight. Thanks. I would never have done it without this most excellent site.

 

I lived in dread of my creditors - and there were a lot of them - for years, but finding CAG has turned my life around (not to mention my bank balance) .

 

It's a walk in the park so long as you follow the guidelines and advise you find here. All you have to do is keep your nerve and keep the pressure on.

 

Keep the faith,

 

T.

[loobyloo35]

Have read this thread with interest and am now in the same position.

 

Crap 1 owe me £1007 in refund of charges & interest etc and they offered me £138 a few weeks back which I declined. They have now sent a further letter which is "final" apparently saying they are not budging from their £138 offer.

 

Now my question is.... do I hit them with the court claim or shall I complain to the FOS first?

 

Some people have had success using both of these and I just wondered which one was best?

 

Thanks

[maroondevo52]

Hi, loobyloo.

 

Cap 1, always seem to pay out when they receive court papers.

 

Regards.

 

Scott.

[loobyloo35]

Hi, loobyloo.

 

Cap 1, always seem to pay out when they receive court papers.

 

Regards.

 

Scott.

 

 

Thanks Scott.

 

Am I better off going down the Court route or the FOS route? Which do you think would be quicker?

[Bookworm]

Court. FOS can take a LOOOOOONG time. Cap1 will pay shortly after filing their AoS and before they lodge a defence, so within 1 mth or so of filing at court. ;-)