Are Capital 1 contacting customers? ***WON***

[AndyOrch]

They filed the defence late and missed the bus, however they may try to set a side, doubtful though.Wait to see if they pay up or you may have to consider enforcement

Greg.

 

Well done ( i will get your thread amended when you have the cheque in your hands:wink:)

 

Regards

 

Andy

[gregorious77]

I am so angry right now

received a notice from the court that a defence has been filed!!

There is also a letter saying (and I quote):

"Due to an administration error, your judgment received 18 October 2011 was processed before the defendent's defence which was received on 14 October 2011. As the defence was received before the judgment, the defence takes priority and your judgment has been set aside.

We apologise for any inconvenience caused and the defendant is aware of this situation."

 

I do not beleive for 1 second they got their defence in onb the 14th as their defence was dated 14 Oct 2011 the copy I received was also franked on 17th OCT.

I have phoned the court and told them I am not happy and I believe they have worked this in the defendants favour.

They are contacting the "back office" that deals with the claims to find out the "received" dates stamped on the letters.

They say they cannot speak for the "back office" (Haywards Heath) but they stamp all incoming mail due to working on a 5 day backlog.

 

Do I have a chance of proving the clerks are up to no good? I think they are helping the banks but for what reason I dont know.

I sent my Judgment 1st class on 14/10/11 and estimate it would have been with them 17/10/11 latest

judgment is dated 20/10/11 and this latest letter is dated 25/10/11.

 

I simply cannot see how they could have processed my judgment if they had the defence for 6 days (4 if you take out he weekend)!!!:mad2::mad2:

[gregorious77]

I need to fill out the allocation questionnaire and pay another £40 Grrrr

Not really sure how to fill it out, it seems like it is favourable to the defendant.

for example first question is "given the rules require you to try and settle the claim before the hearing, do you want to attempt to settle at this stage?" What do they think I have been trying to do?

so that will be ticked yes

then it says if yes do I want a 1 month stay? er No

Would I like th court to arrange mediation (fee) er No coz itll cost more money and more time!

But I dont want to sound like I dont want it settled and it makes me look bad!

Location of trial, asks for which court and why! local due to costs maybe!

Pre- action protocol, have I complied? think so yes!

Amount of claim I can do but "Have you made any applications in this claim? what does this mean?

I have applied for and got default judgment which was then put aside do I say this?

Witnesses, experts all N/A

Track is Small claims.

Estimated how long a trial or hearing will take? No idea!

Proposed directions, have I attached a list of directions for management of the case? no Idea what this means!

If yes have they been agreed with the other parties?

Costs N/A

Fee (£40)

Have I attached documents?

Have I sent them to the defendant?

when did they receive them?

Do I intend to make applications in immediate future? dont know?

If yes what??

 

I am confused and have to have it there by 11/10/11

[AndyOrch]

Greg you really need a copy of their defence before completion but this will give you some idea.The claim has been defended (even if late) so it has been transferred to your local court and your local court is now arranging to make some directions for the future conduct of the case.

This is where the AQ comes in. It's a bunch of questions the answers to which will help the court manage the case.

The AQ you have received can be completed by downloading Form N149 as a pdf and completing it in type, changing it around and only printing it when you're satisfied.

Here's what to say beginning first with the title and then on to Sections A, B etc in alphabetical order. You should also read the notes on page 4 and Form N512. Print this post off to help.

State:

The title

Your name

You're the Claimant

The name of the court

The claim number (found on the Claim Form you got)

The last date for filing (found on the paper AQ you were sent)

A

Tick No

B

Tick 'No'

C

Tick 'Yes'

D

Answer 'One' (that'll be you)

E

Tick 'No' and ignore the remainder of section E

F

If you are going to be unable to attend a hearing at any time between say 1 October and 31 January, tick 'Yes' and identify those dates in the box adjacent to 'Yourself', otherwise tick 'No'

G (example)

Say 'The Particulars of Claim provided by the Claimant are inadequate in order to fully appreciate the case I have to meet, in particular the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated, its alleged assignment and the Claimant's entitlement to interest. By a letter dated ( ) I asked the Claimant to provide proper particulars of the claim. A copy of the letter is attached. I have received no answer to my letter.

I propose the following directions:

1 Unless the Claimant shall have by (date) filed and served upon the Defendant fully particularised Particulars of Claim comprising but not limited to particulars of the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated, its alleged assignment and the Claimant's entitlement to interest, the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed.

2 In the event of compliance with paragraph 1 of this order this case shall be allocated to the small claims track and there shall be a stay of proceedings until (date) to enable the parties to settle using the small claims mediation service'

H

Tick 'No'

I

Sign, date and fill in your address at which you want documents about the case to be delivered.

Then return it to the court and wait a few weeks whilst it gets in front of a Judge who will decide how to direct the claim.

 

Regards

 

Andy

[gregorious77]

Andy the form hey have sent me is not the same as the online N149 version!

I have a bigger more involved form N150!

Your bit part G is all about the Claimant, I am the claimant.

I have received their Defence and it I typed most of it out and it is attached in post #170

Do I fill out the N150 and attach a reply to their defence stating it is attached in section I?

Trouble is it says did I send to other side and when did they receive them but I would send it to them at the same time so could only guess when they would receive it!

[AndyOrch]

I thought this was Small Claims? Hence the N149.The above is for the defendant its only an example.

 

Andy

[gregorious77]

Well as far as I am concerned it is small claims Just over £4k!

Have they sent the wrong form do you think?

Sorry for my lack of understanding, I can see why people give up in these cases but I am determined not to and get what I am owed.

[gregorious77]

Do I just send this form back and thats it or do I need to answer their defence in some way?

I am so confused now!

[AndyOrch]

Post #171 response to a defence.Refute their points.As the Claimant your AQ carries more wait so use it to direct the claim.No to mediation

and in G state what happened with the defence date and your default judgment.You also have an option to make application with your AQ to request a strike out on their late defence.Directions will be nil if anything.

 

Andy

[gregorious77]

Thanks for the clarity.

I will respond to their defence and refute their stupid points showing they actually admit and supply evidence they dont have the phone call they rely on.

I will wait until this is received by them so I can put this on my AQ then I will send the AQ separately.

Still dont know why it is a N150 rather than a N149 though, I might phone the court to find out on Monday if I have time. (Monday is college day full of maths joy!)

[gezwee]

Thanks for the clarity.

I will respond to their defence and refute their stupid points showing they actually admit and supply evidence they dont have the phone call they rely on.

I will wait until this is received by them so I can put this on my AQ then I will send the AQ separately.

Still dont know why it is a N150 rather than a N149 though, I might phone the court to find out on Monday if I have time. (Monday is college day full of maths joy!)

 

Greg

 

At 4k it will possibly go fast track, not sure if andy mentioned it but if you apply for directions within aq you must serve on other party in addition to filing.

 

I know its difficult but try not to weight your wording to appear too personal when completing aq............ and don't make it too longwinded that the dj loses the gist of the argument halfway through reading it.

 

You need to review all data [incl defence] and construct something that places the defendant in a 'catch 22' position......... ie: if they respond they're fecked and if they want to rely on denying relief they're also feckered

 

Gez

[gregorious77]

I am not planning on applying for directions as I do not even know what that means?

Are you saying I should fill out the AQ and attach a response to the Defence with it, stating they base most of it on the fact I apparently took out the PPI on the phone, this phone call is no longer on their records which they admit and have attached a letter stating that in their defence appendix!

[AndyOrch]

N150 FastTrack better for your costs also.I wasn't proposing Directions Gez what do you think?

 

Andy

[gezwee]

Right, from your previous post this is an N150 and the court staff have rightly assumed this will be fast track

 

Top of form......... most miss this point

 

HAVE YOU SENT A COPY OF THIS COMPLETED FPRM TO OTHER PARTY ...... YES

 

A..

1. No

2. No

3. No

4. This is a straightforward case capable of straightforward remedy. The claimant avers that the defendant was 'out of time' in filing defence. In the alternative the claimant claims the defendants defence is one of 'hearsay' and consequentially has no remedy save as summary judgment in the claimants favour.

 

B.

 

Yes.....

 

Claimant is Lip and [pursuant to practice directions] xxxxxxxxxxxxx court is the most appropriate.

 

C.

 

Yes...... without reading the whole thread I'm assuming yes?

 

D.

 

What amount is of the claim is in dispute ............... none as far as claimant [you] are concerned

 

Applications............

 

Witnesses............. none

 

Experts ....................... none

 

Track........ fast track [apply for costs]........... over 4k so its normal for value

 

E

 

How long.............. 3 hours [max], if they show up

 

F

 

Proposed directions

 

Have you attached a list of the directions you think appropriate for the management of the cliam........... yes

 

Have they been agreed with the other party [you can ask them, doubt they'll agree]............ Yes/No

 

G.

 

Costs.......... leave blank

 

H

 

Fee............. you need to check with the court and submit hearing fee with aq

 

I

 

Attached documents.............. yes

 

Sent to other parties................... yes

 

When............ +48hrs from postal service

 

Applications ........... yes

 

If yes, what for ............ see D

 

Other info

 

 

 

Thats the bulk of the form, just need to take a look through your thread tomorrow to decide on a suitable section D

 

Gez

[gezwee]

N150 FastTrack better for your costs also.I wasn't proposing Directions Gez what do you think?

 

Andy

 

Hi Andy

 

I'm thinking put them to strict proof of hearsay evidence and see how quickly they baulk at entering a W/S

 

Something of this value should never have been defended............ commercial suicide

 

Gez

[AndyOrch]

Right, from your previous post this is an N150 and the court staff have rightly assumed this will be fast track

 

Top of form......... most miss this point

 

HAVE YOU SENT A COPY OF THIS COMPLETED FPRM TO OTHER PARTY ...... YES

 

A..

1. No

2. No

3. No

4. This is a straightforward case capable of straightforward remedy. The claimant avers that the defendant was 'out of time' in filing defence. In the alternative the claimant claims the defendants defence is one of 'hearsay' and consequentially has no remedy save as summary judgment in the claimants favor.

 

B.

 

Yes.....

 

Claimant is Lip and [pursuant to practice directions] xxxxxxxxxxxxx court is the most appropriate.

 

C.

 

Yes...... without reading the whole thread I'm assuming yes?

 

D.

 

What amount is of the claim is in dispute ............... none as far as claimant [you] are concerned State the claim value here

 

Applications............

 

Witnesses............. Yourself

Experts ....................... none

 

Track........ fast track [apply for costs]........... over 4k so its normal for value

 

E

 

How long.............. 3 hours [max], if they show up

 

F

 

Proposed directions

 

Have you attached a list of the directions you think appropriate for the management of the cliam........... yes

 

Have they been agreed with the other party [you can ask them, doubt they'll agree]............ Yes/No

 

G.

 

Costs.......... leave blank

 

H

 

Fee............. you need to check with the court and submit hearing fee with aq

 

I

 

Attached documents.............. yes

 

Sent to other parties................... yes

 

When............ +48hrs from postal service

 

Applications ........... yes

 

If yes, what for ............ see D

 

Other info

 

 

 

Thats the bulk of the form, just need to take a look through your thread tomorrow to decide on a suitable section D

 

Gez

 

Just a few minors Gez.

Andy

[AndyOrch]

Hi Andy

 

I'm thinking put them to strict proof of hearsay evidence and see how quickly they baulk at entering a W/S

 

Something of this value should never have been defended............ commercial suicide

 

Gez

 

Put to strict proof and disclosure details of the PPI agreement, commissions etc...

 

Andy

Edited October 28, 2011 by Andyorch

[gezwee]

Cheers Andy

 

Will have read back through the thread tomorrow and post up my thoughts for directions......... I think its time to put the other side on the backfoot and see how keen they are to settle matters pre-hearing. Wonder who they can mug into signing a w/s in evidence/contempt, lol

 

Gez

[gezwee]

Greg

 

This is a brief section d supplement........... have to be honest, not read your whole thread, let me know if this ties in correctly with your claim and their defence

 

Oh and.......... as this is a supplement to section d/f, we'll need to work on directions to attach as 2nd supplement after you've read through [and corrected] this.

 

** Does anyone else have the same problem with blocks of text that just will not save in the correct font? And does anyone know how to fix it? Tried to edit this half a dozen times and the same mixed fonts keep popping back up **

 

 

 

 

 

Your name

 

 

 

 

 

v-

 

 

 

 

 

Their name

 

 

 

Claim No: ……………..

 

 

 

 

 

 

N150 Allocation Questionnaire

 

 

 

 

 

 

Section D - Application [supplement #1]

 

 

If the court agrees, it is respectfully suggested that special directions may be given per the attached draft order [supplement #2].

 

 

I believe the proposed directions will further the Overriding Objectives in that they identify the fundamental issues in dispute,and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.

 

 

If the Defendant has the intention of defending this claim at trial as is indicated by its defence, I would contend that it is incumbent upon it to disclose, or in the alternative, state its reasons for denying relief to such information. Its Defence being one of hearsay and flat denial.

 

Further, the draft order affords the defendant 4 [four]positions which it may wish to resile.

 

 

Those positions being;

 

 

 

1. Requirement for service of witness statement in support of hearsay evidence [at .3 defence]

 

2. Requirement for service of Witness statement in support of hearsay evidence [at .5 defence]

 

3. Requirement for service of witness statement in support of hearsay evidence [at. 12 defence]

 

4. In the alternative to 1, 2 and 3 above the requirement is absolute in the need for true copies of agreement/s to be entered into defence.

 

 

I believe the outstanding issues to be of fact. Accordingly and where the Defendant denies Claimant relief;

 

a. The claimant contends that the Defendants failureto disclose those instruments noted deny the Claimants right to fair processingof its data.

 

b. The Claimant further contends that the Defendants denial of relief to data core to the parties relationship presents as an unfair relationship, requiring the remedy of assessment by the court.

 

 

I believe that the facts stated in this supplement to N150 and attachments are true.

 

Date............

 

Signed.............

Edited October 29, 2011 by gezwee
Formatting on this site............. arggggghhhhhhhhhhh ;-)

[gregorious77]

Looks good, be nice to put the pressure back on them too!

The way I see it there are more than 3 hearsay points.

 

I agree para 3

 

4. The claimant contends that a screen dump supplied by Capital One Bank PLC shows that NO was selected for PPI.

Hearsay! As to paragraph 4, the defendant admits that the claimant ticked ‘NO’ to PPI on the form they then say as per para 3 I took it out on the phone. (is this covered by para 3?)

 

Agrre para 5

 

10. The claimant contends that by adding this policy unknowingly Capital One breached paragraph 8.6 of the banking code.

Hearsay! Denied 10 and 11 for reasons above they go on to say hey didn’t apply it without me receiving info and accepting it. They say it was added with my express consent and deny breaching the banking code and being unfair and unreasonable in comms with me.

 

Which para 12? my numbers were all to cock and I went 10,11,12,10,11,12 etc

 

12. The Claimant believes that a reasonable level of care and skill was not offered when adding PPI to the account, and that therefore Capital One Bank PLC failed to meet its obligations under the terms of section 13 of the Supply of Goods and Services Act 1982.

They say they repeat para 6,7 and 8 above saying it is an optional product offered on non advised basis, my descression etc. They are not obliged to look into my individual circumstances other than elegibility criteria. They say I was elegible for PPI and Deny they did not meet obligations under S13 above.

 

Or

 

12. The Claimant contends that the PPI was sold with a view to meeting sales targets and providing bonuses and commission for the Manager and staff, rather than to help the Claimant attain a better financial position.

Denied 15 and 16 they did not have sales targets for PPI and bonuses are not linked, associates could receive a nominal payment of 50p-£2 per PPI sold capped at £300 gross per month. They needed to pass a quality control score to qualify therefore it was compliant.

 

Sorry about the massive post I assume you read my POC vs Defence in post 170?

[gezwee]

Greg

 

The following should be the main points of focus, the remainder of their defence [sB etc] will fall foul of their pleadings.

 

By seeking directions at AQ stage you are placing the other side under notice that they will be required to evidence their position....... unless they can muster a W/S from the telephone operative who effected PPI without consent during 2004 their defence remains all bluster in an attempt to stall proceedings.

 

From experience, you can generally get away with applying for directions if you can show it would assist the court........... however, I have had one bounced back to the allocation desk with a post-it from the dj asking if I expect to get away without paying an application fee..... lol.

 

Nothing ventured, nothing gained........ if it gets rejected [you'll soon know if the dj ignores it] you'll still have the opportunity to apply for strike out of their defence and SJ.

 

Looking through your thread, I think their sols should be advising them to settle this pre-hearing. I'll take another look this evening and come up with some draft directions. Once you're happy with it print 3 copies of everything [AQ, supp #1 & #2], 1 copy for court, 1 for the other side and 1 for your records. What's the last day of filing your aq?

Oh and this link may interest you http://www.fsa.gov.uk/pubs/other/rbs_undertaking.pdf whilst it refers to RBS group it does hi-lite the FSA's position on 'unauthorised' transactions and their effect on S.140

 

Gez

 

 

 

3. The Claimant contends that the PPI wasadded to the account despite it not being requested.

 

Denied saying “Following the receipt of his creditcard, the claimant contacted the defendant by telephone on 27 May 2004 toactivate his credit card. During this telephone conversation, the defendant’scustomer services associate introduced the fetures, benefits and cost ofpayment protection insurance (“PPI”) to the claimant and asked if he wasinterested in taking out PPI cover, the associate then specifically asked theclaimant whether or not he wished to have PPI added to his account. Again, asthe claimant replied confirming that he wished to do so, the associate thenprovided further details of cover under the PPI including limitations andexclusions and explained that the full policy document would be sent to him inthe next few days. PPI was added to the claimants account.”

 

Thismakes it seem like they have full details of the phone call which they DO NOTthey even attached the letter stating they have no transcript or recording ofthe phone call due to the fact it was in 2004!

 

 

4. Theclaimant contends that a screen dump supplied by Capital One Bank PLC showsthat NO was selected for PPI.

 

As toparagraph 4, the defendant admitsthat the claimant ticked ‘NO’ to PPI on the form they then say as per para 3 Itook it out on the phone.

 

 

 

5.The claimant contends that they have not signed any agreement for PPI withCapital One Bank PLC.

 

Admitted but say I didn’t need to as the terms areset out in a separate agreement to my credit card, and I consented to it on thephone. It was arranged by cap1 but was entered into by me and the third partyinsurer London General Holdings Group

 

 

 

6.The claimant contends that they did not receive any PPI terms and conditionsfrom Capital One.

 

Denied, saying I would have received the t&c’sby their standard process on 2 separate occasions sayin once prior to taking itout at application stage and when I received my card. They say they sent PPIT7C to everyone including those who did not have PPI.

 

 

 

 

 

 

 

 

 

 

 

12.The Claimant believes that a reasonable level of care and skill was not offeredwhen adding PPI to the account, and that thereforeCapital One Bank PLC failed to meet itsobligations under the terms of section 13 of the Supply of Goods and ServicesAct 1982.

 

Theysay they repeat para 6,7 and 8 above saying it is an optional product offeredon non advised basis, my descression etc. They are not obliged to look into myindividual circumstances other than elegibility criteria. They say I waselegible for PPI and Deny they did not meet obligations under S13 above.

[gregorious77]

Last date for filing AQ is 11 Nov

[gezwee]

Greg

 

Plenty of time to revisit yet, have tidied it up a little. As previous posts, make sure you are happy with the everything that's going off for filing. I've been known to rework my own aq's up to 20 times before filing so you'll have to excuse me if something suddenly occurs to me that could be stated in another manner.

 

Bear in mind this is really intended to put them on the backfoot and press them for settlement prehearing, my honest opinion would be that you'd win hands down anyway but its a lot less hassle to get the result you want without the hearing.

 

Gez

 

_____________________________________

 

 

Your Name – v – Their name

 

Claim number

 

N150 allocation questionnaire

 

Section F - Directions

 

If the court agrees, it is respectfully suggested that special directions may be given per the attached draft order.

 

 

The Claimant believes that the defendants defence was filed ‘out of time’, in the alternative and where the court finds otherwise:

 

I believe the proposed directions will further the Overriding Objectives in that they identify the fundamental issues in dispute, and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.

 

If the Defendant has the intention of defending this claim at trial as is indicated by its defence, I would contend that it is incumbent upon it to disclose, or in the alternative, state its reasons for denying relief to such information. It’s Defence being one of hearsay and flat denial.

 

Further, the draft order affords the defendant the opportunity to resile those positions it is unable to evidence.

 

 

Those positions being;

 

1. The requirement for first person Witness statement in support of hearsay defence assertions at points 3, 4, &12

 

 

2. True copy agreement at defence assertion .5

 

 

3. Postal records at defence assertion .6

 

I believe the outstanding issues to be of fact. Accordingly and where the Defendant denies Claimant relief;

 

a. The claimant contends that the Defendants failure to disclose those instruments noted deny the Claimants right to fair processing of its data.

 

b. The Claimant further contends that the Defendants denial of relief to Witness statements or data core to the parties relationship presents as an unfair relationship, requiring the remedy of assessment by the court.

 

 

I believe that the facts stated in this supplement to N150 are true.

 

Date............

 

Signed.............

 

 

 

 

 

 

 

 

 

 

In the ………………. County Court

 

 

 

 

 

Claim number ……………….

 

 

 

 

 

Between

 

 

 

 

 

…………………….. – Claimant

 

 

 

 

 

V

 

 

 

 

 

…………………………… - Defendant

 

 

 

 

 

 

Draft Order for Directions

 

 

The Defendant shall within 14 days from service of this order, file and serve the following:

 

 

 

1) First person witness statement in support of defendants defence positions .3, .4 & .12

 

 

2) True copy agreement entered into between Claimant and London General Holdings Group in support of defendants defence position .5

 

 

3) Postal records in support of defendants defence position .6

 

 

4) In the alternative, and where the defendant denies claimants relief to data at 1), 2)or 3), it should set out its reasons for doing so.

 

 

 

5) Copies of decided cases and other legal materials to be relied upon.

 

 

 

Unless the Defendant complies with this order its defence will be struck out without further order.

Edited October 29, 2011 by gezwee

[gezwee]

Oh and........ I give up with the fonts all over the place, lol

[gregorious77]

Thanks for your help, fonts are not a problemo!

I will most likely work on this Tuesday as I have college tomorrow and its a long day of mostly maths!

I will post here before sending anything off.