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CapOne Case - Ive Started... CLAIM FORM NOW ISSUED By Capone ** SUCCESSFUL OUTCOME **


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Hi citizenB the charges are for over-limit and late payment fees, this amounts to around £700, like i mentioned in post #298, is this just a futile effort on my part? What are the chances of the court actually finding in our favour in general?

 

mrbrooks

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dont orget cap1 just coughed on charges before court with full compounded int

 

there was a period when they were contesting, but not of recent.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If it helps Mr Brooks Capone did not take overlimits off my upheld PPI claim. It is a tiny claim but I can easily prove the chronological order of credits and debits to the account and prove without a shadow of a doubt that the account didnt go over the credit limit once the reclaim is removed. They just plainly havnt calculated as per publicly viewable FSA and FOS guidelines/instructions. I have taken it to FOS now just for badness and because I can reconstruct the account easily.

 

Be aware though that its the overlimits you are looking at. Late payments cannot be so unless the account moves into credit due to the PPI. You cant have a late payment if they owe you!!!!!.

 

Capone sent a generic letter telling me to go and do one. Interestingly within that letter they state this " Previous refunds. You may have previously recieved a refund of default sums; however our position on this has now changed. Given our views on the fairness and lawfulness of our default sums we will robustly defend our entitlement to these charges"

 

This is a letter from this year.

 

So would say unless you can attach them to your PPI claim and show them to be a result of the inflated balance then would expect you to be back in court.

 

BTW well done so far on the battle glad the help came along when you moved forums.

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  • 3 weeks later...

Hi everyone. apologies for not keeping in touch here in the last 2-3 weeks...

 

Ok so CapOne have responded to my counter-claim, using what looks like a fairly standard, fairly rubbish attempt to make out that they have never acted with bad form etc...(I will post up the response once I have done some redactions to the paperwork)...

 

I filled out the Allocation Questionnaire (Again can post up if anyone wants a peek) and made the request for a stay of action for a month to allow us all to attempt to come ot some arrangement, and I emailed that to the court, the case has now been moved to Nottingham court, so I am assuming that's where we will have to go if we follow this action to its conclusion...

 

CapOne are of course making the claim 'they will robustly defend any action' with regard to penalty charges...I am also disappointed, but not surprised, that the legal person whom i spoke with at Cap One, and have emailed with regard to some of my concerns has now gone completely silent...

 

She claimed she would discuss the matter with CapOne and see if there was some way we could avoid court, but it seems this was just the usual BS and now we have accepted the PPI, they have reverted to form, ie, being awkward, ignoring requests etc...and this was quite interesting, they claim, in their defence, that I have made a claim for the charges and compound interest at 39.9%, this is actually incorrect, I clearly stated 29.9% (as the average rate of interest they charged my mom)...not sure if this has any relevance to anything of course, but just again highlights how sloppy and lacking they are, and this is their legal dept so you would think they would get their facts right before submitting them to the court...

 

Anyway, will post up CapOnes response for perusal and advice, thoughts and input asap...

 

mrbrooks

 

-EDIT--

 

Also just another quick note here, CapOne mention that any charges older than 6 years are not allowed to be claimed and are statute barred, is this true? (Not that I have any as I dont have any detailed transactions prior to 2006) Just thought I would check...

Edited by mrbrooks
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Ken Hi, I am a little concerned, I have been trying to have read up and found this post of yours with regard to such cases, http://www.consumeractiongroup.co.uk/forum/showthread.php?348170-MBNA-reclaiming-charges-older-than-6-years/page3 and in particualr posts 50 and 52...

 

Is this specifically relating to charges older than 6 years? Or do you feel this is in general?

 

This I have to say, has numbed my desire to continue here, ill have to have a little think here...what are the consequences of me just asking for the counter claim to be halted???

 

mrbrooks

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Mr Brooks.

 

I think its how they are defending. If its right or wrong or peeps can get a court to rule for them is not really for me to say. Only you know the risk to you.

 

They are trying to knock the 6 years charges on the head with limitations so you would have to argue this for any of the biggies now as they are all over 6 years old. The date when the £12 came in during summer 2006.

 

So you have to know your limitations law. Lose this bit and then unless you have been in a monty python sketch and been a very naughty boy indeed then the claim could look very sick indeed.

 

My accounts when I looked at them went from being a healthy claim and worth court time to being very very sick and actually surprisingly small amounts if I did this split. (Which just goes to show what a rip off the big ones really were)

 

And with this in mind I could see a loss to my own situation would not be advantageous at all. A loss with all the costs involved could put me in a worse position that if I hadnt even started the claim.

 

But my gripe was despite reading up and researching, consumer forums werent really making it explicitly clear that court it would have to be. If they had from day one then I wouldnt even have started. Its only after you do start that you begin to realise you are digging a hole but everybody else is leaving you down there.

 

This site is top and the advice is invaluable. I just wish some posters would stop and think that yesterdays battle is just that and by sending someone who is looking for help over the top on a mission they are unlikely to win betrays what I presume was the original goal of the website. To help the consumer fight back.

 

You could spend 6 months fighting for a few hundred pound only to lose and be liable for much more. This isnt helping the consumer if they instigate the fight in the first place.

 

You are in a different place. Cap One decided to be schmucks and deserve everything you do to them. That said I am cautious by nature and sometimes you have to lose some to gain the majority.

 

I would not presume to advise you which way to go.

 

I am sure someone more knowledgable than me would be able to advise the costs of pulling out.

 

Whatever you do its been a great thread to read and well done so far.

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Hi Ken thanks for the reply, with regard to the 6 years limit CapOne are throwing out there, I have no intention of claiming anything prior to mid 2006/early 2007, mainly because I have no actual numbers, I only have summary statements prior to this date, and though I can see that the account was over-limit, and I am pretty sure they had charged her for this, I cannot prove what they charged her, what the charge was actually for, when the over limit occurred (ie on which date) and whether the resulting over limit was due to her over spending or whether this was a result of other charges being added onto the account, I suppose it could be argued that in that particular period of time the standard charges were £x... But I honestly do not have enough know how, nor legal understanding on how to go about arguing this or the statute of limitations. So for that one Im not too worried as I decided a while back that I could realistically only make a claim for the charges I could actually see, prove and show...

 

With regards to the site here being invaluable, +1 from me for that, without CAG and the many members and site team putting their efforts and thoughts into my challenge of Cap One I would most certainly have faltered. In relation to this, had Cap One not issued the spurious claim against my mom, we most certainly would not have made a counter claim, and again I would not have know how to go about making this happen, not most likely had the courage to take it on.

 

I do agree with you though regarding some of the statements from your other posting, in respect of people being told to go ahead and then left to flounder, this has happened to me on a couple of occasions now, but thankfully with your own input and other folks suggestions about bumping and requesting being moved to a more appropriate forum thread, it all kinda worked out in the end, mostly. I cannot thank enough, the CAG members and the site team in general for the guidance and support here, and do not wish anyone to be disgruntled about my agreeing with you in respect of the digging holes and being left to wonder how to get the heck out...

 

But I do have to re-iterate here, that I agree with you in many respects, that claiming these charges needs some serious thought and consideration, I am not saying that I wont win or that others wont win, or that they should not go ahead, but I would like to tell everyone now, that it is not easy, the learning curve required just to keep CapOne in check here and level the playing field a little, let alone argue with them, has been huge for me, it has taken a massive part of my time and life, caused me stress, cost me money that I didn't really have and in addition to this, I'm still always half bewildered by what to do next.

 

Saying all that, I am also proud to be able to say that I am a member of CAG, and that CAG and its members have helped me resolve at least three separate issues in various formats, one being dreams beds who basically sold my buddy a duff bed and refused to fix the situation (WON), another issue with my friends landlord (Partial WIN) and of this epic with Cap One (HUGE WIN).

 

Added to this, it gave me the courage to stand up and say hey @ssholes, I'm not putting up with your nonsense any more. I have beaten off Cap Ones debt collection dept, reported them to the ICO and OFT and the FOS for their abusive phone calls, which stopped immediately after I made the report, though Cap One claimed they did it as a gesture of goodwill...

 

I have beaten off Freddy Int on three separate occasions and forced them to hand the case back to Cap One. I have beaten off uncle Bryan three times, the last being the court claim, having handed the case back to Cap One. I have managed to win the rather substantial PPI claim after Cap One twice told me to run and jump, and attempted to bluff the FOS claiming they knew nothing of the case of the pending court action and I have had some very interesting conversations with the FOS and their own legal dept over numerous matters with regards to Cap One and their behaviour. Add to this, the unseen amount it must have cost Cap One in dealing with me directly, with the huge amount of traffic I sent their way, dealing with the FOS, FSA, ICO and paying out to Freddy Int, uncle Bryans and the court claims, I must be a rather expensive case to have dealt with for them.

 

Further to this, I must have done something right to make them think because I now have 2, yes 2, Cap One solicitors dealing with me, and though I feel quite proud to say I honestly believe they were worried by my activities, because I do not for one minute believe that they ever thought this case would go the way it has, I firmly believe they intended to hold us up at the FOS for another year or more, whilst claiming the funds mentioned in the POC and then most likely selling it on and probably claiming on their insurance for loss, and thus ending up with all the amount named in the POC and a little more, requiring no more input or cost from them, no more headaches from me and no prospect of the FOS knocking on their door for another 12 months.

 

I feel the constant mentioning of their failure to deal with the PPI and that the PPI would almost certainly remove any liability, is what finally made them see sense and I think they finally realised I was in fact more than happy to mention all of this stuff to the judge. Also a big mention should go to the FOS legal dept and my adjudicator here too, because they got involved without hesitation once the background of the case came to light and Cap One were making denials of any knowledge regarding court cases and not responding to the FOS contact, thus the FOS agreed to fast track the case, all within day of calling, emails and more calls.

 

To bring us up-to date, I am also a little concerned that I now have 2 hell hounds on my tail...for the future however, I will not hesitate to argue my position if I feel I or my family/friends are being unfairly treated and I continue to learn something new every week, this weeks topic being the Limitations Act 1980...

 

For my own part, my initial question re this counter-claim, was whether realistically there was any mileage left in it, I know what they charged her, I know the when it happened, how much it comes to and the reasons. I know that people have argued these charges are unfair because they are disproportionate, which I do believe they are, however what I do not really know, is how the courts are seeing these cases today, are they looking at the consumer and thinking good god not another one? Are they making the companies abide by the law laid down and forcing them to provide an account of true and genuine cost or forcing the company to concede if they fail or refuse to produce such a document?

 

Im trying to really ascertain whether its is worth the additional effort in pursuing this counter-claim, not because I feel it is invalid, but more that I feel, I wonder if the courts will actually uphold what we all know to be the fair and proper way to deal with such cases. I know people will say its not our place to advise you on whether to pursue the case or not, but this is really not the issue, the issue is what is the weather like in court? ie is it favourable? Is there a good chance I and others are going to get p!ssed on from a good height? Will an umbrella suffice if you can weather a little shower? I feel many people have a case but the problem is whether the courts are acting upon these cases in a favourable way for the consumer, I don't need a verification of my intention, (Though I do actually appreciate peoples opinions and thoughts), what I really was looking for was just a weather report for where I'm headed...

 

Hope that makes sense...

 

Mr Brooks

Edited by mrbrooks
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Mr Brooks.

 

I can only state what I view on here and other forums. And that is that charges reclaim success seem to have gone fairly quiet.

 

Perhaps PPI has got the populations attention more, perhaps it is more difficult, perhaps the claims arent as big as before, who knows.

 

If you go onto the green top site there is a list of wins. Since October 2012 there have been two one each for Nat West and Mint. One of them the poster claimed hardship. There is one poster who has just been knocked back by Cap One and FOS have agreed £12 is ok for charges. He is unhappy as he has wasted time effort and money and his only option now is court. And that upsets him because if he had known he wouldnt have bothered.

 

Before June 2012 there were quite a few reclaim successes with different banks. This included for £12 So something has changed and FOS are upholding this change.

 

Not very scientific I know but something seemingly happened last summer. And for me its got to be the biggies getting into limitation land. Before that even if you lost the limitation argument, if a biggie was still within 6 years the bank would be hard pressed to say that it was even remotely fair. They couldnt risk the true cost coming out in court, the press getting hold of it and a floodgate opening. It was better to settle the ones who asked for it as the general population wernt so they still made gazillions.

 

For every poster who takes them to court there will be thousands that dont. They can now afford to pick and choose which ones to settle and which ones to make an example of.

 

Just think really. They can settle at any time. Right up to court. Mess you about waste your money find a flaw in your case all the stuff you see on here. One mistake and the claimant is down and dinner for the big beasts.

 

If the claimant holds up no chink seen or found and the court date is upon them. Does one claim out of the potential thousands really worry them. Not really the state secrets of what it costs remain secret, they have made more that day on all the other stuff the company does than any settlement would be. Doubt they even feel it. Its just a day at the office.

 

We lose and it could be another spell of debt servitude.

 

The weather report you ask for is in my mind a lazy hazy late summer afternoon. Visibilty is poor and stormclouds are building. Weather or not there is going to be a storm is difficul to predict. It could end up as a lovely summer evening but there again it could be a flash flood.

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I think there was another CAG member who had recently had a successful claim against B/shark. I believe they were also going after Capone. Shelley something.. I think.

 

Capone have always been pretty difficult to pin down for charges over 6 years and have even tried to use the supreme court - OFT judgment even though it didnt have anything to do with CC charges.

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I would accept the PPI offer then look at what the claim has remaining (if any) and what you are disputing.Either way the Claimant must act fast to adjust the existing claim or withdraw it.Ring the Sols acting and notify them of this new evidence and what their intentions are

maybe even try to thrash out an agreement (if there is any remaining residue )

 

It is in both parties interests (Costs and Court time) to inform the court as early as possible if settlement can be achieved.

 

Regards

 

Andy

 

IMHO I would let them withdraw the claim.....accept their PPI offer...and then consider future separate litigation. Dont forget your CC will stand whether they withdraw or not.

 

Mr Brooks, this is what you were advised at the beginning of the month.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi Citizen B, thanks for the reply, but I am a little confused as to what you are actually trying to point out here? I did everything Andy suggested, I accepted the PPI, I contacted their sols and got an agreement for them to withdraw, have attempted to thrash out an agreement with regards to any outstanding issues I believe are relevant, and yes my Counter-claim still stands...which is where I am now...wondering if its worth the effort and time...

 

Are we saying that the advice was to actually cease the counter-claim and if I felt it so justified it, to pursue a separate claim for the unlawful charges? As my Counter-claim was already in process, please can someone explain how halting the Counter-claim at that time and pursuing a few months later in a separate litigation would have been useful? (Please understand I'm not being rude here, I'm just trying to understand the finer points of this stuff)

 

Plus again to everyone, I have not actually made a claim for anything prior to 2006/7.

 

Also, my original question with regards to this was, what are the consequences of me just asking for the counter claim to be halted??? Can I just make a request for it to be halted? Am I liable to have to pay any costs? Whats the procedure? I assume I should contact the Legal people at CapOne first? Or do I just go direct to the court?

 

Thanks again everyone...

 

Mr Brooks

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To withdraw your Counter Claim/PT20 you simply do not proceed with any further action (stayed) or alternatively you can issue a Notice of Discontinuance to the Court/Claimant.If you do you can try for a refund of the CC fee.

 

Regards

 

Andy

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Thanks andy that's great news buddy, again I have to say a big thanks to yourself, CitizenB, Mike Hawk, Ken100464 and the many other good folks around here who have pushed me to succeed in this case, without all your efforts and guidance I would have been lost and most likely drowned under a sea of cr@p thrown at me by all these CapOne puppets...

 

Thanks again, I will have a little think about this and let you all know what I decide in the very near future or if I have any more Qs ill post up...

 

Mr Brooks

 

--EDIT--

 

Ive just had a look at the PART 38 - DISCONTINUANCE stuff on the MOJ, seems fairly straight forward, famous last words...

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  • 1 month later...

Hellooooo all, long time no post...I hope everyone is well and ticking along OK...

 

I have with me, the final chapter in this long trek with Cap One and all the CAG Members who've guided me on this unholy trek into the world of credit demons and devils...and back out again...

 

Well, the last 28 days (which I took as part of the allocation questionnaire option, to give us and Cap One some time to consider our positions and come to some agreement)...Well nothing happened for the first 3 weeks, I sent emails and left messages with the legal person dealing with the case at their end and got nothing...

 

Then about 10 days ago a response, and since then I have been spent time between telephone and email with Cap Ones legal representative (in house) attempting to convince me that there was no way a court would ever side with me on the counter-claim regarding the 'unlawful charges'...In other words it is in your interest to drop the case...

 

She has attempted to convince me that the court would see it as fair and just and that their charges are under the average and under what it actually costs them to cover their 'liquidated' costs, which of course I nearly peed myself laughing at...

 

Because lets be honest here, does anyone here or anywhere on the planet, honestly believe that if they could charge more, they wouldn't? just because they see the £12 as a fair charge? No they would have passed the full and total cost onto the customer without hesitation...and argued this fact at court...and would have no issue providing the proof that it costs them more than the charge they issue against the customer...which of course we all know it doesn't, and all know this is the real reason they don't provide proof of their real costs...

 

 

Anyway, I digress, the long and short of it is this, a few days ago I got this from the court: [ATTACH=CONFIG]42287[/ATTACH]

 

The case has been allocated, this was in my opinion good news because I honestly believe Cap One thought I was going to back-down and just forget how they have behaved...and I figured, well I may as well go right up to the wire, just to see how they dealt with it when they realised I wasn't going to back down, not at this stage at least...

 

So then the legal rep for Cap One calls me, telling she has sent me a letter out, responding to my last email. Which was some 4 weeks+ prior to the letter...So I say OK I look forward to reading it...(she sent it out on Friday last week, it arrived Thursday this week).

 

Here it is: [ATTACH=CONFIG]42288[/ATTACH]...

 

Ok there are a few things I would like to say about this, firstly, you see, she is STILL claiming that the case would almost likley fail and the court would reject the the claim and uphold Cap Ones position, this is based on her statement re charges:

 

They are not disproportionate, unconscionable or extravagant and are not therefore unfair terms or penalty clauses. The charges simply enable Capital One to recover some (but by no means all) of the direct costs that it incurs in these circumstances.

 

This very fact alone, will in our view result in the court rejecting your claim and upholding the terms.

 

So she is again telling us all that it actually costs them more than the arbitrary £12 charges for late payment and over-limit...:lol:

 

Anyway the other point I would like to address before I continue and conclude my epic post, is this:

 

Notwithstanding the above, in an attempt to settle this matter swiftly and

amicably, on a without admission of liability basis, we would like to offer to refund

the Default Charges and interest applied to your account from 1 January 2007. The

total amount of Default Charges applied since 1 January 2007 total £240;00, with

associated interest of £49.04. In addition, we are willing to offer 8% statutory of

£66.48. Thus, giving a total sum of £355.52.

 

So, though they are convinced my claim has no ground nor mileage and the court will simply reject my argument, and though according to the legal rep there is not a hope in hell I will win and I am just wasting the courts time; even though the district judge and has seen fit to allocate and hear the case and not just strike it out as a time wasting exercise.

 

In addition to this, Cap One according to her (in her own words above) are being fair and reasonable and giving their customers the chance to pay only £12 default charges when it costs Cap One more than this on a regular basis, and though they claim there is no case to answer...

 

Yes, despite all of this, she has still made the offer, obviously purely out of the goodness of her heart and the just manner in which Cap One operate, to refund the charges to the tune of £355.52, on a without admission of liability basis of course, which is about half my £700.00 claim value (no CI of course but I don't really care any more at this stage), So considering the huffing, the puffing and backhanded crapola tactics they have tried on me this last 14 months,I feel this offer is a right result...:-D and I am actually really very happy that finally this whole thing is almost concluded, its been a long slog and sometimes I have doubted my ability and staying power, but hey I'm here, just about to cross the line and I am proper happy...:-D

 

One last question here though, and I hope this is my last for this thread and this epic posting, I have the NOD and I am confused as to what I should put in the part that says: (enter name of judge) granted permission for the claimant discontinue (all)(part) of this (claim)(counterclaim) by order dated........

 

I am going to call the court on Monday and tell them about the offer that I plan to accept it and would like to issue the NOD...

 

Thanks again everyone and I will pop back to check answers and then I will let you all know when the cheque appears and we can pin this thread to the wall as done and dusted...

 

MR B

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" One last question here though, and I hope this is my last for this thread and this epic posting, I have the NOD and I am confused as to what I should put in the part that says: (enter name of judge) granted permission for the claimant discontinue (all)(part) of this (claim)(counter claim) by order dated........"

 

 

Leave that blank Mr B that's only when you need the permission of the Court to Discontinue.

 

Let me know once the cheque clears and I will amend your thread title accordingly..Well done

 

Regards

 

Andy

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  • 2 months later...

Hi everyone, the final chapter is now closed...

 

A brief run down of the last leg...

 

  • 8th March - CapOne solicitors sent my mum an offer for the 'unlawful charges' dating back to 2007, without any compound interest...
  • 9th March my mum agrees to accept the offer and I got the paperwork signed and sent off, via email and letter to the solicitor and called the court to confirm the case was halted and we had made an agreement and called the solicitor to confirm she had received the documents
  • 10th March CapOne solicitor sends us a Tomlin Order to sign and I get it signed and emailed back to them. She calls me to tell me she is presenting the signed Tomlin Order to the court.
  • 15th March we receive a notification from the court with regards to the case no longer being pursued and that they are aware of the 'agreement', the closing date for presenting our case was for the 2nd April but this of course no longer applies.
  • 10th April we receive a notification from the court that district judge Lloyd-Jones has agreed and stamped the Tomlin Order on the 2nd April.
  • 29th April I contact CapOne solicitor to find out what is going on as we have hear nothing from them at all. The solicitor gives me some attitude about 'if you have issue with how the court deals with such matters then I suggest you talk to them', I of course give her a barrage of words back about how its odd that Ive had the notice since the 10th and it was signed on the 2nd yet you are still unaware of the document blah blah...It reminds me of the time you claimed there was no court case and I had to get the FOS legal team involved to directly confirm where you were on the matter...sounds like you need to open your post a bit sooner...blah blah...she promptly shut up...
  • I told her that I would call on the 7th of may for confirmation that the cheque (which was supposed to be issued within 28 days of the Tomlin Order arriving) had been issued, and if it had not or she could not confirm this, I would contact the court directly to inform them of the breach by CapOne...
  • 7th May Cheque for £355.53 arrives...I email the solicitor and thank her for her time and effort and that I am glad I can finally draw a line under this nonsense...

 

So, all in all a splendid result, a lot of work and a lot of nonsense thrown at us by CapOne and sometimes I did wonder what the heck I had done, but with the help of the dedicated CAG members and bit of self belief I managed to win through and got a very decisive victory and got my mom her PPI and charges back...

 

CAG = Awesome :whoo:

 

bye for now everyone and I wish everyone the best of luck...

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so cap one still got £350 out of her.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi DX, yeah they did I suppose, but I prefer to think on it as, the account was worth 4.5K they have shelled out in the region of just over £10k to her, plus add to this the cost of all the man hours from regular office bods, legal people etc, add to this, the involvement of the FOS, various debt recovery people and Uncle Bryan, plus the court costs...it must amount to more than they had actually bargained for.

 

I also consider the fact they had no chance to palm it off and claim insurance for it a good result, because I honestly believe that this was their plan, just to write it off, sell it off cheap and claim, they did no however take into consideration that we would argue with them at every step and would have our own support and advice from Caggers like yourself and Andy, Ken, Seriously Fed up and a plethora of others who gave me the tools to fight the sods off...this in the end has still cost them more than they had bargained for.

 

Plus my mum decided that meeting them halfway was finally better than actually having to go to court, she is 63 and did not really fancy trawling off to Northampton court, nor wasting a days wages for me and paying the fuel costs there and back, and when we consider the fact that prior to this they were attempting to tell us she had no case, I feel though it was only half a U-Turn for them, it was nonetheless a U-Turn...They of course did only do this U-Turn when they realised we were actually going to court after all...

 

To be honest too, I have plenty of my own work to do and really decided it was probably time to draw a conclusion to it, just for the sake of £350 and considering the other £10K they have shelled out...it seemed afairly reasonable place to put the gauntlet down and draw a line under it...

 

-EDIT-

 

I also consider myself lucky enough to have been able to spend the time fighting this for her, I work from home mostly so am able to dip in and out when the need took me, and I am also lucky enough to have been able to spend enough time on CAG to get some background information on the way to go and the legalities. I know some of my friends in similar positions and they either just dont have the inclination to spend the time after being at work or in between the kids or they just don't believe its possible to beat these nasty Goliath companies...someone even accused me of making things worse for other customers because now CapOne will take the money they lost from other customers, I of course told them it was their look out to fight their own corner if they felt it was required and that I and CAG would show them the way if they needed to go down that path...

 

mrbrooks

Edited by mrbrooks
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As long as you got a result you can live with, then that is all that matters. I will now mark this thread as a success :)

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Well done Mr B delighted that this has now been resolved.

 

Regards

 

Andy

We could do with some help from you.

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I was interested if it was just the compounded int issue.

 

needs watching for future cases then.

 

but as you nailed them on more than the debt

when they treated you so badly..

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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