Philtay v Capital One

[philtay]

This is my first post, so I'll bring you up to date with my position at the moment. I sent my LBA to capital one some 3 montha ago, 2 weeks passed and only the offer of £12 per charge. I then filed at my local court, which Cap1 acknowledged. I then received a letter from cap1 stating that they would be sending a cheque within 14 days for the full amount (inc contractual interest) minus what I owed. Two weeks later, no cheque, so I filled out the form requesting Judgement by default. Last week I received a letter from the court saying that judgement was not granted because Cap1 had sent them a letter saying that they had paid in full.

 

I am now wondering what my next move should be. I'm tempted to phone cap1 head office, then if no joy, try requesting judgement again and send in the baliffs.

 

Regards,

Philtay

[Guest ian cognito]

I would reply to the court letter saying payment not received, they're not going to be happy little bunnies that C1 have been telling porkies! Think you've given C1 ample opportunity to pay up now.

[philtay]

Decided to phone Wendy Starr on Tuesday. She was very helpful, seems there was a cockup their end. They posted the cheque to a previous address. BACS transfer arranged and should be in the bank by Monday. Not claiming a win 'till then

[electric lemon]

Might be wise to to check your credit file too in case they have done anything underhand.

 

No-one is to be trusted!

[philtay]

Just checked my credit file and it has a default. What would be the best course of action,given that I made no mention of amending my credit file in the POC?

 

Phil

[electric lemon]

You need to call firstly to this woman Wendy, & say that you have checked your credit file & see that they have registered a default against you.

 

Make it very clear, that a condition of your claim is that this is removed. Back this up with a letter sent to her by next day delivery (if you can afford it - costs about £4).Put in it....further to our conversation whereupon I made it clear that this a condition of the claim being concluded etc. If you look around on the Capital 1 site you will find copy letters that you can amend & use.

 

If she says that the default was because you didnt pay on time, went over limit blah, blah, blah., then state that had there not been charges then you would not have gone over your limt, not been able to pay etc. And that in fact this is their fault.

 

It can be very hard to get a default removed, but stick to your guns, & remember they will do almost ANYTHING to stay out of court.

You have the power!

 

And, DONT take the money or conclude with the court until they have removed it!

 

Good luck let me know how you get on sweet.

 

EL