Alphageek Vs Capital One ***WON***

[citizenB]

hehehe. I like the court scenario x

[Paintball]

Me too, chortle!! Good stuff AG, keep it up

 

 

 

 

[Alphageek]

£75 Hearing fee refund cheque received and banked.

 

Adverse CRA data not removed yet.

 

Tick-tock CapOne.

[Alphageek]

Received a letter from them dated 21 April.

 

21 April 2008

 

Dear AlphaGeeK

Court Claim number: x

Claimant: AlphaGeeK

Defendant: Capital One Bank (Europe) pic

 

Following my email dated 20 March 2008, I regret to inform you that we have not been able to amend your credit file within 28 days from 17 March 2008 due to an unforeseen internal problem.

 

I have spoken with the relevant department who has informed me that the amendments to remove the late marks from your credit file from June 2007 until March 2008 should now show on your credit files within 48 hours from today.

 

Please can you confirm that once you have checked your credit file and the amendments are made that you will discontinue your claim and the hearing on 2 May 2008 will be vacated. I apologise for any inconvenience this may have caused.

 

Yours sincerely,

PERSON

Legal Department

For and on behalf of

Capital One Bank (Europe) plc

To which I have replied.

 

Dear PERSON

 

I am in receipt of your letter dated 21 April 2008, the contents of which I am very disappointed with. An organisation the size of Capital One having an “unforeseen internal problem” lasting for a whole 28 days is rather stretching credibility somewhat.

 

You will be aware that I have copied the Court with all correspondence between us. You most recent letter puts me in a difficult position.

 

I can verify you have amended, on 21 April, the data you publish jointly with Experian via their own website. Far outwith the time frame you undertook.

 

I cannot verify you have amended the data you publish jointly with Equifax and/or Callcredit.

 

I considered my position very carefully on March 17 and found that allowing you 28 days to amend the data would give you enough time to carry out the amendment and for the service I use for verification (checkmyfile.com) to have generated its monthly updates which I calculated would be on the 16 April (giving you at least one extra day).

 

Indeed, checkmyfile did generate their reports on 16 April and I see this published by you and:

 

Equifax: [screenshot deleted from here]

and Callcredit: [screenshot deleted from here]

 

Your inaction means there is now no time between now and the appointed Court date of 2 May to enable me to verify you have amended the data as promised.

 

Given your broken promises, I do wonder if I should be minded to trust you at your word or let you send a locum to the hearing, who doubtless will have little knowledge of the case but big ideas on how to draw up their invoice to you. You could then present your evidence before the Judge.

 

I am scheduled to work my normal hours on 2 May so would have to ask the Judge for the Litigant in Person rate and whatever expenses he deems fit should I need to take a day’s unpaid leave and he finds in my favour.

 

Please set out your position by noon, 24 April at the latest.

[citizenB]

This beggars belief doesnt it ?

[Alphageek]

I am thinking of asking them to file an N285 - General form of affidavit.

[Alphageek]

Received via email

 

Dear Alphageek

 

Thank you for your email.

 

Again I apologise for the delay in amending your credit file. I have

been advised by a member of the credit file amendment team that all 3

credit reference agencies will show the amendments.

 

On the basis that we have agreed to make the amendments to your credit

file I do not believe the hearing on 2 May is necessary. If you would

like to obtain a copy of your credit file with Equifax and Callcredit,

we will reimburse you for the cost.

 

Please let me know your thoughts.

 

Yours sincerely

 

PERSON

Legal Department

Capital One Bank

Replied

 

Dear PERSON,

 

Thank you for your email.

 

The terms you use are vague: '3 credit reference agencies will

show', 'agreed to make'- they do not convey you have kept

to our agreement.

 

You now have two options.

 

1 Provide me with a scanned copy of the documents you sent to

Callcredit and Equifax.

2 File an N285 - General form of affidavit, stating the actions

you have carried out and provide me with a copy.

 

It is in your interests to avoid this Court hearing and I offer the two

options above in an attempt to avoid putting you to further costs.

 

Yours sincerely

 

Alphageek.

[Alphageek]

Email received.

 

Dear Alphageek

 

'3 credit reference agencies' refers to Equifax, Experian and Callcredit.

 

The 'agreed to make' refers to removing the late marks from you credit file from June 2007 until 17 March 2008.

 

I can send a letter to York County Court to confirm the terms of our settlement and that you have been sent the cheque for 75 and that on 21 April 2008, the late marks from June 2007 until 17 March 2008 were removed from your credit reports with Equifax, Experian and Callcredit.

 

Yours sincerely

 

PERSON

Legal Department

Capital One Bank

Email reply.

 

Dear PERSON,

 

Thank you for your email.

 

I have given your latest proposal some thought and agree to add it as a 3rd option on one condition. That being you copy the letter to me as an attachement and send it to the Court via Royal Mail's Recorded Delivery service and let me have the tracking number.

 

I will use the Royal Mail's website to verify delivery. Once the Court is in receipt, I shall seek a discontinuance.

 

With time being short, I am sure you will agree that this task should not be left to the administration department who have put you in this pickle in the first place.

 

Yours sincerely,

 

Alphageek

[slick132]

Way to go Alpha

[citizenB]

I like it. x

[steven4064]

Nice

[Alphageek]

Another exchange.

 

Received.

 

The Court Manager

XXX County Court

 

24 April 2008

 

Dear Sir

 

Court Claim number: x

Claimant: Alphageek

Defendant: Capital One Bank (Europe) plc

Hearing: 2 May 2008: 14:00

 

On 17 March 2008 in settlement of the above claim the Defendant agreed to:

 

Reimburse the Claimant £75 for the hearing fee paid; and Within 28 days, remove the late payment marks on the Claimant’s credit file recorded with the following credit reference agencies: - Equifax, Experian and Callcredit.

 

The claimant agreed to:

 

Discontinue his claim.

 

I can confirm that the Claimant has been sent a cheque for £75 for the hearing fee. We were unable to amend the Claimant’s credit file within the 28 days stipulated. However I can confirm that the late marks recorded with the credit reference agencies were removed on 21 April 2008.

 

The Claimant has stated that on receipt of this letter he will discontinue his claim. On the basis that the parties have reached and agreement to settle this claim, we ask that the hearing on 2 May 3008 is vacated and the claim dismissed.

 

Yours faithfully

 

PERSON

Litigation Paralegal

For and on behalf of Capital One

Bank (Europe) plc

Sent.

 

Dear PERSON,

 

Thank you for your email.

 

You do not seem to have enclosed the tracking number to enable me to verify delivery to the Court. I am sure this is an oversight.

 

I look forward to its receipt by return.

 

Yours sincerely,

 

Alphageek.

[citizenB]

They keep trying to slip one past you dont they?.

[Alphageek]

In all seriousness, there isn't time for me to get a report from Equifax and Callcredit and there probably isn't time for me to write to the Court and get confirmation that Capital One had filed their letter.

 

Goodness knows why, but I am trying to help prevent them having to send some feckless locum and getting a CCJ registered against them.

 

If the silly PERSON has sent the letter via normal mail, then the offer I made has not been taken. I am sure my emails were in PIL and if they can't read or are willing to play brinkmanship this close to Court then I am willing to meet the apointment with the DJ.

 

There is the point that I have offered to settle for less than I claimed, made concessions on further fees levied during the life of this case and if we go to court, the CI and Stat 8% between our 'agreement' and May 02 will mean they will have to pay me more than they have so far when the Judge rules in my favour.

 

The locum's fee, my litigant in person costs, additional interest and whatever else the Judge awards is probably going to cost them about £500.

[steven4064]

I suppose you could phone the court and ask if they have received it (except courts are often several days behond opening the post)

[Alphageek]

Yes, I have never had to call the Court for any reason but I have read lots on here from people who have and been told that they should wait a few days as the admin is behind with their work load.

 

Cap One don't have time on their side.

[steven4064]

Before the OFT case stays, my local court was about 4 weeks behind opening the post

[voyager9]

hi alpha geek, i am due in court soon and am trying to prepare a bundle but am having trouble locating some of the extras which you used which i think maybe usefull to me,namely the differant oft stuff.

 

i have found the Calculating fair default charges in credit card contracts (April 2006

 

but cant find the others could you help?

 

voyager9

[voyager9]

its ok have found them

 

voyager9:o

[Alphageek]

Right, they have paid up and removed adverse CRA data. Time for a thread title change.

 

I have filed a Notice of discontinuance (n279).

 

Just preparing my wasted costs order now

[Alphageek]

What hourly rate can I charge for time worked on this claim?

[citizenB]

I am pretty certain I have seen the sum of £9.25 per hour quoted.

[Alphageek]

Thanks, that's the litigant in person rate so I had used that already.

[Alphageek]

Ok, every in and out action has been particularised on a spreadsheet.

 

Sub totals 18h:55m:00s

Hourly rate £9.25

Plus actual costs £17.40

Grand Total £192.38

 

Should put a nice smile on their face when they get this letter.

[citizenB]

Thanks, that's the litigant in person rate so I had used that already.

 

 

Aha, I wonder whether that is where I had seen it. !!.