I need help please - ready to apply to Court ***WON***

[scallyally]

Hiya I have today received an "offer" from Capital One for £232, the total amount I wish to claim is £580. The letter states that as I signed the agreement and agreed to the original terms and conditions. Do I now have to accept this offer because of this? Any help would be very much appreciated.

 

thank you

[lindylou1974]

Hi Scally

No you dont have to accept this offer, send a letter rejecting the offer and preceed to court stage.

You might have agreed to the Terms & Conditions, however not to unlawful charges.

Lindy x

[scallyally]

Thanks Lindy, that was super quick!! Is there a template for the rejection letter?

 

thanks

[lindylou1974]

Hi Scally

Heres the link

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

Lindy x

[scallyally]

Many thanks Lindy youre a star.

 

One final question. They have responded very quickly right from the start, what time scale shall I set with regards to this rejection letter?

 

thank you

[ukaviator]

14 days is the normal time scale. Some have used 10 days to get an answer.

 

Uk

[scallyally]

Thats great many thanks to you both

[scallyally]

Capital One has offered me £232 when in fact they owe me £580. I have rejected their 'goodwill' offer and I have just received a standard letter back saying this is their final offer. I am now ready to move to issuing Court papers and have not got a clue. I live really near to a County Court and intend to go in in person, am I able to? And what do I say as I have not got a clue.

 

Any help would be much appreciated.

[jshtr3]

Hi scally (are you really a scally???)

 

Yes, you can file in person Take 3 copies of this http://www.consumeractiongroup.co.uk/forum/bank-templates-library/844-n1-claims-form-pdf.html and use this template http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html to fill in the details. You will need to change some of the details so make sure you read it carefully and ask any questions

[scallyally]

Lol depends what you deem a Scally!

 

thank you so much for the info. Am I able to get the forms from the County Court direct? I dont have a printer but might just invest in one if I cant get the forms direct

 

Many thanks

[chocolatte]

Lol depends what you deem a Scally!

 

thank you so much for the info. Am I able to get the forms from the County Court direct? I dont have a printer but might just invest in one if I cant get the forms direct

 

Many thanks

 

Yes, you can pop into your local court and they will give you the relevant forms along with the notes on how to complete the forms. If they are very nice they might spare you the time if you have any more questions, however, I expect they are run off their feet at the mo, lol

Good Luck.

Don't worry there are plenty of kind people here willing to offer you advice.

[scallyally]

Hi again, ive had a look at submitting my court papers online and it is going to cost me £80, does this sound right for the £590 that I am claiming?

 

Wanted to check before I paid it!

 

many thanks in advance

[jshtr3]

Scally's a scouse word for "scoundrel" or "vicky pollard" isn't it? (no offence by the way;) ) Yes £80 sounds about right. You can pick up a printer pretty cheaply and if you have any other claims to make it would be well worth the investment.

[scallyally]

lol maybe a slight scoundrel ok I hold my hands up! But Vicky Pollard??? thats way below my geordie belt! hehe

 

Just wanted to check as I though maybe that was too high at £80, great I shall get that paid and away we go!

 

I think a printer will be a good idea just for general use, always there.

 

Many thanks, you guys are brill!

[ukaviator]

Court fees . .

 

£300.01 - £500 - £50

 

£500.01 - £1,000 - £80

 

 

Uk

[scallyally]

Hi again, I have today applied to the court for my money back. Can anyone give me a rough time scale as to what happens now? Any advice would be gratefully received.

[Deller]

Timescales from filing through the courts are as follows:

 

The court will allow 5 days for the claim to be deemed served, the defendant will the get 14 days to acknowledge the claim. If they acknowledge the claim, which they usually do, they will then be given a further 14 days to submit their defence....this is usually left til the last minute by all the banks.

 

So 33 days in all from date of filing. As for after this timescale it really does vary, it will depend on what directions the Judge gives etc.

[jshtr3]

Hi, they seem to be acknowledging the claim within 2 weeks and then entering a defence at the same time as they offer to settle. If all goes according to form you'll get a settlement offer in around 4 weeks

[scallyally]

Thank you so much indeed.

 

Am I now to assume that I dont need to do anything further? Do I just simply wait?

[bongobaz]

just sit back and wait for the postman!

[scallyally]

thank you so much, this is very exciting!

[scallyally]

On the online site it is asking me to check one of the following boxes

The defendant has not filed an admission or defence to my claim

or

The defendant admits that all the money is owed

not sure if I have to do this now or later? Many thanks

[scallyally]

Hiya, Ive just received an Acknowledgement of Service in which Cap One have ticked the box "I Intend to defend all of this claime" is this normal or does this mean they are goind to do just that? Any advice would be great.

[bnradford lad]

Most likely they will put in a defence, and then pay you out quite soon, long before the court stage

[ukaviator]

This is normal... not long now..

 

uK