Flangies v Capital One

[Budgie]

Re: Flangies v Capital One

You need to file your caim at a County Court, so I guess Slough, Reading or Basingstoke would be the closest to you.

I have just tried to get through to my own Court ( Kingston Upon Thames ) because I believe it is possible to file documents online with them. Not sure if that means that the initial claim can be filed online or just later documents etc.

It's not possible to shorten the POC ( certainly not down to 1080 characters ).

Why can't you get to a County Court?

If it is really that difficult for you I could probably arrange to collect documents from you and then file at Kingston County Court. They are familiar with claims against Capital One there.................PMSL

Budgie

[Flangies]

Re: Flangies v Capital One

Budgie
You are sooooooo helpful; I have just spoken with my other half and we will go to Slough or Basingstoke or Reading over the next few days.. its the fact that you cant file on a Saturday and with working full time, getting time off is can be an issue. But we will make the time, what with all the hard work we put into this.

I didnt realise it had to be a county court. My other half may be workign over Basingstoke way this week;would he be able to do on my behalf?

I will just have to redo the N1 though now huh? Change date on spreadie & POC and amounts etc. But at least I got this copy to follow.

x

[Budgie]

Re: Flangies v Capital One

Budgie
You are sooooooo helpful; I have just spoken with my other half and we will go to Slough or Basingstoke or Reading over the next few days.. its the fact that you cant file on a Saturday and with working full time, getting time off is can be an issue. But we will make the time, what with all the hard work we put into this.

I didnt realise it had to be a county court. My other half may be workign over Basingstoke way this week;would he be able to do on my behalf?
Yes he would, doesn't take very long to do. Make sure he takes three copies with him. One for court, one for Defendant and a spare.

I will just have to redo the N1 though now huh? Change date on spreadie & POC and amounts etc. But at least I got this copy to follow.
Yes that would be best and it's quite easy to do as you already know.

As soon as you have your claim filed you will be able to sit back and relax and let the fun and games start with Capital One.

x

Budgie

[Flangies]

Re: Flangies v Capital One

Hi Budgie
Ok so I have amended my spreadie, POC & completed a new N1
The amount I will be claiming without the court costs is just under £5,000.

This is ok isnt it? it comes to just over £5,000 with court fee.

[Budgie]

Re: Flangies v Capital One

yes thats fine

[Budgie]

Re: Flangies v Capital One

Hi Flangies,

Did you file claim?

What date ?

Any news?

Not that I am impatient, of course !!!!!!!!!!!!!!!

[Flangies]

Re: Flangies v Capital One

Hi Budgie
Yes I claimed at Guildford court this morning; unfortunatly I or my other half couldnt get time off to doit till today.BUT it has been done, so thats fab and I am pleased I have done it!

We asked the cashier when filing how long the turn around is and she said about two weeks approx.

So what shall I expect now hun?

[Flangies]

Re: Flangies v Capital One

Received a letter this morning from court saying that the notice of issue will be served to CapOne on Monday 9th and they have till 23rd November to reply.

I better put a note in mydiary

[Budgie]

Re: Flangies v Capital One

Any news Flangies ?

[Flangies]

Re: Flangies v Capital One

Budgie
yes I have ans Cap One has filed an aknowledge of service on 16th Nov saying they intend to defend all the claim.
It states the defendant has 28 days from the date of this service of the claim, or of the particulrs ofclaim to file e defence!!

It also staes the defendants name has been corrected to read CAPITAL ONE (whats all that about??)

The acknowledgment was filed by the solicitors actingforthe defendant who have given the following name and it isthe cap one address legal dept......

There is a responsepack with it too; which is a bit paper and it says on the top-included in this oack is either a admission form N9A or admission form N9C BUT nothing else with the letter???

not sure what to do now Budgie??? should I be worried?? lol

[Budgie]

Re: Flangies v Capital One

You do not need to do anything at the moment Flangies.

Everything is proceeding as it should.

Cap One have 28 days from date of service within which to file a defence.

Expect to receive a letter from Cap One within the next few days which will probably contain loads of waffle and probably say that you are not entitled to compound interest and that they applied charges in accordance with the agreement and that these are fair etc etc etc. They will then go on to say that they are settling your claim in accordance with their view of what your claim should be ( IE based on return of all charges plus return of any purchase interest you ever paid on the account plus stat court interest at 8% per annum plus your court fee ) they will say in the letter that they will defend on the basis that they have settled your claim in full.

At this stage you can make a decision to accept their proposal or to continue on and fight the claim for compound interest. Totally up to you what to do at this stage.

But please don't do anything until you have checked with me.

If you do wish to accept their proposal then that's fine ( that was what you originally thought you might do ) but there would also be an opportunity to get any late payment markers or adverse information removed from your credit file for the Capital One account as part of any settlement. This would be a good bonus.

I think from memory that a settlement as described above would clear your account and give you a bit of cash on top. We can obviously double check the figures they propose when you receive it from them.

See my post on this thread on the 8th July for a bit more information on the figures I expect them to propose.


So just sit back and wait.

Budgie

[Flangies]

Re: Flangies v Capital One

what a star you are; many thanks, so this is normal then? I honestly thought I had something to worry about
xx

[Budgie]

Re: Flangies v Capital One

All perfectly normal

[Flangies]

Re: Flangies v Capital One

BUdgie
Ok you was quite right;recieved my letter today from Cap One offering me without any admission liability blah blah the refund of 1024.00 what the charges were and the amount of 1,302.30 which is default sums and court cost of 108.00 totalling = 2,234.30. and are sending me cheque in 21 days!

if I no longer agree to the terms & conditions I should close my account etc... this is of course a goodwill gesture....... and I should write to the court and let them knowI amhappy ............

I have also received a allocation questionnaire which I guess I need ti fill in if I am not happy??

You said to let you know first before I proceed

[Budgie]

Re: Flangies v Capital One

Flangies, I could hug you !!!!!!!!!

If ever I needed some good news it's today.

Is there any way you could scan and email me a copy of the offer just so that I can check it through for you.

My first reaction is that they have offered you too much money, which of course you will not complain about. But would really like to see letter just to check its all clean and above board.

Budgie