IanCognito v Capital One

[hellhasnofury]

Re: IanCognito v Capital One

Can you give us a code to decifer(spelt wrong) or If you did would you have to kill me

[iancognito]

Re: IanCognito v Capital One

I have received their Acknowledgement from the court, it appears they intend to defend the whole claim igs:

No mention of a stay so far.

[iancognito]

Re: IanCognito v Capital One

I have had a letter off them this morning offering me my charges, 8% and courts fees (I think need to check it later, definitely not CI but more than charges) infact, they have not offered it me, they are forcing it on me, cheques in the post.

They say they will defend the claim on the basis that they have refunded the charges.

[WendyB]

Re: IanCognito v Capital One

I'd say that means YOU'VE WON!!!!!!!

Have you got the cheque yet??? Don't stop the case till you've got it (I know you already know all that lol but felt obliged to mention it)

This is only my opinion but in the light of recent CI stuff I'd be taking the dosh and dropping the case.

Well done you!!!!!!

[iancognito]

Re: IanCognito v Capital One

Thanks Wendy, I suppose it does, however I am going to write back to them pointing out how their unlawful charges increased the balance on my account and subsequently earned them more interest at the appalling rate of 27.5%, not gonna give up just yet!!!

[enaid]

Re: IanCognito v Capital One

Don't blame you for trying jan, not for one minute. This though is a new tactic for Cap1 up to now they were very predictable. I would just try and be in a position when they could not decline this offer, if you know what I mean lol.

[Delta]

Re: IanCognito v Capital One

Wooooohooooo

Well done, I got my papers this am, deemed as served today.

[WendyB]

Re: IanCognito v Capital One

I can see your point, but I really don't think they'll give a stuff - morals aren't exactly their strong point. But writing them another letter will mean they'll have to spend a bit more of their mega millions in time and effort to reply to you, plus very satisfying for you to give em the runaround a bit longer. At least you've had a quick response which is better than some other credit cards who really drag it out and take it to the wire. Its one less to worry about (almost!)

good on yer!!!!

[WendyB]

Re: IanCognito v Capital One

Has your cheque appeared yet?

[iancognito]

Re: IanCognito v Capital One

No it hasn't and I'm just gonna write a letter telling them not to send it so I'll keep you informed.

[WendyB]

Re: IanCognito v Capital One

Not to send it? Why?

And will you check out my letter on TonyB's thread please? At first I thought it was okay but now I think it looks all garbled. Is it me??

[iancognito]

Re: IanCognito v Capital One

The only one I am accepting will be for the full amount of my claim including CI, not giving them any excuse to say they have paid in full to the court, not even accepting as part settlement.

Yes I'll have a look at the letter and reply on there.

[stevokenevo]

Re: IanCognito v Capital One

Jan, i am at exact same stage as you, i returned AQ around 17 august, and they have cashed the £100 cheque. Not heard a peep from cap1 or the court though.

cap1s defence was

Defence - The claimant is asking for interest that is far higher that has ever been added to the account. Therefore we are prepared to refund all fees (£***) , interest on the fees (£***) 8% statuatory interest (£***) and court fee (£120) totalling £****.**

Thats it, in its entirity, not much of a defence i thought.
it is a nerve jangling time, but it always is, been through this several times with several institutions :slayer:

[iancognito]

Re: IanCognito v Capital One

Thanks Stevo, they haven't offered me any interest except 8% so until they do I'm off to court, they haven't submitted their defence yet but they say they will on the grounds that they have paid my claim in full!!!

Don't think so! keep me informed please

[WendyB]

Re: IanCognito v Capital One

I wish my principles were as strong as yours! Think I'd probably bottle it if I got to this stage. You're dead brave, both of you