LBA & POC to claim a settlement from a CMC

[yan79]

Re: LBA & POC to claim a settlement from a CMC

That now makes perfect sense! Thank you very much.
Bit slow on the uptake

yan x x

[Amethyst]

Re: LBA & POC to claim a settlement from a CMC

Yan and Gills - have sent you both a PM regarding the Ministry of Justice.

[fed up of rh]

Re: LBA & POC to claim a settlement from a CMC

hi i am sorry i am a bit behind with my dealings with rh. have only just sent off the lba due to a breif ilness.playing catch up but hope to follow same route. thanks everyone for the help

[Amethyst]

Re: LBA & POC to claim a settlement from a CMC

i'll send you the same pm re the MOJ :kiss:

[yan79]

Re: LBA & POC to claim a settlement from a CMC

Thanks I've sent the email to MOJ just this second.

Yan

[Amethyst]

Re: LBA & POC to claim a settlement from a CMC

lovely

[Budgie]

Re: LBA & POC to claim a settlement from a CMC

Amended POC ( suitable for MCOL )

1. Claimant made a contract with the Defendant around xx/xx/xxxx for the Defendant to undertake work to obtain a refund of Claimant’s charges from a 3rd party 'Capital One' in their capacity as a claims mgt company.

2. The agreement contained the following term "Robertson Holbrook will endeavour to recover all such bank charges and undertake to forward any payment from my bank to me within seven days from the date received”.

3. Defendant received a settlement payment of £YYY.YY from 'Capital One' around zz/zz/zzzz.

4. The Defendant, despite repeated requests, has failed to make the contractual payment to the Claimant.

5. Accordingly the Claimant claims:
a) Payment of the sum of £yyy.yy
b) Interest under s.69 of the County Courts Act 1984 at rate of 8% pa, from bb/bb/bbbb to cc/cc/cccc of £dd.dd and interest at same rate to the date of judgment or settlement at daily rate of £e.ee.
c) Court fees incurred by the Claimant.


Notes for above red bits.

xx/xx/xxxx - This should be the date ( approx date is OK ) which you sent the signed contract off to Robertson Holbrook

£yyy.yy - This should be the exact amount that Capital One refunded to Robertson Holbrook. ( If in doubt please phone Capital One to check this amount).

zz/zz/zzzz - This should be the date that Capital One sent the settlement payment to Robertson Holbrook plus add 5 days to allow for post transit time. ( Again, if in doubt check the date with Capital One ).

bb/bb/bbbb - This should be 7 days after the date entered for zz/zz/zzzz ( IE Robertson Holbrook should have made payment to Claimant within 7 days of receipt of payment from Capital One. You can therefore claim statutory court interest from that date.

cc/cc/cccc - This should be the date upon which you will be filing your MCOL claim

£dd/dd - When you know all the above figures and dates you can easily work this out using the statutory interest spreadsheet. Any problems give me a shout on here and I can do it for you.

£e.ee - As above

[yan79]

Re: LBA & POC to claim a settlement from a CMC

Hiya.

Thanks Budgie for the above.

I've just spoken to a friend of mine who had to take somebody to small claims court.
She said it was really expensive (she's claiming back 3k) She said she paid the initial £70 and then fees kept popping up everywhere, like a hearing fee £100. She sad she ended up paying out about £400. Now I know I can claim this back but I can' afford to pay it out in the first place. :S I thought it would be flat fee of £70.

Also she said its taken her the best part of a year to get her money back...arrrg!

Is this true?

Yan

[natweststaffmember]

Re: LBA & POC to claim a settlement from a CMC

yan do you qualify for fee remission, ie are you on any state benefits?

[yan79]

Re: LBA & POC to claim a settlement from a CMC

Hiya.

The only benefits I get are child benefit and child tax credit.

Yan

[Gills1970]

Re: LBA & POC to claim a settlement from a CMC

Me too Yan - this is so frustrating! I hate RH!!!

[yan79]

Re: LBA & POC to claim a settlement from a CMC

I do too Gills!

I needed this money so bad to pay the rest of my wedding. Now I'm going to have to work myself to death to try to find it. Trouble is there's no overtime at work, god knows what I'm going to do. I'm a bit stuck really as to what I should do. I need about £700 to finish paying off the wedding. RH owe me £600. If I pay the court fees and they're more than expected I'm not going to be able to save the money. BUT if it's only going to be £70 and they settle in a few weeks it will obviously work to my advantage.

I really don't understand why they wont tell us the truth, why on earth are they lying and with holding money from us, I'll never understand.

Yan

[Amethyst]

Re: LBA & POC to claim a settlement from a CMC

Court Fees.

£70 initial court fee (£1000-£1500 claim)
No allocation fee for claims under £1500
Hearing Fee - £100 (between £1000 and £1500 claim)

That should be the maximum.

If you have judgment or default judgment and RH still refuse to pay then you may need to instruct bailiffs which a 'warrant of execution' is £100.

[Budgie]

Re: LBA & POC to claim a settlement from a CMC

Truth of the matter !

RH are not going to pay you the money they owe you.

Capital One appear to be washing their hands of the issue !

The only possibility of getting your money appears to be by taking court action !

If you cannot afford to launch your county court claim you can apply for a fee remission, see notes below and at provided links. It is NOT just based on the fact that you have to be receiving benefits. ( see below ).

Am I entitled to fee remission?
You can apply for fee remission under three concessions. You will need to download the EX160 form to see what concession you may apply under. Fee exemption has now been replaced by Full remission based on means tested benefit which is available to an applicant who is in receipt of a means tested benefit at the time of making the application.
You will need to read the EX160 to find the benefits which allow you to apply for Full remission and the evidence which must be provided.
The two other forms of remission are remission based on gross annual income where your income must be under a specified amount dependant upon the number of dependants you have and part Remission based on a contribution. For all Remissions original evidence and documentation is required. The EX160 will provide you with full guidance regarding this.

If you win your claim you will most likely be able to recover any court fees you have actually paid.

However, winning your claim is no guarantee that you will get your money from RH anytime soon. They may refuse to pay and you might have to send in the bailiffs, all of which will take time and cost money via the courts.

To be honest, the court route is potentially a bloody nightmare and one which you originally wished to avoid, you originally entrusted RH to handle your charge reclaim for you and to handle any court claim that might result with Capital One.
However, court action against RH is now probably the only way that you are likely to ever get what is owed to you by these reprobates.

I am currently checking to see if it might be possible to file a single court claim for all three of you ( all three claims are so similar it might be possible ) plus am considering other possibilities.

Please check out the fee remission possibilities and let us know if these might apply to you.

[TUTTSI]

Re: LBA & POC to claim a settlement from a CMC

RH are in serious breach of their contract with their client(s) withholding refunds obtained is fraudulent.

I also believe that this is a police matter and trading standards should also be informed and the MOJ must me advised as otherwise they can carry on doing this to others.

Tuttsi