Ali vs cap one

[alibobsy]

Here we go the start of my fight against capital one, Data Protection Act on 10/06. Not holding my breath for a quick reply lol.
Also sent Data Protection Act for hubby on his capital one account as well on same day.
ali

[alibobsy]

Got details of hubbies charges and mine today, for no charge. As our account are still both active I had put in the Data Protection Act to add the £10 charge onto the account or write back to me to confirm if they needed payment seperately, but they state the information is provided for "no charge", only thing they do that doesn't incurr a charge lol.
Gonna do prelim letters today for both of us. Hubbies charges are more than the outstanding balance (£590) and mine is about half (£540)! God those charges soon build up.
Ali

[callumsgran]

Hi Ali, yes its amazing how the charges add up isn't it? welcome to the site(albeit belatedly-apologies) and good luck to you!!! keep us posted ok?

[alibobsy]

Been away on our hols and came back to a pile of letters lol. Cap one on both mine and hubbies account have offered the difference between their original charges and £12. Think most of the banks are trying this one! They have refunded the money to both our accounts already. I have done an LBA for both of us (already done prelim and a further letter before we went away) accepting the refunded amounts as partial settlements and asking for the rest. Will await reply.
Ali

[alibobsy]

ok the 14days after the lba's for both mine and hubbies cards is up tommorow. Going to prepare and start our court action. Already had a letter stating no further refunds will be made today (for both cards). Going to use the spreadsheet to work out the interest, but I have got one question. They have already refunded us the diff between the actual amounts they charged and the £12 figure banded about by the OFT. Already stated in my last letter about the OFT's findings and this not being considered by the OFT to be a "fair" amount as cap one state lol. Just wondering do I insert the full amount of the charges on the spreadsheet, work out the total and take off the refund. Or do I insert the charges on the spreadsheet at the £12 rate they have not refunded?
Obviously the first way will give me a higher amount, but could they argue in court I am asking for interest back on money they have already refunded?

Thanks Ali

[alibobsy]

Money claim done for hubbies account last night. Gonna do mine as well as soon as we can scrape together the court fee lol.
First case for us wish me luck!

ali

[gemini]

Hi Ali

I am in the same boat as you regarding how to work out interest when an amount has been credited back (the difference between £20 and £12). How did you calculate it. I am not sure and I am wanting to do Moneyclaim online but worried about maybe claiming too much interest

[alibobsy]

In the end I just worked out the interest on the full amount of each charge then took off the refund at the end as a "partial payment against the claim". The way I looked at it is they have charged me plenty of interest since these charges went on and to keep it simple I am only claiming the 8% not the contractual interest. If it went to court decided I could bring up the fact that their rates for interest are well over 20% and if pushed offer to reduce the interest then. To be honest they made the refund off their own bat, we didn't authorise it and our interest is only a small part of the claim. If they just gave us the charges and the court fee back hubbies account will be clear and mine almost clear.
Just nice to get a bit more back if we can lol.
Did our claim via moneyclaim and it is very straight forward. However took me a while to get it done, as this was our first go had to fiddle about a bit to get each bit right (didn't want to make any errors) and kept triple checking everything. Next time will be alot easier, even got the particulars of claim saved in word ready for the next one .
Good luck!
Will let you know how we get on, first time I've ever sued anyone.
ali

[alibobsy]

Date of service now confirmed as being 6th sept so await their acknowledgment of service by 20th.
ali

[alibobsy]

Got the response from the court yesterday stated they acknowledge claim and intend to defend, but no full offer as yet. Will await post for new few days with excitment lol.
ali

[alibobsy]

Got letter today offered full refund hurrah! Had a good laugh at the letter. A few good quotes are
"future fees can be avoided if payments are maintained and the bal kept within the credit limit" didn't know that did i doh!
"if you don't agree with our t & c i would respectfully request you consider closing your account"
Least they are asking nicely!
and finally
"i look forward to hearing from you shortly in response to this offer so we can avoid taking up valuable court time"
had a good chuckle over that last one lol.
will sort out a donation next week when the money clears.
Was a bit short of money this month so couldn't do my claim for cap one at same time as hubbies, i wrote a letter last week updating the number of charges and giving them a final 7 days to cough up, as my previous lba deadline expired in aug. Hubbies card will pay the fee to sue on my card now!
ali

[gemini]

Hi Ali

Congrats on getting the full refund! I've just done my moneyclaim for Cap One so wish me luck. One thing I need to know though, did you send anything to Cap One letting them know you were taking them to court and the details of charges and interest you were claiming back?

[alibobsy]

As long as you send your prelim and then lba letters as per the FAQ on the site you can go straight for court action. After doing the moneyclaim submission I did send capital one a copy of my spreadsheet with all the charges and interest on, plus the court ref number just to ensure they had all the info and things were clear to them what the claim was for.
Just for your info the claim was done online on 1st sept, deemed as served 6th sept, they acknowleged the claim within a few days (about the 8th i think) and we got the letter about full settlement yesterday. They had till 3rd oct to submit a defense, but never got that far. Just waiting for them to cough up the cash.
BTW they didn't include the daily interest in their offer but @ 13p per day for 20 odd days we haven't bothered about that.
My cap one card is still outstanding as we could only afford 1 court fee last month. Because of the delay I sent them a further lba including the latest charges and giving them an extra 7 days to cough up. Will do my 2nd moneyclaim early next week for that one.
Good luck with your claim!
ali

[alibobsy]

Hoping to get hubbies refund this week , but I have one question. What do I put on money claim to close the claim down?
Started the claim for my cap one as well.
ali

[alibobsy]

Managed to find the info re how to close down the claim myself. Just in case anyone else is wondering you can write to the court, ring the moneyclaim helpline or email them. Easy peasy!
Hubbies cap one now paid up so donation sent to the group thankyou guys!
We did also ask for the other charges made after the LBA went off (£80) to be refunded, but we are still waiting on those. Still they aren't closing the account as a new card just arrived today.
My card has the moneyclaim in and they have acknowledged so will wait and see what happens
ali

[reload]

Good stuff ali

[alibobsy]

Got a full settlement offer on my card yesterday hurrah! Just waiting for the cash
ali