Bonus V Capital One

Bonus77 · 29th June 2006, 16:05

Hi,

It all starts now. Prelim letter done, schedule completed. £280 claim submitted.

Thanks for info everyone who has posted, ive been reading like a madman and am ready to commence my first battle. I have a few financial institutions to tackle, and am going for it one by one.

I'll post any info on progress.

Bonus77 · 6th July 2006, 17:13

1 week later, nothing heard.

Cant wait to start next step!!

Bonus77 · 12th July 2006, 23:09

Ok standard letter received stating how they believe charges are fair and offering an amount of £112 as the difference in OFT's supposed fair charge.

Ok, so is it LBA time now? Also, as the account is overlimit, now they have added another £40, can I add that to my claim in the LBA?

clayts · 13th July 2006, 02:49

Yes, add the £40 to your LBA and include the new charges on the schedule you enclose.

By all means accept their paltry offer as a partial settlement, but maintain you are continuing your claim for the rest. I don't think they give you much choice as they seemingly just credit it to your account anyway.

Bonus77 · 14th July 2006, 16:32

Cheers Clayts, Sent LBA today...

Hopefully they will just settle before court.

morleywhite · 14th July 2006, 20:53

Quote:

Originally Posted by clayts

Yes, add the £40 to your LBA and include the new charges on the schedule you enclose.

By all means accept their paltry offer as a partial settlement, but maintain you are continuing your claim for the rest. I don't think they give you much choice as they seemingly just credit it to your account anyway.

when you say on the schedule you enclose is that like just a list of dates and charges etc or is something totally different ?

clayts · 15th July 2006, 02:16

Yes, a list of dates and charges is what I meant

Apologies for jargonese.

Bonus77 · 15th July 2006, 11:08

Cheers fella, we knew what you were on about anyway.

Bonus77 · 24th July 2006, 22:18

Okay, still no reply and they havent even creditted the acconut with the £112 partial settlement.

So, next step on friday is to start the money claim. I will get reading to prep.

clarkey1 · 25th July 2006, 01:20

Bonus77

Copy and past the following in your claim form if it helps and just fill in your dates and figures.

I have a contract with Capital One Bank from 2000
which is conducted on their standard terms
and conditions. I am claiming the return of
money taken by the defendant
by way of charges over the last 6 years
and interest they have levied on those
charges. These charges are a
disproportionate penalty and so
unenforceable as they are contrary to common
law. Further, as a disproportionate penalty
they are invalid under the Unfair
(Contracts) Terms Act 1977 s.4 and under the
Unfair Terms in Consumer Contracts
Regulations 1999. Para.8 and sch.2(1)(e). In
the event that the charges are not a penalty
they are unreasonable within the
meaning of the Supply of Goods and Services
Act 1982 s.15. I also claim interest under section 69 of
the County Courts Act 1984 at the rate of 8%
a year from 08/05/2000 to 09/05/2006 of £
600,and also interest at the same rate up
to the date of judgment or earlier payment
at a daily rate of 8%.

Hope this helps.

Bonus77 · 25th July 2006, 10:41

Thanks mate, this really helps.

Bonus77 · 27th July 2006, 22:22

Ok im starting my money claim now and i have a quick question.

Since I sent my LBA, capital one have given me a further £20 charge. Can I also claim this??

Bonus77 · 27th July 2006, 22:52

Okay, just finished completing my claim, but i havent submitted it as the 14 days doesnt really end until tomorrow. ( Letter dated 14th July 2006, sent recorded post 15th July 2006.)

So.. made a claim for £260 + £15.21 interest and £30 Fee. Its ready to go bar a full settlement in the post tomorrow.

clarkey1 · 27th July 2006, 23:38

Bonus,

Yes you can claim the £20 you have incurred during the process,

I notice when you started your claim you were claiming £280, and you have reduced this on your claim form are you letting them off with the £20 quid?

Bonus77 · 28th July 2006, 01:01

I spotted that I made a mistake originally. They had reversed a charge, so I deducted that before i made my initial request.

Thanks for your help Clarkey1, I will certainly add the new £20 charge.

clarkey1 · 28th July 2006, 01:12

Your welcome and go luck

Bonus77 · 31st July 2006, 12:17

Okay, thought i would give them til today just to allow for postage time.

I have completed my claim, but i want to check the address im serving.

Its

Capital One (Europe plc)
PO Box 5281
Nottingham
NG2 3FA

Is that the one I should use?

clarkey1 · 31st July 2006, 21:20

Quote:

Originally Posted by Bonus77

Okay, thought i would give them til today just to allow for postage time.

I have completed my claim, but i want to check the address im serving.

Its

Capital One (Europe plc)
PO Box 5281
Nottingham
NG2 3FA

Is that the one I should use?

The Post Code is NG2 3HX.

Bonus77 · 31st July 2006, 22:14

Thanks again Clarkey1.

Just lastly, when ive seen some claim descriptions they have mentioned that the company have refused to give a breakdown of their cost. Shall I mention something similar in my claim description or literally as you put it in an earlier post?

clarkey1 · 31st July 2006, 22:57

The claim form on money claim online is a bit complicated as you are only limited to a number of letters and lines.

However what I have done is complied with the information required aswell as informing the court of my legal requests, and it all fits the form.

I would reccommend you do the same as this has worked for me on two occasions.

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