cap one claim should I MCOL or N1?

[helenf]

Hello all,

i have done all the letters and had the standard replies of an offer for a fraction of the amount claimed and was wondering which court route to take now? Should it be MCOL or N1? Please can someone advise me?

thanks

H

[maroondevo52]

Hi, helen.

I think all MCOL claims are automatically stayed, so N1 is the way to go

Regards.

Scott.

[Michael Browne]

If you have a choice, it is always preferable to file using N1 at your local court. The two main disadvantages with MCOL are that your Particulars of Claim are limited to just 1080 characters with a maximum of 24 lines and you cannot attach the schedule of charges to your claim.

Both these drawbacks can create problems later on. The banks use these limitations of MCOL to assert, with some justification, that the claim has not been fully particularised.

Therefore I would strongly advise you to file at your local court. It will be transferred here eventually anyway.

OFT TEST CASE:
Following the announcement by the OFT, all bank charge claims filed at MCOL are being automatically stayed.(and MCOL will often as not stay credit card claims also) Therefore it is advisable only to file a claim using N1 at your local court

If you are on benefits, you may be eligible for exemption from court fees.
You can only apply for this at your local court using form Ex160.

[helenf]

Thankyou so much Michael and Maroondevo, another quickie??? where can i find T + C relating 2002?? As per what seems their usual tack Cap One did not send anything through with Subject Access Request relating to these

[helenf]

HELLO

I went to court to get the N1 form and have put the Cap One address as 350 Euston Road is this correct as I have seen on other threads the full Nottingham address and now i am confused??! Also what is ASSOCIATED OVERDRAFT INTEREST CHARGES?? I found this on the POC - N1 updated version which shows how to fill out the N1?

Should I be putting "return of bank charges" in the brief details of claim section as this is for a credit card...please help..I am getting very stressed and thinking of giving up as getting no support from other half and it;s his blooming credit card i am trying to claim back for!!!

[saintly_1]

Hi the POC's for creditcards can be found here Credit Card charges POC N1

[Michael Browne]

Euston Road is fine:
CAPITAL ONE BANK (EUROPE) PLC
350 EUSTON ROAD
LONDON
NW1 3JJ

Also what is ASSOCIATED OVERDRAFT INTEREST CHARGES??

As well as charging interest on your outstanding purchases, when your balance includes late payment and over the limit charges, they are also adding interest on those charges. But it's difficult to separate this interest from the purchase interest, so for simplicity some people don't bother. In which case just ignore this and delete that line.

[helenf]

thank you saintly 1 and michael I really appreciate your help..I'll plod on!!

[helenf]

I am going to ignore the associated interest charges bit..too complicated for a blonde to even try and figure it out!!!