About to send prelim to Capital One. Have questions though......

[millymollymoo]

Hi I hope someone can answer some questions I have before I send my Prelim off.

I am not sure which letter to use first the Prelim or this titled Credit/Store Card Letter Template to start the claim off.

Also, I have decided to add compounded contractual interest to the claim straightaway instead of statutory 8% at the MCOL stage.

THINKING AHEAD.........

Am I able to proceed with MCOL if they refuse. (I am sure they will) or do I have to use a N1 form. I know I am jumping ahead, just want some pre knowledge.

THANKS MILLY

[Michael Browne]

Use the prelim but replace:

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations

with 'late payment and over the limit fees' and again in the 'What I Require' paragraph.

For contractual use N1 since you need to add this in your POC's and it won't fit at MCOL:

"The Claimant also claims interest at a rate of xx%, from the date of each transaction to (date of claim) of £xxxxxx, as set out in the attached list of charges. The claimant further claims interest at the same rate up to the date of judgement or earlier payment, at a daily rate of £xxxxx per day.
The Claimant believes this rate to be justified under the principle of mutuality and reciprocity, and is based on the Defendants overdraft interest rate that would be applied under the terms of the above mentioned account.
Should the court find that this interest rate is not applicable, then as an alternative the Claimant wishes to claim interest pursuant to section 69..etc......"

[millymollymoo]

Hi Michael. Wow! Thank you. I appreciate this. I will need lots of help

[willowthewysp]

Hey there!
Good luck against cap one, seems we are at the same stage! Out of interest, which spreadsheet did you use?...The simple version or the advanced version?
xx

[millymollymoo]

Originally Posted by willowthewysp

Hey there!
Good luck against cap one, seems we are at the same stage! Out of interest, which spreadsheet did you use?...The simple version or the advanced version?
xx

Hello willow and its sent!!!!

I sent the prelim off yesterday recorded delivery!

I used spread sheet 13 the simple one! It worked out over £600 in interest !

I am not sure about the 14 days though that I have given them because of the Xmas period!!! I gusee I should give them a little bit longer (being nice!!!)

We will have to update eachother

[bill-k]

Hi Milly. Just clicking in here, so I can help on this thread (if you want !!).
Now you've sent your prelim (and, yes, by all means give them more time than 14 days - it gets you brownie points in case you need them later.)

What I think you need to do now is to make sure that you've got your figures right. Decide if you are going to claim the higher rate, and if so, then you need to have your spready ready in time for your LBA. Vamps Google spreadies only work with one interest rate at a time, but that's all you need for the LBA spready. You won't need the lower rates until you submit your CC claim. The main thing is to get your spready sorted with the higher rate on it, and have your LBA ready to send with this, when the time comes.

I'm hoping to have a look at modifying one of Vamps sheets to show several rates of interest, so you can just submit one sheet to the court. Remind me if I don't get back to you about this. Another aspect of these claims is the idea of claiming back the interest that you were actually charged on the penalties, along with the interest on that. There are columns in the spreadies for doing this, but I haven't actually claimed that myself, as yet, as it took a bit of extra effort to work out. But you need to look into that for yourself and decide now if you want to do that. It may well add even more to your claim, so consider it. Take the time now to read up on relevant stuff.

Catchulater,

Bill.

[millymollymoo]

Originally Posted by bill-k

Hi Milly. Just clicking in here, so I can help on this thread (if you want !!).

Thanks bill-k I would like that

Now you've sent your prelim (and, yes, by all means give them more time than 14 days - it gets you brownie points in case you need them later.)
I will because of Xmas (and Im a nice person!)

What I think you need to do now is to make sure that you've got your figures right. Decide if you are going to claim the higher rate, and if so, then you need to have your spready ready in time for your LBA. Vamps Google spreadies only work with one interest rate at a time, but that's all you need for the LBA spready. You won't need the lower rates until you submit your CC claim. The main thing is to get your spready sorted with the higher rate on it, and have your LBA ready to send with this, when the time comes.

I will do that, however what will Cap 1 think about the other rate

I'm hoping to have a look at modifying one of Vamps sheets to show several rates of interest, so you can just submit one sheet to the court. Remind me if I don't get back to you about this. Another aspect of these claims is the idea of claiming back the interest that you were actually charged on the penalties, along with the interest on that. There are columns in the spreadies for doing this, but I haven't actually claimed that myself, as yet, as it took a bit of extra effort to work out. But you need to look into that for yourself and decide now if you want to do that. It may well add even more to your claim, so consider it. Take the time now to read up on relevant stuff.

That would be fantastic if you could! However, as you know I only did the simple one with just compounded contractual.


Catchulater,

Bill.

Thanks again