What steps should I take with Cap One

[Semartin]

Hi, I need so advise on claming back charges with capital one

I had a CC with them some time ago, due to being unemployed I defaulted on my account and left with a bill for £1600 which is now with a debt collection agency who I pay £5 to each month.

I have my statements from capital one dating back to 2001 and have worked out the charges on the A/C with late payment fees and overlimit fees come to £808, without interest.

My questions are do I send the template letter in library or something different, should I include the default removal request, and when sending the spreadsheet of charges, do I include the 8% interest.

Thanks

Semartin

[mbdiss]

Originally Posted by Semartin

Hi, I need so advise on claming back charges with capital one

I had a CC with them some time ago, due to being unemployed I defaulted on my account and left with a bill for £1600 which is now with a debt collection agency who I pay £5 to each month.

I have my statements from capital one dating back to 2001 and have worked out the charges on the A/C with late payment fees and overlimit fees come to £808, without interest.

My questions are do I send the template letter in library yes send template letter
or something different, should I include the default removal request yes make sure you include it in every letter and your N1 form when you file your claim, and when sending the spreadsheet of charges, do I include the 8% interest. No only include the 8% interest when you get to the court stage however if you want to claim contrcatual interest you need do this in your first letter and very letter from then on. you do need to send schedule of charges with all letters.

Thanks

Semartin

hope this helps

[Armsoft]

Originally Posted by Semartin

Hi, I need so advise on claming back charges with capital one

I had a CC with them some time ago, due to being unemployed I defaulted on my account and left with a bill for £1600 which is now with a debt collection agency who I pay £5 to each month.

I have my statements from capital one dating back to 2001 and have worked out the charges on the A/C with late payment fees and overlimit fees come to £808, without interest.

My questions are do I send the template letter in library or something different - Send Template Letter asking for your money back, include with it a completed Simple Calculation Spreadsheet from Templates (this will include Interest @8%) send by Recorded Delivery.
, should I include the default removal request - Default Removal is going to be a very tough one to fight for you, as your charges are far less than your defaulted amount, and you will need to come up with a very strong argument to convince A) Capital1 & B) A Judge that the default should not have been served.
note: I would suggest sending an s.10 request (Template in library) so that you have at least evidence to show that the default was not properly served (not sent by Recorded Delivery, so no proof of it being served by Cap1), also Cap1 will be unable to supply `True Signed Copy` of the notice served on you.
, and when sending the spreadsheet of charges, do I include the 8% interest - Spreadsheet Simple Calculator includes interest.

Thanks

Semartin

Good luck with this, you`ll get your charges money back, but the default removal will be a tough one for you

[mbdiss]

Semartin, which stage are you at?

[Semartin]

Thank you for your replies

I've haven't sent any letters yet to capital one, I'm in the process of claming £2,000 from HSBC, send the 1st letter then the LBA, received a reply saying they are looking into it and will get back to me by 26th this month. I found all my cap one statements added up all the charges and thought give this one ago as well.

I will send off the templated letter tomorrow, I'm still confused about the 8% interest. I've completed the spreadsheet which automaticaly calculates the interest but what total am I claiming, with the 8% or without.

Thanks

[sarahpp]

If you are just going to be claiming the 8% statutory interest then, you should exclude this from the spreadsheet which you send to the bank.

If you decide to go for contractual interest at 34.9% (if you have their classic card) then you include this at both the preliminary letter writing stage and the LBA stage. I suggest you read this thread - although it is very long, it is well worth spending the time on particularly as your claim dates from 2001. Contractual interest compounds daily wheras you can only apply statutory at the court stage.

Why is no one claiming the contractual rate of interest???

Hope this helps