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Old 18th January 2007, 19:00   #1 (permalink)
dori2o
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Default Has anyone successfully claimed contractual interest from Cap One?

Anyone?
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Old 18th January 2007, 20:52   #2 (permalink)
rougesept
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Default Re: Has anyone successfully claimed contractual interest from Cap One?

Hi Dori2o,

I posted the same thread a few days ago, not many replies unfortunately! A few have definitely claimed it successfully I remember reading. I'll be watching this thread for some inspiration...

Rouge
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Old 19th January 2007, 19:14   #3 (permalink)
smiffy01uk
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Default Re: Has anyone successfully claimed contractual interest from Cap One?

Yes, contractual rate of 26.9% claimed

Charges total £600 + interest £244.33
Court cost £80

Paid in full with no trouble
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Old 19th January 2007, 21:13   #4 (permalink)
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Default Re: Has anyone successfully claimed contractual interest from Cap One?

I have been paid too. 23.5%..contractual.

Uk
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Old 22nd January 2007, 12:16   #5 (permalink)
Darwin
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Default Re: Has anyone successfully claimed contractual interest from Cap One?

I did and they settled before court
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Old 22nd January 2007, 13:41   #6 (permalink)
too strong
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I am in: leeds
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Default Re: Has anyone successfully claimed contractual interest from Cap One?

Quote:
Originally Posted by Darwin View Post
I did and they settled before court
Cap one have paid me the charges but not the contractual interest or court fee. There is a case management on the 07/02/07 in Leeds, is it worth including case numbers where they have paid contractual interest out?
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Old 23rd January 2007, 15:20   #7 (permalink)
stuflo
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Default Re: Has anyone successfully claimed contractual interest from Cap One?

capital one have offered my wife total sum but not contractual interest or Court fee. She received this offer in response to her MCOL. They made no mention of the claim for contractual interest at all in their letter or the Court fee!! They went onto say that she would receive a cheque in the next 14 days. She does want to proceed to Court hearing if necessary for all the money to be refunded to her including the Court fee and contractual interest.
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Old 23rd January 2007, 17:14   #8 (permalink)
rougesept
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Default Re: Has anyone successfully claimed contractual interest from Cap One?

Is this a new strategy from Cap One then, giving all charges back but not interest? Has anyone else had this new type of offer?

Rouge
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Old 23rd January 2007, 17:16   #9 (permalink)
rougesept
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Default Re: Has anyone successfully claimed contractual interest from Cap One?

This may deserve it's own thread as it's a shift in Cap One's policy of refunding before MCOL judgement?

Rouge
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Old 23rd January 2007, 19:10   #10 (permalink)
too strong
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Default Re: Has anyone successfully claimed contractual interest from Cap One?

Quote:
Originally Posted by rougesept View Post
This may deserve it's own thread as it's a shift in Cap One's policy of refunding before MCOL judgement?

Rouge

This is exactly what has happened to me.

This is obviously a ploy to save money on the inevitable. They know they will lose eventually so they are dangling an offer in front of you hoping you will take it.

They also stated that they will defend the case on the basis that they have refunded the charges.
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Old 23rd January 2007, 19:12   #11 (permalink)
tezviper
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Default Re: Has anyone successfully claimed contractual interest from Cap One?

sorry for hi-jacking this thread, does anyone know of a link for a prelim letter that mentions contractual interest??

TezViper
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Old 23rd January 2007, 19:50   #12 (permalink)
rougesept
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Default Re: Has anyone successfully claimed contractual interest from Cap One?

Hi too strong,

I think that it's a shift in strategy as up 'til now, they have waited right up until judgment in most cases before refunding everything including interest. Will they defend this interest claim in court do you think? Anyone ?

Rouge
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Old 23rd January 2007, 20:00   #13 (permalink)
gashton
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Default Re: Has anyone successfully claimed contractual interest from Cap One?

Can anyone advise how you approach calculating the contractual interest or provide a link to a thread that explains it in simple terms for my under developed brain.

Many thanks
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Old 23rd January 2007, 23:21   #14 (permalink)
too strong
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I am in: leeds
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Default Re: Has anyone successfully claimed contractual interest from Cap One?

Quote:
Originally Posted by rougesept View Post
Hi too strong,

I think that it's a shift in strategy as up 'til now, they have waited right up until judgment in most cases before refunding everything including interest. Will they defend this interest claim in court do you think? Anyone ?

Rouge
I doubt it! as they have already paid out contractual on other cases. I just think it's a way of cutting their losses.

Think of it this way, if they can get most claimants to just except the charges without interest and court costs then they would saving themselves a hell of a lot of money. When they say that they are going to defend on the basis that they have already refunded the charges, that little phrase is added just to help you make up your mind for you and push you into excepting the offer.

We will soon know as I am in the Leeds court on the 07/02/07.
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Old 23rd January 2007, 23:28   #15 (permalink)
too strong
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Default Re: Has anyone successfully claimed contractual interest from Cap One?

Quote:
Originally Posted by gashton View Post
Can anyone advise how you approach calculating the contractual interest or provide a link to a thread that explains it in simple terms for my under developed brain.

Many thanks
Search under the name "Mindzai" I have used his calculation sheets which are self explanatory. Also read the posts around the subject of contractual interest to get a better idea.
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Old 23rd January 2007, 23:48   #16 (permalink)
rougesept
Basic Account Customer
Default Re: Has anyone successfully claimed contractual interest from Cap One?

Good luck with everything in Feb too strong, I'll keep an eye out for an update - if it really gets that far that is!

Rouge
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Old 26th January 2007, 10:33   #17 (permalink)
stuflo
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Default Re: Has anyone successfully claimed contractual interest from Cap One?

My wife was issued against CAP 1, contractual interest of 27.9%. At first they wouldn't pay the COurt fee or the interest, wife sent another letter, they phoned the next day at 5.00p.m and said they would agree to pay the claim in full together with the contractual interest and court fee and the daily interest on top as a goodwill payment. They have said she should receive cheque in next 14 days. Result!
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Old 26th January 2007, 13:30   #18 (permalink)
too strong
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I am in: leeds
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Default Re: Has anyone successfully claimed contractual interest from Cap One?

Quote:
Originally Posted by stuflo View Post
My wife was issued against CAP 1, contractual interest of 27.9%. At first they wouldn't pay the COurt fee or the interest, wife sent another letter, they phoned the next day at 5.00p.m and said they would agree to pay the claim in full together with the contractual interest and court fee and the daily interest on top as a goodwill payment. They have said she should receive cheque in next 14 days. Result!

What did your wife write for them to fold so tamely.
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Old 26th January 2007, 13:35   #19 (permalink)
Glenn UK
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