Poppy11 v Cap 1

[poppy11]

Ok have only just started this claim (am currently well under way with my first claim against the Woolie Monster)

I didnt need the Subject Access Request as I have all my statements so sent the prelim letter last Monday and as yet I have not even received a standard..'we are sorry that you are not satisfied' letter.

Oh well never mind I have my LBA ready..

[doo]

poppy11, what interest are you claiming?

[poppy11]

I am 99.9% sure that it is contractual..have used vampiress' form no.13 I am aware that I cant claim the 8% aswell.

[thesergeant]

Poppy,

Sorry but you really do need to send the Subject Access Request

You need to be in a position of proving your case in court if necessary. As part of the Subject Access Request request you are asking them for details of any manual interventions on your account - they will reply in similar terms to "they do not keep that information" or they have no records held for this. This prevents them coming to court and stating that the charges are legitimate because of manual interventions on your account.

You really must follow every step of the process it is all there for a reason.

Nothing preventing you sending it in now ...................

Good luck ...........

[poppy11]

oh ok many thanks for that..I will pop it in the post tomorrow

[ukaviator]

Hi Poppy

You can claim the contractual rate of interest but not the 8% as well. This is only at the court stage if you are not claiming contractual interest.
Would be nice but you can't claim both.

What rate was it by the way?..How did you arrive at the APR?

uK

[poppy11]

OK interesting yet small occurence happened yesterday..Since sending my prelim letter and Subject Access Request to cap 1 I have had no correspondance from them at all.
Yesterday when my ex husband picked our daughter up I handed him a letter from cap 1 (presumed it was just the odd junk mail letter) and he tore it in half and asked to put it in the bin..i then did my identity theft bit and warned him of the dangers and that he should at least read it then shred it...so he opened it up and lo and behold its a letter from Cap 1 acknowledging his pre lim letter and since opening his account in 1999 (correct)....the increase of limit (not correct his limit was never increased but mine was)....offering him £144 thats the difference between dropping all his charges to £12.
So what are the chances that the letter should actually have come to me..we have no other letters for Cap 1 except mine from Cap 1 coming here and it took me 20 minutes to explain that they were not charging him £144 they were trying to give him that ammount.