The Bloodster vs Capital One

[thebloodster]

Hi

After claiming £416 from Capital One they offered me £152 as a goodwill gesture. I am going to chase the remaining amount on MCOL but how should I proceed with the Particulars of Claim.

I would normally put the attached

Edited - please don't post the template's on the open forum. Thank you.

How would I treat that when I have had a partial refund of £152 and I am chasing the remaining £264

[thebloodster]

Originally Posted by thebloodster

Hi

After claiming £416 from Capital One they offered me £152 as a goodwill gesture. I am going to chase the remaining amount on MCOL but how should I proceed with the Particulars of Claim.

I would normally put the attached

Edited - please don't post the template's on the open forum. Thank you.

How would I treat that when I have had a partial refund of £152 and I am chasing the remaining £264

Ok how do I amend the template (that you now can't see here ) to take into account accepting a partial offer and what happens with the interest

[thebloodster]

After no decent response from Cap One I now want to put in a MCOL claim. Now I have got the spreadsheet all ready just for 8% interest but I notice a lot of people are claiming contractual interest. How does this work and how would I adapt my google spreadsheet for this? Also what do I say in the POC regarding a part payment I received? Please help!!

[thebloodster]

I'm now going to claim this through MCOL and don't know how to word it with regards to my part payment that I have accepted as part payment. I used this letter to reply to their offer:

In response to your letter dated 4th April 2007, I am disappointed in the goodwill gesture that has been offered by yourselves to the sum of £152 when my claim was for charges totalling £416.

I note your points in your letter in relation to the charges and the Office of Fair Trading; however I feel that as a financial institution you have failed to acknowledge:
i. The Unfair Contract Terms Consumer Contract Regulations 1999 and the Unfair Contract Terms Act 1977.
ii. The Office of Fair Trading Press release number 68/06 dated 5th April 2006.
iii. The case law in this case, Willson v Love [1896] 1 Q.B. 626 plus others which state that “…a charge is a penalty if it does not reflect an items true cost…”

As your goodwill gesture is short of the total amount claimed by me from Capital One, I do not accept your offer as full and final settlement to my claim. I am willing to accept the £152 as a partial payment without prejudice to the full amount owed, therefore leaving a balance of £264, should this matter be taken to court.

As a result of your offer, I am advising you, Capital One, that should the full amount not be paid in 14 days, I will have no alternative than to commence legal proceedings.

The Matter will be referred to my local County Court and I reiterate the point that the charges you have applied are unfair and not proportionate to your costs, and therefore Manchester County Court will rule in my favour.

I hope that this can be dealt with in a swift and satisfactory manner.


Yours faithfully,

Now do I start MCOL just claiming the £264 and I take it I can only claim the interest on this. Or do I put the claim in for the whole lot, including interest on £416 and then say less payment already made of £152?

Please help

[steven4064]

Have they actually given you the £152? If so, do as you suggest put the claim as £416 buit note that you have already received £152. Our claim against GE Money was similar except that they had paid ALL of the charges and the claim was justfor the interest.

Your schedule will have all the charges and interest. In the PoC put something like:

The defendant has paid £152 of the £416 charges but has retained the interest it levied thereon.....

Accordingly, the claimant claims

a) the return of £264 in charges.....
b) the return of £xxx interest levied on £416 charges
c) court costs
d) interest under section 69 of the County Courts Act 1984 ....

[thebloodster]

Hi Steven

She has had the £152 paid to her credit card account already. She is just claiming charges, the interest I meant was the s69 interest.

I am also debating which interest to claim back 8% or Cap One's rate

[steven4064]

Why choose? do both, as in my post above

[thebloodster]

Steven surely I can only claim s69 (8%) interest or contractual interest - not both?! Or do you mean claim interest they have charged her? If thats the case none of the previous letters have claimed that and we are now up to claiming the money through MCOL.

Another point though I am intending doing a different claim over her annual fees. She opened the account around 2001 and received her card and has been charged annual fees since. After a while she had money troubles and decided to destroy her card but never closed the account. She has been charged fees since but have never sent her a replacement card (they run out after 3 yrs). So why are they still charging her annual fees!!

[steven4064]

You are right, sorry, you can't claim both normally. I had a closed account and we claimed CI from the date of the charge until the date the account was closed on the basis that they had charged us that amount of interest on the charges. THen we claimed s69 interest from the date the account was closed until judgement.

For an account that is still open, you just claim CI from the date of the charge on.

Apologies for the confusion

[thebloodster]

Don't worry about it, I'm glad of the help!!

How can I work out the compound interest and would I do it on all of the charges even though some has been paid?

[steven4064]

Use one of the spreadsheets in the tempolates library to work out the interest. Yes do it for the ones that have been paid - it will be slightly wrong but, hey!