dx748 v Capital One

[dx748]

O.k then....time to summarise where I am with regards my capital one claim....

After a rather frustrating time trying to obtain statements, I received them in March and proceeded to make a claim. £1533 in total.

Received a letter from Capital One on 5 April 2007 offering £614 as the usual 'goodwill gesture'.

Wrote back on 19 April 2007 (recorded delivery as usual) formally rejecting partial offer and allowing them 7 days before issuing.

Telephoned them on 2 May 2007 to establish their position and to advise I will be issuing a court claim tomorrow unless it changes. Got nowhere on the phone so I started a court claim on 3 May 2007. The necessary 3 copies of everything were taken along with the court fee and paid IN PERSON in my local county court (as oppose to using MCOL). I antipate I will receive some sort of acknowledgement in the next couple of days now (allowing for the bank holiday).

My claim now amounts to £2081.13, with 8% interest and court costs.

I will of course advise the litigation details once I receive the claim number etc.....who should I PM with this?

[1159skunk]

Looks like you're doing well, its a shame you didn't go for the Contractual Interest, well at least you can for your Barclay Card

[dx748]

I've only really skim read about this contractual interest thingie. I know there are plenty of lengthy threads about it, but what's the deal with this? I assume that you can only argue for this if it gets to the court stage, but I'm not sure of the arguments or the differences between trying to claim contractual interest or just the regular 8%? Aren't the banks more likely to actually defend in court if you persue contractual interest as oppose to the 8%?

Sorry if I'm asking dumb questions that have already been covered elsewhere!

[c_allen]

first off, you claim C/I from the start, prelim letter.
the arguement for C/I is quite complex but the bones of it are,
when you ''borrow money without their authorisation'' they charge you interest at say 30%, so they've '' borrowed your money without your authorisation'' so you charge them the rate they have charged you,
the fact is our contracts are considered bilateral, as opposed to unilateral. This is because both parties to the contract have agreed to certain actions in consideration of the others also doing certain actions. This is opposed to a simple unilateral contract, ie, a simple agreement by one party to do something, without any obligation upon the other.
This bilateral standing also makes them mutual.
The county courts act 1984 allows the ''Claimant to claim the s69 judgement rate, currently 8%, if no other interest can be claimed. However in a contract dispute, it is entirely right and proper for the Claimant to base their interest claim around the rate stipulated in the terms of that contract, should such a contract exist''.
this is quite basic, but you should have a better understanding of the principles behind it, you'll need to understand it in the very unlikely event that they do go to court, if you do go for it, DON'T ACCEPT ANY OFFER THAT ISN'T FOR THE FULL AMOUNT, this is the golden rule with claims for C/I, i very nearly came unstuck by accepting partial, luckily they still paid out, but i won't make that mistake again, lol.
if you keep your claim whole, claiming C/I will make no difference to whether or not they'll take it into a court room, as they'll still have to prove their charges are lawful, and we know how much they don't want to do that

[dx748]

Thanks for all that info. I will certainly give this consideration should it come to it on my other claims.

Just out of curiosity, should I accept a partial settlement from a bank but then continue to persue the balance through the courts, how do I calulate say the 8% interest? Which charges would I apply this to, given that I'd already received some monies?

[1159skunk]

accept it as part payment, then if they don't take the money back what you do is add it in your spreadsheet you would a charge, in the whats it for column put in partial repayment, date column date it was paid back, amount column put a minus sign and the amount ( -200.00 ) and thats it, spreadsheet will deduct the payment and sort out the interest accordingly.

[c_allen]

another problem with part payments is which charges have they refunded and which haven't they?? i know this is a big if but, if they where to turn up for a hearing then i suspect that they'll use this to cast doubt over your figures, they tried this in an amended defence with me, so if they offer partial i'd ask them to say which charges they're refunding and which their not, and why they've refunded the ones they have, and not the others, they'll probably not tell you, but then they can't try this, sorry for being all doom and gloom but i don't trust the banks, they'll try anything to delay and make life hard for you

[dx748]

Hi guys.

ok i need some advice.

I submitted by claim form in person on 3 May. As i haven't received any acknowledgement as yet I rang the courts today.

The defendant detailed on the claim forms were...

Capital One Services
Trent House
Station Street
Nottingham
NG2 3HX

When I arrived to hand the copies in I was advised that I should amend them to make it clear whether the company is a LTD or PLC etc....
It was changed to read like this...

Capital One Services (Capital One Bank Europe Plc)
Trent House
Station Street
Nottingham
NG2 3HX

The lady I have just spoken to at the court advises me that the papers were returned to me yesterday claiming it isn't clear who the defendant is. I guess she means that it appears there may be two defendants here or something and it's a little ambiguous.

Do I use "Capital One Bank (Europe) Plc" as the defendant address alone? She was keen to highlight that it needs to be their trading name. What name has any else in litigation with Capital One used?

[ukaviator]

This is the registered address the courts needs to process your claim:

Capital One Bank Europe Plc
350 Euston Road
London

NW1 3JJ

Uk

[dx748]

Thanks for your reply. Previously (and on the litigation thread at the top of the Cap One forum) it suggests that I use the Station St, Nottingham address. Did you litigate to that London address?

[glav]

Hi,

I have used the Nottingham address on my court claim, have I made a mistake?

glav

[dx748]

Before I put my claim in I read threads that said not to use a PO BOX address for your court claim and it suggested the Nottingham address at the top of this thread (which is the one I used, only the defendant name caused a problem). Can anyone clarify address and defendant name any further?

[ukaviator]

The London address is their main head office. MCOL will find this address in the appropiate section when you type it in. I have used, and had no trouble, using the London address.

Uk

[DIY13]

Hi DX748

I'm at a similar position and I filed my N1 claim to the Nottingham Address te one shown on the forum. I filed on the 10th May so I'm not sure if it will be returned to me.

I'll be watching your thread to see how you get on


DIY13