Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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  1. #1
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    Unhappy lana v Capital One ***WON***

    Hi everyone,

    I've got an active account with Capital Oneicon, i've just had a question answered about claiming for charges - that I can claim on this.

    My question is - might sound a bit silly really as i've been browsing the boards for some months now but.....

    I'm a little worried that if I start and proceed to get charges back, they will withdraw my card and demand the balance owed on the account, currently around £550.

    a) can they do this? and
    b) what can I do about this if anything?

    Still a novice so please be gentle with me

    Similar Threads:

  2. #2
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    Default Re: lana v Capital One

    Hi Lana

    You can claim back your charges with interesticon as well. They may cancel your card, depending on how the account has been run. They seem to keep most customers but then put up the interest rate. Some of us have had letters advising us of an increase due to market conditions.
    This is quite clearly retaliatory action, which i am looking at.


    Uk


  3. #3
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    Default Re: lana v Capital One

    Thanks for that Uk,

    I've just had a letter putting my interesticon rate up too, which is why I asked the question, although i haven't been a bad customer, have gone over limit the odd time, purely by accident then been stung the month later by 20 quid charges for going over.

    When I win with the Abbeyicon will pay it off and then go for the charges back.

    Thanks for your help though

    Lana

    Scientia est Potentia

    Story so far:
    Halifax - called 02/04/07 refunded £230 07/04/07
    Abbey - on hold
    Cabot - they've given up!
    Capital One - Won including CI :o

  4. #4
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    Default Re: lana v Capital One

    Hi Lana - me again!!!! Just a quick point re cap oneicon - they seem to pay up very quickly after Court claim is issued, rather than forcing you down the aqicon and Court Bundle route. You'd very likely get your money back much quicker than from Abbeyicon. By the way, theres a reply from me on your Abbey thread. All the best


  5. #5
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    Default Re: lana v Capital One

    Thanks for that adam, just a bit worried in case they call in the debt, can't afford it at the mo

    Will think about it over a vodka tonight lol

    Thanks tho

    Scientia est Potentia

    Story so far:
    Halifax - called 02/04/07 refunded £230 07/04/07
    Abbey - on hold
    Cabot - they've given up!
    Capital One - Won including CI :o

  6. #6
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    Default Re: lana v Capital One

    I've read on other threads that legally they can't call in the debt on an account thats in dispute, and certainly can't after Court claim is issued. If you look around the cap oneicon forum I'm sure you will find the info.

    Have a vodka for me!


  7. #7
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    Default Re: lana v Capital One

    Nice one, music to my ears, both about the card debt and another vodka, will have to be careful or will get a rep for being a plonkie

    Scientia est Potentia

    Story so far:
    Halifax - called 02/04/07 refunded £230 07/04/07
    Abbey - on hold
    Cabot - they've given up!
    Capital One - Won including CI :o

  8. #8
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    Default Re: lana v Capital One

    No way - long way to go!!!!!!!!!!!!!


  9. #9
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    Default Re: lana v Capital One

    Hi everyone,

    Its been a while but have finally got round to going after CapOne again with one thing and another it got pushed to the back burner.

    Have finally received my statements and I was wondering if I go after the interesticon they've charged me aswell (spreadsheet to calculate from Steven4064's signatureicon), the interest on the charges isn't the 8% court interest.

    The question is, do I add this interest to the claim (which doubles the whole amount) or do I just leave it and go for the 8% at court stage, am so confused, can someone help please

    Thanks guys
    Lana

    Scientia est Potentia

    Story so far:
    Halifax - called 02/04/07 refunded £230 07/04/07
    Abbey - on hold
    Cabot - they've given up!
    Capital One - Won including CI :o

  10. #10
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    Default Re: lana v Capital One

    You can do both - see my interesticon tutorial

    Steven

    Using CAG Toolbar will generate much needed income - Download Here

    Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

    My Wins

    GE Money Won unconditionally May 2007
    NatWest
    Won unconditionally August 2007
    Brighthouse Won unconditionally August 2007
    Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)
    Clydesdale Financial Services (now BPF) Won unconditionally February 2008

    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

    Please note, I will not give advice by PM. Please
    send a link
    to your thread and I will do my best to answer there.

  11. #11
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    Default Re: lana v Capital One

    Thanks for that Steven,

    I got down to the bottom bit about claiming interesticon and then my brain turned to mush lol

    So, If I understand this right, I can submit lbaicon for charges + huge interest
    then if I get no response submit claim for charges + huge interest + 8% interest + court costs?

    If the latter is correct, do I add the 8% on each charge + interest on the spreadsheet so for example my first charge is a late payment fee of 20 in november 03 so would that be:
    20.00 + int of 44.10 = 64.10 is this what I add the 8% to, if so, the 8% interest would be 22.89 so that would mean this charge would turn into 86.99?

    Now see why i'm confused lol
    Sorry to be a pain

    Scientia est Potentia

    Story so far:
    Halifax - called 02/04/07 refunded £230 07/04/07
    Abbey - on hold
    Cabot - they've given up!
    Capital One - Won including CI :o

  12. #12
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    Default Re: lana v Capital One

    Sorry Steven, one more question

    On your spreadsheet the interesticon shows at 29.9%APR, the interest rate on my card currently shows 30.34% so should I leave your figure as it is?

    Thanks again
    Lana

    Scientia est Potentia

    Story so far:
    Halifax - called 02/04/07 refunded £230 07/04/07
    Abbey - on hold
    Cabot - they've given up!
    Capital One - Won including CI :o

  13. #13
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    Default Re: lana v Capital One

    Quote Originally Posted by Lana241 View Post
    Sorry Steven, one more question

    On your spreadsheet the interesticon shows at 29.9%APR, the interest rate on my card currently shows 30.34% so should I leave your figure as it is?

    Thanks again
    Lana
    Change it to your figure. The 29.9% was what GE charged us

    Steven

    Using CAG Toolbar will generate much needed income - Download Here

    Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

    My Wins

    GE Money Won unconditionally May 2007
    NatWest
    Won unconditionally August 2007
    Brighthouse Won unconditionally August 2007
    Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)
    Clydesdale Financial Services (now BPF) Won unconditionally February 2008

    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

    Please note, I will not give advice by PM. Please
    send a link
    to your thread and I will do my best to answer there.

  14. #14
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    Default Re: lana v Capital One

    Thanks Steven

    Am still a bit confused about the interesticon thing though, wonder if you could look over my post #11 and try and make sense of it please.

    Many apologies as I know you're probably really busy
    Cheers

    Scientia est Potentia

    Story so far:
    Halifax - called 02/04/07 refunded £230 07/04/07
    Abbey - on hold
    Cabot - they've given up!
    Capital One - Won including CI :o

  15. #15
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    Default Re: lana v Capital One

    see below
    Quote Originally Posted by Lana241 View Post
    Thanks for that Steven,

    I got down to the bottom bit about claiming interesticon and then my brain turned to mush lol

    So, If I understand this right, I can submit lbaicon for charges + huge interest
    then if I get no response submit claim for charges + huge interest + 8% interest + court costs? yes

    If the latter is correct, do I add the 8% on each charge + interest on the spreadsheet so for example my first charge is a late payment fee of 20 in november 03 so would that be:
    20.00 + int of 44.10 = 64.10 is this what I add the 8% to, if so, the 8% interest would be 22.89 so that would mean this charge would turn into 86.99? yes

    Now see why i'm confused lol
    Sorry to be a pain
    Compound interest is a wonderful thing

    (but it's what they charged you )

    Steven

    Using CAG Toolbar will generate much needed income - Download Here

    Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

    My Wins

    GE Money Won unconditionally May 2007
    NatWest
    Won unconditionally August 2007
    Brighthouse Won unconditionally August 2007
    Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)
    Clydesdale Financial Services (now BPF) Won unconditionally February 2008

    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

    Please note, I will not give advice by PM. Please
    send a link
    to your thread and I will do my best to answer there.

  16. #16
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    Default Re: lana v Capital One

    Many thanks Steven

    All I can say is WOW lol

    I really do appreciate your help with this. Thanks again and watch this space. Approach for payment being sent tomorrow

    Will keep you posted
    Lana

    Scientia est Potentia

    Story so far:
    Halifax - called 02/04/07 refunded £230 07/04/07
    Abbey - on hold
    Cabot - they've given up!
    Capital One - Won including CI :o

  17. #17
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    Default Re: lana v Capital One

    Hi Lana

    Good to hear from you again.

    Just out of 'interesticon', and to try and help, with my Cap 1 claims what I did quite simply was to calculate the point in time when, had it not been for the 'unlawful' charges applied to the account by Cap 1, the account would have had NO outstanding balance, and would therefore have incurred no interest charges. From that point onwards I included all the interest charges they applied to the a/c on the spreadsheet, and treated them in exactly the same way as charges they applied for late payment etc etc.

    End result - they paid up almost immediately, and in full, and including the 8% Statutory interest that I added to each 'Charge', and to each ammount of interest, as I had issued the claim in Court - they paid up within about a week after my doing that!

    Hope that helps, Lana.

    All the best - Adam.

    I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks

    Current Claims (all for friends!) -

    Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.
    Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')
    Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)
    Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')
    MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

  18. #18
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    Default Re: lana v Capital One

    The problem is that you cannot work out exactly how much interesticon you have been charged without access to the software the company uses to calculate it. You have to estimate it the best you can. Adam's way is a good way of doing it. It's only problem is that it misses some interest charged before the point at which the whole balance is made up of charges. Its good point is that it is wholly defensible.

    Steven

    Using CAG Toolbar will generate much needed income - Download Here

    Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

    My Wins

    GE Money Won unconditionally May 2007
    NatWest
    Won unconditionally August 2007
    Brighthouse Won unconditionally August 2007
    Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)
    Clydesdale Financial Services (now BPF) Won unconditionally February 2008

    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

    Please note, I will not give advice by PM. Please
    send a link
    to your thread and I will do my best to answer there.

  19. #19
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    Default Re: lana v Capital One

    Thanks to you both for that, am so confused when it comes to this interesticon thing

    All i've done is used Steven's spreadsheet that works out the interest at 29.9% and then on another sheet added on the 8% for the court cos knowing my luck it will go that far......it looks amazing as one charge back from Nov 2003 is worth just under £87.....that'll do me lol

    Just might need a little help when they try to confuse me with interest twaddle in their letters rofl

    Anyway, thanks again
    Lana

    Scientia est Potentia

    Story so far:
    Halifax - called 02/04/07 refunded £230 07/04/07
    Abbey - on hold
    Cabot - they've given up!
    Capital One - Won including CI :o

  20. #20
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    Default Re: lana v Capital One

    Lana

    If you want me to check your spreadsheet, feel free to e-mail it to me at my CAGicon address

    Steven

    Using CAG Toolbar will generate much needed income - Download Here

    Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

    My Wins

    GE Money Won unconditionally May 2007
    NatWest
    Won unconditionally August 2007
    Brighthouse Won unconditionally August 2007
    Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)
    Clydesdale Financial Services (now BPF) Won unconditionally February 2008

    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

    Please note, I will not give advice by PM. Please
    send a link
    to your thread and I will do my best to answer there.


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