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.
Hi, have received statements from Capital One, and looks like I have plenty to claim for. On most statements I have "interest Charged" . It doesnt give an interest rate just the amount ranging from 62p to £13.00 on others. Can I add these on to my template to be refunded or do I ignore them?
I think you're referring to the actual interest that they charged you, which you can't reclaim. What you can reclaim is the interest on the unlawful charges.
In other words, if they charged you £20 for going over the limit 5 years ago, then as well as the £20 you can claim back the 5 years interest on the £20, because they've effectively 'borrowed' your money over this time, without your consent.
This is the same as the bank charges, where you normally reclaim at court stage at 8%. For credit cards, you normally claim back a higher (contractual) rate, because they charge you a much higher rate of interest. Does it give the rate of interest they charged you on the statements? Otherwise someone else will need to advise.
The other thing is that there is a sub forum for Capital One and this post would be better there where you can see what other people have claimed and ask questions to the best people to help
I have already sent the copy with lba and those charges applied on, just by putting in "interest applied" .
They have replied with an offer way under what I am owed even without the interest. Could I send a revised copy stating that I am going to claim contractual rate and take off the interest applied bit,
You need to be very sure that you understand the claim otherwise the defence will jump on you.
Yes of course you can send a revised schedule but to be claiming contractual or compound you should have made this clear from the beginning.
You can use the rate that they are charging now although some people have used the rate they were charged ....so whichever is more realistic for you.
Be warned though ...it cannot be stressed enough that if you DO go for this you should request the section 69 as the alternative should the court not award it.
Some Judges have recently viewed claiming cont as punitive towards the defence.Theres no guarantees that you will get it.
If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon. Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed. Donations help CAG to help YOU Click here
Thanks for getting back to me so quickly,
Soooo, if I send a revised schedule say for the interest with 29% (I will check this out, as I never used it for cash only purchases), can I amend the spreadsheet I have? and How???
Should I sent a revised lba?
And.... if it does go to MCOL should I just amend the amounts and put (or as an alternative I request the S.69)
I have moved your thread to the Capital One forum.
There are spreadsheet in the Library that calculate cont int just change the figure. Should you decide to go for contractual I would send them a letter stating this. You will not be able to use MCOL to file this claim as there is not enough room to enter the POC, you would need to use the N1.
I agree with the comments Martin has made you need to be very sure you know what you are doing.
captial one mastercard Help.
, and looks like I have plenty to claim for. On most statements I have "interest
Reply With Quote
Re: captial one mastercard Help.
