would it surprise anyone to learn I can neither find the original capone t&c's nor get a copy from capone?!!!

Thanks for that Still - I appreciate your advice and am going to take it. Over the last couple of days of sheer panic I think I've sorted it my head now & am just printing all docs off to get to court & capone for the 14day deadline. I keeping trying to contact anyone/someone at capone legal department but they never answer or are on holiday! Says it all really... Zsazsa

I'm still in a complete flummox about this court thing with these crappy capone peeps! I either need help, reassurance or a heafty drink if anyone's reading....! I understand the concept of seeking interest in restitution and that on that basis their defence is flawed; so yesterday I went through every statement they kindly supplied (lumped in with their ammended defence) & worked out the compounded contractual interest for each penalty using each different interest rate in force at the time of each charge, just so they can'y say it's not right. One question - If I show the ammended schedules for my calculations at this stage in my court bundle is it too late? Thanks, Zsazsa

Ok - thinking/writing aloud here - under capone's ammended defence - current position, subsection - contractual purchase interest, no 22 - defendant's allocation of payments - firstly they say payments are allocated to outstanding default fees - in my last stint in court with MBNA I think it was, in Leeds (big group of bank cases all lumped together & heard at same time in the Mercantile court) the judge actually pointed out to me, as he was questioning me, that usually any 'goodwill payments' be taken off accrued interest so that the original debt/fee still carry on accruing interest until the case was settled in full, rather than the original debt/fee as I had done in that instance - he said that's how banks with fancy lawyers do it. In my court bundle should I address each point as they have done or just used the advanced court bundle & ammend as needed, adding a covering statement pointing out that their defence is flawed as i could hit them with s69 interest charged at their contractual rate if we're being picky, and that actually it's neither unfounded or excessive taking the concept of 'resitutional interest' into consideration. Can you tell I'm nervous - my brain's gone! Zsazsa

right Ok got it - I'm sorry if I sound a bit thick, not normally!

Hi Still - well I've been reading all those threads you told me to & now I do understand far better, although that's thrown something else up - I'm just getting my court bundle ready which needs to be lodged by Friday 20th - I've claimed the charge + 25.39% compound interest + s69 interest @ 8% as I didn't realise I could actually claim that last bit at the same contractual rate of 25.39% following the ineterest in restitution thing. (Just double-checking & that rate of 25.39% was used as that was what it was at at the time of the initial claim, although there were some fluctuations, and now the interest rate is 20.890% for standard purchase interest) Can I now ammend this claim with the proper interest - charge + 25.39% compound interest + s69 interest @ 25.39% even though that'll actually put the claim up slightly? I'm soo glad you saw this! zsazsa x

well thank you M - this is the bit you need nerves of steel for though & to be honest it's a couple of years since I did my own claims & following all the advice & templates etc to the letter and with the support from everyone on here it almost seemed a doddle. That was the banks though & I was at hell for leather, as well as completely clued up but since that test case & as well as this being a credit card which is slightly different, as a result I'm bricking it this time ! To expand on the bankground a little - did everything in the order advised, received the usual letters tellingme I'm an idiot & of course I shouldn't get any refunds as what capone did was entirely correct, although after replying that I was continuing they paid up fairly sharpish a tidy sum for a goodwill payment (a donation was made at the time for this bit of luck). Anyway - I replied saying thanks, I wouldn't settle in or end case & would accept sum only in part-payment on the undertsanding I would continue to persue. Then the OFT test case happened & for some reason (not sure why I expect I had major problems of my own them) Capone & the judge lumped this case into the rest of the bank cases. Anyway - eventually this came to light & under duress from Capone to discontinue the case, I wrote to the court directly saying a mistake had been made as it was a credit card chgs reclaim not bank charges & could I have directions from the court. Judge Glentworth decided to hear the case & very kindly said that I might want to ammend my claim & only go back 6years & she'd need shedules showing the calculation of the sum claimed in respect of the interest & a shedule showing the calc. for interest under s69 (8%) It was all supplied & further direction requested - next I heard the Judge had said Capone must supply an ammended defence - although going by that, all that would seem to be different is that their defence is basically the same but written with more words & in slightly greater detail with more 'blinding with science'. The court date is set for 1000 3rd September 2010, Leeds Combined court, with 3 hours set aside. Throughout this though capone seem to have made a few errors or lost information or sent the same stuff 18mths apart without realising, basically without much communication in-house by the looks of it. I've heard little if anything from them & now different people seem to have taken over this case as the names on correspondence is different. I'm keeping everything crossed they don't turn up. The most difficult thing I've found with the whole thing is the calculation of interest with this though. Basically I used the spreadsheet in googledocs - the only charges I input into the spreadsheet were either 'Late payment Fees' or 'Overlimit Fees' & the dates shown - the interest rate I used was 25.39% (arrived at by using the interest rate they were actually using to charge me at) & obviously googledocs automatically calculated the interest & the totals. When the case went to court I calculated the s69 8% statutary interest in the following way 'Late Payment Fee' + interest 25.39% (automatically calculated) + 8% Statutary interest - totalled it all up & that's what I'm reclaiming. But as the case isn't settled in full I keep updating the totals periodically as the interest is still accruing - just like it would do if I owed them money, until the day it was settled in full. Going by their defence & what I've said/done in reclaiming since, I need to know if I really am stupid & they're right? Shall I carry on with nerves of steel or go quietly as they really do make me doubt myself? Thanks...............

http://i786.photobucket.com/albums/yy143/zsazsag1/Capital%20One%20Documents/AmmendedDefence1.jpg http://i786.photobucket.com/albums/yy143/zsazsag1/Capital%20One%20Documents/AmmendedDefence2.jpg http://i786.photobucket.com/albums/yy143/zsazsag1/Capital%20One%20Documents/AmmendedDefence3.jpg http://i786.photobucket.com/albums/yy143/zsazsag1/Capital%20One%20Documents/AmmendedDefence4.jpg http://i786.photobucket.com/albums/yy143/zsazsag1/Capital%20One%20Documents/AmmendedDefence5.jpg And those are the direct links to each page so they can be seen properly.....

The ammended defence from Capital One - I appreciate what you say about not being an expert, but also know that when you've got several claims running you're 'in the zone' and you're advice is real as opposed to text book - which is great for the likes of me & everyone else on here, so many thanks for your time again - it's really appreciated.

Thank you Still_surviving - I really appreciate your help & support in this. Yes cap one have told me my calculations are incorrect & I'm just going to upload their ammended defence so you can see- as I understand it, they're saying what they said in the original defence but with more words, just trying to put us off & blind us with science. I'm just getting my bundle for court ready - court date 3rd September& I hope they don't turn up! I've done the full bundle before, although that was before the OFT test case & with a bank, so I'll obviously check everything as there may have been some ammendments to the info needed as a result of the test case & the fact that this is a credit card. Thanks again, I'll keep a close eye on what you say....

Long Story short - I'm claiming on behalf of my mum against Capital One. It's been a couple of years to get to this point & I've had 3-4 successful claims against Halifax, HSBC, RBS (donations very gladly made through this site in the past at the time) & thought doing Cap One would be similar, although with Cap One this time, with it being a credit card I claimed contractual interest. I need to ask a couple of questions as the bullying tactics have begun to wear me down properly now! I claimed the following - A. Default Sums B.Associated contractual Interest on default sums (worked out to 25.39% going by what they charged themselves) C. 8% Statutary Interest under Section69 when the claim actually went to court D.Court Fees Q1 - Was I able to claim the statutary interest as well as the contractual interest? Q2 - I used the spreadsheet on Google to work out all the figures for the contractual interest & the interest soon adds up to big numbers when going back 6 years - this is correct isn't t? Q3 - If I've made an almighty cock-up & shouldn't have claimed the 8% as well as the contractual interest can I just ammend my figures and still carry on the claim? If any kind soul out there will help me I'll be eternally grateful & of course very happy to make another donation to the site. This is heading for District Judge Glentworth sitting at Leeds who seems to be for fairness for the 'little man' & has been very willing to continue the case requesting additional information from me in order to understand the claim, as well as stating the claim could only go 6 years back & that the defendant had to submit an ammended defence. Cap One have left all dealings with the court til the last minute & I have heard absolutely NOTHING directly from Cap One since they asked me to end the action after payinga goodwill payment. Please help - If I need to scan in Cap One's ammended defence I can...

Oh Hell! Stuck again! At the end of witness statement to the maths bit. I normally haven't a problem with this but I've tied myself in knots. The original claim was 4655.40 plus interest which was 1073.09 - total 5728.49 with court costs on top. LTSB made 2 payments totalling 4290.98 so I'm still claiming for the balance & the unpaid court costs which is 1518.89 plus 400.00 costs. On the spread sheet I deducted the 2 payments from the charges column as opposed to interest column first (judge said lawyers reduce interest over capital but I couldn't work out how to do that at the time - i guess that's so the full capital keeps accruing interest). However now I can't quite work out exactly what I should put in that bit below... a) Charges in the sum of £XXX (original claim £4655.40 as particularised in the Particulars of claim). b) Interest at the rate of 8% per annum under County Courts Act 1984 s.69 in the sum of £xxx until 26/01/2007, and further the daily rate of £1.02 thereafter (as particularised in the Particulars of Claim); Could anyone help please? Thank you, Zsazsa-

Errr - Lloyds as far as I know - they just keep spending the overdraft fees on updating the local bank! Looks nice - nowhere to sit though - standing room only! LOL

Ohhh Gary! - another query - I'm sorry to be a pain & promise to go away soon! Witness statement - Breach of contract - unfortunately my mother's LTSB account pre-dates 1998 considerably & she can't remember what the original overdraft limit was - although I do have the figure that applies currently - shall I modify that section to show that the figure is the current overdraft limit - I know she always had one - but obviously the amount has risen over the years the account has been operated. Also - after speaking to the chancery department in Leeds again I think I've sorted that. I explained that although the witness statement refers to exhibits (which will be shown in full in the trial bundle & referred to in that index) the specific points were printed in short in the witness statement. She seemed to think it was okay to just do that as opposed to sending the full court bundle in at this stage. Although she did say that the judge was used to reading/skimming massive amounts of info in bundles & a few hundred pages wouldn't faze him -after finally understanding what I'm doing I can't see why they'd need a duplicate in effect, of the things I've said I'll have with me in court (in my disclosure list) & that will also be printed in full for the court bundle. Seems like printing ink & paper that doesn't need to be used. Zsazsa

Thanks Gary - I'll call the chancery department again & just double check that the witness statement document they expect to receive would really need to be so thick or if the disclosure list would cover those points referred to. I checked with them yesterday as to whether they'd receieved anything from LTSB & as previously thought nothing what so ever. Not a jot in fact, so I mentioned that I'd be including a letter to the Judge advising that LTSB hadn't comlplied with any points on the order. The lady speaking to me wasn't surprised about that but was surprised they hadn't already settled & this was still going on. I also referred to my previous cockup witht he disclosure & she confirmed they'd received the correct one I'd sent in & that my initial mistake had been over looked as it had been corrected, so that was a bit of good news at least. I do have the index that you sent me so won't need to put you to extra trouble on that score. Thanks again Gary, your help is greatly appreciated - Thank you. Zsazsa xx