okidoki

Ok cheers once again hopefully they will send me a better offer after this letter. I take it I send it to the same address as I did the first letter.

Yeah I did mention CI in the first letter do I need to mention it in this letter though or shall I just leave the figure of the 2k on. Cheers

Hi Enaid, shall I just put on the full amount including the interest as in .. Thank you for your letter dated 4th June 2007 I respectfully decline your offer of settlement and request, one final time, that you return to me all charges imposed on this account which is in total £2005.05. In order to avoid Litigation against you, I am prepared to temporarily accept the sum offered as partial settlement on the clear understanding that the remainder is paid within the next. Failure to comply with this request will result in legal action against you for full recovery, as detailed in my Letter Before Action. If you do not accept my conditions for acceptance, or you do not respond within 10 days, the money transfered to my account should not be viewed as my acceptance and I hereby authorise you to remove this sum accordingly. I trust this clarifies my position.

HI all sorry about not posting recently been to busy buying a flat what a nightmare. Anyway update..... I received a letter from CAP1 on th 4th JUNE offering me a puny £180 back (which they have already credited back to my account) as a gesture of goodwill LOL. Do i now send the refusal letter ? and say please can I have the rest I am claiming for.

DAY 43 no statements Phone Barclays who originally stated that I had to wait 40 working days. Thought that was wrong so phoned IOC they said thats crap its 40 calender days so I rephoned Barclays and was put through to the retail banking department. The lady on the phone was very appologetic and stated that she would print my statements off and get them sent to me either today or tomorrow. The waiting game continues.....

I've checked the spreadsheets and can't see why there's a difference I'm going to send off vamps one at 28.32% interest so claim for £638 worth of charges is over 2k !!! I'm sending the letter and schedule of charges tomorrow so ill let you know how I get on. Thanks for everyone's help regarding CI.

Any ideas anyone or shall I just send of the higher amount LOL and hope for the best :grin:

Even though MBNA offered me £230 without me even asking for money (I had only sent a S.A.R - (Subject Access Request) ) How does this letter look to send them I have spliced several other letters together and think this may do the job? But bear in mind I havent even approached them for repayment yet. Dear RachelClaridge Thank you for your letter dated 18/05/07 I respectfully decline your offer of Full and Final settlement and request that you return to me all charges imposed on this account, totalling £387,In addition and as shown on the enclosed schedule of charges, I require that you pay me contractual interest on this amount at a rate of 22.05% (APR rate), this rate is based on an average of the monthly interest rates that you have charged under the terms of the above mentioned account, totalling £175.79. The total amount of my claim is therefore £562.79 combining the amount of charges and interest. I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary. If you do not accept my own conditions for acceptance, or you do not respond within 14 day I will start legal proceedings. For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter.

I take it it's the contractual spreadsheet link. If so I have put in all the information and charges and it shows in total my claim is £2010.20 with CI On the other spreadsheet I was using it showed that I was owed £1740.52 why is there so much difference between the two?

My interpretation of vexacious or vexatious is if you, to cause more annoyance to the person you are claiming against changes particulars of the claim. Thats my interpretation and has nothing to do with my training, I know a lot about criminal law but when it comes to these sorts of circumstances my advice to the public is generally to speak to a solicitor. Sorry I'm not being helpful but I dont want to give you the wrong information, my only suggestion is to ride it out and see what happens send in an amended statement saying you are sorry etc if its only three days ago it hopefully shouldn't matter to much they probably havent even opened the letter. Sorry if I havent been helpful.

Just realised is this spreadsheet ok to work out CI ? http://www.zen122856.zen.co.uk/CompoundSheet_v1.9.xls

maybe not so much of the killer though :grin: What sort of expert ? paintball ?

My user name is quite simple I'm a killer and a cop lol

Thanks for all the information. how does this look ? I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations. I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary I calculate that you have taken £638 in unlawful charges from my account. I enclose a schedule of the charges which I am claiming with this letter. In addition, and as shown on the enclosed schedule of charges, I require that you pay me contractual interest on this amount at a rate of 28.38% (APR rate), this rate is based on an average of the monthly interest rates that you have charged under the terms of the above mentioned account, totalling £1101.33 The total amount of my claim is therefore £1739.33 combining the amount of charges and interest. I require repayment in full of this money. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

Is this what I send to Cap1 to claim CI as well My request I am writing to ask you to refund to me the charges which you have levied from my account over the last six years. I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs. Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary. Your responsibilities I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them. Your concealment of the true nature of your charges has prevented me from asserting my right until now. What I require I calculate that you have taken £638 plus £1101.33 which you have charged me in overdraft interest for the sum which you have taken. Total £1739.33 I enclose a schedule of the charges which I am claiming with this letter. My targets to resolve this matter I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets. I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment. If you dispute that I am entitled to a refund of these charges, I request that you forward within the above mentioned time scale, a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6©, and failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action. If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments. After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

Ok so if I go for CI interest do I just send the preliminary approach for repayment letter along with a copy of the spreadsheet page for CI interest which lists my schedule of charges ?

If so is there a letter template I can use as I haven't even sent a preliminary approach for repayment letter. Cheers

Day 36 Received statements through the post today. Standard letter blah blah you agreed to the charges so that means we can rip you off. They have offered a "goodwill gesture" of £230 but the charges are £412. Do I now write a letter saying thanks I'll take the £230 but I still want the remaining £182 ?

Thanks for that I'm sending the letter off today, I'll let you know what their response will be... although I bet you can guess.:grin:

Thanks for all the help and information but I'm gonna run with claiming just the standard 8% interest as I dont feel confident enough with the 28%. Do i include the 8% interest on the next letter I send ? Thanks again

I had a two week turn around from Cap1 and had all six years worth of statements. £638 worth LOL

I wont cut any corners, im gonna cross the t's and dot the i's i want my £1700 back. I'll wait for pball to see what she reckons though I just looked at her thread and she charged 30% interest and got a settlement in full

Yeah, I really wanna get these guys, their charges are ridiculous. I just got my latest statement through, the interest on my balance made me go over my credit limit by 97p so they slapped another £12 charge on me :o ... Oh well more money in the claim LOL

28.38% is what it came out as