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drufcdragonno12

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About drufcdragonno12

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  1. Thanks for your thoughts, food for thought over the next few days
  2. Like many people I have had my claim against Abbey stayed pending the OFT court case. Abbey have now removed my overdraft fascility despite refusing my request to reduce it a few months ago. When the O/D fascility was withdrawn I transfered all my banking to the parachute account I'd set up. Abbey are now threatening to default the account if I don't pay up. Am I right in assuming that they cannot do this because the account is in dispute (has litigation pending against it)? Any advice greatly recieved.
  3. It sure does!! Take a look at my posts on your thread...... http://www.consumeractiongroup.co.uk/forum/capital-one/116648-statatory-interest-ci.html I would particularly take note of this comment from (site helper) Steven 6064 "if you know what you are doing, you can claim compound contractual interest on top INSTEAD of the 8% simple interest."
  4. Are you going to put this in Salty, or are you going to go for the CCI option only, as discussed in your other thread??
  5. I concur with your thoughts and will be claiming CCI only on my wife's claim v Abbey CC.
  6. Hi No, I havn't been defaulted. The account was closed in 2003 with £0 dalance.
  7. I am in exactly this situation Salty..... Cap1 have sent me a cheque with the statutary 8% and have filed a defence quoting that the ammount owed has been paid in full. I followed the latest advise available at the time, which was to claim CCI on my POC, but to also give the Judge an alternative of 8%. It seems to me that there are 3 options..... 1] Don't claim CCI on your POC- Cap1 cave in easily and offer you all your charges, costs and 8% back. 2] Only claim CCI on your POC - I only know of 1 instance of this (as ncf355 above) so you'd be as well seeking advise from
  8. Cheque arrived yesterday and banked today. Decided to accept as part settlement. Is anyone aware of a template letter to send Cap1 that fits my situation, or will I have to amend one from the library?
  9. Thanks for the quick response uk. Cap1 have filed a defence indicating the return of purchace interest (my account is closed) to the value of just a few pounds. But as you point out, the amount of interest claimed is what they charged me compounded to the date my claim was submitted. I will have a think about things overnight and also wait to see if others concur with your advice to accept as part settlement. This way forward does seem to tick all the boxes as it were; I get paid out, but continue to be a pain in their bum - a pain they may decide to pay to get rid of.
  10. Thanks for your opinion ncf355. The more I think about things the more I am inclined to ignore Cap1's offer and submit my AQ, continuing with 34.9% CCI. As I mentioned above, my Particulars of Claim clearly stated it is for the court to decide the level of interest. Cap1 are using my 8% option as their basis for settlement, and that really makes me itch. I think the worst that can happen is that we go to court and the Judge decides to award what has already been offered by CAP1. But would they even let things get to court?? If they did, would they then have to disclose their true costs
  11. Thanks for your thoughts WendyB I did propose to the Court on my N1 the 8% as an alternative to the 34.9% CCI, as is the norm. But what doesn't quite sit right with me is that on the Particulars of Claim we all clearly state that the rate of interest applicable is the decision of the Court and not Cap1. I just don't like the idea of them dictating to me. However, I have got a positive result and will accept their offer once the cheque clears.
  12. Submitted my N1 with CCI at 34.9% and alternative of 8% on 19 Sep. I have recieved an offer from CAP1 for charges + 8% + personnal admin costs + court fee. They say this is their final offer and cheque will be with me within 14 days. Letter says they dispute the 34.9% interest rate and will defend "on the basis that the correct amount has been paid" It seems they are forcing me into the courtroom to fight for the difference in CCI. Has anyone got any previous knowledge of this situation? Looks like I've won, but I was wanting to give them a good hard kick in the g**lies.
  13. Coll2900 It seems to me that essentially you have to decide whether to accept or decline the offer, and an offer is all it is at the moment. Don't forget that you have asked the Court to decide the rate of interest, it's not for Cap1 to dictate. Numerous people have been in the same situation as you are now....... Some people have accepted the offer and called it a day. However, this makes it difficult to persue anything you originally claimed for at a later date; things like removal of a default or the difference in interest rates won't be easy to chase later. Some have a
  14. Thanks Scott However, I have read of several cases on here (including WendyB above) where the Courts have refused to accept a PO Box as a valid address. Looks like yours was one that slipped through the net. Congrats on your success with Cap1, first class.
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