Baslow138 v Cap One **Won**

[baslow138]

I requested repayment of charges ( £1200) sometime ago and have recieved all the usual rejections and offers of part refunds.

Having sent my LBA I am now ready to start court action but am unsure whether electronic or a paper based file is more apprioprate. Is there difference in what I need to prepare?

As part of my court bundle to I need orginal statements or will a spreadsheet suffice?

 

Do I need my orginal terms and conditions( long lost!) and if so do I write to cap one for a new copy?

 

Thanks in advance

 

Baslow

[WendyB]

I would use N1 as there's more room to fit in the POCs and you can add a continuation sheet if necessary.

 

Don't worry about court bundle yet, its very doubtful that you'll get that far as Cap One tend to pay up just after stating their intention to defend.

[baslow138]

Thanks Wendy.Can you clarify POC for me please and can I download the N1 forms or do I need to collect from my local Court(Sheffield)?

Cheers

[WendyB]

Sorry, should have said Particulars of Claim. There's examples on here, unfortunately i can't add a link cos I'm not very good at them and you'll probably end up somewhere else! You can print off the N1 form (blank) Or you can complete it online then print but you can't save a copy. What i did was type my POC's into a word doc, then cut and pasted them onto the N1, then printed. That way you can mess about with the POC and just paste the finished version when you're happy with it. I printed mine about 4 times before I was satisfied - good job the boss was out at the time!

 

Then either post it to Court or take it personally. I took mine personally, just so i knew it was there. Also, if you take it, then if there's any queries you can sort it there and then, in my case, I'd put the wrong address on it!

[electric lemon]

Aaaah, here you are Baslow!

 

Ive read your thread now I realise that you need a copy of my POC.

 

Not a problem. I shall pm you ok.

 

All the advice from Wendy is absoloutely spot on.

 

You'll have to pay £120 to file your N1. They dont take debit cards as you will have seen by what happened to me. Cheque or cash only.

 

You will also need 3 copies of your spready, N1 & accompanying POC for the Court.(POC will be too long to put on N1 form, so where you would put your POC just put...Please see attached sheet).

 

I hand filled in the N1 as I didnt really have the time to position it all by computer, though it does look nice & neat if you can.

 

To submit your claim you just need your N1, your spready & the attached POC. You dont need statements. If you are just claiming the S.69 8% just submit that spready, however if you are claiming Contractual you will need to submit spreadsheets for both. Can you confirm as I will have to amend what I need to send to you?

 

Lemoney:D

[baslow138]

Lemoney

 

Thanks! Im going for contractual as thery deserve it! Its over a period of nearly 6 years so it'll mount up

I really appreciate your help,thanks again

 

Jim

[ukaviator]

Hi Jim

 

Have a read at post 48 here:

 

http://www.consumeractiongroup.co.uk/forum/capital-one/96448-wendyb-cap-one-3.html

 

It will give you a better idea of what to claim. Thanks to Steven for the post.

 

Uk

[baslow138]

Thanks all,

 

Im struggling to find the rate of interest they charged me( not the best at keeping paperwork )The card was issued and first used in 2001. Would Cap one give the rate if I rang them or is there a standard rate I can use to calculate compound interest? Im also aware that there is an excel table I can use does anyone have a link please?

Thank you

 

Baslow

[baslow138]

Hi Lemoney

 

could you pm me on [email protected] with poc if thats still ok?

Cheers

[electric lemon]

Will do - on its way!

[electric lemon]

You might want to include this to the end of your POC if it is pertinant in your case, though it may not.

 

 

7) The removal of any prejudicial information which the Defendant (Capital One Bank plc) has passed on to third parties in relation to the Account with any credit reference agency. The passing of personal data to third parties relates wholly to the implementation by the defendant bank of charges which have been applied to my account in respect of contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by the bank as a consequence of the said breaches are contrary to The Common Law.

The Claimant’s request is made under the Data Protection Act 1998; section 14, which gives the power to the Court to order the removal of inaccurate personal data.

 

There you go, all done now!

 

Lemoney.

[baslow138]

thank you... a total

star!

[electric lemon]

Glad to help any way I can Jim.

 

Know just how awful it is to start all this & to not have a clue whats going on or how to do things!

 

Good Luck - keep us all posted on your progress.

 

Leccy

[baslow138]

Lemoney

 

One more favour- Im still struggling get my head round the caculations despite the best intentions of all who posted on this thread. Could you email your spreadsheet to me? Ive now got an annual apr and want to see how much difference it makes to the final figure( so skint so every penny etc...)

Cheers

 

Jim

[ukaviator]

Jim

 

I have just sent one into your Hotmail account which is quite accurate.

 

Uk

[baslow138]

Thanks ukaviator

 

Mind you done some reading and it looks like I didnt enter any interest my orginal spreadsheet sent to Cap one, howver I did mention if I took it to court I would add interest.

I am in a postition to add contractual interest( 28.5%) on charges or just the 8% ?

 

Jim

[ukaviator]

You could amend your next letter to include this, but you should ask for it from the start. If you put "due to information received via websites etc etc, i am now claiming contractual Compounded interest at the rate of 28.5%, which you have charged me". When you do the Particulars of Claim on your court file, you put the 8% as an alternative. Rememeber you can't claim both.

 

Uk

[baslow138]

cheers UK

Re: email to my hotmail- not arrived as yet but somethimes things take awhile. Can I ask if you can send it again if its not made it by morning?

 

emsil srrived! Cheers

 

Jim

[ukaviator]

I have repied this morning, looks like you have it.

[beetlejuice]

Basi

 

New POC at this link unless you've already done it.

 

 

regards

 

BJ

 

 

http://www.consumeractiongroup.co.uk/forum/capital-one/117741-new-cap-1-poc.html

[baslow138]

Hi Bj

 

I had picked that up but heven't reread my original one( done in sept) to find differences as yet.

so basically claiming Compounded interest at the rate of 28.5%, is a non starter then?

 

 

Bas

[beetlejuice]

Basi,

 

No not necessarily, however if it goes to Court you need to have your argument in place, there is plenty more reading on the subject here on this web site under various contractural headings. In precis, and how I have gone about it is....

 

POC from web site amended to any particular issues you have with the CC.

 

I am claiming

1. Charges

2. Interest the credit card company has charged you on those charges (demonstratable Interest - DI) at their applicable current rates, so you need to look at each statement, as this will change over time and is compounded.

 

and

 

3. either Contractural Compound Interest un/authorised rate (again various thoughts on this) or S69(8%) as an alternative offer for the judge to decide on the POC. you need to give a brief argument for trying to charge them CCI. If you look at my MBNA thread, it's all discussed fairly well there, with some more knowledgeable others.

 

I currently have one in Court awaiting a defence from CAP one, and MBNA and Capital one are going in next week, Egg are capitulating, but no DI or CCI only offering me 8% so I may take them to court as well.

 

Hope this all helps,

 

regards

 

BJ

 

[baslow138]

Have Capital One actually taken anyone using the updated POC to court?

 

Thanks

 

Bas

[beetlejuice]

Ask me after the 5th December they have until then ho ho!

 

BJ

 

[ukaviator]

Have Capital One actually taken anyone using the updated POC to court?

 

Thanks

 

Bas

 

 

Not to our knowledge. They seem to pay out the purchase rate of interest. Not full CCI, but we can't complain at that.