Help Please

[lloyds1981]

Hello All

 

Recently send my first letter to Cap one asking to be refunded £452, but have has no correspondance from them and they have credited the account with £176 - the difference between the £20 and £12.

 

I didnt ask to be credited the differnce they have just done it !!

 

Has anyone else out there had this ?? And how do i proceed ?? Do i now just send the LBA and request the rest ??

 

Cheers

[Michael Browne]

Do i now just send the LBA and request the rest ??

Yes, you can amend the LBA to acknowledge this part refund, but that you do not accept this as a full and final settlement.

[lloyds1981]

Thanks for the quick response Michael !!

 

Does anybody have a copy of the letter i should send back to them to reject the offer ??

 

I have seen letters before for both LBA's and rejecting offers, which is the easiest route to go down before i can start N1 ing ??

[**Tilly**]

hi

 

Here is the link for the c/c Lba

 

Credit/Store Card Letter Template (thanks Bookworm01036)

[lloyds1981]

Thanks for that Tilly

 

I am being a pain now, but can someone send me the deatils of what to write on the N1 form - so i can prepare the form and have it ready for when cap 1 tell me to get lost ??!!

[Michael Browne]

See here:

http://www.consumeractiongroup.co.uk/forum/show-post/post-1152622.html

[lloyds1981]

Cheers again Michael, will start putting that toghther.

Just one more thing, when i wrote the intial letter to Cap one i did not ask for the interest, now that i am about to procede to the N1 stage can i apply the interest ??

[Michael Browne]

Yes, s69 8% interest is included in your POC's

 

Use the Simple S/S here:

 

http://www.consumeractiongroup.c o....eadsheets.html

 

 

When entering your charges, don’t delete anything first. Just overwrite the existing examples: type of charge, amount and date.

 

The days since and 8% will be calculated automatically

 

Save it and print out as your schedule of charges.

 

If you don't have Excel, Works or OpenOffice use this online s/s:

 

Spreadsheet: Online & Simple to Use

iCalculate

[lloyds1981]

Thanks again mate

 

Just one more question, i promise !!

 

When filling out the N1 form it requires me to enter the below info;

Charges £xxx.xx

Overdraft Interest £xxx.xx

Interest under s.69 County Courts Act 1984 £xxx.xx

Court Fee £xx.xx

 

TOTAL £ xx.xx

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just.

The overdraft intrest i assume i can delete as it does not relate to a bank account ?? And what does it mean by the 'daily rate' and £xx.xx per day ??Is it daily rate minus charges and od interest x0.00022, or am i being thick ??

[Michael Browne]

When filling out the N1 form it requires me to enter the below info;

Charges £xxx.xx

Overdraft Interest £xxx.xx This is overdraft interest that relates directly to your penalty charges, as opposed to general overdraft interest. It's difficult to separate out and for simplicity most people don't bother.

Interest under s.69 County Courts Act 1984 £xxx.xx

Court Fee £xx.xx

 

TOTAL £ xx.xx

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just.

 

And what does it mean by the 'daily rate' and £xx.xx per day ??Is it daily rate minus charges and od interest x0.00022, or am i being thick ??

 

If you are not claiming the overdraft interest on your charges, the daily rate is the total of your charges x 0.00022

 

eg £495 x 0.00022 = £0.11p

[lloyds1981]

So i should just delete the 'Overdraft interest' from my claim and use s.69 county court acts one ??

 

ie;it will look something like this ??

 

Charges £xxx.xx

Interest under s.69 County Courts Act 1984 £xxx.xx

Court Fee £xx.xx

 

TOTAL £ xx.xx

[Michael Browne]

Yes, that's fine

[lloyds1981]

Hello All

 

Took my N1 in to the court on friday, so will keep you all updated !!

[steven4064]

Ho lloyds - yes, keep us posted. Nearly there now

[lloyds1981]

Hello Again

Recd my letter from the court stating that cap one have until the 4th April to put in a defence.

[remus]

Hi lloyds1981,

if my claim against Cap1 is anything to go by, you should be getting the "we do not agree, but here you go" letter very soon:D

[lloyds1981]

Still no response from Capital One !! Is there anyway i can chase the court or capital one to see how the claim is being processed ??

 

They do have until the 4th of April to respond, but i am getting a bit twitchy !!

[WendyB]

You can't really chase it up. They've got till 4th to acknowledge service, file a defence, or whatever. They usually do acknowledge, to be honest. But you should be getting your "of course you're wrong, blah blah loads of rubbish but we'll pay up anyway" letter soon.

[lloyds1981]

Well just checked my post this morning and still have had no response from capital one, also checked the card account and they havent credited the account !!

 

Should i leave it a few more days or press on with the judgement ??

[steven4064]

Give them a few extra days - these organisations are always fashionably late. The problem is the courts let them get away with it.