Capital One Court Claim - HELP

[kibby]

I have done all the LBA letters etc. I have now filled in the spreadsheet, but decided not to file for the 8% interest as its something i dont understand, is there anyone who could help me.

 

I was meant to file my claim months ago but thought that the test case goin through the courts about the bank charges but also have affected the credit card charges, is this the case???

 

Please help

[citizenB]

Kibby, the spreadsheet works out the 8% interest for you and you only use that part when filing the actual claim. Is that the stage you are at now ?

[kibby]

It is, i have completed the spreadsheet with all the charges, but not completed any part about interest etc. Im baffled

 

Any help much appreciated

[citizenB]

If you are using the spread sheet from the link below (scroll down until you see the credit card spread sheet), the 8% format has already been included. There is already text on the sheets you just type over the text in the first 3 columns ie.. charge then the amount of charge and the date columns. the days since offence and 8% interest will then be calculated for you automatically . Once you have inputted all your charges.. just delete the remaining text.

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=5#content_start

[kibby]

I was actually using one of my bank charges spreadsheets, this one looks much better thanks.

 

So once i have it filled in I just complete the N1 form and attach the POC and file it with my local court?

[kibby]

On the spreadsheet should the 8% interest be the same for each total if the charge is £12, its just on the spreadsheet they get smaller and smaller

[havinastella]

On the spreadsheet should the 8% interest be the same for each total if the charge is £12, its just on the spreadsheet they get smaller and smaller

 

 

That is correct, the earliest charge will have the most interest. Last charge the least interest.

 

Check out my schedule of charges here

 

http://www.consumeractiongroup.co.uk/forum/capital-one/50003-havinastella-capital-one-3.html?highlight=havinastella#post1586503

 

 

JOgs

[kibby]

Thanks a mill. Thats me all set now. Just have to download the N1 form, etc and fnd £45 to file claim.

 

Any tips to help me??

[havinastella]

Its all on my thread mate, follow it and they will pay

[citizenB]

Seems like you have it all sussed now Kibby. Keep us updated

[kibby]

Still havent got around to filing my court claim, been unwell and couldnt afford the £45. Am I leaving it too late?/

The reason im asking is because I know a lot of people who left it too late when filing their bank charges and now everything been frozen because of the test case in the courts at the minute. Will this happen with the credit cards too??

 

I could do with the extra cash for xmas though, definitely wanna get the claim lodged before end of the month

[havinastella]

If you have sent the LBA then you can file any time.

 

Just redo your charges sheet as the interest will have gone up now.

 

On a serious note, file the N1 NOW.

 

Jogs

[kibby]

dont understand wat u mean about the interest, is it not just 8%

they owe me £468 and the interest is £72.69

[havinastella]

dont understand wat u mean about the interest, is it not just 8%

they owe me £468 and the interest is £72.69

 

 

Change the date on the schedule to the date you are filing the N1!

[kibby]

Do i just attach the POC to the N1 form or do i fill in the details on the N1 form? Im determined to do it soon, prob next wknd

[Bigad123]

Hi Kibby, I was in the same boat as you with Cap one - my thread can be found easily (BigAs Vs Cap 1)

 

I got some great advice on here and after submitting the court forms you are only about 4 weeks away from getting your money.

 

Be aware they will minus from your balance and send you a cheque for any over your current balance.

 

You have to file at your local court and there are so many helpful links and sub-folders to get this done.

 

They send you a letter saying no liability, only a goodwill payment etc. etc.

 

You get all the additional costs back (so claim for court cost) & I got the 8% also.

 

It was my first one I had gone for and I am no going after all of my other cards.

 

Good luck !

[kibby]

thanks for the help it is much appreciated but i am brickin it lol

 

The only thing im not sure about is completing the N1 form. Under the claimant do I just put my name and capital one under the defendant? And what do i write under brief details of claim and for value do I just put the amount im owed???

 

Thats the only part, and then do I print out the POC and attach it to the other side of the N1??

[havinastella]

Download and fill in the N1 here

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf

 

Fill in N1 like mine and then attach POC

 

 

 

 

 

Jogs

[Bigad123]

Spot on advice..

 

Just ensure you search through the website for your local county court to send to. They are actually very efficient

[kibby]

Thanks thats all i need. Although does it matter that Capital One referred my account to Capquest?? I have been paying them off monthly.

[kibby]

i Checked with my local court service and because im in northern ireland i have a different application form to fill in, and it doesnt state anywhere on the form about the particulars of the claim. I just have to describe in simple term the details of the claim.

 

THis is the link to the website if you wanna have a look. Plus the charge has increased to £70!!

 

Northern Ireland Court Service

[Bigad123]

Pretty sure it does not matter as they received your late payments and overlimit feesbut don't take this as definative.

[kibby]

So under the terms of the claim what should i write?? This is the part that scares me cause i dont wanna mess it up. Northern Ireland is completely different

[Bigad123]

I included as below which I pretty much copied from some helpful chap's link from this website. I also had to attach a front sheet (maybe N1??) which I now cannot locate but was pretty much summary of below. Cap 1 seem to always fold at this stage..

All the best

1.The Claimant entered into an agreement (“The Agreement”) with the Defendant on or around 1/9/2003 whereby the Defendant was to advance credit facilities to the Claimant under a running credit account, Account no 1234 1234 1234 1234(“The Account”).

 

2. “The Agreement” essentially consisted of the Defendant providing the Claimant with a credit card (“The Card”) which would allow the Claimant to make purchases and receive cash advances on credit. In return the Defendant was entitled to charge interest at the published rate.

 

3. The Agreement was a Regulated Agreement for the purposes of the Consumer Credit Act 1974.

 

4. At all material times the contract was subject to the Defendant’s standard terms and conditions which could be varied from time to time.

 

 

 

Summary

 

5. Throughout the course of the Agreement, the Defendant has added numerous default charges to the Account for the Claimant’s failure to make the minimum payment on the due date and or for exceeding the credit limit and or if a payment is returned. (Full particulars are set out in schedule 2).

 

6. The default charges were applied in accordance with the standard terms of The Agreement which were:

 

a). A penalty payable on breach of contract and thus unenforceable: and or

 

b) An unfair term under the Unfair Terms in Consumer Contracts Regulations 1999 (“The Regulations”) and therefore not binding on the Claimant.

 

 

7. The Claimant is accordingly entitled to repayment of the sums wrongly added to the Account.

 

The Charges

 

 

8. The standard Terms of the Agreement in substance provided as follows:

 

(a) The Defendant would provide the Claimant with the Card. The Claimant was entitled to use the Card to make purchases and receive cash advances up to a credit limit (“the Limit”) set by the Defendant. The Defendant could unilaterally change the Limit by giving the Claimant notice in writing.

 

(b) The Defendant was entitled to charge interest on the purchases and cash advances at the published rate.

 

© The Claimant was to pay the minimum payment of 3% of the amount owed or £5 (whichever was the greatest) by the due date as notified in the monthly statements.

 

(d) In addition the Defendant was entitled to charge default fees (“the Charges”) where the Claimant exceeded the Limit, did not pay on the due date, had a credit cheque returned or had a payment returned. The Charges are currently £12. Prior to 2006 the Charges were £20.

 

Penalty

 

9. The Charges were payable on breach of contract by the Claimant.

 

10. The amount of the Charges exceeded any genuine pre-estimate of the damage which would have been suffered by the Bank in relation to the Claimant’s transgressions.

 

11. In the premises the Charges were punitive and a penalty and thus unenforceable at common law.

 

 

The Regulations

 

 

12. At all material times the Claimant was a consumer within the Regulations.

 

13. At all material times the terms of the Agreement providing for the Charges were unfair within regulation 5 of the Regulations in that contrary to the requirement of good faith they caused a significant imbalance in the parties' rights and obligations to the detriment of the Claimant.

 

14. Without prejudice to the burden of proof, the Claimant will refer to the following matters in support of the contention that the terms are to be assessed as unfair as at the time of the conclusion of the Agreement, and of each revision to the Standard Terms.

 

(1)The terms relating to Charges were standard terms; they would not be individually negotiated.

 

(2)The Charges were a penalty for breach of contract.

 

(3)The Charges exceeded the costs which the Bank could have expected to incur in dealing with the exceeding of the credit limit, late payment or returned payment.

 

(4) Accordingly the Charges were a disproportionate charge incurred by the Claimant for their failure to meet their contractual obligation and thus within the ambit of Schedule 2 (1) (e) of the Regulations and indicative of an unfair term.

 

(5) As the Defendant knew, the Charges were of subsidiary importance to the customer in the context of the Agreement as a whole and would not influence the making of the Agreement.

 

(6) As the Defendant knew, the Claimant had no means of assessing the fairness of the Charges.

 

(7) In the premises, the effect of the Charges would be prejudicial to the customer who incurred them, and cause an imbalance in the relations of the parties to the Agreement by subordinating the customer’s interests to those of the Defendant in a way which was inequitable.

 

15. Without prejudice to the burden of proof, the Claimant will contend that the terms imposing the Charges are not core terms under regulation 6 of the Regulations and relies on the following matters.

 

(1) The assessment of fairness does not relate to terms which define the main or core subject matter of the Agreement.

 

(2) The assessment of fairness does not relate to the adequacy of the price or remuneration as against the goods or services supplied in exchange (in other words, whether or not the relevant services were value for money).

 

(3) The Charges are correctly described as default charges by the Defendant in the published tariff of charges.

 

16. By reason of the said matters the terms were not binding under regulation 8 of the Regulations.

 

17. The Defendant wrongly applied Charges to the Account totalling some £592 between 14/10/2003 and 29/1/2008. Particulars appear from Schedule 2.

 

18. On 22nd July 2008 the Claimant demanded repayment of the sums wrongly applied.

 

19. The Defendant has not repaid them or any of them.

And the Claimant claims:

 

(1) A declaration that the sums totalling £592 have wrongly been applied to the Account

 

(2) Payment of the said sum of £592 and interest of £119.78 applied by the Defendant thereon.

 

(3) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of payment of the Charge to date in the sum of £711.78 (4) Court costs of £65.

 

I believe that the facts stated in these particulars, comprising of 5 pages, are true.

 

 

Signed

 

Dated

 

 

Schedule 1

 

 

From Terms and Conditions as at Oct 2007

 

4. Credit limit. We will determine the credit limit from time to time under this agreement and tell it to you in writing. Your credit limit and the amount of credit you have left are shown in your monthly statement. You and any extra cardholder can use the card, account or credit card cheques to make purchases or cash withdrawals and you, but not the extra cardholder, to make balance transfers which, added together and inclusive of interest and all other fees, charges and expenses, do not exceed your credit limit. If you go over your credit limit, you (and any extra cardholder) must not use the card or credit card cheques and you must immediately pay us enough to bring the outstanding balance within the credit limit.

 

8. Monthly payment. You must pay the outstanding balance by paying to us at least the monthly payment by the date stated in the monthly statement. The method of calculating the monthly payment is stated in the “Monthly Payments” section of “Key Financial Information”. Prompt payment is essential.

In addition, you must immediately pay any amount borrowed under this agreement in excess of your credit limit or which is overdue and the amount of any transaction made in breach of this agreement.

 

12. Other Charges and Default Charges. You must pay to us the ‘Other Charges’ and ‘Default Charges’ referred to in the ‘Key Information’ (as varied from time to time) and in our tariff of charges from time to time in force, as notified to you in writing from time to time. A cash withdrawal handling fee which is a percentage of the transaction (with a minimum amount) is payable on cash withdrawals. The current amount is shown in ‘Current Amounts of Other Charges and Other Features’. All charges may be varied as set out in section 18. We may require you to pay our reasonable charges for the following:

 

(a) Late or failure to pay charge: a charge if we do not receive your minimum payment by the due date shown on your monthly statement

 

(b) Returned payment charge: a charge if a cheque, credit card cheque, Direct Debit instruction or other method of payment is

not honoured.

 

© Overlimit charge: a charge for each statement period during which the outstanding balance is over your credit limit by £1 or

more.

 

(e) Returned credit card cheque charge: a charge for any credit card cheque we return unpaid for any valid reason.

 

(f) Administration charges: we may charge you for dealing with any special requests you make, including if you ask us:

 

● for information under the Data Protection Act 1998 where we are entitled to charge;

● to make a payment to your account through any express payment service; or

● to stop processing a credit card cheque.

 

You must pay to us all reasonable court costs to which we may be entitled against you, reasonable collection expenses we incur in collecting any amount you owe us under this agreement, reasonable costs incurred by us in trying to retrieve the cards and credit card cheques, and placing your account on a restricted list. Charges will be debited to the account when they are incurred and will form part of the outstanding balance.

 

 

 

 

 

 

[kibby]

The only this is, it says to give a brief description about the claim. So if i attach the POC they might not pay much attention to it.