Andy v CapOne

[brownie24]

Hi Andy

 

Sounds like your in a very similar situation to me, i received a similar letter. After looking through various posts on this site especially one by doo I responded to their letter with the following:

 

I am in receipt of your letter dated 10th December 2008.

 

Please be advised that I will not be accepting your offer and therefore my court claim still stands for the full charges, contractual interest and court costs. I am enclosing with this letter an updated schedule of charges as of today’s date to update you regarding interest that is currently accruing daily (£2.10 daily) and will continue to increase until this matter is settled.

 

Once again you are denying that these fees are unlawful and that they are based on the costs that you incur. I once again invite you to provide evidence of your actual losses or pre-estimate of costs in relation to the account breaches. Your silence on this matter leads me to believe that you will not disclose your costs for reasons that remain unknown. If you choose to continue not to address this issue, you will be requested to provide this information in court, I have put it in my Particulars Of Claim (POC) and can be addressed in court.

 

As my Particulars Of Claim state. I am claiming contractual interest (compounded daily) at 31.54% APR. which is the rate that has been applied to my account and is the most current interest rate applied according to my statements covered by this claim. The claiming of this rate is based in equity and a legal requirement for fairness and balance. As there is an express rate of interest in the contract for the benefit of the bank when it lends money, in my view there is an equivalent term which benefits the customer when the bank owes the customer money.

 

You state that my calculations are incorrect, I have checked over these calculations and they are not incorrect. Please note that I am claiming contractual interest compounded daily. I am aware that Capital One has been paying out on contractual interest (compounded) - for numerous claims and I shall not hesitate in providing these cases to the judge.

 

My POC also further states that ‘in the alternative’ should the court find that the claimant is not entitled to contractual interest, the claimant claims interest under section 69 of the County Courts Act 1984. Now having gone ahead and issued this claim I feel it is now for the Court to decide on the interest applicable and not Capital One. As such my claim still stands as before and I will be informing the court to that effect.

 

I think you have been presumptuous in assuming that I would accept your proposal as settlement. I have not accepted this amount as full and final settlement and when I receive the cheque I shall return it to you. In no way have I formally accepted this offer either verbally or written and you have no such proof to this effect . To make my position clear no refund is to be put onto my card and if such action has already been done without my authority then please be advised I am not accepting this and wish you to remove these funds.

 

I would also like to point out that you have not addressed the issue of removal of prejudicial information and the removal of the default notice as outlined in my Particulars of Claim.

 

I have checked with the court and no defence has been submitted by yourself as was ordered to do so by District Judge Butler by close of business on 15th December 2008. As such I am now in a position to issue judgement against you in this matter.

Should you wish to settle my claim in full, then please forward the balance of the claim £2636.47 to date, without conditions, and organise for the removal of default.

 

I trust this clarifies my position that court action will continue and your offer is not acceptable to me.

Hope that helps you a bit, let me know what happens.

I sent this letter off last Friday then on Saturday a cheque arrived through my letter box, however tempting it may be at this time of year I am sticking to my guns and sending it back as detailed in the letter:p

I have not yet issued judgement and am still a bit unsure about this, I am thinking of using it as a last bargaining tool i.e pay me in full or I will now go ahead an issue judgement what do you think?

Brownie:D

[brownie24]

Hi Andy

 

Any updates yet?

 

Still no response to my letter, but I suppose I'll give it to them that it has been crimbo . With regards to me issuing judgement I have now done this and did so on 30th December, I was told that this would be served on them within 5 working days, so by the end of this week they should have this and I have asked for payment of the full amount of claim immediately:D. Hopefully now I will have won my whole claim plus CCI, afterall they have not kept to the official order made by the judge.

 

Due to their ignorance and inability to ever provide me with the info requested i.e justifying that their charges are fair and a true reflection of their costs, and that they never had any intention of defending such claim I am also going to try them for wasted costs, i managed to get this from Abbey National last year so fingers crossed, I'll keep you up to date.

 

Brownie24:)

[brownie24]

OMG Andy I too am now in the same position as you......dooohhhh!

 

I have returned the cheques to Cap One and was going to fight it out for CCI and default removal and they have now submitted a late defence. A bit worried now about going to court .

 

Because they submitted a late defence and I had already filed for judgement I have sent the following letter to the judge. I have been told that it has been referred back to the judge for his orders so hopefully he will take my comments into consideration, I will keep you posted

 

I respectfully, and strongly oppose the late defence now submitted by Capital One Bank Plc.

I believe that Capital One Bank Plc has behaved unreasonably in their approach throughout this claim, They have failed on every opportunity my requests made of them to provide evidence of their actual losses or pre-estimate of costs in relation to the account breaches. I also believe that Capital One will fail to actually defend this claim in court, and will in fact eventually settle in full before the court date as this is a tactic they have used in various other claims of this type; I will provide evidence and claim numbers of such if required by yourself. The defence they use is just a standard blanket defence which they always tend to submit but fail to justify in court. Their actions in defending this way only puts a strain on the court system.

They have already failed to fulfil your order made of them dated 27th November 2008 and it appears that only once they were made aware that judgment may be entered did they in actual fact decide to submit a defence.

May I draw to your attention an article from BBC News on Monday 14th May 2007 by Ian Pollock – “Judge warns ‘unreasonable’ banks” in which Judge Mackie makes the following statement:

“Looked at in the real world where there will be no trial these steps, which place completely pointless work and some anxiety on litigants in person constitute unreasonable behaviour.” He then goes on to say, “From now on we will generally be treating such conduct as unreasonable behaviour thus enabling any claimant who has been put to unnecessary work and inconvenience to be compensated for this.”

Therefore under CPR27.12(2) (g) I may look for the court to award me these costs, or such that it deems appropriate should Capital One choose to further waste my time.

Therefore I seek that judgement shall still be entered against them as per your order dated 18th December 2008.

I hope you are able to take my comments into consideration and look forward to your response in the matter.

 

[brownie24]

It looks like they may turn up on this one Andy. The purchase rate of interest is what they say was charged. What APR did you see at the purchase rate?

 

Uk in terms of them paying out on either CCI or purchase interest rate do they not tend to pick and choose......I have read some threads where they have agreed to pay out on CCI - but in these cases purchase interest has amounted to more and others they have not paid out on CCI and offered to pay out on purchase interest only as this was the lower figure!

[brownie24]

Audrey

 

Would you beleive that I the day I filed for judgement they also submitted their defence!!! Just my luck, I had been on my way to the court to file the day before but had computer probs so got held up!!!!

 

I will be sooooo annoyed if their late defence is accepted afterall it appears that they only did so once they received a copy of the order from the judge stating that I could file for judgement.

[brownie24]

This is just their normal game plan..... all the support and help you need is here.....even if you need someone to go to the court with you for the hearing if it got that far...... that was done for some of the bank charges claims... people who lived int he same area...

 

Looks like I could take you up on your offer of help should I need it as I notice from your thread that you went through the Nottingham CC, well I'm just down the road at Derby CC...........That's if you don't mind helping out a Derby County supporter....lol:lol: