Capital One Rejected claim - now I need to contact the FOS

[loobyloo35]

I have received a letter refusing my claim of £1007 from Crap One and their offer of £138 stands and their final offer.

 

Now I don't really want to hit the court claim unless I can get the FOS to help me out first. I see some people have got the FOS to get Crap one to pay up before the court claim.

 

Can someone give me some advice as to what to write to the FOS and what to send etc., please many thanks

[Guest Old_andrew2018]

I think you should consider the court route, sorry IMHO cap one are calling your bluff.

 

Andy

[havinastella]

Cap One ALWAYS pay out after court papers are Issued.

 

Jogs

[dpick]

As above Crap1 payout 4 weeks after saying they will defend claim in full.

 

dpick

[loobyloo35]

Right then it looks like that is the route to go.

 

So I have filled out all the necessary forms now, do I send the court papers to my local court or to the Crap 1 local court?

[Bookworm]

Yours. 3 copies. Don't forget the fee. If you can go down there instead of posting, it's better in case there's something missing, they'll tell you there and then. ;-)

[loobyloo35]

Yours. 3 copies. Don't forget the fee. If you can go down there instead of posting, it's better in case there's something missing, they'll tell you there and then. ;-)

 

I can see the Courts from my office window so I can nip over there.

 

So I just need the scheule of charges and the N1 claim form that I have filled in the red bits and print each of these off 3 times yeah?

 

Do I need to submit all 3 papers? I guess, one copy for me, one for Crap 1 and the other for the Court?

[loobyloo35]

Also whilst I think of it.... the daily rate of 0.22p is being added, do I assume the Courts will add that when they do the claim?

 

AND (sorry!), do I need to list what the charges are for e.g. overlimit, non payment, etc. or will a figure and the date of charge be sufficient?

[Bookworm]

Yes, N1 + schedule of charges.

 

For some reason, I have it in my head that court wanted all 3 copies, but I could be wrong (it's been a while). Better be safe than sorry, make an additional copy. I'm pretty sure it should be as you say, but I can't get rid of my niggling feeling. :-|

[Bookworm]

Yes, you need to detail the charges as o/limit - late, when levied etc...

 

The daily rate, when Cap1 settle, they will pay up to the amount you have on your claim form, you can then argue with them about the pennies up to settlement if you want to (I don't bother if it's less than £2, but that's me, lol).

 

I hope you remembered to calculate the amount of interest levied on the charges, it can be quite substantial, especially on the high charging ones.

[the_shadow]

Yes, N1 + schedule of charges.

 

For some reason, I have it in my head that court wanted all 3 copies, but I could be wrong (it's been a while). Better be safe than sorry, make an additional copy. I'm pretty sure it should be as you say, but I can't get rid of my niggling feeling. :-|

 

Its three copies to hand in, they stamp one copy and give it back to you or post, one copy to defendant and one copy for court.

 

S.

[loobyloo35]

Yes, you need to detail the charges as o/limit - late, when levied etc...

 

The daily rate, when Cap1 settle, they will pay up to the amount you have on your claim form, you can then argue with them about the pennies up to settlement if you want to (I don't bother if it's less than £2, but that's me, lol).

 

I hope you remembered to calculate the amount of interest levied on the charges, it can be quite substantial, especially on the high charging ones.

 

 

I have a spreadsheet of all the charges, first one going back to March 2005 for £20 and interest of £6.61 at 8% - that is right isnt it?

 

I havent detailed what they are so will need to go back to the statements and go through that before I can send it off but I can get that done over the next day or two.

 

I am assuming that the £75 court fee will then be added to my charges and Cap 1 will pay this also?

 

When the letter from Cap 1 arrives (apparently its in the post!), saying they are not budging on their offer of £138 and their decision is final blah blah blah, do I need to acknowledge it and advise them I am taking them to court or do I just ignore it?

[loobyloo35]

Its three copies to hand in, they stamp one copy and give it back to you or post, one copy to defendant and one copy for court.

 

S.

 

That's great thanks, do I need to submit a covering letter explaining what is going on or will the forms be self-sufficient?

[the_shadow]

 

I am assuming that the £75 court fee will then be added to my charges and Cap 1 will pay this also?

 

When the letter from Cap 1 arrives (apparently its in the post!), saying they are not budging on their offer of £138 and their decision is final blah blah blah, do I need to acknowledge it and advise them I am taking them to court or do I just ignore it?

 

Morning... the £75 pound court fee will be added to the amount they pay you when they cave in

 

You dont need to acknowledge it, if they state in it "this is our final decision and you can now contact FOS" then they have left you no choice have they?

 

If you have put Letter Before Action in the letter then even better.

 

S.

[the_shadow]

That's great thanks, do I need to submit a covering letter explaining what is going on or will the forms be self-sufficient?

 

Form is sufficient, the court gets loads of these in every day.

[Bookworm]

I have a spreadsheet of all the charges, first one going back to March 2005 for £20 and interest of £6.61 at 8% - that is right isnt it?

Don't ask me about the maths, I need sandals to count to 20.

 

But this looks like you're only reclaiming the charges + stat 8%, whereas you can reclaim the charge + interest levied on the charge at whatever APR you're on + 8% on totality of charge + interest.

 

The charge + interest is what you were charged. The 8% is on top to compensate you for not having had use of that money in that time.

 

So (these are not accurate nos, told you I can't count!) for example:

charge: £20.

Total Interest on that charge (rolling from month to month): £5

claim would be £25 + 8% stat interest.

 

Does that make sense?

 

Oh, also forgot: If you still have a balance with them, they will repay the charges to the card, which is fair enough, but you can ask them to refund you the court fees directly to you if you want, although you might just let them pay it all back to the card, it's simpler that way and it will help pay it off quicker.

 

You need to add your court fee to the N1 yourself and include it to your total and yes, Cap1 wil pay that too.

When the letter from Cap 1 arrives (apparently its in the post!), saying they are not budging on their offer of £138 and their decision is final blah blah blah, do I need to acknowledge it and advise them I am taking them to court or do I just ignore it?

You ARE replying... with a court claim, that's your response to their ridiculous offer, lol.

[loobyloo35]

Morning... the £75 pound court fee will be added to the amount they pay you when they cave in

 

You dont need to acknowledge it, if they state in it "this is our final decision and you can now contact FOS" then they have left you no choice have they?

 

If you have put Letter Before Action in the letter then even better.

 

S.

 

 

I am a good girl I have done everything by the book!

 

Do I need to enclose the relevant letters with my claim to show that I have done everything that needed to be done before submitting the claim?

[the_shadow]

I am a good girl I have done everything by the book!

 

Do I need to enclose the relevant letters with my claim to show that I have done everything that needed to be done before submitting the claim?

 

Nope ALL the court needs is the three copies of N1 form and a cheque to cover the fee

 

S.

[the_shadow]

Don't ask me about the maths, I need sandals to count to 20.

 

Likewise, I've just dusted off my abacus:D

 

But this looks like you're only reclaiming the charges + stat 8%, whereas you can reclaim the charge + interest levied on the charge at whatever APR you're on + 8% on totality of charge + interest.

Cant quite get my head round this, I've got a claim brewing where I've worked out the compound interest on each charge so I have

 

Principal amount + apr% but how do I add the 8% is it a lump sum on the amount?

 

S.

[loobyloo35]

Don't ask me about the maths, I need sandals to count to 20. LOL that did make me smile!

 

But this looks like you're only reclaiming the charges + stat 8%, whereas you can reclaim the charge + interest levied on the charge at whatever APR you're on + 8% on totality of charge + interest. Yes you are right I am only doing just that, grrrr don't want to do myself out of pocket now do I!!!

 

The charge + interest is what you were charged. The 8% is on top to compensate you for not having had use of that money in that time.

 

So (these are not accurate nos, told you I can't count!) for example:

charge: £20.

Total Interest on that charge (rolling from month to month): £5

claim would be £25 + 8% stat interest.

 

Does that make sense? NO! Sorry maybe its my turn to be thick now! My card has an APR of 34.9%. Or are you saying its £5 on each charge then 8% interest?

 

Oh, also forgot: If you still have a balance with them, they will repay the charges to the card, which is fair enough, but you can ask them to refund you the court fees directly to you if you want, although you might just let them pay it all back to the card, it's simpler that way and it will help pay it off quicker. I have a balance of £333 and I am clamining just over £1,000 so I assume they will pay the balance and send the remainder to me?

 

You need to add your court fee to the N1 yourself and include it to your total and yes, Cap1 wil pay that too. I have added it in this bit, is this correct.....(1) A declaration that the sums totalling £856.00 have wrongly been applied to the Account

(2) Payment of the said sum of £856.00 and interest of £151.58 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 £151.58, and at the daily rate of [ xx ] until judgment or sooner payment. (4) Court costs of £75.00.

quote]

[Bookworm]

Yes you are right I am only doing just that, grrrr don't want to do myself out of pocket now do I!!!

Well, you are, at 34.9%, that's a huge amount!

NO! Sorry maybe its my turn to be thick now! My card has an APR of 34.9%. Or are you saying its £5 on each charge then 8% interest?

Argh, I knew you were going to ask that! The hypothetical £5 is actually: on the charge, each month they would add 34.9% APR (which works at less as a monthly %, check your statement, it will tell you what the monthly interest % is at the bottom), say it's £20 + 50 pence. Next month, that would be £20.50 + 51 pence, etc etc...

In your case, the totality of your balance is now solely composed of charges + interest on those charges, seeing they owe you more than you owe them. So why should you reclaim only the charges?

THEN, on top of those, you have the 8% stat interest which is set by the courts. the theory is that if you had had the use of that money instead of Cap1 having it, you could have place it into a high interest account (I know, right? ) and therefore it is there to put you back in the position you could have been in had you not been charged int he first place. Phew.

 

I have a balance of £333 and I am clamining just over £1,000 so I assume they will pay the balance and send the remainder to me?

yes.

You need to add your court fee to the N1 yourself and include it to your total and yes, Cap1 wil pay that too. I have added it in this bit, is this correct.....(1) A declaration that the sums totalling £856.00 have wrongly been applied to the Account

(2) Payment of the said sum of £856.00 and interest of £151.58 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 £151.58, and at the daily rate of [ xx ] until judgment or sooner payment. (4) Court costs of £75.00.

 

Yes. You need to change xx to the correct amount though if you haven't done so, and make a total: claim + 8% + court fee = XXX. You can argue the daily rate when they settle.

[Bookworm]

That was mine, btw:

 

http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/139243-bookie-does-capital1.html

 

I'll see if I can dig out my s/sheet to show you what I mean.

[loobyloo35]

Right I am well and truly totally confused now!

 

March 2005 I had a charge of £20.00, if I work out that my APR is 34.9% divide that by 12 to get the monthly APR is that right? So would work out at approx 2.9% then for every FULL month after that charge in March 2005 I would charge 2.9% so say for arguments sake, 2005 (9 months), 06, 07 and 08 (12 months each) and 09 (4 months) totalling 49 months @ 2.9% comes to 142%! So that would mean I was adding £29.80 in interest charges for these months + 8% on top = that's not rightly surely?

[Bookworm]

There you go, hope that helps.

 

[loobyloo35]

That was mine, btw:

 

http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/139243-bookie-does-capital1.html

 

I'll see if I can dig out my s/sheet to show you what I mean.

 

 

That was a quick read lol, not as long as my claim!

 

have you got the workings, be great to see if I can get more dosh out of these bunch of wasters!