Me v's Capital One :o)

[Stopthethieves]

Can you claim s69 interest on money you don't actually have? (I assume not)

 

i.e. you owe £1000 and are claiming £500 incl int, you can't get the interest on the £500 you are claiming?

 

I ask cos jd said he was repaying at £50 a month and so might actually owe them money? Needs clarification

 

Regards

[jdonaldson]

Maybe been posted before but they have reduced the over the limit charge to £12 - jsut noticed on my statement...

[jdonaldson]

Got my reply from my LBA - says that the last offer was a final one.

 

in response to my query about why are they refunding some customers and not others, it quotes " please be assured we don't discriminate between xustomers, and we deal with each letter we recieve fairly"

 

It says in the letter also

 

"you've mentioned that you intend to commence court procedings. Financial regulations require me to advise you that this is my final response in relation to this matter. However you do have the option to contact the financial ombusbsman service within 6 months from the date of this letter"

 

So I guess I start the court proces now?

[Tinkerbelle]

You certainly do

[jdonaldson]

lol...just got really confused there, but see someone has got organised for me and put all my posts together in one thread about capital one - yes way more logical

 

Had a read for the Northern Ireland courts stuff, only problem is I don't ahve a credit or debit card to pay online, but assuming you must be able to go to the courts and do this too...

 

Moving hosue on sat so will wait until after that and get it all sorted

[jdonaldson]

I think I might have siad this before - but a warning for anyone who is trying to get phone calls stopped from them, if they remove your number off the system, or you have never given them your phone number, be warned that if you phone them, their system autimatically stores that number and will use it to ring you back when they fancy.

 

I assume doing the 141 before calling them would work thoguh

[Stopthethieves]

I ALWAYS do 1471 anyway...not going to chance it.....

 

Just got a letter back from Cap One telling me they are taking the debt back, I wonder why!!!

 

My debt is ALL charges and they owe me!!!

 

Regards

[jdonaldson]

Just about to start my small claims form http://www.courtsni.gov.uk/NR/rdonlyres/455D2037-537B-46FC-B852-B78716658EB8/0/p_ucs_smallclaimnewapplication.pdf it is a bit different as it is a Northern Ireland one.

 

Has anyone done one of these before as I could use some help!

 

I am not sure if I just put in the particulars of claim bit from the library into the box asking for the 'simple terms of claim' and also after filling in the interest spread sheet I have 4 figures :s

 

One for the amount of charges, the 8% on penalties, interest on penalties and 8% interest on penalties - they are asking on the form for the claim amount and then interest. The claim amount is jsut for the charges and then the interest is all the other 3 added up? Is that right?

 

Very nervous about doing this wrong!

[jdonaldson]

Answering my own questions again here

 

But I now get the interest figures bit...

 

Still want to know about the info for the claim form - think I am jsut going to put in this front the library

 

1. The Claimant has an account XXXXXXXXX with the Defendant, opened February 2004

 

2. Since 10/03/04 the Defendant debited charges and interest in respect of purported breaches of contract.

 

3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent.

 

4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law.

 

5. Claimant claims:

(a) return of the amounts debited of £384.00;

(b) Interest per S.69 County Courts Act 1984 of 8% - £27.33 continuing at 8% until judgment or settlement at a daily rate of £0.09;

 

6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982.

 

7. Costs allowed by the Court.

 

In the NI form they don't ask for any particulars so I am guessing that is it for now and then they contact you asking for more? :s Also no where to attached the schedule of charges, will put a copy of it it with it anyway I guess!

[jdonaldson]

Going to submit court papers tomorrow

 

Just got £600 back from nationwide!

 

Anyone rought idea if capital one are being quick with returning fees once papers are served? Wondering if I will see the money before Christmas!

[deadsquirrel]

Anyone rought idea if capital one are being quick with returning fees once papers are served? Wondering if I will see the money before Christmas!

 

2-3 weeks from submitting the N1 for me from Capital One.

[jdonaldson]

Well it has taken me until now to finally get round to submitting my papers to Capital One. So hopefully I will ahve this one done and cleared int he next couple of weeks!

[jdonaldson]

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