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angel1977

Angel1977 v Cap 1

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Hi Everyone, i Hope someone can advise me with cap 1,

Opened the account on 06/01/06 and had all my statements todate

Following advice and templates from mse i have done this

Sent 1st letter saying fees are unfair, i'd like my money back please and a schedule of fees

delivered 13/02/09

Sent 2nd letter in saying i have not had a satisfactory reply now threatening court action and a full schedule of fees , delivered 12/02/09 on that day got a crappy reply, they think their fees are fair and so on then offers me£24 as full and final.

Sent letter saying i'll take the £24 as part payment only but still want the rest, delivered 13/02/09.

When it comes to the court stage CAG is recomended which is why i have not done a cca or a dpa, do i need to do these before going to court?

And if i dont need them them i dont know what to leave out or in on the pocs

And since feb i have incured more fees so i will be asking for more than i was in my last letter to them.

Just to make matters worse i'm in the exact same boat with littlewoods direct but they have put defaults on my credit file nearly every month( which i would like to get removed at court) and is in the hand of moorcroft which i have sent a cca to them today, i think they are littlewoods in house dca so if littlewoods have a cca from me, then moorcroft should have no probs finding it!

It seems i've helped myself as much as i can and now i need someone to help me:confused:

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Just giving you a bump.

 

From my (limited) experience, Cap1 will settle before it gets into the court room but you have to serve papers on them first.

 

Have you sent the letter before action?

 

fox


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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi, yes i have sent the letters to both saying fees unfair and i want them back and the lba aswell, with both cap 1 and littlewoods i'm just trying to settle the balance which the unfair fees would cover with a few pounds over

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One quick question, i'm about to print of the cap 1 poc but have noticed one above it, its a new updated poc for 24th june, can i use the cap1 poc only or do i need to slot in bits from the updated 24th june one

Thanks

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Hi All, i have a question i am about to file my claim with the court, i have a cca which says my apr is 29.9 apr is this the rate i use for claiming back the interest they applied to me. I know i will get the normal 8% thgrough the court

Many thanks

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Hi Angel.

 

You can claim back all the charges they have taken from you plus interest at the rate that they have applied to you account: in your case, 29.9%. This interest is also an unlawful charge, if you follow me.

 

In addition, when you issue your claim at the County Court you can ALSO claim 8% under sec. 69 of the County Court Act.

 

Once you have issued your claim, Cap 1 will say they intend to defend. In fact they won't and they will settle with you.

 

Good luck.

 

T. :cool:

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Hi All, i was wondering if someone can take a look at this to make sure i have done it right.

STATEMENT DATEDETAIL OF PENALTYPENALTY CHARGEDCUMULATIVE PENALTIES CHARGEDINTEREST CHARGEDSTATEMENT BALANCEAMOUNT PAID (see notes)REMAINING BALANCEPENALTIES CHARGEABLE TO INTERESTINTEREST ON PENALTIESTOTALS:230.00 Estimate of previous charges included in unpaid balance brought forward:0.0028/01/2006LATE PAYMENT FEE10.0010.005.49211.1730.00181.1710.000.30FALSE0.3011/03/2006 0.0010.004.00257.22100.00157.2210.000.25FALSE0.2512/04/2006 0.0010.003.71221.0370.00151.0310.000.25FALSE0.2512/05/2006 0.0010.002.85221.23148.0073.2310.000.39FALSE0.3912/06/2006OVER LIMIT FEE20.0030.004.06230.7427.00203.7430.000.60FALSE0.6012/07/2006OVER LIMIT FEE20.0050.003.96253.70141.00112.7050.001.76FALSE1.7612/08/2006 0.0050.000.00154.82150.004.824.820.00FALSE0.0012/09/2006 0.0050.000.00139.2250.0089.224.820.00FALSE0.0012/10/2006 0.0050.000.16239.23150.0089.234.820.01FALSE0.0111/11/2006 0.0050.000.63320.35150.00170.354.820.02FALSE0.0212/12/2006 0.0050.003.77174.128.51165.614.820.11FALSE0.1112/01/2007 0.0050.004.40211.0710.00201.074.820.11FALSE0.1112/02/2007OVER LIMIT FEE12.0062.003.73297.28100.00197.28 0.00FALSE0.0012/03/2007 0.0062.004.38201.6610.00191.66 0.00FALSE0.0012/04/2007 0.0062.004.23203.9710.00193.97 0.00FALSE0.0012/05/2007 0.0062.004.32198.2910.00188.29 0.00FALSE0.0012/06/2007LATE PAYMENT FEE12.0074.004.74205.030.00205.03 0.00FALSE0.0012/07/2007 0.0074.004.74236.7734.68202.09 0.00FALSE0.0011/08/2007OVER LIMIT FEE12.0086.005.68224.8812.18212.70 0.00FALSE0.0012/09/2007 0.0086.002.41310.93200.00110.93 0.00FALSE0.0012/10/2007LATE & OVER LIMIT FEE24.00110.005.62243.030.00243.03 0.00FALSE0.0012/11/20070VER & OVER LIMIT FEE24.00134.006.12273.150.00273.15 0.00FALSE0.0012/12/2007OVER LIMIT FEE12.00146.006.25308.98104.46204.52 0.00FALSE0.0012/01/2008OVER LIMIT FEE12.00158.005.26221.7814.74207.04 0.00FALSE0.0013/02/2008LATE & OVER LIMIT FEE24.00182.005.15236.190.00236.19 0.00FALSE0.0013/03/2008 0.00182.005.53241.7236.19205.53 0.00FALSE0.0013/04/2008 0.00182.004.56210.0915.81194.28 0.00FALSE0.0010/05/2008 0.00182.004.92199.209.71189.49 0.00FALSE0.0010/06/2008 0.00182.004.65194.149.47184.67 0.00FALSE0.0010/07/2008 0.00182.004.68189.359.23180.12 0.00FALSE0.0010/08/2008 0.00182.004.56184.689.01175.67 0.00FALSE0.0010/09/2008 0.00182.004.46190.658.78181.87 0.00FALSE0.0010/10/2008 0.00182.005.08213.549.09204.45 0.00FALSE0.0010/11/2008 0.00182.004.99209.4414.77194.67 0.00FALSE0.0010/12/2008 0.00182.004.94199.619.73189.88 0.00FALSE0.0010/01/2009 0.00182.004.83194.719.49185.22 0.00FALSE0.0010/02/2009 0.00182.004.58206.909.26197.64 0.00FALSE0.0010/03/2009 0.00182.005.03208.889.88199.00 0.00FALSE0.0010/04/2009LATE & OVER LIMIT FEE24.00206.004.96237.919.95227.96 0.00FALSE0.0005/05/2009LATE & OVER LIMIT FEE24.00230.005.25257.210.00257.21 0.00FALSE0.00

28/01/2006LATE PAYMENT FEE10.002.760.300.0811/03/200600/01/19000.000.000.250.0712/04/200600/01/19000.000.000.250.0612/05/200600/01/19000.000.000.390.1012/06/2006OVER LIMIT FEE20.004.920.600.1512/07/2006OVER LIMIT FEE20.004.791.760.4212/08/200600/01/19000.000.000.000.0012/09/200600/01/19000.000.000.000.0012/10/200600/01/19000.000.000.010.0011/11/200600/01/19000.000.000.020.0012/12/200600/01/19000.000.000.110.0212/01/200700/01/19000.000.000.110.0212/02/2007OVER LIMIT FEE12.002.310.000.0012/03/200700/01/19000.000.000.000.0012/04/200700/01/19000.000.000.000.0012/05/200700/01/19000.000.000.000.0012/06/2007LATE PAYMENT FEE12.001.990.000.0012/07/200700/01/19000.000.000.000.0011/08/2007OVER LIMIT FEE12.001.840.000.0012/09/200700/01/19000.000.000.000.0012/10/2007LATE & OVER LIMIT FEE24.003.350.000.0012/11/20070VER & OVER LIMIT FEE24.003.180.000.0012/12/2007OVER LIMIT FEE12.001.510.000.0012/01/2008OVER LIMIT FEE12.001.430.000.0013/02/2008LATE & OVER LIMIT FEE24.002.690.000.0013/03/200800/01/19000.000.000.000.0013/04/200800/01/19000.000.000.000.0010/05/200800/01/19000.000.000.000.0010/06/200800/01/19000.000.000.000.0010/07/200800/01/19000.000.000.000.0010/08/200800/01/19000.000.000.000.0010/09/200800/01/19000.000.000.000.0010/10/200800/01/19000.000.000.000.0010/11/200800/01/19000.000.000.000.0010/12/200800/01/19000.000.000.000.0010/01/200900/01/19000.000.000.000.0010/02/200900/01/19000.000.000.000.0010/03/200900/01/19000.000.000.000.0010/04/2009LATE & OVER LIMIT FEE24.000.470.000.0005/05/2009LATE & OVER LIMIT FEE24.000.340.000.00i'm not sure about the 29.9% cap 1 are charging me, i thought when i put in the interest debited it would work it out but i amnot sure now.

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oh dear will try again when i work out how to do it !!!

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In the mean time can some say if this looks right, i'm using the complex calcs for cc.

I have put in all my charges and it comes up like this Account opended 01/06 at 29.9 apr

Penalty charges £230. this is right

8% interest £36.64

Interest on penalties £3.79

8% interest on penalties £0.93 ( i'm not claiming this )

Am i supposed to put 29.9% in the sheet somewhere or does the sheet work it out from the intrerest debited amount e.g £5.46 row g page 1

This is proving very hard for me to work out:confused::confused::confused:

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