ajs444 v Cap. one ** WON - They Cave In Just Before The Hearing **

[ajs444]

The initial 6 years would come under small claims and the remainder would also come under small claims, would I be allowed to split the claim and raise 2 seperate cases?

[ims21]

Don't see why not but yu need to be careful if/when they settle the first claim. They will probably require you to agree that this is in full and final settlement of any claim yo have against them which, if not handled correctly, could make it tricky to get the other part of the claim going.

 

Others will no doubt have a view on this.

 

Regards

 

ims

[maroondevo52]

would I be allowed to split the claim and raise 2 seperate cases?

 

I did this with HBOS a few years ago with success, then the courts started to throw out multiple claims on the same account and called it something like 'abuse of process' not sure what the score is now.

[bluedogx]

Hi

 

The sheriffs in our area don't like claims being split. This might not happen everywhere if course. Maybe you could limit your claim ?

 

B

[ajs444]

Only need to loose one charge to bring it below £6000, this includes interest claimed in restitution @29.9%.

I presume that would be OK as I am making the claim, but if awarded the extra 8% statutory interest , am I fooked again?

[ims21]

Only need to loose one charge to bring it below £6000, this includes interest claimed in restitution @29.9%.

I presume that would be OK as I am making the claim, but if awarded the extra 8% statutory interest , am I fooked again?

 

Hi

 

Small claims limit is £5k isn't it?

 

What happens to the figs if you use a different nominal rate of 24.9%?

 

Regards

 

ims

[ajs444]

Small claims in Scotland...........£3000

 

Small claims in England............£5000

 

Went through English procedure before when claiming against HSBC, only proviso at that time was you had to have an English address as your contact, in my case I used my sister's address as she lived in Yorkshire.

 

I understand that the need for an English address has now been dropped.

[ajs444]

Just got my monthly statement from these jokers and on the front they claim that their interest rate is based on the BOE rate, so therefore they charge 31.9% on purchases.

 

Anyone brought them to task regarding this totally one sided agreement, i.e. Rate goes up but never comes down?

[ajs444]

Still thinking about this claim, have claimed interest in restitution at 29.9% but see they charge 31.9%, that is from statement I received today.

 

I could go through small claims in Scotland £300 limit or through English system for £5000.

 

Once again the only thing stopping me would be 5 year limit in Scotland and 6 years in England, still_survivings case still grates on my mind.

[rebel11]

Hi aj

 

http://www.legislation.gov.uk/uksi/1999/2083/contents/made

[maroondevo52]

Every claim I had was in Scotland and got 6 years for them all.

[ajs444]

Just drafted letter to Crap One after looking at my agreement/statements.

 

Card was issued in 1997 at 7.9% APR and has now gone to an eye watering 31.95% APR, that is just horrendous.

 

Will wait their reply with baited breath.

[ajs444]

I should have said Scottish limit is £3000.

 

On reducing my claim it takes it down to December 2003, this plus 8% statutory interest could be the way to go.

[ajs444]

Letter back from Crapone today, prepared to offer £580 in default sums, (which is correct for going back 6 years) but only giving interest of £324.95. total £904.95.

 

They have hit me with further charges of £36.00 since the complaint went in, on the figure of £580. the interest is neither in restitution 29.9%= £795.77 nor their headline rate 31.95%= £873.97

 

Anyone know what rate they are going at ? I have asked them for a breakdown of interest charges on my account since its inception as I feel they are breaching UTCCR.

[ims21]

Hi

 

Interest in restitution would have to be fought for in court so it won't be that.

 

Their headline rate of 31% odd is perhaps not the rate that was applied to your account at the time. Maybe they have used the contractual rate in force at the time.

 

They may have used 8% simple.

 

And, of course you still have to claim the latest £36 as well.

 

Did their letter of offer not contain any narrative about the interest?

 

Regards

 

ims

[Old Cogger]

They have in the past paid out @ 28.8% or 26.60% I have noticed, that case is not a High Court Judgement therefore I would say every case is different, they will try to say different, others I am sure will comment as well?

[ajs444]

8% is £155.86 and it is neither 26.6 nor 28.8.

 

They say this is their final response and it is take it or leave it.

[ims21]

8% is £155.86 and it is neither 26.6 nor 28.8.

 

They say this is their final response and it is take it or leave it.

 

Or rather take it or sue for what you believe is correct!

 

ims

[Old Cogger]

8% is £155.86 and it is neither 26.6 nor 28.8.

 

They say this is their final response and it is take it or leave it.

 

The post Does not say it is that % rate - it has been said before they have paid out on those %!s, if you want help or comment read the post pls .

[ajs444]

Excuse me?

[ajs444]

I am waitng for a breakdown of charges and dates of application from a letter linked to my other thread, Unfair Contracts.

[workaholic duck]

Please fight for every last penny from this organisation. They are disorganised, hire incompetent staff and can only read from a script. It will take a lot of time but make them explain their maths. Don't be fooled, just go for the maximum and court if necessary. Keep pushing for your higher figure and perhaps you'll meet slightly lower but certainly more than the measly interest they have offered you now.

I am just going down the same road, so I will be following your example!

[ajs444]

Well after reminding them about letter, reply from them is on its way, should be interesting.

 

Anyone know where I can get chart showing BOE rates over last 14 years?

[rebel11]

Hi aj

 

Spreadsheet at the bottom, it's not from 1694:!:

 

http://www.bankofengland.co.uk/monetarypolicy/decisions.htm

[ajs444]

Cheers for that Rebel, I take it that BOE base rate has had various titles since it was first implemented.

 

I can see that it has never reached double figures since 1997 and has never been as high as 7.9%, which was the rate when the card was issued.

 

I know their rate will shadow the BOE rate IE when it goes up CRAPONE goes up, so their rate should go down in October 98 and continue falling till June 1999.

 

I somehow doubt that will be the case.