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

[ajs444]

I take it that in the original POC that you do not mention that your claim is "Interest in Restitution" @ 24.4% and "S32.1980 Limitation Act".

 

Is this used as an argument when Crap One try to blow your claim out of the water? i.e. when they launch a defence.

[ajs444]

Now allocated to an Ombudsman, Crap One still refusing to supply info, say they don't have data that old, although they supplied me with statements (not showing interest rates) and the original application form.

 

The suggestion by our friendly FOS was the CCA was issued some 14 years ago, why start pursuing them now? My reply was that they are all crooks and recent revelations confirm that e.g. PPI.

 

Silence from the FOS puppet.

[ims21]

Hi

 

Your POC should include references to both i.e. on what grounds you claim interest in restitution and if you are going back further than six years on what basis.

 

When you have drafted your full POC you can post it up here for review.

 

You probably already know that Cap1 can be difficult so good preparation is necessary.

 

You should be doing a lot of reading in the Cap1 forum and in other bank forums about charges reclaims.

 

ims

[ajs444]

Using POC maroondevo mentions above, with slight adjustments in wording, still slightly confused with Compound Interest calculator.

 

Have run it at 24.4%..... Charges £1014. Compound Interest £1948.14. this is going back to January 2002, gives total claim of £2962.14.

 

Is this right seems high?

[ims21]

Hi

 

If you post up the spreadsheet it can be looked at.....Take out personal information first though

[ims21]

Hi

 

If you post up the spreadsheet it can be looked at.....Take out personal information first though

[ajs444]

Can't upload it is a xlsx file, which isn't supported.

[ims21]

You can either save it as an Excel 2003-2007 file which will make it an xls file or print it as a PDF file an upload the PDF

 

ims

[ajs444]

Here they are

[ajs444]

Better size hopefully.

 

 

 

 

Capcomp2.pdf

[ims21]

looks ok to me

[ajs444]

Cheers ims, the POC on Scottish procedure thread looks pretty basic, whilst the one on English court POC is more like War & Peace and seems to cover all bases.

 

Would it be OK to use the latter?

[ims21]

Are you going to use MCOL or the Sheriff Court in Scotland?

 

Don't forget, split claims should not be considered

[ajs444]

Used MCOL some years ago and was very easy to use, going through Sherriff Court this time Small Claims, I take it I should refer to Statute of Limitations and Interest in Restitution in the main body of the Claim, giving reference to the relevant cases?

 

Or should they be mentioned in Section 4 of the Claim?

[maroondevo52]

As the small claims limit is £3,000 how do you intend trying to claim in excess of £6,000.

[ajs444]

Claim is just below £3000 see interest spreadsheet above on Post 24.

 

Thought you would be away to Semi's.

[maroondevo52]

If it's under £3,000 that's sound.

 

Gave up my season ticket a few years ago, toiled to get a ticket !!! No on the telly

[seriously fed up]

all the best when you get them to court AJS

[ajs444]

Maroondevo, great result, good day out at Hampden coming up for you.

[maroondevo52]

Yes, superb might have a fight for a ticket, hopefully you'll get a good result also

[seriously fed up]

Problem is AJS that for whichever team loses, its going to be a long summer for their supporters. Edinburgh's not that big a place!

Definitely hero or zero.

[ajs444]

Hopefully it'll be a long summer for the Hibbies with them looking forward to the First Division, but then again there is only one club heading for liquidation.

[seriously fed up]

what pity the Scots language never embraced Schadenfreude:razz:

[ajs444]

Have bitten the bullet, issue of Small Claims tomorrow through Scottish Courts.

[ajs444]

Well after a couple of administrative mistakes on my part, Court Papers issued, hearing late September.