Help needed please

[spikeyboy]

Ok have another thread going but no one ever seems to reply in there to questions for help

 

so i thought i would ask in a new thread link to old thread http://www.consumeractiongroup.co.uk/forum/capital-one/13483-spikey-capital-one.html

 

Basically i have been through the usual process - DPA, Prelim, LBA, MCOL

 

The list of charges totalled £896 plus the interest Cap One earnt on those charges of £450 (this was calcualted from Vamps spread sheet)

 

Filled court claim against cap one for total amount of £1,799 split £ 896 fees + £450 interest + £333 8% interest + court fee £120

 

Cap one acknowledged claim stating they intend to defend.

 

 

Have today recieved a letter from Cap one offering settlement of £1,303 split £851 fees + £333 8% interest and £120 court fee.

 

Basically what they have done is taken the first 3 months of charges off stating statute of limitations is for 6 years and taken it from August (date i filed claim - not when i first asked for the month back) and removed the interest incured on the fees as per vamps spreadsheet (this isnt the 8% interest).

 

Question is should i accept this offer or write back saying may thanks your offer which i accept as partial payment however i still require the $450 interest incured on the fees ?

 

I have 7 days to reply to Cap Ones offer and 28 days for the court is 5th September.

 

Would really appreciate some guidance here - i can see the end of the road but dont want to blow it for the sake of an extra £450

 

Also i am right in thinking that i can claim for this interest incured on the charges - from all the threads i have read it states i can, MBNA even calculated it for me and paid it.

 

 

Thanks in advance

[Michael Browne]

1. 6 years is from the date you first contact C1 ie the DPA letter

2. Yes write v. brief letter accepting as partial, claim goes ahead for the rest.

3. 7 days to reply.Or what? More bluff.

4. Course you can claim interest, they're lucky you're not claiming contractual rate of interest.

[spikeyboy]

This is what i intent to send - does it look ok ? do i need to put without predjudice ?

 

Further to your letter dated 22nd August 2006, advising your are prepared to offer a good will payment of £1,303.88 I accept this as partial settle towards the full amount of £1,799.11 but still require the outstanding amount of £495.23 to be refunded to me in full.

The amount being claimed of £1,799.11 is made up of £ 896 in fees, £450.23 of interest incurred as a direct result of the default fees, £332.88 interest under section 69 of county courts act 1984, and £120 court fee.

The list of fees were obtained as a result of the 6 years of statements sent by Capital One following my Data Subject Access request in May 2006. Both the £896 in fees and £450.23 in incurred interest as a direct result of these fees were mentioned and included as an attachment to my letter to Capital One dated 3rd July 2006, which was responded to by Robert Udy on 12th July 2006, and further mentioned in my letter before action dated 17th July 2006.

Yours Sincerely,

 

[livelylad]

that sounds fine, i am just behind you i have recieved a partial payment before i filed my MCOL, keep going fo rthe full amount.

[spikeyboy]

I had previously received a partial payment offer before money claim, the difference between the charges and £12.

 

This time they basically left off the £450 interest incured on the charges - im guessing they handt actually ready my prevuous letter to connect it up with the court claim