Capital One Charges, made me an offer after issuing claim - should I accept? / **WON**

[zingy]

Okay, so I submitted a court claim for charges and interest earlier this month against Cap One (see POCs attached) - asking for contractual interest and statutory.

 

Today, I received a letter from Cap One (see below) saying they have credited my account with the charges, statutory interest, court fee and DPA fee. And, they have sent the extra £10ish by cheque (so very good of them:rolleyes:).

 

I would be inclined to accept this, as it clears the debt etc, but they registered a default against me in Jan last year (even though I continued paying the same amount from 2006, every month without fail - and the default notice is dodgy too) - I didn't include this on the POC though:|.

My strategy was to get the money from the claim and then offer an F&F to get the default removed.

 

Just wondering if anyone has advice for me in this situation (my main aim is to remove the default as I have a lot of others but they will drop off in 2012 and I don't want to wait for another 5 years to fix my credit report - it's been a long slog already).

 

Also, if this thread needs to be in the legal forum can someone transfer it.

POCs - Cap One.pdf

Cap One Refund Letter.pdf

[dx100uk]

so you calculated the purchase int on the unlawful fees wrong on you spreadsheet?

 

i do not agree with the statement they have made whereby they can off-set the full outstanding balance.they can only off-set ARREARS, unless you want it done that way?

 

dx

[zingy]

so you calculated the purchase int on the unlawful fees wrong on you spreadsheet?

 

i do not agree with the statement they have made whereby they can off-set the full outstanding balance.they can only off-set ARREARS, unless you want it done that way?

 

dx

No, pretty sure I calculated everything correctly on my spreadsheet (the purchase interest that they say has been ever charged is wrong - I have original statements that total around £300 of 'purchase interest', and statements they sent that have a bit more on (around £1100), so think they're telling porkies here).

Also, I calculated it the same way as others have been, and my 2 Barclaycard ones paid out about £1 or £2 difference from my calculations - so I am sure it isn't me making the mistakes.

 

Personally, I don't want it to be off-set - and the default notice they sent last year included the full balance as the default amount, so I think that's why they have done it (see below).

 

Would you suggest sending them a letter rejecting the offer and progress the claim, or ask them how they have come to their conclusions and send them a copy of statements I have highlighting purchase interest charged?

CapitalOneDefaultnotice.pdf

Edited May 28, 2010 by zingy

[dx100uk]

cc ppi is a complex animal.

 

pcm PPI + purchase int should deducted from the outstanding bal but you should get the 8% stat int to your pocket by minus any arrears.

 

i think that correct.

[zingy]

cc ppi is a complex animal.

 

pcm PPI + purchase int should deducted from the outstanding bal but you should get the 8% stat int to your pocket by minus any arrears.

 

i think that correct.

It isn't PPI, it's unlawful charges: late payment and overlimit etc

[dx100uk]

ok sorry ppi is my fav subject, didn't look at the thread box again b4 posting.

 

.........all back to your pocket then minus any arrears ONLY via set-off rules. cheeky buggers.

 

dx

[zingy]

ok sorry ppi is my fav subject, didn't look at the thread box again b4 posting.

 

.........all back to your pocket then minus any arrears ONLY via set-off rules. cheeky buggers.

 

dx

 

Thanks, dx.

 

 

So, would you suggest a rejection letter of some sort then?

[dx100uk]

right reading their letter properly.

 

they 'want' to use the figure to payoff your outstanding bal.

not they are using the off-set rule to force it.

 

write back and say no thankyou.

 

i will see you in court.

 

or give me the full amount i asked for in my pocket please

 

looks like they are putting up at smokescreen to confuse you.

[zingy]

Thanks, dx. I thought it might be the case.

 

I've attached a letter I have drafted. Not sure if the last paragraph should be removed though. Could you take a look?

Edited May 28, 2010 by zingy

[dx100uk]

i wish to make it perfectly clear that i do not accept your offer.

 

The monies you have already paid into my Capital One Account in assumption that i will accept your decision, without prior consultation, should be removed forthwith.

 

I would also like to make it perfectly clear that my claim should be met by personal cheque in my name, not to my account with you under some juggling of the set-off rule. There are NO ARREARS on the account. You may only set-off where arrears exist.

 

this is my money you have unlawfully charged me, I wish to be allowed to distribute it fairly around my other creditors & not exclusively for your own gain.

 

 

 

 

 

dx

Edited May 28, 2010 by dx100uk
edit

[zingy]

Thanks, dx

[zingy]

Dx, I have incorporated your points and changed the letter around to read:

 

 

 

letter removed

 

Do you think it reads okay?

Edited May 29, 2010 by zingy

[dx100uk]

dx

[zingy]

Okay, I've just returned from a week away and it seems Capital One want to continue with the claim. I have received a second cheque for the £10.xx as well as a copy of their defence (which looks as though it's been copied from the letter in post #1) and their allocation questionnaire (which they forwarded to me) - these are both in a pdf below.

 

I have re-checked the total purchase/contractual interest charged on the account since it was open (from the DSAR info) and this totals just short of £1,110 - with a number of original statements to back this information up. I believe they are confused on this and confused why they are quoting such a low amount.

 

I need to complete my AQ by Friday, so have a bit of time, but want to get it sent off over the next few days. Pretty sure I need to put something in to argue against their defence and info put in their AQ, but not sure how to word it.

 

Any help would be appreciated.

Cap One Defence and AQ.pdf

[ukaviator]

He Zingy

 

I have tangled with this lot before on a few occasions. Most people are offered the purchase rate of interest charged and eventually accept it. Is there a default on this account?

[zingy]

He Zingy

 

I have tangled with this lot before on a few occasions. Most people are offered the purchase rate of interest charged and eventually accept it. Is there a default on this account?

Thanks, ukaviator.

 

Yes, and I've posted up a copy of the default notice in post #3. The thing is their statement about total purchase interest charged on the account is wrong and I can prove it. Just wondering how I would word this (if I do) in the AQ.

[silverfox1961]

Hi, got your PM.

 

In most cases I have seen, Cap1 usually settle before you reach the courtroom doors. I can't remember any case where they have filed a defence.

So long as you are absolutely sure of your figures, I think they may back down. I am not that good with court cases as I have never got that far in my dealings. As I see it, Cap1 don't want to justify their charges in a court.

 

In the end it's your choice which way to go.

[zingy]

Thanks, Silverfox.

 

I know my figures are correct as there are other CCCs which have paid up and my figure and theirs have been a couple of pence out. The strange this is why they have stated a really low amount of 'purchase interest ever applied to the account' when this clearly isn't the case.

 

Guess I'll be filling in the AQ and wait for them to contact me before the hearing.

[Bigdebtor]

Take it to the wire! I'm sure you'll win - and probably just before any court hearing.

 

Good luck!

 

BD

[zingy]

Take it to the wire! I'm sure you'll win - and probably just before any court hearing.

 

Good luck!

 

BD

Thanks, Bigdebtor.

 

Just wondering if anyone can help with section G on the AQ. I have looked at the following:

 

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/125-allocation-questionnaires-a-guide-to-completion-

 

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

 

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires-62.html

 

 

Is the second (2) link pretty much what still should be done for CC cases, with a bit of adaptation, and then submitted?

 

I just want to make sure that this information is still up-to-date for completing the Allocation Questionnaire (with draft directions etc).

 

They've annoyed me now and I want to go all the way (they keep sending me cheques for the £10.xx over the amount outstanding on the account (or so they imply after their paltry refund) and I'm getting a bit annoyed with returning them ).

Edited June 24, 2010 by zingy

[citizenB]

Zingy, is this the one you need help with ?

[citizenB]

Okay, I've just returned from a week away and it seems Capital One want to continue with the claim. I have received a second cheque for the £10.xx as well as a copy of their defence (which looks as though it's been copied from the letter in post #1) and their allocation questionnaire (which they forwarded to me) - these are both in a pdf below.

 

I have re-checked the total purchase/contractual interest charged on the account since it was open (from the DSAR info) and this totals just short of £1,110 - with a number of original statements to back this information up. I believe they are confused on this and confused why they are quoting such a low amount.

 

I need to complete my AQ by Friday, so have a bit of time, but want to get it sent off over the next few days. Pretty sure I need to put something in to argue against their defence and info put in their AQ, but not sure how to word it.

 

Any help would be appreciated.

 

Attached FilesCap One Defence and AQ.pdf (502.5 KB, 7 views)

 

 

 

Section G is where you add any other information that will be of assistance to the court. The OFT decision states that although companies have brought their charges down to £12.00. It doesnt mean to say they are fair and it will be for them to prove in court that they are.

 

TBH, I am not very good with AQs.. so I will try and find some help for you. You need to submit this by tomorrow, dont you ?

 

I wonder if it would also be worth putting in a rebuttal witness statement in respect of their defence ?

[zingy]

Section G is where you add any other information that will be of assistance to the court. The OFT decision states that although companies have brought their charges down to £12.00. It doesnt mean to say they are fair and it will be for them to prove in court that they are.

 

TBH, I am not very good with AQs.. so I will try and find some help for you. You need to submit this by tomorrow, dont you ?

 

I wonder if it would also be worth putting in a rebuttal witness statement in respect of their defence ?

 

I was thinking the same thing in reference to their defence, but unsure how to go about doing that. And yes, I need to submit it by tomorrow.

[42man]

Zingy check these out they may well help you...

 

N149 with draft orders - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/159341-court-papers-received-what-6.html

 

N149 and N150's - http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

[zingy]

Zingy check these out they may well help you...

 

N149 with draft orders - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/159341-court-papers-received-what-6.html

 

N149 and N150's - http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

Thanks, 42 man.

 

I've had a read through those threads and I think they're more geared towards me being the defendant - whereas, I'm the claimant looking to claim back all credit card charges and contractual interest.

Hence, why I thought http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html would be good to follow with a few adaptations, but also something to rebutt their defence.