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

[citizenB]

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.

 

42 man has popped up some additional links for you as regards to completing the AQ.

 

In respect of a supplemental witness statement. All you would need to do is go through THEIR defence point by point.

 

Where you have evidence contradicting their statements then you should just say..

 

In respect of the Defendant's point ? They claim their contractural interest is such n such, where the Claimant has in their possession, proof that it was even more such n such

 

For the minute, I would just get your AQ completed and submitted. You can submit the rebuttal witness statement up to 7 days prior to the hearing. So you have a few days in hand for that part.

 

HTH

[citizenB]

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.

 

 

Zingy, that would be fine to make amendments to that link to suit your situation.

 

As I mention in the previous post you can either put in a supplementary rebuttal witness statement up to 7 days prior to the hearing or indeed include something in the Section G part of the AQ.

[zingy]

Zingy, that would be fine to make amendments to that link to suit your situation.

 

As I mention in the previous post you can either put in a supplementary rebuttal witness statement up to 7 days prior to the hearing or indeed include something in the Section G part of the AQ.

Thanks, CB.

 

I think I will add something in section G with regards to their defence etc, and will include the draft directions to suit my case.

 

I will let you know how it goes.

 

Thank you to all.

[Bigdebtor]

Any progress?

 

BD

[zingy]

Hi BG, just updating today - had a couple of deaths in the family and been working away for a while (hence, not been totally concerned with my pending court cases).

 

Anyway - Capital One are still concentrating on the fact that they will only pay statutory interest on the charges etc, and that my interest calculations are wrong - but, I have 10 original copies of statements dated from 2005 which clearly shows the monthly interest rate I have calculated by - only forgot to include them earlier so hopefully will be able to show the judge on Monday when I'm in court.

 

The other thing is - what would be my legal arguments on case law (or past county court cases, etc) where contractual interest should be refunded; and what would be the technical term for them depriving me of the money. I have good info from other credit cards who have paid out contractual interest (and so might help to sway the judge's opinion if he/she isn't for having it) - although, I'm not sure of the legalities of producing this in court (but can I refer to it?).

 

Also, Capital One sent me the difference (in their calculations and the outstanding debt on the account) in the form of a cheque on Thursday, which I sent back the next day - hoepfully, this means they are thinking of not showing up (but, who knows!).

 

Any advice would be appreciated.

Edited October 11, 2010 by steven4064
attachment removed at request of poster

[citizenB]

Hi zingy, if you can produce statements that show that the interest you have claimed IS correct then that rebuts part of their WS.

 

I see no reason why you wont be allowed to produce them.

 

I have no idea how you would argue for why you should be allowed contracturarl interest. I will alert the site team to your query and see if anyone has any ideas for you.

[Old Cogger]

They usually do not turn up , but send cheque for claim @ the last minute it has been said. ?

[zingy]

Hey Mike, yes they did this on Thursday - but the cheque only covered the statutory interest and not the contractual interest. I've been battling with them for months now, so wasn't going to accept the lower offer tbh.

 

If they do show up then I'm ready for any arguments they may have, but if they don't then I'll be requesting judgment.

[Old Cogger]

Well if it is only stat interest what are you going to do/act quick, should be compound interest & stat interest as lodged court papers? others probably further advise. Good luck but go for full repayment as you say.

[Old Cogger]

A hell of difference between 8% & say 26.9% by any calculation that is the usual purchase interest rate, they do try, even OMB cannot see cap one figure hardly ever add up correctly. Also compound + Stat interest even better, to incl all cost by you?

[zingy]

Indeed, lets just see what happens tomorrow - just getting all of my bundles ready for them and the Judge - as well as my wasted costs order if they don't turn up.

[Bigdebtor]

Goo dluck Zingy.

 

I bet they don't turn up - they might claim they have requested a postponement - which "went astray". Be prepared for any dirty trick.

 

BD

[zingy]

Thanks, BD. We'll see if they'll show up. I'm betting that they won't, but I'll be prepared anyway - let's hope I get an okay DJ too:wink:.

 

 

Zingy.

[citizenB]

Oh, is it today ? Good luck, zingy

[Old Cogger]

good luck ziggy!

[zingy]

Well, a Barrister turned up at Court for Capital One.

 

However, when we got into the Judge's Chambers, the Judge adjuorned the case as he hadn't had time to read through everything (too much information to read through apparently, for a back-to-back hearing) - said a new hearing would probably be scheduled for the New Year as it would require a full afternoon.

 

He was quite abrupt with the Barrister too - highlighting the fact that Capital One's defence was to totally refute the charges but the witness statement said they paid the charges but not the contractual interest, etc - a major discrepancy that they 'would be advised to change'. The Barrister didn't really know what to say tbh and said that she would need to speak to her client (lol). She was quite pleasant but I think she was under the impression that it would be an easy win for her (needless to say I had my arguments ready anyhow, lol).

 

Also, when the Barrister said about 'reserved costs' the Judge said that he 'presumed' I would want this also (for me), to which I agreed ;-) So, here's hoping the Barrister goes back to Capital One and says 'pay up'. And if not, she has a cute bum so it'll be a bonus to see her again ;-)

 

Let's wait and see.

[Old Cogger]

getting a bit BEHIND times Ziggy? hope they use their common sense now?

[citizenB]

What a nuisance this has not been done and dusted, zingy. Sounds like it was a good result nontheless. In answer to an earlier question in respect of contractual interest. One of the site team posted this for me.. but I was a bit late in picking it up.

 

THe word the OP is looking for is

restitution

The case law is Sempra Metals v Inland Revenue

 

HTH

[zingy]

Thanks, CB. I was going with 'undue enrichment' but I will have a look at that case.

 

A couple of weeks before the hearing I will be sure to ask that I have the correct information and ensure everything is watertight for the hearing - but, I'm also hoping that they pay up before then.

[zingy]

Well, got the order from the DJ through. New hearing to take place in January .

 

Wished it was sooner, but you can't have everything. I was thinking about writing to Capital One, asking if they would settle the claim as they have no hope in winning, more costs, etc, etc (but NOT containing without prejudice) - just not sure if this will encourage them to stop wasting my time?

[Bigdebtor]

Zingy

 

Don't leave it too late - get all your advice gathered well before Christmas!

 

Many of us will only have limited time to get online with all the family around - new toys to be assembled and complex instructions to be explained by 4 year olds etc.

 

BD

[zingy]

Zingy

 

Don't leave it too late - get all your advice gathered well before Christmas!

 

Many of us will only have limited time to get online with all the family around - new toys to be assembled and complex instructions to be explained by 4 year olds etc.

 

BD

I was going to take a bit of time off and leave it to the second week in December, BD. I'm pretty confident of my arguments etc, just want to see if there's any similar cases with Capital One in the past (would add more weight, etc) and be sure I'm 100% on the ball.

 

Also, what do you think about me writing to Capital One suggesting they settle - re: costs and contradications with their defence/WS that the Judge highlited to the defence barrister? I will go to court, but if I do, I want to be able to show the judge that I have asked them to settle and have been reasonable (especially when I hit them with my Bill of Costs).

[Bigdebtor]

Zingy

 

Depends why and for how much you want to settle. It seems to me that you would win - but for peace of mind some token settlement might make sense. I'd be interested to see if they went along with it though.

 

I need to chase CR*p One for about £4k all in - charges and contractual interest since late 2001 - I offered to settle for £2.5k a few months ago to avoid court and they turned me down - offering me under £1k. Cheeky sods!

 

I really need to get my *rse in gear and get he claim into court as I am sure I would win the full £4k.

 

BD

[zingy]

Get your claim in BD. I'm just going along the lines of full settlement, with the point of them not having to pay their barrister to attend court etc. I'm going to leave it until the end of the month and then send a letter - pretty sure they'll say no, but worth a shot.

[Bigdebtor]

Good tactics - you're actually giving nothing away that you're entitled to get - just saving them further costs - hope it works - keep us posted.

 

I predict they'll settle just before the case is due - either by post a few days before - or in person just before going into court - so very important you do turn up!

 

Good luck

 

BD