Mrs.SS v Cap One - reclaim of Credit Card Charges

[Still_surviving]

Starting new thread for my girlfriends case v. Crap One

 

After several exchanges of correspondence, she issued a LBA for £560 charges plus £1485 contractual interest - were offered £317 take or leave it, so court papers have been served. Needless to say they are adamant that all the charges before 2005 are now statute barred as they always seem to do.

 

Interest calculations were done using the contractual APR of 22.9% and the calculator here :

 

http://www.egalegal.com/compoundWindow.html

 

Balance o/s on card is just under £1000, will update thread as and when things happen.

[rebel11]

Theres quite a lot of law to back up your claim.

[Still_surviving]

Claimed served 17.03.11

 

Defence awaited by 14.04.11 (once they have acknowledged the claim)

Edited March 23, 2011 by Still_surviving

[moneyproblem]

Hey SS I am watching your thread for update.

 

I have started my claim with C1 I have recently sent off my prelim + schedule so here to the 14 day wait.

[Still_surviving]

Cap One apparently acknowledged service on the 24/3, but I have yet to receive the paperwork from court.

 

This is probably due to my local court having its paperwork processed 70+ miles away, at our 'local' business centre.

[Still_surviving]

Have just received from Cap One a copy of their defence, and a slightly revised offer of £419.76 & £85 court fee. In the interests of keeping CAG users up to speed on Cap One, I am showing below all the docs, minus personal details.

 

http://i816.photobucket.com/albums/zz90/Still_surviving/Cap%20One/CapOneOffer310111.jpg

http://i816.photobucket.com/albums/zz90/Still_surviving/Cap%20One/CapOneDefence1.jpg

http://i816.photobucket.com/albums/zz90/Still_surviving/Cap%20One/CapOneDefence2.jpg

http://i816.photobucket.com/albums/zz90/Still_surviving/Cap%20One/CapOneDefence3.jpg

http://i816.photobucket.com/albums/zz90/Still_surviving/Cap%20One/CapOneDefence4.jpg

 

 

Once you cut through all the bumf, it seems their defence boils down to the same usual points weve seen mentioned before:

 

1. The charges are in our terms and conditions so must be legal.

2. They are based on what it costs us (oh really....)

3. Anything over six years old, you can whistle for.

4. We have no comprehension of restitutionary interest, but you can have some purchase interest back.

 

Am going to read and digest this some more over the weekend, but would welcome other opinions etc

[Old Cogger]

Are you going to go the whiole hog with them, they are sqirming, probably pay up last minute if you have claimed actual interest charges + 8% allowed by a court???

Edited April 8, 2011 by Old Cogger

[Still_surviving]

Yes - will definitely push them all the way into court if necessary, as Im sure of the arguments. However, Im also minded to review any further offers from them if it results in a prompt settlement thats not too far off the court claim figure.

 

Around 2/3 of the claim rests on the older charges plus interest. They will not be getting away with any statute barred argument.

[Old Cogger]

Yes review right up to the day before as they will probably court you until then & then only give you what you ask for. so keep an eye out on their tactics!! I would suggest they had your monies so they can repay with interest.

[slick132]

Hi SS,

 

Good luck on this one.

 

8-)

[seriously fed up]

will watch this one with interest. This lot charged me fees that - with interest - amount to 2.5 times what is owed. The account has since been flogged to Capquest who have become threatening, so the reply was "ok take me to court and i will counterclaim for the 2.5 times that you are claiming for".

[Still_surviving]

sfu

 

Hi mate - not seen you since my M&S affairs went quiet

 

Funnily enough it was Capquest getting verbally obnoxious on the phone to my g/f that tipped her over the edge into issuing proceedings. Horrible pieces of work seem to get employment there.

[bustthematrix]

All the best...and well done for posting their defence too.

[Still_surviving]

Received a copy of the defence from Cap1 via the courts today, together with the AQ which needs to be in by the 26th April - so will look for some help before then

 

Was reviewing the papers we received last week, and was struck by this paragraph from their letter

 

"If however you decide to pursue the claim further, please provide us with details about elements you consider to be outstanding and a full explanation as to why you believe that you are entitled to the remedy sought."

 

On the face of it, we are happy to tell them yet again, that they have not repaid charges over six years old, or paid full restitutionary interest, but should we be giving full details of the case law we will be relying on at this stage? I realise it will probably make no difference, but I was wondering if it would amount to showing our hand too early.

 

Its very crafty the way they repay a small amount of money back to the card at the last minute, then immediately include that in their defence as if to say, look at us we are being so reasonable....

 

Would welcome thoughts.

[seriously fed up]

Isnt all that going to appear in your defence anyway? Wont they have seen it all before? But as you say, never give a sucker an even break. I suspect this is a game of bluff - they want to see how much less you will settle for, and how far you will push it. Good results from their pov are where people dont push it as far as court, and if they do settle for less before the hearing. If they only have to pay out the full amount as a result of it going into court then over all (ie taking all the claims they would have to face) its a win.

And yes it is crafty - but they are - very

[slick132]

Hi SS,

 

"If however you decide to pursue the claim further, please provide us with details about elements you consider to be outstanding and a full explanation as to why you believe that you are entitled to the remedy sought."

I think it's a bit late for that. You've commenced proceedings already, so they'll see all they need as your case progresses.

 

I rather think this is a blanket response for cases which haven't progressed to court. It needs no response at all.

 

8-)

[bustthematrix]

Ss

How much has this cost you in terms of court claim fees, in total, so far?

[Still_surviving]

btm

 

£85 issue fee plus £40 AQ Fee = £125. However these charges will have to be added to any settlement figure thats offered in the end.

 

Balance on the card was around £1000 to start with, but with the refund theyve made without permission, its less than half that now. The greater part of the claim relates to charges over six years old, so thats a point we will not be letting go of.

[ims21]

Good Luck with this SS. I am watching with interest as I am going after Cap1 as well. Have sent lba and awaiting response.

[bustthematrix]

Thanks for the update.

 

Keep surviving!

[bustthematrix]

Hello There

 

Any news? Is it all wrapped up?

[moneyproblem]

Hey SS checking in on you for an update, I have submitted my first claim against Cap1 see thread http://www.consumeractiongroup.co.uk/forum/showthread.php?299574-Capital-One-Reclaim-Charge(s)-HELP!&p=3417634#post3417634

 

They have now restore to phone calls

[Still_surviving]

The wheels of justice seem to be grinding excruciatingly slowly (probably not helped by all the bank holidays)

 

Have just been informed by the Regional Business Centre, that Cap One did submit an AQ on time (yeah right - i bet they were allowed to be late), and the case has now been passed back to my local court for a judge to issue directions.

 

Considering the AQ deadline was 26.04.11 and Ive only just heard, I despair as to how long this is going to take to resolve fully if we head to court.

[moneyproblem]

The wheels of justice seem to be grinding excruciatingly slowly (probably not helped by all the bank holidays)

 

Have just been informed by the Regional Business Centre, that Cap One did submit an AQ on time (yeah right - i bet they were allowed to be late), and the case has now been passed back to my local court for a judge to issue directions.

 

Considering the AQ deadline was 26.04.11 and Ive only just heard, I despair as to how long this is going to take to resolve fully if we head to court.

 

Hey SS I am checking in on you, have capital one paid up yet? Any news or update of recent?

[Old Cogger]

probably cave in as usual?