ragsta vs. capital 1

[ragsta]

Please read below, last post thanks

 

 

hi everyone, i've received all my statements since 2002, requested by telephone with no cost and took 10 days to arrive. I have calculated all the overlimit fees and late payment fees to a total of £330.

 

I've tried looking but i cannot find a preliminary approach letter.

Please could someone post one up they've sent. Thanks yall

 

Edit: Sorry i've just found one.

[ragsta]

hi, just an update, 14 days are up from the preliminary letter , taken the template and had to change it. I stupidly forgot to put the date on the letter, but whenever the 14 period was mentioned it also didnt refer to any date. As a consequence of that i think that have not bothered to respond and are just being long. So is it ok to send the LBA , how would that stand with the court , with no date on the preliminary ? just wondering now

 

I also found, luckily and by chance one missing statement which had one more charge which i added. So is it ok to send LBA, i may get a letter tommorrow but i wudnt hold my breathe.

 

This is the LBA,

 

Rajinder Singh Virk

[Address]

 

 

12th October 2006

 

Capital One Bank Europe Plc

PO Box 5283

Nottingham

NG2 3YG

 

LETTER BEFORE ACTION

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxx

 

I am very disappointed that you have failed to respond to my preliminary letter sent by recorded delivery and written on the 29th September 2006.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £350 of unlawful charges from my self. This is an updated figure due to Capital ones incompetence of sending me incomplete records of my account. Due to obtaining a full list of statements I now have found a further unlawful charge. Enclosed is a copy of an updated schedule of charges which I am claiming. I have already sent you a copy of this in my original letter sent by recorded delivery and written on the 29th September 2006.

 

I reiterate that the schedule of charges accompanying this letter supersedes the schedule of charges accompanying my preliminary letter sent by recorded delivery and written on the 29th September 2006.

I require repayment in full of this money. If you do not comply fully within 14 days then the next correspondence you shall receive regarding this matter will be of a claim against you by myself for the full amount of £350 plus my costs and without further notice.

 

 

Yours faithfully,

 

Rajinder Singh Virk

[ragsta]

hey hey, just an update, received standard £12 we'll stick the charge at and we'll give u back everything over that we charged you today. So thats £134, but ive already sent my LBA off yesterday sticking to 14 days.

 

So the lba i sent doesnt have anything about accepting partial payment cause i had already sent it before there first response. Should i bother to write up another letter or just wait for the response in 2 weeks saying bugger off most likely then take file a claim ?

[ragsta]

hi, on the subject of interest, are there two types when your filling your court claim in,

 

1. 8% which is from the date of when the fine was added ? it comes up to over £100 which im thinking is wrong.

 

2. i cant find the page now, but it was a calculation involving your total charges + interest x 0.00022

 

i have the complex bank charges sheet. Anyone got the link i cant find it thanx

[AndyE]

If you're claiming statutory interest then you need to:

 

Work out the interest at 8% per annum (not compounded) on each charge from the date it was levied to your date of claim.

 

Put this figure into your particulars of claim.

 

Work out how much extra you'll get for each day after that (that's where the .00022 comes in).

 

Put the second figure into your particulars of claim.

 

The spreadsheet you want can be found at: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html#post750

 

It's the complex sheet.

[ragsta]

SHALL i stick to my timetable which is next tuesday 31st to launch claim.

 

Got this response from capital one today. The letters i sent out to them before hand were my LBA and then i received there first response for my preliminary a day later so i re-wrote another letter declining this.

---------------------------------------------------------------------------

12th October 2006

 

Capital One Bank Europe Plc

PO Box 5283

Nottingham

NG2 3YG

 

LETTER BEFORE ACTION

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxxxxx

I am very disappointed that you have failed to respond to my preliminary letter sent by recorded delivery and written on the 29th September 2006.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £350 of unlawful charges from my self. This is an updated figure due to Capital ones incompetence of sending me incomplete records of my account. Due to obtaining a full list of statements I now have found a further unlawful charge. Enclosed is a copy of an updated schedule of charges which I am claiming. I have already sent you a copy of this in my original letter sent by recorded delivery and written on the 29th September 2006.

I reiterate that the schedule of charges accompanying this letter supersedes the schedule of charges accompanying my preliminary letter sent by recorded delivery and written on the 29th September 2006.

I require repayment in full of this money. If you do not comply fully within 14 days then the next correspondence you shall receive regarding this matter will be of a claim against you by myself for the full amount of £350 plus my costs and without further notice.

 

Yours faithfully,

 

--------------------------------------------------------------------------

 

17th October 2006

 

Executive Response Centre

Capital One

PO Box 5283

Nottingham

NG2 3YJ

 

ACCOUNT NUMBER: xxxxxxxx

Your Ref: xxxxxxxx

Dear Sir/Madam,

 

Thank you for your letter dated 11th October 2006.

 

I am writing to inform you that I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £350 as per the enclosed schedule of charges (Schedule 1, which is the same ‘updated schedule of charges’ sent to you with my last correspondence dated 12th October 2006).

This letter has been written after my LETTER BEFORE ACTION dated 12th October 2006 due to you not staying within the deadlines set.

I can now say that I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder (£216.00). So it would be better for you to settle the matter in full now for £350.00, otherwise you fully well know the additional charges you will incur.

 

My LETTER BEFORE ACTION sent previously on the 12th October 2006 indicates that you have until Thursday 26th October to respond before Court action commences. However I am willing to extend this deadline to 14 days from the date of this letter, to 31st October 2006. You are reminded right now that there will be no further extension to this timescale.

 

If you do not comply fully by this date I shall begin a claim against you for the full amount of £350 plus 8% interest(Schedule 2) plus my costs and without further notice.

 

I trust this clarifies my position.

Yours faithfully,

-------------------------------------------------------------------

And the response...

 

[/Qoute]Thank you for writing to us again about the fees we've added to your account. I understand that you haven't received out letter.

 

To explain, we sent you a reply on 11 October. As it seems you've not had it, Ive included a copy, as well as a new settlement form for you to sign and return to us.

 

I'm sorry you've had to write to us again about this but I hope you're happy with our offer. I've included a leaflet outlining our complaints procedure, which gives our address. Please write to us again in the next four weeks if you have further questions.

 

We look forward to receiving your signed form so we can do the refunds we've offered and out this behind us

 

Robert Udy.[Qoute/]

[ragsta]

About to fill it all in, are the issueing details correct :

 

Capital One Bank (Europe) plc :

Registered office

350 Euston Road

London

NW1 3JJ.

thanx, howcome theres no stick for this!?

[ragsta]

Just filed a claim with mcol. What a load of BS. its like a friggin puzzle trying to get everything fitted in.

[ragsta]

Particulars of Claim used:

 

The Claimant has an account:xxxxxxxxxx with the defendant,opened April 2002.

Claimant claims the return of this money debited by the defendant by charges since

04/06/2002.Defendant is aware of details as a list of charges has been supplied.Another copy will be sent.Claimant contends:Charges exceed the Defendant's losses caused by the breaches; The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999,Unfair Contract Terms Act 1977 and at Common Law.Claimant claims:Re-turn of the money debited of £350. Interest per S.69 County Courts Act 1984 at the rate of 8% a year from 04/06/02 to 02/11/06 of £107.64 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.08. Claimant claims a total of: £457.64.Alternatively,if the charges are a fee or for a service,then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. Plus Costs allowed by the court.

[ragsta]

On mcol is says , Status of Claim : Defence, I cant take any further action online on this claim, that the defendant disputes the whole amount ive claimed and that it cannot continue online and will be transfered to the appropriate court for continuation.

 

Am i buggered !? i thought they paid up after acknowledgment of the claim and that was around 10th Nov.

[hagenuk]

No - but clearly you need to read more.

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

 

Pay particular attention to items 7 and 8.;

[livelylad]

Also sticking to one thread per claim will help us to help you.

[ragsta]

Thanks hagenuk and livelylad,

 

so thats where the AQ comes in. Ok other than that its going fine, but just panicked abit cause i thought cap1 dont drag it on this far. Cheers