EmmaJacques161 v Capital One ***SETTLED IN FULL***

[doyin22]

if you have a list of transaction, just put it into the basic spreadsheet in date order and excel will do it for you

[emmajacques161]

I am awful with computers!! Does anyone has any step by step guide?

[emmajacques161]

Really eager to send this second letter off, so can anyone help me work out the interest?

 

On the spreadsheet I have it works out the days since the charge was applied up till today, but my account was closed in April 2005.

 

can anyone help me work out the interest calculations?

[Michael Browne]

On the spreadsheet I have it works out the days since the charge was applied up till today, but my account was closed in April 2005.

 

 

That's right. It doesn't matter that the a/c is closed, the interest is still claimable from the date the penalty was incurred to the present day

[wendypowell62]

Im too having trouble with the interest bit. Sent prem letter for £800 didnt charge any interest (didnt know how to work it out). Since then read a thread saying, Daily rate is: amount in charges X 0.00022=daily rate in pence. Well mine worked out to 0.176 pence per day. My first charge was back in 5/11/02 making it 1418 days ago, so 0.176 X 0.00022 = £249.56. My total interest amounts to £4220.51!!! Am I having a blond moment or is this correct.

 

Sorry for hijacking this thread Emma but Im hoping the reply will help the both of us.

[Michael Browne]

1. You're right not to mention the interest in your prelim or LBA. You cannot claim this before filing at court.

 

2. Enter your charges in the Simple spraedsheet here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

 

this will calculate the 8% interest. It will definitely not come to £4220!!!

 

3. The daily rate is your charges £800 x 0.00022= £0.18p. This figure is entered in your particulars of claim when you file at moneyclaim.

[emmajacques161]

Hi Guys,

 

I hope one fo you amazing people can help me. I am about to start my claim with moneyclaim website, but have started panicking. :o :o

 

When I am doing the interest, do I claim contactual interest or compound interest? Also, because my account was closed do I claim interest up to the date the account was closed or up to the date I issue the claim?

 

Would anyone be able to have a look at my spreadsheet, and check that I am doing this right?

 

Emma x x

[citybloke]

Emma

 

Send me a private message with the spreadsheet and I will check it for you.

 

Citybloke

[emmajacques161]

I am about to fill in my claim on money for £1007.96 + 201.66 in interest, and have done my particulars of claim (with thanks to Jonni2bad template)

 

1.The Claimant has an account *********** with the Defendant, opened December 2002. 2.Since 20/12/02 the Defendant debited charges and interest in respect of purported breaches of contract. 3.Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4.Claimant contends:(a)The charges exceed the Defendant's losses caused by the breaches; (b)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. 5.Claimant claims: (a) return of the amounts debited of £1007.96; (b) Interest per S.69 County Courts Act 1984 of 8% - £201.66 continuing at 8% until judgment or settlement at a daily rate of £0.22; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

 

The daily rate of interest i think I have worked out correct (0.00022x1007.96=0.22p) is this right?

 

I'm so scared about doing this, been having nightmares about ending up in prison!!:o

 

Also how do I go about changing the title to emmajacquesvsCapitalOne?

 

Thanks!!!

[Michael Browne]

The daily rate of interest i think I have worked out correct (0.00022x1007.96=0.22p) is this right? Correct

 

I'm so scared about doing this, been having nightmares about ending up in prison!!:o Blimey, vivid imagination working overtime!!

 

Also how do I go about changing the title to emmajacquesvsCapitalOne?

PM a Mod and ask nicely, include a link to your thread

 

HTH

[emmajacques161]

I have just realised that because I have a default on my credit file due to the charges, can I put the removal in with my particulars of claim?

 

How would I word it?

 

Thanks Micheal for you reply!!!

[jonni2bad]

Please supply the following info.....

 

(A) Amount of charges at the date of the default (not the overall total as of today)

 

(B) The amount you were defaulted for

[pugsley]

not on money claim online only with an N1 form. crap one just settled in full for me and now I'm going after the default as a seperate issue first with more letters and then a N1 claim form

[emmajacques161]

I'm filling in the money claim and I have put in my particulars of claim and I have ticked the box that askes of I want to reserve the right to claim interest. I ticked yes and it has stated that I mustThe claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ {put the amount} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}.

 

 

the date i put in from when the money was owed is this that date that I first got charged?

 

so would I put The clamaint blah blah from 20th december 2002 blah blah to Nov 2nd 2006 blah blah of £1007.96 blah blah daily rate of £0.22

[jonni2bad]

If you think you have a default because of charges, I would strongly urge you to make it part of your claim now.

 

Please reply to post number 37.........

[emmajacques161]

If you think you have a default because of charges, I would strongly urge you to make it part of your claim now.

 

Please reply to post number 37.........

 

Jonni2bad,

 

I can't recall the date of the removal or the amount as I do not have my credit file with me at moment. I think I will go for the default removal as a seperate claim.

 

Thanks for all your help so far-This is beginning to look very daunting!!:o

[emmajacques161]

OH MY GOD!!! I done it!! Just submitted my claim for £1329.87!!! :o

 

Here Goes!!!

[jonni2bad]

Best of luck, but I think you've rushed it and should have taken the time to find out - if you really are serious about the removal.

[emmajacques161]

Best of luck, but I think you've rushed it and should have taken the time to find out - if you really are serious about the removal.

 

Jonni2bad,

 

I am serious about the default removal, but I'm so nervous about the charges I didn't want to bite off more than I can chew with regards to default.

[jonni2bad]

I understand the feeling of logic there, but actually it works in reverse. The charges are straight-forward and they will not attend court to fight them. The default, however, has potentially greater consequences for them. If you combine the claim and refuse to settle the monetary issue, they are then forced into court to argue about charges, or remove the default.....

[emmajacques161]

Today I had the pleasure of recieving a letter from Mr udy in response to my LBA (way delayed it seems) once again stating "fees are legal blah blah" and offering me £330.80.

 

Now my dilemma is this, I have submitted my claim with moneyclaim Yesterday, so do i reply to his letter or leave it and let them find out for themselves that i have issue a claim? Do I be polite or not?

 

decisions decisons....

[jonni2bad]

Leave it to the court now...

[emmajacques161]

quick question: I have sent a schedule of charges with every letter I sent Capital One but do I need to send a copy to the courts? I submitted my claim on MCOL yesterday, or do I wait untill I am asked?

[Michael Browne]

Send 2 copies, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours Faithfully

 

When you receive the Notice of Acknowledgement send a copy to the bank’s solicitors.

[emmajacques161]

Thank you very much!!!!