old cap1 debt, CCJ, then CO, charges reclaiming.

[dx100uk]

they cant add anything to a judgement.

 

 

something smells here.

[dx100uk]

4 threads merged on basically the same debt/subject

 

 

dx

[dx100uk]

so the house is in your name only?

 

 

dx

[giveITallback]

yes it's only in my name and they added the amounts before the CCJ, not sure how they managed to add over a £1000 between their last correspondence and a judgement. Where do these guys get these costs/charges from? Since the judgement there's been another £200 isn added I believe by the courts after a hearing.

[giveITallback]

p.s the original CCJ contains £280 of penalty charges

[dx100uk]

with int at card rate?

 

 

dx

[giveITallback]

No £300 (not £280) is just multiple £20 fees. So would all be plus interest at the cards rate?

[giveITallback]

Their cash interest rate being 1.586% a month. Dam looking at my statements back in those days you really got stitched up if you withdrew cash off a card. They pay that off last with the credits against your account so you pay the highest rate the longest paid them a fortune in interest payments!

[dx100uk]

put every PENALTY fee in this

on its date

 

 

and put their APR in cell D15

 

 

CISheet v101.xls

[giveITallback]

Interesting.... £2000+ including the interest. I assume I take their monthly interest rate and x 12 to get the APR?

 

I've 3 missing statements though... suggestions?

[dx100uk]

http://www.stoozing.com/calculator/apr-rate-converter.php

 

 

end the sheet [claim to date]

the day they stopped their interest [did they?]]

[giveITallback]

Thanks,

 

They froze the account when it defaulted.

 

 

The final statement shows the date back in 2005.

 

 

Why stop the date when they stopped charging interest?

 

 

I thought I'd use the current date?

[dx100uk]

if they've not charged you interest since xx date

you cant charge them sadly....

 

 

however you are entitled to 8% statutory interest from the day after the claim to date

till today.

 

 

take the total of the CISHEET

and put it in here as one entry.

 

 

StatIntSheet v101.xls

[giveITallback]

OK done that now. Not quite the original amount lol but at least it's something. Ok how does that impact things, can I challenge either the CCJ or Charging order?

[havinastella]

No, you probably cannot argue about the CCJ or CO now. The CCJ takes president over the original agreement.

 

It seems the amount was less than £5000, does the CCJ say they can add interest, I very much doubt it. The amount the Judgement was for, YOU OWE.

 

If you have a copy of all the charges, there is nothing to stop you reclaiming them.

[giveITallback]

OK that should be the two spreadsheets...

[giveITallback]

OK so it's simply a case of trying to get back the charges from the OC? Seems unfair the DCA can add 8% through the CCJ to the original amount that includes charges.. A total of £1600 has been added by the DCA via the court process for a£3100 original default balance! Seems ridiculous considering they probably bought the debt for peanuts.

[dx100uk]

yep they are ok

 

 

dx

[giveITallback]

Go back to the Original Creditor then in this case CAPONE? Which template would be best suited to use as the letter needed to be sent today?

Would you suggest I call the DCA and ask if they'll take a reduced settlement?

[giveITallback]

Also I'm three statements missing, what's the best way to obtain those? They're from a long time ago circa 2004

[giveITallback]

ok so to summarise...

 

Got a CCJ, missed determination meeting as didn't receive notice. Asked to pay large monthly amount, couldn't, had a redetermination meeting as they sought a CO against my property. Didn't really understand the judge, left room confused. Found out that a CO had been granted. That has sat on the property for 3 years.

 

I want to re-mortgage soon and fear it will affect my options. It appears it's too later to alter the CCJ or CO at this stage. However a thought, how can an unsecured debt suddenly become secured against your property? Surely if there's no warning of this when taking out the loan/credit card then there's scope to challenge this in court?

 

I have calculated charges to claim back on this but not sure who from. Original Lender or DCA?

 

I have three missing statements with potential charges on, what should I do about this?

 

Should I attempt to offer a reduced settlement in order to have the CCJ marked as satisfied and the CO removed?

[lookinforinfo]

Your bank will deny they still have your statements going back to 2004

though you could put in an estimate using the statements you do have as a guide.

 

 

The bank shouldn't be able to query it as they should have destroyed their copies.

 

 

You should demand the money from the bank not the DCA though you may have a fight on your hands going back beyond 6 years.

 

Even if they do accept your offer, the CCJ and the CO will remain on your Credit file for 6 years though

there would be an acknowledgement that the amount has been satisfied.

 

 

They will also add that the full amount has not been repaid which will further damage your chances to remortgage.

[giveITallback]

ok I'll speak with the DCA and see what they are willing to do if anything.

 

How do I go about claiming back from CAPONE then, what forms best?

 

Thanks

[giveITallback]

I've noticed that the original DCA who obtained the CCJ and CO are no longer my point of contact. They have transferred to Hoist Portfolio who are represented by Drydensfairfax. Why would this happen?

[dx100uk]

don't forget our search function...

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?397252-Charges-Claim-against-Capital-One&highlight=capital+won

 

 

so whos the DCA now and who got the CCJ/CO