Advice On PPI & Penalty fees reclaiming - Best Lines Of Attack On Capital One

[dx100uk]

I don't agree or dis agree not worried

 

 

how about asking slick132.

 

 

its not 100% my bag these diff ways.

 

 

dx

[L1882]

Cheers DX - I'll see if I can get slick to offer a view. I just want to get it right - but would also like to maximise what I get off the shysters - partly because they deserve it!

[slick132]

Hi guys, and I'm ONLY addressing the penalty charges issue here ................

 

As DX has already said, BC cases cannot be used as a guide for how to run other reclaims. With BC, I would defo claim compound int't up to the present date, regardless of when the bank stopped adding interest.

 

The reason, as L1882 has said already, is that you've been deprived of your money from xxdate up to present.

 

My experience with CapOne is limited compared to BC but I have had dealings with them and found them to be very hard-nosed. I would expect them to defend your claim using legal representation in court if it went that far. So you should not start court action unless you are prepared to take the fight into court.

 

I would claim compound interest to the present date. You can always negotiate before you get to a final hearing, and accept a reduced amount if it looks like that's your best option.

 

Sempra Metals v Inland Revenue Commissioners is a case you can quote but you should read it and try to understand the salient points too.

 

I would suggest you run separate threads for the PPI and the penalty chgs reclaims, to make each case easier to follow.

 

[L1882]

Cheers slick. I am willing to go to court if needed and I've no doubt they will defend, which is why I want to make sure I understand all the salient points before I start this process.

 

I've gone a different route on the PPI and other charges based upon some advice I've had. I though it might be interesting to see how this route works. Once I've heard back from them on this I'll do a thread and let you all know where I'm at - it could still end up legal. I'm not sure whether to wait for the outcome on that or start this independently.

 

I've read the sempra case and think I understand it, well to some extent and that is why I think I've a case for compound as there is little doubt the charges at £20 were a penalty.

 

Main thing that worries me with the court thing is reading the POC from sabre's BC thread I'm not sure I understood it so IF it went to court I don't know as I could argue it effectively before a judge!

[SabreSheep]

Cheers slick. I am willing to go to court if needed and I've no doubt they will defend, which is why I want to make sure I understand all the salient points before I start this process.

 

I've gone a different route on the PPI and other charges based upon some advice I've had. I though it might be interesting to see how this route works. Once I've heard back from them on this I'll do a thread and let you all know where I'm at - it could still end up legal. I'm not sure whether to wait for the outcome on that or start this independently.

 

I've read the sempra case and think I understand it, well to some extent and that is why I think I've a case for compound as there is little doubt the charges at £20 were a penalty.

 

Main thing that worries me with the court thing is reading the POC from sabre's BC thread I'm not sure I understood it so IF it went to court I don't know as I could argue it effectively before a judge!

 

Thats fine, on the charges thread when you make it, use the basic poc there as a draft. ASK questions and we can help you. I would aim to understand your case material BY MEDIATION as this is where the defendant will test your resolve and how much you know. This is all part of their risk assessment.

[L1882]

I know there is a lot of help out there Sabre - I would not have come this far if there wasn't! Just sometimes when you get to the legal end some of the terminology can become bewildering - but I'll get there in the end.

[L1882]

Have to say, I've spent some time reading the POC mentioned but doing it whilst referring to the legislation mentioned and it made much more sense - I think the use of the term 'in the premises' and my lack of understanding of what that meant didn't help .

 

I think I full understand it. Those POC will be pretty much the same for both this and my BC one so I'll post a copy onto that thread so it can be checked for glaring errors or omissions.

 

On this one - can I have opinions on whether to just go straight in with an LBA or should is do the letter as an initial approach and when they decline send an LBA?

[slick132]

The first letter is the Prelim Claim letter .................

 

..................... followed by the same letter which will be the LBA. This will include an updated SOC showing slightly higher interest.

 

[L1882]

Right printed and off to post office shortly to send recorded delivery.

 

I've left it with compound as I feel I am justified, these charges were paid and are clearly unlawful penalty charges. In the end they are not going to try and negotiate up are they!