Lynsey V Capital One

[ukaviator]

Eight days left and still no defence from Capital One! If they dont do something quick I win by default and I cant wait.

 

You should get your money any day now ..

[Guest Battleaxe]

Fingers crossed for you Lynsey. I have started my Section 85 action against them

[Paintball]

Battleaxe

 

Not up to speed with Section 85; what's this?

 

BTW your avatar's a right bobby dazzler;)

[Guest Battleaxe]

Thanks about the avatar Paintball.

 

Section 85 has been discussed in great depth over on the CCA thread, about 100 pages back from memory. In short and at the risk of hijacking this thread, for every credit card sent out to you after the first card has expired the creditor must send you the true copy of your executed agreement, otherwise they cannot charge ytou interest while in breach. They ahve been sending out generic mailers claiming this fulfills Section 85. it does not. So if you second card was sent to you in 2000, the cc company cannot cannot charge you interest from then. You claim it back.

[lyns]

Oh no!!! I just checked mcol and they have filed a defence! What the heck do I do now?!? It says that it will be transferred to my local court and they will be in touch. Does anyone have any idea how long this is gonna take now?

[Guest Battleaxe]

Easy peasy lemon squeezy. Wait until you get the copy of the defence and then reply point by point, but I bet they will have cheque in the mail to youu before long. This is the pattern they use. Sit back and wait and make sure you keep us to date.

[ukaviator]

Don't panic lyns.... anyday now...

[lyns]

Thanks Battleaxe! I just had a look at some of the other posts and it seems to be the case with them too, just had a little wobble then! Hopefully not long now

[lyns]

Thanks UK, it seems to be taking forever! Cant believe I started all this in October hoping to have some cash for xmas!!

[ukaviator]

They all take their time. . . they would save themslves a lot of time and effort by paying up straight away..

[doo]

I'm sure your cheque will be hitting your doorstep any time within the next week.

[lyns]

I really hope so Doo! Fingers crossed, will let you lot know of any more developments.

[lyns]

Got a letter from Capital One today offering me a part refund! Graham Daly says that my calculations are wrong, this is what he has put on the letter.

 

All default fees charged to any account are always charged at the purchase interest rate. The total amount of purchase interest we have ever charged to your account since March 2001 is £163.05. This amount includes the interest on all of your purchases and only a very smallportion of this figure has been charged on the default fees. On the basis of the above i cannot agree to the proposal of refunding to you the sum of £2198.23 to cover the interst.

 

Does this have any relevance? I always thought i was charging them interest, not claiming back interest i have paid? Am I wrong? Is this just capital one trying to confuse me into accepting? He then goes on to offer me the £163.05 and the 8% i am entitled to claim under the county courts act 1984 and of course the actual charges. He also says he has contacted the court to tell them they have paid in full! Help what do i do now!?!

[Guest Battleaxe]

Lynsey,

 

This is a tactic they use, write back and say Thanks I will accept your offer as part settlement and I intend to pursue the rest of my claim. Write immediately to the court with a copy of your letter to this character and say this claim is no way settled and you inted to pursue through the courts. Send a copy of your letter to this fellow so he klnows you are not going to play his games and that he has tried to deceive the Court that this matter is setlled.

[Guest Battleaxe]

I will clarify

 

letter to Graham Daly, thanks but no thanks the claim continues and that you are deceiving the court in claiming the matter is settled, and copy of you letter to Court stating that the matter is not settled.

 

Wriote to court stating matter is not settled and that graham Daly has attempted to deceive the court with his claim of you having accepted his offer

 

You have two letter to write immediately and post both recorded delivery

[lyns]

Thanks Battleaxe, had a real wobble then! I will get these sent off to mr daly and the court asap.

[Guest Battleaxe]

Lynsey

 

They will try anything to deceive and bamboosal. They seem to think you are not awake to their tactics. They don't realise you have all of us veterans behind you. Never make it easy for them.

[doo]

Hold tight lyns, just do as Battleaxe says, try to post those letters today.Hi Battleaxe, you are on the ball today, v.quick response.

[lyns]

Thanks guys! I will try and get them done and sent today so they have them for early next week!

[chocolatte]

Right, I'm confused:confused:

I am claiming OL and LP Fees from Capital One.

I have been using the Excel Spreadsheet and put in all my charges and dates and it has given me the totals.

Here's where I'm confused...

The other 5 columns, what are they for? Should I be filling in those aswel?

And if so, do i put in the date column, the month after I was charged, or that same date that I was charged?

Sorry for being so thick, it's a while since I was at school

[ukaviator]

That's ok. . a lot of people get stuck on spreadsheets. The columns should be:

 

Reason Amount Days passed 8% total

 

Are they the ones your stuck on?

[lyns]

Ok had a letter from court today telling me where the claim has been transferred to. Im a bit worried as it has no allocation questionaire in it and it has been crossed out where it tells you to return it? Should I be worried as I thought they all had these questionaires in?!? This is what it says

 

The filing of an allocation questionaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise.

 

Do you think this is a bad sign?

[lyns]

Just spoke to the court and they say that they are currently dealing with claims from the 21st march!! The poor court staff are crippled by claims! He said I should hear something within a couple of weeks and if not then i should ring back.

[ukaviator]

Hi Lynns.

 

This is becoming the norm now.. judge will order directions soon.

Meanwhile Capital One will probably say they are going to defend then pay up. Keep an eye on your online account every day now.

 

Uk

[lyns]

Thanks Uk for the re assurance!