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Rain Man Vs Capital One


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Hello again guys, please help. I'm just about to file a claim against Capital One. However, i'm a bit confused about the interest charges @ 8 percent. Do I calculate the 8percent till the last date of the bank charges or do i calculate it up till my date of court claim? (today)

 

Please help advise as soon as possible

 

Regards

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Hello again guys, please help. I'm just about to file a claim against Capital One. However, i'm a bit confused about the interest charges @ 8 percent. Do I calculate the 8% till the last date of the bank charges or do i calculate it up till my date of court claim? (today)

 

Please help advise as soon as possible

 

Regards

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Hello again, please help. I'm just about to file a claim against Capital One. However, i'm a bit confused about the interest charges @ 8 percent. Do I calculate the 8% till the last date of the bank charges or do i calculate it up till my date of claim? (today)

 

Please help advise as soon as possible

 

Regards

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You add the interest up to your date of claim with MCOL. You then add into your POC a daily rate too.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Thanks UKaviator for the info.

 

About the POC's daily interest, I don't want to put the wrong figure on the claim. The google spreadsheet calculated the daily rate at 16.57 pence. Does anyone know how this is worked out. Would the conversion be £0.1657 ? or should I just write 16.57 pence on the particulars.

 

Best Regards

 

P.S. By the way, I just recd another response from Robert Udy, Capital One stating "he was disappointed I've rejected their offer and considering court action however that is their final offer and final response in relation to the matter'.

 

Thank you also to Livelylad for merging my threads, however, I sort of like two threads as I don't seem to get prompt response or sometimes no response from the Capital One thread.

 

Regards

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P.S. By the way, I just recd another response from Robert Udy, Capital One stating "he was disappointed I've rejected their offer and considering court action however that is their final offer and final response in relation to the matter'.

 

Standard response letter. Stick to your timetable. Your in charge.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Hi again everyone,

 

When completing my Particulars Of Claim on MCOl, I observed that the passage stated that 'I have already sent my schedule of claim to the defendant (done with prelim request & LBA ) 'and I will send it again'.

Pls advice, Do I need to send it again? Also, do I need to contact Capital One or should I just leave that to the Court.

Regards

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When completing my Particulars Of Claim on MCOl, I observed that the passage stated that 'I have already sent my schedule of claim to the defendant (done with prelim request & LBA ) 'and I will send it again'.

Pls advice, Do I need to send it again?

 

At least you read them, very few seem to!!

 

Send 2 copies of your schedule of charges, 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 sincerely,

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely,

 

 

 

Also, do I need to contact Capital One

No
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I have sent my Schedule of claim to the Court Mgr (MCOL) to be attached to the particulars of my claim as kindly advised by Michael above.

 

Yesterday, I received Notice that 'Acknowledgement of Service has been filed' and I will send a copy of the schedule to Capital One's Legal Department today.

 

On the Acknowledgement of Service form, a Wendy Starr, Legal Specialist from Capital one ticked box No.1 that states, ' I intend to defend all of this claim'.

 

Please any advise and/or reassurances are most welcome.

 

Also Just recd my statement from Halifax today. Like Capital One they waited till the very last day before they sent the statements, however, they said they were under no statutory obligation to record information relating to manual intervention so could not assist with such information.

 

I will commence action and start a thread on the Halifax forum today. Hope I'm successful with these claims. Can't wait to make a donation to this very very helpful site.

 

Regards

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  • 3 weeks later...

Hello everyone,

 

Seems like it's might rain soon. Recd a letter from Capital One today, obviously they denied the charges were unlawful but have agreed to send me a cheque (full Refund) within 14working days as a goodwill gesture.

 

They have also requested that I contact the court to confirm the settlement and discontinue my claim.

 

Now, my Concern. The 28days following their earlier acknowledgement of my claim expires next wednesday, 18.4.2007.

Should I wait until I have recd the cheque before contacting the court to confirm settlement or is it ok to do so now?.

 

Best Regards

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Wait until you receive the cheque before cancelling any action. Well done by the way..

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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