Litigation Started With Cap One **SETTLED**

[TUTTSI]

Hi Guys

I hope someone can help me with a few pointers.

 

Just getting my claim together and listed all my charges for CAP ONE on the spread sheet, but the calculation are for 8%, they have charged a minimum of 11.9% in the earlier days and now it varies from month to month. Can someone explain in plain english how to tackle this. They now show the charges as monthly interest at say :- Purchases 0.865% which varies from month to month.

 

Also, it may be of INTEREST for you all to note that when I went back through my file - I have kept everything, I did notice some 5/6 years ago that my interest rate suddenly changed, I did write at the time and eventually got a refund on the actual rate of interest, this I found a little worrying.

 

Some months later they changed the format of their statements and they now show a monthly rate which I now notice has changed vertually every month. has anyone else experienced this.

 

About 4/5 years ago when I once drew cash which was needed urgently out on CAP ONE - do you know I am still paying a small amount of credit each month for this - can this be right! This must have cost me an arm and a leg!

Thanks

DS

[deadsquirrel]

Hi Guys

I hope someone can help me with a few pointers.

 

Just getting my claim together and listed all my charges for CAP ONE on the spread sheet, but the calculation are for 8%, they have charged a minimum of 11.9% in the earlier days and now it varies from month to month. Can someone explain in plain english how to tackle this. They now show the charges as monthly interest at say :- Purchases 0.865% which varies from month to month.

Thanks

DS

Have you done the SAR or used your statements to get a list of charges together? And have you then sent your preliminary request for a refund? And are you therefore at the stage of filing a court claim?

 

Only at the stage of filiing a court claim can you attempt to reclaim interest on the charges made - and then only at a 'statutory?' rate of 8% - hence the spreadsheet.

 

Hope this helps

 

PS Just completed my claim against Capital One - they settled two weeks after I filed my small claim at County Court, for full amount of my claim, which included £50 of my costs in pursuing the case (time spent researching, letters/stamps etc).

[TUTTSI]

Thanks for the info... I am just beginning to get things together.

I do have all my statements so I do not need to apply for these. I will write to them by either special delivery, or certificate of posting giving them 21 days to respond. Then I will file MOL Claim if needs be.

I was just interested to know how you calculated the contracual interest!

the 8% I have worked out what to do. The contractual interest will be a lot higher.

I appreciate hearing that you claimed back £50 for your time - that was good.

Thanks

DS

[TUTTSI]

Just to let you all know I have prepared my letter before action together with a schedule of charges and interest and it will be posted tomorrow by certificate of posting.

 

12/11/2006 - claim for charges £651.00

12/11/2006 - Claim for interest £237.12

Total £888.12

[TUTTSI]

Just to update you I have sent prepared a LBA letter to Capital One giving them 14 days to cough up before legal action.

He is claiming £1360 in charges and Interest £625.24 Total £1985.24

Will keep you all informed of his progress.

DS

[gizmo111]

Good Luck.

[TUTTSI]

Just to let you all know that I have to day received the usual rubbish letter from Mr R Uddy, they are trying to fob me off with a partial settlement of 26% of my claim, they say (out of the goodness of their hearts) they would refund down to the £12 charge which they believe is fair:idea: and guess what they do not include any interest with this. I think the only way forward will be accept a partial settlement and advise them that I want the balance paid giving them a further 10 days or I will see them in court. I think Mr Uddy knows full well the proceedure and is just playing a stalling tatic.

Hey Ho off to court I will go if he does not settle my claim!

DS

[ukaviator]

That is the reply we all get. Next stage now.

 

Uk. .

[TUTTSI]

Thanks Uk...

[TUTTSI]

This is the letter which I intend to send to them tomorrow, if there are any modifications to this please let me know ASAP.

Thanks

DS

Capital One Bank (Europe) PLC

Executive Offices

PO Box 5281

NG2 3HX

24th November 2006

Your ref: xxxxxxxxx

FINAL LETTER BEFORE ACTION

CERTIFICATE OF POSTING

Dear Mr Uddy

Mrs Dxxxxxxxx – Credit Card Number 4775 xxxxxxxxxx

RESPONSE TO SETTLEMENT OFFER

Thank you for your letter dated 20th November 2006.

I respectfully decline your offer of settlement and request, once again, that you

return to me all the charges and interest imposed on this account, totalling £888.12.

I will accept the sum of £234.00 offered only as a part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary. I therefore enclose your complaint settlement form which has been duly amended and signed by me.

My letter before action sent previously indicated that action would be TAKEN if you did not comply fully within 14 days. I am prepared to extend this only until 4th December 2006 to allow you adequate time to deal with my claim in full as outlined in my earlier letter.

[deadsquirrel]

This is the letter which I intend to send to them tomorrow, if there are any modifications to this please let me know ASAP.

Thanks

DS

 

Capital One Bank (Europe) PLC

Executive Offices

PO Box 5281

NG2 3HX

24th November 2006

 

Your ref: xxxxxxxxx

FINAL LETTER BEFORE ACTION

CERTIFICATE OF POSTING

 

Dear Mr Uddy

 

Mrs Dxxxxxxxx – Credit Card Number 4775 xxxxxxxxxx

 

RESPONSE TO SETTLEMENT OFFER

 

Thank you for your letter dated 20th November 2006.

 

I respectfully decline your offer of settlement and request, once again, that you

return to me all the charges and interest imposed on this account, totalling £888.12.

 

I will accept the sum of £234.00 offered only as a part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary. I therefore enclose your complaint settlement form which has been duly amended and signed by me.

 

My letter before action sent previously indicated that action would be TAKEN if you did not comply fully within 14 days. I am prepared to extend this only until 4th December 2006 to allow you adequate time to deal with my claim in full as outlined in my earlier letter.

If you've already sent your LBA, don't send the above - they've had their warning, simply start a court claim when the original date passes. The above (IMO) makes you sound weak, and they'll simply get to keep your money longer whilst you wait.

[TUTTSI]

Hi Dead SQ

Thanks for your comments, but don't I need to accept the partial settlement and I have seen other threads where they have sent a similar letter. This letter was taken and modified slightly from the library.

Your help much appreciated.

DS

[ukaviator]

Hi Dsilverstein

 

I would send the letter again giving them the opportunity to settle. Just this time give 7 days instead of 14. It does'nt show weakness, it shows that you are being very reasonable in trying to settle out of court. You should accept anything they offer as partial payment towards your claim, which you have put into your letter.

 

Good luck

 

Uk..

[maxwjz]

I sent a simalar letter to C1 a day before the lba deadline was up,this was after recieving a partial settlement letter from them,which gave them an additional 7 days.

jamie

[maxwjz]

sorry,forgot to add,the reply i got from that was the same offering me the same amount and and no more.

then i issued a claim through mcol.

hope this helps and good luck

[TUTTSI]

Hi and thanks to you for all your support.

I will stick with the letter and post it tomorrow.

I am not giving them 14 days more merely just 7 working days.

I agree their position will not change but you have to show the courts that you have been reasonable - I guess.

DS

[maxwjz]

go get em

[TUTTSI]

Thanks Max I will no worries there

DS

[TUTTSI]

Letter received today from C1-Robert Udy

Stating it will take at least 4 weeks to investigate!

What a load of rubbish!

They want him to be patient!

They want to waste time. I am not so I feel a MCOL coming DEADLINE 10TH DECEMBER.

DS

[TUTTSI]

Well I had another letter from Mr Uddy asking me again to sign acceptance of the partial offer in full and final settlement he states that they are confident that their fees are both fair and reasonable! He acknowledges that I will take this to court - So I have.

MCOL was completed this evening I am claiming £888.12 which includes contractual interest and have decided not to complicate matters and add the 8% as well. The contractual Interest more than covers and I will be happy just to claim this back. Oh and guess what, I used my Capital One Card for paying the Court fees that should go down well!

When doing the MCOL you cannot use the ( ) ; & so beware it takes ages to go over and over the form until it gets accepted.

I will keep you all informed - let battle commence.

DS

[willowthewysp]

Good luck in settling!...Im at the pre-lim stage with cap 1 at the moment!

[TUTTSI]

good luck Willow

[TUTTSI]

Litigation now in progress - CLAIM NO 6qz90118

MCOL issued 4th December 2006

Deemed served on 9th December 2006

They have till 23rd December 2006 to reply

Then lets hope they will PAY!

DS

[TUTTSI]

Basic Account Customer

 

Join Date: Oct 2006

Posts: 93

 

 

Re: Ds V Gm Card- litigation in progress

MCOL issued 6 Dec 2006

Deemed to be served 9th Dec 06

Claim No:- 6QZ91497

Charges £390.00

Contracual Interest £234.37

Court Fees £80

[ukaviator]

Well done. Won't be long now.

 

Uk..