Ron Vs Capital 1

[Ronaldo2k]

Hi,

 

I sent off my SAR request and calculated my overall charges to about £400.

I then contacted Cap 1 asking for charges back. Their response was only £100 which I accpted in part.

 

I then sent the LBA stateing that I was claiming all and partially accepted the offer. I have heard nothing for two weeks so called them today. They are refusing to pay the £400 as they have lowered their charges to £12. Hence why the offer of £100. I stated that I was awaiting a reply in writing but the guy on the phone said no letter about court action have been delived. I informed him that I have written proof from Royal Mail that it had.

 

I am now assuming I am to start Court Action?

 

Regards,

 

Ron

[121o121]

Yes most definately. If you can prove that the LBA was received by them and they have lost it internally, thats their problem not yours.

[Ronaldo2k]

Hi,

 

Just chased Royal Mail and the letter 100% def left their offices.

However, it wasnt signed for. Is this a usual tactic from Capital One?

 

Regards,

 

Ron

[Lager_Lou]

I found C1 extremely slow to respond to my prelim and I don't think they ever did to my LBA - not sure. Just crack on with your claim; it's not your fault they're incompetent

[Ronaldo2k]

Many Thanks Lou,

 

Pay day on the 22nd so will put the MCOL through then

[Ronaldo2k]

Guys,

 

Just had a letter from Cap 1 stateing that they will only offer me £100 of the £450.00 they owe me.

 

This is exactly the same as the last letter which I assume means they will not acknowledge the £100 as part offer which I stated in my previous letter.

 

Should I now start Court Action and withdraw any response to this letter dated the 13th as my response to the letter on the 29th stated exactly what my terms were.

 

regards,

 

Ron

[Lager_Lou]

Just ignore the second letter and start court action - you've already stated your position clearly.

[TUTTSI]

Yes I agree you should immediately start your claim, they no listen until they have the MCOL in front of them.

Good Luck

[ukaviator]

Hi Ronaldo

 

You should accept the £100 as part settlement only and that you will pursue them for the rest in court if necessary. There is a letter of rejection link here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

 

I would just give them 7 days to comply then file.

 

Good luck

 

Ukaviator

[Ronaldo2k]

Many thanks for all your advice guys.

I will send the Part acceptance letter then aim to start Court Action from the 26th Jan.

 

This is the next pay day. Would that be OK?

 

Many Thanks,

 

Ron

[ukaviator]

That will be ok. Good luck

 

Uk

[Ronaldo2k]

Hi Guys,

 

Going to start a Capital One CLaim today. Can anyone please confirm that the following Info is correct?

 

1. The Claimant has an account xxxxxxxxxx with the Defendant, opened 2004 2. Since xxxxxxx the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £xxx.xx; (b) Interest per S.69 County Courts Act 1984 of 15.9% - £xx.xx continuing at 8% until judgment or settlement at a daily rate of £0.xx; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

 

Not sure hom to work this our to be honest. Should it be 8% or at the 15.9% that Cap1 charge?

 

Many thanks,

 

Ron

[ukaviator]

Hi Ronaldo.. Just checking against the version on file.

 

The Claimant has an account 1234567 with the Defendant, opened May 2000.Since 01/02/03 the Defendant debited charges and interest in respect of purported breaches of contract. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent.Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. Claimant claims: (a) return of the amounts debited of £XXXX; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. Costs allowed by the Court.

 

Seems ok. Are you MCOL or N1 this?

 

Uk

[Ronaldo2k]

MCOL mate.

 

Just wondering how I go about working out the daily rate at 8%. Giood to know the rest is OK

[ukaviator]

You times the total, without court fees by 0.0022 that gives the daily rate.

 

Uk

[Ronaldo2k]

Many thanks.

 

I got the figure 0.8822 so I assume I take the 22?

 

many thanks again ,

 

Ron

[ukaviator]

No.. it looks like 88p a day.

 

0.0022 is the multiplier you use to work out the daily interest on your claim, it is the equivalent of 8% per annum.

 

0.0022 X amount of claim. This gives you daily rate of interest. You then work out how many days the money has been owed to you and multiply it by the daily rate of interest. that is then added to the amount owed to you,

ie.

 

£10 X 0.0022 = 0.022 ( daily rate of interest) X 2787 days money owed = £6.13

[Ronaldo2k]

Ahh excellent. Thats very helpfull. Many thanks.

 

Sorry to be a pain but one more thing:

 

 

Does or will your claim include any issues under the Human Rights Act 1998?

No (Think this is correct answer)

Do you want to reserve the right to claim interest?

Yes (Think this is correct answer)

 

And I go over 24 Lines in the test box by one word. Would this be a problem?

[ukaviator]

Human rights is NO

 

Answer YES if your claiming the 8%

 

If you go over the lines it will reject the paragraph, so you will need to trim it.

[Ronaldo2k]

Many thanks for your help Aviator.

 

I put through the MCOL and have also sent the Schedule of Charges to the court to be sent to Crapital 1.

 

Cheers,

Ron