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Rougesept v Capital One


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hi Milly, yea bit frustrating that I am having to wait for default removal, hopefully will be done beginning of this week and then I will submit court claim, have put it on hold on jonni2bad's advice as process has been constructive. Keep a watch on my thread soon, I'm sure I'll need some help and support.

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Ok, update needed. They've defended on the basis that they've paid. And they've given me:

 

All charges back

Statutory interest (not contractual)

Court Fee

Half of all purchase interest ever charged to my account which comes to a nice lump but is still not as much as the contractual I claimed.

 

Don't want to say much more - it's roughly £3500, I think I'll accept to be honest.

 

Just to leave you with this, the defence letter states:

 

'You are right to claim interest at the rate we charged on your account...'

 

An admission of contractual?

 

Good luck guys

 

Rouge

 

Could you post the whole of this letter?

 

Tanz

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At work right now, will post the relevant parts tonight.

 

Rouge

CAPITAL ONE

14th Dec - SAR

13th Jan - Prelim

27th Jan - LBA

27th Jan - 12% settlement offer (refused)

8th Feb - N1 claim issued

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Hi Rouge,

Are you going to post the whole of the letter up?

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Sorry guys, will do it tonight. I haven't deserted the ship!

 

Rouge

CAPITAL ONE

14th Dec - SAR

13th Jan - Prelim

27th Jan - LBA

27th Jan - 12% settlement offer (refused)

8th Feb - N1 claim issued

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Or tonight even! Sorry guys, not at home this week 'cos of work so everything's a bit up in the air.

 

Rouge

CAPITAL ONE

14th Dec - SAR

13th Jan - Prelim

27th Jan - LBA

27th Jan - 12% settlement offer (refused)

8th Feb - N1 claim issued

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Ok guys, the letter is standard fare for Cap One apart from this paragraph regarding my claim for contractual interest (interesting line in red):

 

'After reviewing your request for £xxxx.xx to cover the interest, I can confirm that your calculations are incorrect. All default fees charged to any account are always charged at the purchase interest rate. Whilst you are entitled to claim back interest on the fees we have charged you at the same rate as what is on you account, your calculations do not take in to account any payments you made to the account.'

 

Basically, they misunderstood the type of interest I was claiming but do admit the contractual rate is an entitlement. To settle, they refunded half of the interest ever charged to the account as well as statutory 8% interest. Done deal.

 

Can someone change the title to *WON*?

 

Cheers guys! A while ago Bill-K had a bad time as a result of some idiotic posts. I have to say that I wouldn't have been at this point without his personal help, especially when I was starting out. Cheers Bill! Lots of others answered my daft questions - thanks to doo, Milly, Sonja and others whose names escape right now but I'm grateful. Good luck to you all, you'll have no probs I'm sure.

 

Just read the above, sounds like I've won an oscar!

 

Rouge

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CAPITAL ONE

14th Dec - SAR

13th Jan - Prelim

27th Jan - LBA

27th Jan - 12% settlement offer (refused)

8th Feb - N1 claim issued

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Thanks Rouge - just pleased you are happy with your offer, letter is v.interesting, I wonder if they will go down the same road with me. Anyway stick around I'm sure I'll need some help.

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Well done Rouge. Glad it all got sorted for you. Interesting part of the letter I think.

Lets hope the same happens with me and doo.

Thank you for the thank you too.....the oscar speech brought tears to my eyes :)

 

P.S. Bill is da man!

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Hey Rouge, mate - belated

CONGRATULATIONS !!!

I think telling you your figures are wrong is their latest trick. I even wonder if they've seen me telling peeps to make sure their spready's right before they do owt else, and thought "Ah, now there's an idea !!" Crafty sods.

 

Thank you for the mention in your Oscar speech, mate. Very kind of you - and you other guys. TBH, I've caused plenty of grief with my own idiotic posts, and so, in the now defunct spirit of mutuality and reciprocity, I continue to do so !! :lol: :lol:

 

Enjoy your winnings, mate, and have several for me down the old rub-a-dub, tonite !!! ;)

All the best to you, my friend. :)

 

sensiblegorilla.jpg

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congratulations rouge and just to echo what the others said about bill

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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Could someone let me know how to change the thread to **WON**? Are any mods watching?!

 

Rouge

CAPITAL ONE

14th Dec - SAR

13th Jan - Prelim

27th Jan - LBA

27th Jan - 12% settlement offer (refused)

8th Feb - N1 claim issued

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PM one of the mod's with a link to this thread and it will be duely done!!!

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Has anyone tried PMing a mod? They all have 'no space' for messages until they clear up some space! Any mods that read this - can you change it for me please!

 

Rouge

CAPITAL ONE

14th Dec - SAR

13th Jan - Prelim

27th Jan - LBA

27th Jan - 12% settlement offer (refused)

8th Feb - N1 claim issued

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Ok guys, the letter is standard fare for Cap One apart from this paragraph regarding my claim for contractual interest (interesting line in red):

 

'After reviewing your request for £xxxx.xx to cover the interest, I can confirm that your calculations are incorrect. All default fees charged to any account are always charged at the purchase interest rate. Whilst you are entitled to claim back interest on the fees we have charged you at the same rate as what is on you account, your calculations do not take in to account any payments you made to the account.'

 

Basically, they misunderstood the type of interest I was claiming but do admit the contractual rate is an entitlement. To settle, they refunded half of the interest ever charged to the account as well as statutory 8% interest. Done deal.

 

Can someone change the title to *WON*?

 

Cheers guys! A while ago Bill-K had a bad time as a result of some idiotic posts. I have to say that I wouldn't have been at this point without his personal help, especially when I was starting out. Cheers Bill! Lots of others answered my daft questions - thanks to doo, Milly, Sonja and others whose names escape right now but I'm grateful. Good luck to you all, you'll have no probs I'm sure.

 

Just read the above, sounds like I've won an oscar!

 

Rouge

 

 

 

Thank you rouge for your kindness:) I wish you a profitable time with all your claims:) :)

 

 

Milly XXXXXXXX

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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