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RedDeath@6:14 vs Capital One **WON**

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Just initiated the process against Capital One.

SAR is on its way, has been received and I am awaiting a copy of my statements.

I have read that a few people are asking for compound interest, some as high as 32% which is absolutely great as it can certainly inflate the value of a claim. However, there seems to be not alot of information on settled claims and if the compound interest has been indeed claimed back.

Any information on compound interest and any successfull claims would be appreciated. Keep it going guys!!!!

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Thanks for the links, have since found them and brain working overtime on how much I can charge!

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Hi Red death

 

The spreadsheets should work it all out for you. As a double check there is an online calculator to assist you.It is really easy to use.

 

Compound interest calculator

 

Ukaviator


Some useful links.

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Making Posts

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AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

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Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

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Ok, well its time to post an update on how the battle with Capital One is proceeding.

 

SAR was received after around 30 days (LTSB waited until 40th). Total charges £800. I have decided at this stage as this is not a huge amount not to bother with the 30% interest, not worth it for the size of the claim. Unlike 12k I am chasing from LTSB.

 

Anyway, sent letter asking for charges and after 14 days I still had not heard back, so i sent the letter before action. In between those dates Capital One offered me to settle at £12 instead of £20 for charges, so I wrote back and told them no thanks and that the juice was still running on the account. My 14 day LBA deadline is due to expire on the 27th.

 

Today I was in a good mood and thought i would phone them up and taunt them into settling, after all if it does go to court I am adding 8% so it is in their best interest to pay up now. Well, the department that deals with this does not take incoming calls. The girl on the phone read on my notes that they had received my refusal letter only a couple of days earlier, so I might give them another week before starting court procedures.

 

Anyway on my LBA I added a couple of pointers.

1) Full and immediate payment obviously.

2) Removal of all default notices on account as this is a breach of the DPA. Basically as the charges are illegal, when they processed my account details with 3rd party credit agencies they were transferring incorrect information and as such are in breach of sections 1-4-6 of the DPA. Sweet!

3) And just for a giggle advised that if conditions 1 + 2 were not met then i would also continue and complain to the OFT that they should not be suitable for a credit licence.

 

Now lets just hope conditions 1 and 2 are met swiftly. I was surprised by their tactics of offering part settlement so soon, LTSB are adopting more lower handed tactics.

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No response from Capital One yet, will give them until tomorrow before commencing court proceedings. This is where I need HELP!!!

 

How do I go about raising court proceedings? I live in Scotland and take it that this is a different procedure than MCOL.

 

Please help! Thanks.

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Have a read of the thread below. Problem in Scotland is that the small claims threshold is £750.

 

Good luck. I'm a couple of weeks behind you.

http://www.consumeractiongroup.co.uk/forum/scotland/52551-claim-england.html?highlight=ehstevie


All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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We really do live in the middle ages. £750 limit?

 

I read that link Stornoway, and there is no need in hiring out an english po box. We can claim in either our home town or their home town. So me Scotland, them Nottingham. So I can go ahead and put Notts court down for it. Still a pain if they decide to defend as it may involve a journey down to Nottingham, which for the cost/value of claim/time off work is not really worth it. Still, there is the option that they will pay up before court so no need to attend.

 

Just read a bit more. For claims between £750 - £1500 you can raise a summary cause which to me seems identical to the small claims form (£39 fee, so not too bad).

 

Total claim so far:

Charges: £798

8% Interest: £155.83

Court Fees: £39

Admin Costs: £100

Exemplary Charges: £100

SAR: £10

Total: £1202.83

 

Just filling the form in at the moment, current question is. Any limit on claim details? Or can i expand the form as it is?

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We really do live in the middle ages. £750 limit?

 

I read that link Stornoway, and there is no need in hiring out an english po box. We can claim in either our home town or their home town. So me Scotland, them Nottingham. So I can go ahead and put Notts court down for it. Still a pain if they decide to defend as it may involve a journey down to Nottingham, which for the cost/value of claim/time off work is not really worth it. Still, there is the option that they will pay up before court so no need to attend.

 

Just read a bit more. For claims between £750 - £1500 you can raise a summary cause which to me seems identical to the small claims form (£39 fee, so not too bad).

 

Total claim so far:

Charges: £798

8% Interest: £155.83

Court Fees: £39

Admin Costs: £100

Exemplary Charges: £100

SAR: £10

Total: £1202.83

 

Just filling the form in at the moment, current question is. Any limit on claim details? Or can i expand the form as it is?

Redeath

 

I have to admit I dont know a huge amount abouts Scots claims as I was planning to go down the PO Box route but some things for you to check are;

1. I thought you had to have an english correspondence address to claim in england.

2. By going through their local court (Nottingham) you could make it more attractive for them to defend (lots of people have been resisting Citicards attempts to move claims to their local court).

3. do you have the same protection under summary cause against costs (i.e. if you lose under small claim courts you dont have to pay costs but not sure if it is the same principle under summary cause ?)

 

Good luck again !


All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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Hi Stornoway,

1. No you don't need an english correspondance address, you can either claim in your home town or theirs.

2. Yes, I may have to go to Nottingham but this is a small amount so I can still claim in Scotland £750-£1500 limit.

3.Maybe, lol, will find out soon enough.

 

Well, I have filled out my application to finally raise proceedings, going to court at lunchtime to hand it in, I guess I will find out then. Hopefully will find out about the timescales at the same time.

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Well, I made the trip to the courts and handed the docs in. Asked the girl if she could have a scan and make sure it is all ok, and it was. Big sigh of relief, last thing I need is another £39 to ammend it.

 

I should hear back in the next week with a date (6 weeks from now), I then need to get the summary action served, so it will be off to see the bayliffs. Hope this does not end up costing me too much, should only be postage charges I believe.

 

Well, the next stage has begun. Here goes...

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Time for an update.

Received today Cr@p one's final refusal of settlement, and re-offering £12 figure for charges as a full and final settlement. So...letter going out tomorrow refusing the offer and telling them this will now be pursued in court.

 

I also received a letter from the courts allocating Friday the 13th (ooohh) of April as the final return date, with court scheduled for the 20th. Time to turn up the heat on them.

 

I have also started a "new-ish" claim with them for removal of a default notice, so I am asking for a signed copy of the agreement within 14 days and have included my statuatory £1 postal order for it.

 

So tomorrow it's off to the sherrif's office to warrant the action! Let's just hope this is not too expensive.

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Reddeath

 

They offered you £12!!!??? The behaviour of these banks is appalling - The more I read the more amazed I become. It is all so underhand and insulting.

 

Good luck - hope you get it all back and all works out.

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I think RedDeath means the difference between the original charge and the new £12 charge.

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OOPS! - Sorry - silly me! Sorry for messing up your thread Reddeath - from now on I shall just read and say nothing.

 

Good luck.

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Hi RCR, things are finally moving on. Took a breather from the site as the SARs came in. Yes Cr@p One offered me a settlement, £12 per charge instead of £20, so really only offering me £8 per charge back. Stuff them!

Went to sherrif officer and it was £16 to get a £1 royal mail signed for letter delivered. Can i sue them as well????

 

Anyway, just a waiting game now hopefully a settlement should come in soon, I need the cash!!!!

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Hi Reddeath

 

No, don`t sue the sherrif!

 

Hope you get this settled soon so that you have lots of cash to sue LTSB.

In actual fact, this £12 charge your credit card company talks of.......It had occurred to me that, eventually the banks are going to be given a realistic and fair charge to use (I would imagine)....and on that basis I think we should go for it now with reclaiming before the banks are in a position of offering us settlements minus their new charges...Just a thought.

I decided to go for my charges with MBNA and they paid the £10 I sent them for my statements into my actual account with them!!!!

Why was it £16 to send a £1 signed for letter???I think they all just make it up as they go along. Even with LTSB - they were charging me £60 a go for going over my limit until people started reclaiming charges and then dropped it to £30.

Anyway good luck Reddeath - I must catch up with your LTSB thread but I shall resist posting and just read because you know how I like to ramble on and on and on.....and half the time where all of this is concerned I don`t quite know what I am talking about.

All the very best!

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Hey RCR,

Feel free to drop in on my LTSB thread as it is getting lonely over there.

Yes, while they are offering £12 pounds per charge, this is still not a reflection of the true cost. I read an interesting article (well book) by the OFT on credit card charges in ireland and at the end of the day while £12 is better, it is still not a true cost of their charges (estimated at around £5).

Yes, a few banks and institutions are lowering their charges, and about time as well, probably hoping to delay or stall other people who are claiming.

It cost me £16 to raise a summary action against Cr@p One, all the sherriff's office will do is send a £1 signed for letter to them with the warrant, and once they have proof of them receiving it, they will consider it served and send me confirmation of it. I'll claim it back from Cr@p One anyway, still a little extortionate.

I'll drop by on your thread, but am at work at the moment so need to pretend to at least be doing some work.

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Hi Reddeath

 

Just catching up - am I glad it is a day off tomorrow.......Just to continue to wish you luck......keep us posted as to how things are going...

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Time for an update...

Heard back from the Sherriff's officer and the summons has now been served on the defender.

I have now got a return date of the 13th April for a court date on the 20th.

What happens next? I take it that Cr@p One now needs to file a defence to the courts? Is a copy of it also forwarded to me? Not 100$ sure what happens at this stage so an all advice greatly appreciated.

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Got a letter from Mr Udy today in respone to my refusal of their final offer.

I'm writing to you out of courtesy as I've already sent my final response.

 

...blah blah blah....our original offer still stands....more blah blah blah....

 

As we've already sent you our final response, I need to let you know that we won't increase our offer. We'll acknowlege future letters from you about this refund, but I'm afraid we won't review what we've offered.

 

So, time to fire a little bit of ammunition at them and see what they have to say to things...

 

Executive Office

Capital One Bank (Europe) PLC

PO BOX 5281

Nottingham NG2 3HX

 

27th March 2007

 

Dear Mr Udy,

 

ACCOUNT NUMBER: xxxx xxxx xxxx xxxx

 

I am writing in response to your letter dated 20th March and wish to take this opportunity as a last attempt at entering into some meaningful dialogue with you regarding the nature of my complaint.

 

While you seem to be acknowledging my letters by sending out what can only be deemed as standard template letters, you are not showing any professional courtesies in the manner that you are actually dealing with my complaint.

 

My original request for repayment of charges letter of the 27th January 2007 not only asked for the return of bank charges levied to my account but also challenged the fact that you have entered a default notice against my credit record, and for the removal of such default.

 

I though that this default could only have occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

The complaint leaflet that you sent me in response to that letter states that you will write to me again after eight weeks updating me with the progress or sending me a final response to my complaint.

 

While you have responded to the pecuniary part of my complaint, it has now been 2 months and you still have not acknowledged my complaint regarding such default notice.

 

In view of such I have sent a Notice Pursuant to S.10 of The Data Protection Act 1998 on the 9th of March to your Executive Office asking that:

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. For which I enclosed a £1 postal order in payment of the statutory fee (serial: xxxxxxxxxxxxxxxxxxx).

 

2. You must supply me with a signed true and certified copy of the original default notice.

 

I also asked that this data is provided to me within the next 14 days of such a demand, and that if you were unable to provide this data then I insist that it is removed from my files as unsubstantiated.

 

The royal mail confirmed receipt of such letter on the 12th of March 2007 and as of today the 27th of March I still have not received an acknowledgment to my letter and ask therefore that the default is immediately removed from my file as unsubstantiated. Please note that a simple amendment will not suffice. Failure to comply with this will result in a complaint to the Information Commissioner for non-compliance of the Data Protection Act 1998, The Financial Ombudsman and The Office of Fair Trading, and I will seek to have the removal of such default enforced through a court of law.

 

With regards to the complaint regarding the charges I would like to contend that the charges debited to my account are punitive in nature; are not a genuine pre-estimate of cost incurred by Capital One; exceed any alleged actual loss to Capital One in respect of any breaches of contract on my part; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich Capital One which exercises the contractual term in respect of such charges with a view to profit.

 

Also that the contractual provision that permits Capital One to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

 

In view of the above I ask that within 14 days you provide me with the following:

If such charge is alleged to be a pre-estimate of the your loss incurred by my actions (whether or not such action is treated as a breach of contract between the parties), that you provide a detailed and proper estimate of such loss.

If such charge is not alleged to be a pre-estimate of your loss incurred by my actions then facts and matters showing the basis upon which the charge was calculated and all evidence to be adduced to show that the charge was fair and reasonable.

Finally, your “Complaint Settlement Form” states the following:

 

“Once we receive your form your refund will be added to your account and will appear on your next settlement”.

 

If you had actually gone beyond the simple scope of acknowledging my complaint and displayed some professionalism in actually investigating my complaint, you may have noticed that my account was actually closed on or around August 2006 rendering any payments impossible.

 

I would like to remind you that a court date is now scheduled for the 20th of April 2007 and that you duly cited on the 13th of March. I have done my utmost to enter into a meaningful dialogue and have followed your internal complaints process and wish for this matter to be resolved amicably without the need of a court hearing.

 

I would like to offer you another chance to settle this complaint by removing the default that was placed on my account and refunding me £796 for such charges together with costs involved for raising the summary action in the sum of £53 (£37 for the summary action, £16 for the summary warrant), £10 for a system access request amd £1 for the notice pursuant to the Data Protection Act 1998 for a total sum of £860.

 

Should this offer not be met in full then I will be pursuing this in a court of law, and will also claim back statutory interest at 8% together with further costs incurred.

 

Please find enclosed a further copy of the charges, a copy of my request for repayment of charges (17th January 2007), and notice pursuant to the S.10 of The Data Protection Act 1998 (9th of March).

 

Sincerely,

RedDeath@6:14

 

Bring it on!!!!

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Oh well, still no response from them.

I ordered my credit report last night and I don't seem to have a default on my account after all. It may be possible that it is registered through a different credit agency so I will check.

If not (and I really hope not) then I will just send an ammended copy of the letter arguing my charges and asking for proof of the bank charges being lawful. ha, like that is gonna happen, if anything it may push for a settlement figure.

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Well I just got home and found a letter from them....I WON!!!!

 

Dear Red Death @ 6:14,

 

I write in connection with the above court claim, which you have issued against Capital One Bank (Europe) plc in relation to the fees and interest we have charged to your account. I have now had the chance to investigate your claim of £1196.83.

 

It is denied that these fees are unlawful as they are detailed in your terms and conditions and in our welcome pack. Our fees are based on the costs we incur when a customer breaks their contract by missing a payment, paying late or going over their credit limit. The fees are only levied when a customer breaches their contract in this way and can be avoided if payments are maintained and the balance kept within the credit limit.

 

Capital One has acted in accordance with the terms and conditions of your credit agreement throughout this matter and it is clear you have no claim against Capital One.

 

Whilst we do not accept liability for your claim, I have in an effort to resolve this matter without the need for a court hearing, refunded £1102.83 to your account. This will be sent (to) you by cheque in 14 working days.

 

This amount includes all of the fees you have asked for, the interest, your court fee and the subject access request fee. We are prepared to pay you £100 for the stress and inconvenience caused you and this amount is included in the £1102.83. However, we will not be paying £100 for your administrative costs. You have chosen to take this action and at no point did we agree to pay for your costs.

 

These refunds are made purely as a gesture of good will and we will now defend this claim on the basis that we have refunded your full claim amount.

 

I hope I have explained things clearly for you and we can move on from here. I would finally request that you contact the court to confirm that your claim is now settled and avoid wasting any further valuable court time. We have also written to the court to confirm that we have paid in full.

 

 

So...I am 90% happy regarding this, however they are not paying my admin costs. Should I now send them a letter accepting payment as part offer and pursue the remaining £100 admin costs?

I am due the money!!

 

Yes!!!!!!!!!

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I would like to take this opportunity to thank everyone on this site for the support and valuble advice given to me regarding not just this claim but all of them. Without you I doubt I would have managed, so a big warm thank you once again to all the mods and users of this site.

 

5% Donation will be made to this site once the cheque has cleared.

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