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

[wsm36]

Well done RedDeath, I'm about to issue a Summary Cause next week against Crap1, they owe me £994 offered me £330 odd yesterday so Mr. Udy is getting one final letter but only getting until next Friday to reply as my LBA was sent 1 day after they sent the offer letter to me. LBA sent on 22nd March, received by Crap1 on 23rd March. Offer letter was dated 21st March and received by me yesterday 27th March so he only has until next Friday to reply HAHAHA, then its off to court.

[RedDeath]

Thanks wsm36,

I found the whole process quite easy, so a couple of pointers for other Scots claimants.

 

Total claim so far:

Charges: £798

8% Interest: £155.83

Court Fees: £39

Admin Costs: £100

Exemplary Charges: £100

SAR: £10

Total: £1202.83

 

I asked for exemplary charges of £100 for stress and anguish caused by it and they paid.

Admin costs I think I will argue though some advice needed on what the best course of action is at this stage.

Trip to court should be quite easy wsm, £37 i think for it. They will then send your form back and ask you to go to have it served £16 (they provide details of who in your area can do that). Then once it has been served send them a letter saying that the charges are unlawful and so on and that as they have failed to enter meaningful dialogue you have pursed the case in court and give them the court date.

 

Next, sit back and wait for the cheque to land on your doorstep!!!

[wsm36]

Thanks for the info RedDeath, did you ask for the "exemplary charges" in your prelim or when you did the court claim?

[RedDeath]

e) Compensation for the significant inconvenience caused to the Claimant by the Defendant erroneously levying the Charges to the Account: £100

I added this paragraph at the court claim stage.

Now should I accept or send a refusal/partial offer acceptance and ask for £100 admin costs??

[RedDeath]

Ok last letters have now been written:

 

To the courts:

 

 

RedDeath@6:14 -v- Capital One Bank (Europe) Plc.

Claim Number: SC57/07

 

I wish to inform the court that the claim as detailed above, in which I am the Claimant, has now been settled.

 

The Defendant has agreed to pay nearly all the claimed amount in relation to this claim for all fees charged, subject access request fee, court costs and damages, namely £1102.83, by way of a cheque to myself within 14 working days of their letter dated 26th March 2007, of which I include a copy. As such, no further action is necessary in respect of this claim.

 

However, in my claim I did also ask £100 to cover administrative costs such as photocopying, preparation, research, letters, and postage costs (all letters were sent by signed for services by the royal mail). I would like to ask the court to grant these expenses. If however, the court does not deem this viable, then please accept this letter as my final settlement with regards to this matter.

 

Please accept my sincere apologies for the waste of the courts valuable time spent processing and managing this claim. I do wish to inform the court however, that the decision to enter into this litigation was not taken lightly, and that ample opportunity was given to the Defendant to resolve this matter by way of negotiation before proceeding with this claim. Regretfully, all attempts at meaningful dialogue were either rebutted or ignored.

 

A copy of this letter has been sent to the Defendant and also include a copy of the letter to the Defendant asking for the remaining £100 to cover administrative costs.

 

Yours faithfully,

 

RedDeath@6:14

 

And for Cr@p One:

 

 

Dear Mr Walker,

 

I write in reference to your later dated 26th March 2007, in which you agree to pay £1102.83 as a final settlement of my claim against Capital One Bank (Europe) plc.

I am disappointed that you have not included £100 to cover administrative costs such as photocopying, postage, research and preparation for this claim.

 

You point out that I have chosen to take this route. I would like to point out though that I in order to recoup such losses, regardless of the fact that you deny that these charges are unlawful, has taken me 3 ½ months of continuous correspondence with your company. I have written to you on many occasions to get copies of my statements and with regards to the complaint regarding the charges, I still 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.

 

However, I do appreciate your attempt at settling this matter out of court, despite the fact that you only agreed to settle after numerous correspondences and I would like to stress, only after I had started court procedures.

 

In view of this I would ask that together with payment of £1102.83 you also include and additional £100 for the administrative costs that I have incurred as a direct result of these unlawful charges.

 

As advised I have written to the court to confirm acceptance of the offer of £1102.83 and asked them to consider costs of £100 in view of the above mentioned administrative costs.

 

At this stage, in an attempt not to waste anymore valuable court time, I ask that you refund me the additional £100 as a full and final settlement.

 

A copy of this letter has been sent to court and I also include a copy of the letter that I have sent to the courts.

 

At this stage I would be grateful if you could forward me a cheque for £1202.03 in view of full and final settlement by return post so that I can contact the court and advise that no further deliberation is required and that this case may finally be brought to conclusion.

 

Yours sincerely,

RedDeath@6:14

 

I guess this now settles it all. Hopefully I should get that extra £100 now.

[ICY]

Lets hope so, you would have been able to claim these costs had it gone in front of a judge i take it ?

[RedDeath]

Yes, quite a few people are claiming back costs.

This claim would never have gone infront of a judge, they always settle before hand. I think they are trying to save themselves an extra £100. I think this is the easiest course of action to get the extra money. Hopefully the judge will accept the fact that I don't want to waste any more court time and that I have apologised on the bank's behalf. Just gonna have to wait and see.

[RedDeath]

The last update....

 

Friday a cheque for £1100 arrived, and on saturday the remaining £100 for costs hit my doorstep.

 

They never said anything in the letters, just a cheque. Oh well, I am in it for the money anyway. Courtesy letter to judge being drafted up now.

 

Capital One: I won!!!

[ukaviator]

Well done.. congratulations. .

[RedDeath]

Cheers aviator,

 

My advice to anyone reading this forum is just keep on going for it and don't accept their partial offers. And when you do end up starting court proceedings, remember, the banks really do not want to go there. They are praying on your insecurites to minimise the damage. Just keep your head down and keep going.

 

My original claim was £800 and that escalated to £1200 with costs, interest and some element of damages. Not the biggest sum of money, but it was still my money.

[albbyswife]

hello reddeath

 

i hope you dont mind me jumping in your post, first of all congrats on your win!!!!

 

i am about to prepare my court action and after reading your thread, i would like to ask for admin costs with all the hours of work i have put into this claim but i am unsure exactly what i can claim for and exactly how much i could claim back? and also i see you claimed compensation of £100 !! and was wondering could i claim back this for all the stress etc for cap one adding these charges and all the hassel it has caused?

 

When did you add these costs on was it in your lba letter or was it when you filed in court also how would i word these in my n1 form

 

Ant help would be great !!! And once again sorry for jumping in your thread and once again 'congrats' on your win!!!!

[RedDeath]

hello reddeath

 

i hope you dont mind me jumping in your post, first of all congrats on your win!!!!

 

Thanks, no problem at all.

 

i am about to prepare my court action and after reading your thread, i would like to ask for admin costs with all the hours of work i have put into this claim but i am unsure exactly what i can claim for and exactly how much i could claim back? and also i see you claimed compensation of £100 !! and was wondering could i claim back this for all the stress etc for cap one adding these charges and all the hassel it has caused?

 

Admin costs, well I asked for £100, just a small amount. You can claim up to £9.xx per hour, there are threads that deal with this. Glenn v Abbey also has a spreadsheet to calculate adming costs.

Basically, I just bunged £100 in to see how it went, and it paid off. In fairness depending on the size of your claim I would say £100 is a safeish bet. Some people have got £500 by putting down 50 hours, but most important it has to be credible.

 

Be careful about asking for stress and inconvenience as they may end up going through your medical files, so if you do go for it go for a smallish sum and see if you can get it through.

 

When did you add these costs on was it in your lba letter or was it when you filed in court also how would i word these in my n1 form

 

I added interest, costs, court costs, dpa fee, stress and so on at the n1 stage.

 

Ant help would be great !!! And once again sorry for jumping in your thread and once again 'congrats' on your win!!!!

 

Good luck with your claim. Best thing to do is set up your own thread so that people can advise you specifically.

 

 

..

[RCR50]

WELL DONE REDDEATH.