Tan v Capital one **WON**

[tan4874]

28/11 - Requested statements via telephone call

4/12/06 - Statements received

12/12/06 - Prelim posted for £432.

04/01/07 - Offer of payment received (£144)

04/12/07 - LBA posted, I have also agreed to accept accept £144 as partial settlement.

[e28bigalbexley]

On you go then Tan you're almost there

[Armsoft]

28/11 - Requested statements via telephone call

4/12/06 - Statements received

12/12/06 - Prelim posted for £432.

04/01/07 - Offer of payment received (£144)

04/12/07 - LBA posted, I have also agreed to accept accept £144 as partial settlement.

 

Have you filed in court (MCOL) yet? as the 14day LBA period is up, don`t let them have more time than they are allowed:D

[tan4874]

Wrong date entered on post - LBA sent 04/01/07. Thanks for advice though.

[tan4874]

Cap1 reply - Received today - Letter advises refund offered reflects the recommendation of the office of fair trading. After reviewing the account they can't increase the offer but partial refund is still available.

I will file claim with mcol 31/01 (payday) Only thing I wasn't sure about is the interest thing. I have submitted a schedule of charges with prelim and lba, I have not added interest as yet because when starting out a lot of the posts stated do not add interest until court stage. I have recently read a lot of posts advising contractual interest needs to be added at the start. Excuse my ignorance but what is the difference between the two types of interest. Do I stand more chance in wining by not adding any interest. Read another post where they were advised to send another prelim with contractual interest, if I do this won't it show that I haven't got a clue what I'm doing. Was feeling confident but the interest thing is really confusing me. Help please x

[jonny1eye]

Just a quick one, I am gonna claim off capital one, do I use same letters and procedure as I o for bank charges also do I still need to send £10 postal order or is it lower?

 

thanks in advance

[Armsoft]

Cap1 reply - Received today - Letter advises refund offered reflects the recommendation of the office of fair trading. After reviewing the account they can't increase the offer but partial refund is still available.

I will file claim with mcol 31/01 (payday) Only thing I wasn't sure about is the interest thing. I have submitted a schedule of charges with prelim and lba, I have not added interest as yet because when starting out a lot of the posts stated do not add interest until court stage. I have recently read a lot of posts advising contractual interest needs to be added at the start. Excuse my ignorance but what is the difference between the two types of interest. Do I stand more chance in wining by not adding any interest. Read another post where they were advised to send another prelim with contractual interest, if I do this won't it show that I haven't got a clue what I'm doing. Was feeling confident but the interest thing is really confusing me. Help please x

 

 

Tan,

The difference between Satatatory Court Interest (Interest persuant to s.29) and Contractural interest is 20.5%.

Basically if claiming through the Small Claims Court you have a right to claim Interest on the amount owed to you from the date it became owed, till the date it is paid to you. The courts set the rate at 8%.

 

Contractural Interest is basically the same interest rate as the banks charge you, and the main school of thought seems to be that its about 28.5%.

 

It may be difficult to add in Contractural Interest at this late stage, although, as none of the banks have ever let a case get to court, and the fact that you have not included interest in any communications with Capital 1, it would proberbly be ok in your case.

 

In your MCOL claim you will need to enter the contractural Interest claim bit (there should be a template in the banks library on the site, I think), and then you`ll need to send a schedule of charges to the court and to Cap1.

 

Don`t worry too much, just take it slowly as you complete your MCOL, then sit back and wait for Capital 1 to send you your money (because they will:D ), and all without appearing in court.

 

Good Luck, need any more help just let me know

[tan4874]

Don't know what to put for particulars of claim. Can anyone help. Worried I might mess up. Please help someone.

[Armsoft]

Don't know what to put for particulars of claim. Can anyone help. Worried I might mess up. Please help someone.

 

tan

You need to read the templates, there is one posted in their for particulars of claim, infact there are two, you just need to decide which one is more appropriate in your case

 

Hope this is of help

[tan4874]

You would not believe how many times I have looked through templates. Duh! Thank you

[Armsoft]

You would not believe how many times I have looked through templates. Duh! Thank you

 

No problem - file today and your approx 28 days away from settlement.

Crap1 will acknowledge your claim within the system, they will file a defence, the defence will be that they have settled.

They will write to you, and say that you will recieve payment within 14 days:D

[tan4874]

MCOL submitted yesterday. I have just read through claim form and I have entered "continuing at 8% until judgment or settlement at a daily rate of £13.29"

It should read daily rate of 13.29 pence.

Should I ring mcol and let them know or just leave it?

[tan4874]

Please can someone advise on the above question. Thank you .

[Armsoft]

Please can someone advise on the above question. Thank you .

 

tan,

To change your entry is going to cost you (not sure how much with MCOL)

 

The interest issue is a side issue as far as the court system is concerned, its the actual claim against charges thats the crux of the claim.

 

I would suggest phoning MCOL (0845-6015935 Open between 10am-4pm) explain the fact that you have entered a £ sign where you did not intend to, and be guided by what they suggest (they are a very helpfull bunch at MCOL).

 

Also, at the end of the day, this is never going to get as far as court anyway, as Capital 1 settle shortly after acknowledgement in all their cases, so will never be debated in by the judge.

 

Hope this is of help:)

[tan4874]

I have contatced MCOL and all they could say was it would cost £35.00 to ammend claim and issue date would start from the day claim was ammended but the decission was up to me. The main question I have is if I leave claim as it is and Cap1 solicitors pick up on it could this delay the process or stop me from getting my money. I really don't know whether to just loose the £35 and change it or to just see what happens.

[Armsoft]

I have contatced MCOL and all they could say was it would cost £35.00 to ammend claim and issue date would start from the day claim was ammended but the decission was up to me. The main question I have is if I leave claim as it is and Cap1 solicitors pick up on it could this delay the process or stop me from getting my money. I really don't know whether to just loose the £35 and change it or to just see what happens.

 

Cap1 could use it to delay the process, although, to date there is no evidence showing that they have done this in the past (unlike the Abbey, who look for ways of delaying things all the time), but they would be unable to use it to stop you from getting your money.

So, as MCOL have said, the decision is yours

 

* Pay the £35.00 and the 28 day process before payment starts again and your safe in the knowledge that yor claim is 100% accurate

 

* Not pay the £35.00 and the 28 day process before Cap1 pays you has already started,

* and they could pick-up on the error and ask you to adjust your claim, thus delaying the process

* or they either don`t pick-up on the error, or just don`t bother asking you to adjust your claim.

 

If this came before a judge:eek: , they would not be expecting you to act the same as a proffesional legal person, and would be more inclined to overlook a typing error from a layperson, than one from someone who is being paid in excess of £500k a year to represent legal matters.

 

Hope this is of help:)

[tan4874]

Thanks for info Armsoft, I have decided not to ammend claim. I will just hope for the best. Received notice that acknowledgment service has been filed. Capital One intend to defend all of the claim.

[Armsoft]

Thanks for info Armsoft, I have decided not to ammend claim. I will just hope for the best. Received notice that acknowledgment service has been filed. Capital One intend to defend all of the claim.

 

tan,

Capital 1 always acknowledge service, they also always say they are going to defend all of the claim.

They will file their Defence, which will say that they have paid you in full, so you can look forward to a letter from them soon teling you that they have decided to pay you all your money, you`ll then end up with that being paid into your card account (if you have a dorment account, they will send you a cheque of the balance)

[tan4874]

Letter received today - It is denied these fees are unlawful etc.............

Last paragraph states "I have in an effort to resolve this matter without the need for a court hearing, sent you a cheque for £686.16 It should arrive within the next 14 days" At last I have won. Need to concentrate on my Woolwich clim now (have a feeling that's is going to drag on) Thanks for all help and support!

[ukaviator]

Well done Tan. . great result

 

Uk

[Armsoft]

Well done Tan

Keep up the fight