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Particulars

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Just about to file my claim at MCOL, for the particulars do i take out the part about the 8% interest as i am claiming contractual interest at 29.9%

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Hi Jazzy

 

You should use the N1 form to fill in as the wording does'nt fit the MCOL box. I personally used my version to claim back with contractual interest, and fits the box. However there was no room for daily interest, so i did'nt claim it. Here is my version if you want to use it.

 

Claimant has a Credit Card account

XXXXXXXXXXX with the Defendant opened

DATE ,conducted on their

standard terms and conditions.Claimant is

claiming the return of £XXX taken by

Defendant in the form of overlimit and late

payment charges. The Defendant's charges

are a disproportionate penalty and therefore

unenforceable as they are contrary to

common law.They are also invalid under the

Unfair Contracts Terms Act 1977 s.4 and

under the Unfair Terms in Consumer

Contracts Regulations 1999.Para.8 and

sch.2.1.e.In the event that the charges are

not a penalty they are unreasonable within

the meaning of the Supply of Goods and

Services Act 1982 s.15.Defendant has

declined justification of charges despite

repeated requests.The claimant claims

interest from DATE to DATE

of £XXX.XX at the Contractual Compounded

rate of 23.8%.Total of £XXX.XX

 

I was refunded using this. Up to you if you want the daily rate as well. You will need the N1 for extra space. You can't claim the 8% as well. Just the contractual rate if that's what your after. Its one or the other.

 

Good luck

 

Uk


Some useful links.

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AQ Guide to Completion

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Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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Ta very much for that UK, I will borrow your particulars if thats ok, i'll let you know how i go on.

 

Jazzy

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Ok.. As i said you can't fit in the daily rate with this. But i was'nt that bothered in claiming that.

 

Good luck

 

Uk


Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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Thats fine, i wasn't planning to go for daily interest, i'm happy with just the Contractual interest.

 

Jazzy

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Just a quick one uk, on the original spreadsheet i sent with my prelim letter and Lba the date i was claiming the interest upto was the date i posted the prelim letter, can i now change that to the date i file the claim so giving me an extra 4 weeks interest?

 

Thanks Jazzy

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Yes you can. Just amend the spreadsheet dates and work out the new interest. Send the defendant an updated version too.

 

Good luck

 

Uk


Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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Hope someone can help, if you have had a part offer and you have accepted it as part offer and it has been paid into the card account, do you knock the amount of the claim when filing on MCOL?

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Hi Jazzy

 

You should use the N1 form to fill in as the wording does'nt fit the MCOL box. I personally used my version to claim back with contractual interest, and fits the box. However there was no room for daily interest, so i did'nt claim it. Here is my version if you want to use it.

 

Claimant has a Credit Card account

XXXXXXXXXXX with the Defendant opened

DATE ,conducted on their

standard terms and conditions.Claimant is

claiming the return of £XXX taken by

Defendant in the form of overlimit and late

payment charges. The Defendant's charges

are a disproportionate penalty and therefore

unenforceable as they are contrary to

common law.They are also invalid under the

Unfair Contracts Terms Act 1977 s.4 and

under the Unfair Terms in Consumer

Contracts Regulations 1999.Para.8 and

sch.2.1.e.In the event that the charges are

not a penalty they are unreasonable within

the meaning of the Supply of Goods and

Services Act 1982 s.15.Defendant has

declined justification of charges despite

repeated requests.The claimant claims

interest from DATE to DATE

of £XXX.XX at the Contractual Compounded

rate of 23.8%.Total of £XXX.XX

 

I was refunded using this. Up to you if you want the daily rate as well. You will need the N1 for extra space. You can't claim the 8% as well. Just the contractual rate if that's what your after. Its one or the other.

 

Good luck

 

 

Uk

 

I am not attemptin to hijack your thread. So please dont shout:-| and OOD LUCK with your claim aainst Cap1.:D

 

Uk aviator would you mind me using your particulars for my O/H's claim with Capital One as you say it worked for you and he is not bothered about the daily interest either.:)

 

It saves all that form filling on the N1. :) Could you take a look at my thread please. Capital One..No offer....a stalling letter!! Please help

 

Thankyou

 

Milly X


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

GE MONEY: WON £266.00

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Thanks uk, sorry mate i have got a thread, i was just roaming:D (sorry)

I will amend spreadsheet and just claim for the amount outstanding.

 

Cheers J

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Thanks for your reply in the other thread Jazzy, just hoping they refund me quite quickly to aid cashflow!

 

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 Milly.

 

Carry on it's free info. I was successful using it. I Will look at your thread as requested.

 

Uk..


Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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