dori2o v Capital One

[dori2o]

Anyone?

[rougesept]

Hi Dori2o,

 

I posted the same thread a few days ago, not many replies unfortunately! A few have definitely claimed it successfully I remember reading. I'll be watching this thread for some inspiration...

 

Rouge

[smiffy01uk]

Yes, contractual rate of 26.9% claimed

 

Charges total £600 + interest £244.33

Court cost £80

 

Paid in full with no trouble

[ukaviator]

I have been paid too. 23.5%..contractual.

 

Uk

[Darwin]

I did and they settled before court

[too strong]

I did and they settled before court

 

Cap one have paid me the charges but not the contractual interest or court fee. There is a case management on the 07/02/07 in Leeds, is it worth including case numbers where they have paid contractual interest out?

[stuflo]

capital one have offered my wife total sum but not contractual interest or Court fee. She received this offer in response to her MCOL. They made no mention of the claim for contractual interest at all in their letter or the Court fee!! They went onto say that she would receive a cheque in the next 14 days. She does want to proceed to Court hearing if necessary for all the money to be refunded to her including the Court fee and contractual interest.

[rougesept]

Is this a new strategy from Cap One then, giving all charges back but not interest? Has anyone else had this new type of offer?

 

Rouge

[rougesept]

This may deserve it's own thread as it's a shift in Cap One's policy of refunding before MCOL judgement?

 

Rouge

[too strong]

This may deserve it's own thread as it's a shift in Cap One's policy of refunding before MCOL judgement?

 

Rouge

 

 

This is exactly what has happened to me.

 

This is obviously a ploy to save money on the inevitable. They know they will lose eventually so they are dangling an offer in front of you hoping you will take it.

 

They also stated that they will defend the case on the basis that they have refunded the charges.

[tezviper]

sorry for hi-jacking this thread, does anyone know of a link for a prelim letter that mentions contractual interest??

 

TezViper

[rougesept]

Hi too strong,

 

I think that it's a shift in strategy as up 'til now, they have waited right up until judgment in most cases before refunding everything including interest. Will they defend this interest claim in court do you think? Anyone ?

 

Rouge

[gashton]

Can anyone advise how you approach calculating the contractual interest or provide a link to a thread that explains it in simple terms for my under developed brain.

 

Many thanks

[too strong]

Hi too strong,

 

I think that it's a shift in strategy as up 'til now, they have waited right up until judgment in most cases before refunding everything including interest. Will they defend this interest claim in court do you think? Anyone ?

 

Rouge

 

I doubt it! as they have already paid out contractual on other cases. I just think it's a way of cutting their losses.

 

Think of it this way, if they can get most claimants to just except the charges without interest and court costs then they would saving themselves a hell of a lot of money. When they say that they are going to defend on the basis that they have already refunded the charges, that little phrase is added just to help you make up your mind for you and push you into excepting the offer.

 

We will soon know as I am in the Leeds court on the 07/02/07.

[too strong]

Can anyone advise how you approach calculating the contractual interest or provide a link to a thread that explains it in simple terms for my under developed brain.

 

Many thanks

 

Search under the name "Mindzai" I have used his calculation sheets which are self explanatory. Also read the posts around the subject of contractual interest to get a better idea.

[rougesept]

Good luck with everything in Feb too strong, I'll keep an eye out for an update - if it really gets that far that is!

 

Rouge

[stuflo]

My wife was issued against CAP 1, contractual interest of 27.9%. At first they wouldn't pay the COurt fee or the interest, wife sent another letter, they phoned the next day at 5.00p.m and said they would agree to pay the claim in full together with the contractual interest and court fee and the daily interest on top as a goodwill payment. They have said she should receive cheque in next 14 days. Result!

[too strong]

My wife was issued against CAP 1, contractual interest of 27.9%. At first they wouldn't pay the COurt fee or the interest, wife sent another letter, they phoned the next day at 5.00p.m and said they would agree to pay the claim in full together with the contractual interest and court fee and the daily interest on top as a goodwill payment. They have said she should receive cheque in next 14 days. Result!

 

 

What did your wife write for them to fold so tamely.

[Glenn UK]

FWIW

 

This strategy has been used by other banks/cc companies and its one of hte problems of accepting partial settlements. Basically it leaves you going to cuort over interest and this is somehting courts dont generally like. As a strategy i would suggest that for those who are offered partial settlements you dont bank them but write back to the defendant accepting the offer and ask them to confrim that before you dispose of the funds that they agree this is only a settlement on account.

 

You cannot unless their confirm their agreement spend or bank the cheque of course but it does mean that you can go to court for the whole amount i believe and stand more chance of getting interest due

 

JMHO

 

It would be useful if anyone with any relvant experience or knowledge coould comment

 

Glenn

[stuflo]

Wife sent not a nasty letter but this below:-

 

 

"I refer to your letter dated 19th January 2007 in response to the Court claim I have issued against Capital Once Bank (Europe)Plc for a total sum of £420.00 which includes Court fee of £50.00.

I would like to point out the following. Your offer to settle does not include the £136.44 I am claiming in contractual interest. I believe I am entitled to claim this and upon this basis if you are not willing to pay this £136.44 then I do intend to proceed to a Court hearing. I also note your offer makes no mention of a refund of the Court fee I have had to pay.

I do not understand the figures you are quoting I have been charged and refunded. The only money I have received in refund was a cheque received on Friday 19th January 2007 in the total sum of £72.00.

Therefore, I am willing to settle this matter on the basis that you refund me the charges you have taken in the sum of £200.00, contractual interest of £136.44 and Court fee of £50.00, making a total sum of £386.44 less the £72.00 I have accepted in part settlement leaves a balance due of £314.44.

I once again enclose a copy of the schedule of charges and interest I am claiming.

Once I receive the cleared funds I will notify the Court of the settlement to avoid taking up Court time.

I look forward to hearing from you.

[rougesept]

FWIW

 

This strategy has been used by other banks/cc companies and its one of hte problems of accepting partial settlements. Basically it leaves you going to cuort over interest and this is somehting courts dont generally like. As a strategy i would suggest that for those who are offered partial settlements you dont bank them but write back to the defendant accepting the offer and ask them to confrim that before you dispose of the funds that they agree this is only a settlement on account.

 

You cannot unless their confirm their agreement spend or bank the cheque of course but it does mean that you can go to court for the whole amount i believe and stand more chance of getting interest due

 

JMHO

 

It would be useful if anyone with any relvant experience or knowledge coould comment

 

Glenn

 

Does anyone have any advice on how to word this suggestion by Glenn? Cap One have started refunding all charges after MCOL but not interest or fees in the hope that going to court solely for interest will put some off (it won't). In my rejection letter I have included:

 

'I will accept the sum offered only as part settlement, and on the clear understanding that I will pursue recovery of the remainder with a County Court claim if necessary'.

I thought that covered it really? Advice would be appreciated

Cheers

Rouge

[millymollymoo]

Yes, contractual rate of 26.9% claimed

 

Charges total £600 + interest £244.33

Court cost £80

 

Paid in full with no trouble

 

I know Ukaviators claim was submitted online.Was yours?

 

Milly X:-)

[dori2o]

UPDATE:

 

Ok, decided to claim contractual interest, total claim £833

 

Received the standard 'charges reduced to £12, goodwill payment' balh blah.

 

But, my question is, do I say I will acept this (no payment included, just a form to sign to say I acept as closure) as a partial payment, or do I just go to LBA. I thought I had read somewhere that you should always accept offers as partial payments, then go for the rest.

 

Which letter should I use, should I send the letter back in the prepaid envelope they provided.

[Glenn UK]

'I will accept the sum offered only as part settlement, and on the clear understanding that I will pursue recovery of the remainder with a County Court claim if necessary'.

 

 

 

I thought that covered it really? Advice would be appreciated

 

Cheers

 

Rouge

 

Rouge that completely misses the point I'm afraid

 

You say something like 'I accept the money as part payment, can xxxx Bank confirm that you understand that this is part settlement the reminder is still owing?'

 

And then you wait for their response before cashing the cheque or spending the money.

 

HTH

 

Glenn

[ukaviator]

Hi Dori

 

Send them a letter accepting as partial payment to your calim. You will pursue them for the rest. There is a letter in the templates library or in my links below. Then send the LBA straight away. You won't get anymore from Mr Udy until you file with MCOL or the court N1 form. Give them the 14 days on your LBA though. I have sent it back in their prepaid envelope myself. If they complain say you are recycling your junk mail.

 

Good luck

 

Ukaviator