Redsonja Vs Cap 1 - ***WON with CI***

[paulwilko]

Hi Red Sonia,

I am in the process of filling out my N1 form for claiming against cap1 contractual interest. Just wondered if you have any details re what to enter in the particulars of claim.

thx Paul

[redsonja]

Hi Paul. Im not quite at that stage now sorry as I have had to send a revised LBA to Cap 1 today as the interest rate I quoted initially was too low.

Try this thread, bit of a long read but if the info isnt there Im sure people will be able to help you on this one. Good Luck with it!

Contractual Interest

 

Uk - It certainly does and it will feel even better when Ive kicked their A*s*s

[paulwilko]

Hi Sonia

 

Thanks for that I found another thread involving milly molly moo which has the details.. you may want to save the details for when you get to the n1 stage..

 

cheers paul

 

http://www.consumeractiongroup.co.uk/forum/capital-one/35856-sarahpp-capital-one-2.html

[redsonja]

Received a letter dated 12th Feb and I only got it today (21.02) saying they are writing back to me out of courtesy as already sent final response and offer of £120 wont increase! Oh yeah! well it will when it gets to court Mr Udy!

[doo]

Same here re: date, received letter today dated 12 Feb, honestly they are the limit. Are you filing court action this week?

[redsonja]

lmao doo! I just replied on your thread!

Ive gotta do some readin up now for court stage but hope to do it asap.

[Brad Smith]

Hi Sonja, I'm obviously a few weeks behind you, but thought I'd "tag" onto yours to prepare myself for my future developments...good luck with the claim

[redsonja]

Yo Brad, cheers. It seems that the strategy from Capital 1 is the same across the board so doubt you will find any surprises.

[TANZARELLI]

Received a letter dated 12th Feb and I only got it today (21.02) saying they are writing back to me out of courtesy as already sent final response and offer of £120 wont increase! Oh yeah! well it will when it gets to court Mr Udy!

 

Standard tactic from "Cr@p One Out" keep going not long now, they will bottle it and cough up.

[redsonja]

Thanks Tanz.....just reading up on the court info as this will be the 1st one I have filed....and no doubt many more to follow!

[TANZARELLI]

I would go down the N1 route as you have more room to add POC Particulars Of Claim).

[redsonja]

Yes I thought that thanks. Do you know where there POC details regarding CCI?

[TANZARELLI]

Hope this helps:

 

PARTICULARS OF CLAIM

1. The Claimant has an account XXXXXXXX ("the Account") with the Defendant which was opened on or around **/**/****.

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimants contend that:

a) The charges debited to the Account, as outlined in the attached schedule, are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. In the event that the charges are not a penalty, they are unreasonable under The Supply of Goods and Services Act 1982 section 15. The Defendant has declined to justify the charges.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of The Unfair Terms in Consumer Contracts Regulations (1999) paragraph 8 and schedule 2(1)(e), The Unfair Contracts Terms Act 1977 section 4 and the common law.

5. Accordingly the Claimants claim:

a) the return of the amounts debited in respect of charges in the sum of £XXXX and interest charged thereon in the sum of £XXX.XX;

b) Court costs;

c) the additional costs incurred by the Claimant in the writing and sending of letters to the Defendant pursuant to this claim in the sum of £XX, as set out in the attached list of costs.

d) the Claimant claims contractual interest at a rate of **.**%, from the date of each transaction to (date of claim issue) of £XXX, as set out in the attached list of charges. The claimant further claims interest at the same rate up to the date of judgment or earlier payment, at a daily rate of £X.XX per day.

The account’s Terms and Conditions specify the interest payable on unauthorised drawings from the account. We hold that this applies to unauthorised drawings by the Defendant as well as to unauthorised drawings by the Claimant. Should the court deem this incorrect, the Claimant claims the rate to be justified under the principle of mutuality and reciprocity, and is based on the Defendant’s unauthorised overdraft interest rate that would be applied under the terms of the above mentioned account.

Should the court find that this interest rate is not applicable, then in the alternative the Claimants claim contractual interest at a rate of **.*%, from the date of each transaction to (date of claim issue) of £XXX.XX, as set out in the attached list of charges. The Claimant further claims interest at the same rate up to the date of judgment or earlier payment, at a daily rate of £X.XX per day.

The account’s Terms and Conditions specify the interest payable on authorised drawings from the account. We hold that this applies to authorised drawings by the Defendant as well as to unauthorised drawings by the Claimant. Should the court deem this incorrect, the Claimant claims the rate to be justified under the principle of mutuality and reciprocity, and is based on the Defendant’s authorised overdraft interest rate that would be applied under the terms of the above mentioned account.

Should the court find that this interest rate is not applicable, then in the alternative the Claimants claim interest under Section 69 of the County Court Act 1984 at the rate of 8% per annum calculated from ************* to ***********, which is £XX.XX and continuing until payment or the date of judgement at a daily rate of £X.XX.

I believe that the contents of these particulars of claim are true.

Signed:

Date:

[doo]

redsonja, how are things? Have you submitted your claim yet if not when are you due to start proceedings. Am also hunting for a POC and am reading above, some bits do not apply ie unauthorised rate, as I am not claiming that, think I am right.

[redsonja]

Hey Doo....nice to hear from you.

I was due to file ages ago!!!! I was hanging on due to the turn in tide with contractual but have decided I am still going to go for it...worse case scenario.....judge says I cant have it .......I am going to do a back up of charges to show the charges and the actual amount of extra interest I paid to this account due to these charges.

I have been scouting around for POCs and only just noticed Tanz has posted this on here (notification emails seem to be going a bit funny lately!) anyway....thanks Tanz for the POCs (sorry for the delay in thanking you).

It does look as though some of this refers to a bank account rather than Credit card so I have picked out some from here and some from Rouge's thread.

Im hoping to get it all done and then take it to court on Monday. Watch this space! Lets bombard them together doo!

[doo]

I sometimes have trouble with e-mail notification but when I check notification some are weekly, so now I just checks list now and then and make sure they are instant. Anyway, I really like Rouge's POC, but I need to add a bit about the default as well so will need to add to this. Also am trying to find the para that Rouge did not use 'unduly enriched' just wanted to read this, have had no luck tracking this down but have sent a pm to Bong.

[redsonja]

Hey doo, did you find the paragraph you were looking for?

[neathboy2]

Stick with it guys once the county court notice MCOL etc. have been served on Cap One they will initially respond indicating that they intend to defend the claim- Don't worry this is a standard response and they will settle in full within a matter of weeks. Good luck guys and lets get more results for the good guys. :rolleyes: :rolleyes:

[doo]

yes, sarah has posted me a link on her thread, will be looking at it later, I have had company since Friday evening and they have only just gone, I now have withdrawal symptons from not using this site since early Friday.

[redsonja]

Cheers Neathboy....I was supposed to post my N1 today but like a dosey mare I left the schedule of charges on the side...doh! It will defo go Monday though!

[redsonja]

Withdrawal symptoms doo???!! are you mad? lol.

My poor little ones have been rather neglected lately so I cant wait to get this done and dusted as it seems to have dragged on for ages. I think once we file one claim any others will be pretty plain sailing....I hope!

[neathboy2]

Your right Sonjia once you've been sucessful with one it does give you the confidence to go ahead with another . I did my first one against Alliance and Leicester and was nervous about what i was doing all along but when you get that letter saying that they willl settle in full its a great feeling knowing that you were right and the BIG GUNS were wrong. Good luck get that N1 posted ASAP.;-) ;-)

[redsonja]

Ok Boss

Its in envelope, ready to go Monday morning!

[doo]

Hi redsonja, have only just managed to get back on here, I see you are all ready for Monday, I have the house to myself in the morning so will get to it too, I can concentrate more then. Which POC did you use, was it the one Tanz has posted up for you?

[redsonja]

Hey dooby doo.

I used the one Bong posted on Rouges thread and slightly changed the odd bit as Tanz refers to unathorised etc so I will refer to this when I do my Halifax claim.

I have 2 other claims ready to file for court and I was going to do them tonight to get them out of the way but unbelievably my printer has just run out of ink.....that'll be all the work it has been doing lol.