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

[doo]

Nice one sonja, good to have this one out of the way.

[ukaviator]

Well done. . . congratulations..

[c_allen]

congrats sonja, well done

[Paintball]

CONGRATULATIONS

 

vERY

[Paintball]

Oops, computer at work is doing very strange things this morning! That should read:

 

CONGRATULATIONS

 

Very well done to you Sonja; it;s well deserved

[jubaxt]

Congrats!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!1

[jubaxt]

I've Just Sent Sar To Crap 1 But Find This Business Of Cc1 Really Daunting-i'm Not Great When It Comes To Spreadsheets Etc-are There Plenty Of People On The Site Who'd Help???

[Brad Smith]

congratulations again sonja

[redsonja]

I've Just Sent S.A.R - (Subject Access Request) To Crap 1 But Find This Business Of Cc1 Really Daunting-i'm Not Great When It Comes To Spreadsheets Etc-are There Plenty Of People On The Site Who'd Help???

 

Yes there is plenty of people to help you. There are also lots of threads which discuss it so have a read up on it so you understand the context of CCI. The start your own thread and if you are not getting answers, post a link to it here and I (and probably others) will take a look for you.

 

Good Luck

 

Thanks again folks for the "well done's" :-D

[Janeyh]

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:

 

 

 

 

Hi Tanzarelli,

 

I've just got to the stage of starting court proceedings against CapOne through the N1 form and have found your POC above extremely helpful. Just one query though, you have mentioned in 5.(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"

 

and then later in 5.(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."

 

I am also claiming contractural interest and am confused as to what the first interest you refer to in 5.(a) is.

 

Thanks in advance for your help

[chezt]

Well done! I missed this news ... just goes to show that you can win CI despite what is being said here to the contrary ... WELL DONE

[redsonja]

Cheers Chezt. I have just got judgement against 2 other claims with CI too so its definitely worth pursuing isnt it!

 

Janey - I will let Tanz answer you on that one as I used a different one in the end as his POC related to bank account in my view and I wanted one more specific for credit cards

[Janeyh]

Cheers Chezt. I have just got judgement against 2 other claims with CI too so its definitely worth pursuing isnt it!

 

Janey - I will let Tanz answer you on that one as I used a different one in the end as his POC related to bank account in my view and I wanted one more specific for credit cards

 

Thanks redsonja, and well done re. your win !! You whooped their ass

[chezt]

Cheers Chezt. I have just got judgement against 2 other claims with CI too so its definitely worth pursuing isnt it!

 

 

I agree - I've added it to all my claims & have had some success so far ... Well done again