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iwgunter - vs - Capital One


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Sent Prelim letter

Cap1 failed to respond

 

Sent LBA letter for £315 charges and £1526.24 CCI at 34.9%

 

Cap1 have replied saying they will pay £99.

They have taken £15 off to cover a supposed outstanding amount ion my card since 2002 which isn't owed as the full amount went to a DCA and it all got paid up, so they are sending me a cheque for £84.

 

They have 1 week remaining before I start a claim against them.

 

Just out of curiosity, I did a MCOL for HSBC and claimed 8% as set out by the courts. I want to claim 34.9% CCI from Cap1, so do I just include that in the claim amount in the POC on the form?

 

Ian

Capital One - Charges

PAID OUT IN FULL WITH 8% INT

 

HSBC - Charges

PAID OUT IN FULL WITH 8% INT

 

Unfair Dismissal

PAID OUT FULL COMPENSATION

 

NCP PAD Parking 'Fine'

FULLY CANCELLED

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Sent Prelim letter

Cap1 failed to respond

 

Sent LBA letter for £315 charges and £1526.24 CCI at 34.9%

 

Cap1 have replied saying they will pay £99.

They have taken £15 off to cover a supposed outstanding amount ion my card since 2002 which isn't owed as the full amount went to a DCA and it all got paid up, so they are sending me a cheque for £84.

 

They have 1 week remaining before I start a claim against them.

 

Just out of curiosity, I did a MCOL for HSBC and claimed 8% as set out by the courts. I want to claim 34.9% CCI from Cap1, so do I just include that in the claim amount in the POC on the form?

 

Ian

 

really you should start your claim off, at the prelim stage if your going to go contractual as it will be added to your shedule then.

You could possibly resend your LBA along with a new shedule and give them another 14 days. But you cant claim the 8% as well. One or the other.:D

 

AL

-------------------------

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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Sorry, I forgot to say that I did state in the prelim letter the amount in charges and CCI. So they knew from the start that I am claiming that amount back.

Capital One - Charges

PAID OUT IN FULL WITH 8% INT

 

HSBC - Charges

PAID OUT IN FULL WITH 8% INT

 

Unfair Dismissal

PAID OUT FULL COMPENSATION

 

NCP PAD Parking 'Fine'

FULLY CANCELLED

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Share on other sites

Yes by al means go for the higher rate, several people though have been putting all three rates, unauthorized/over limit, say 34.9, purchase interest 24.5, and the standard 8%, to fall back to each one in turn if the high rate fails in the judges eyes, as the interest, is at the judges/courts discretion. So you would need to make out 3 separate schedules of charges. A lot of work but safe:)

 

AL

-------------------------

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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  • 1 month later...

Put the claim on with MoneyClaim.

 

Total amounts:

£315.00 in Charges

£1754.07 CCI at 34.9%

£2069.07 in total

 

Issued on 27/02/07 deemed served on 04/03/07 and CapOne have until 18/03/07 to respond.

Capital One - Charges

PAID OUT IN FULL WITH 8% INT

 

HSBC - Charges

PAID OUT IN FULL WITH 8% INT

 

Unfair Dismissal

PAID OUT FULL COMPENSATION

 

NCP PAD Parking 'Fine'

FULLY CANCELLED

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Wow ..well done.. now the wait.

 

Uk

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

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Just looked on MoneyClaim, and it shows that Capital One have now acknowledged the claim on 02/03/07

 

They're a bit keen aren't they?!?

Capital One - Charges

PAID OUT IN FULL WITH 8% INT

 

HSBC - Charges

PAID OUT IN FULL WITH 8% INT

 

Unfair Dismissal

PAID OUT FULL COMPENSATION

 

NCP PAD Parking 'Fine'

FULLY CANCELLED

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They sometimes put in a defence then pay out.. some have been acknowledged then pay out. Not long now..

 

Ukaviator

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

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  • 4 weeks later...

Got a letter back today from Cap1 with an offer of settlement. I did also work out my sums were wrong too, but not as wrong as theirs!

 

I've written a letter back to them saying:

Dear Sirs

After receiving your letter dated 27th March 2007, I have sought advice and feel that I cannot agree to your terms laid down.

 

I feel that your calculations and information are incorrect.

 

The charges I am claiming for are from when I first started the claim against you. Not from when the claim went to court.

 

Total Charges £315.00

Interest Charged at 30% APR Compounded £977.75

Court Charges £120.00

 

Total Claim £1412.75

 

I have included a copy of the breakdown of charges with this letter to show you my workings out. If I were to claim the 8% as offered by the courts, this sum would be £135.09 and not the £32.17 as stated in your letter.

 

Until I receive a cheque totalling £1412.75 I will not be classing this matter as settled.

 

I will be continuing with my court claim against Capital One and am looking forward to Capital One explaining their breakdown of the penalty fees applied to my account.

Yours faithfully

Going to post it tomorrow lunchtime, unless there are any obvious reasons not to.

Capital One - Charges

PAID OUT IN FULL WITH 8% INT

 

HSBC - Charges

PAID OUT IN FULL WITH 8% INT

 

Unfair Dismissal

PAID OUT FULL COMPENSATION

 

NCP PAD Parking 'Fine'

FULLY CANCELLED

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  • 3 weeks later...

30-03-07

Received the Notice of Transfer of Proceedings from Northampton County Court.

 

To all parties

 

A defence to this claim has been filed.

 

The claim has been transferred to the court covering the area where the claimant lives or carries out business.

 

Please read the accompanying documents carefully.

 

All further communication should be addressed to:

 

The Court Manager

Harlow County Court

......

Also attached to this was the dispensing of the AQ letter and Cap1's defence.

 

The date of the NoToF and Date Order Drawn are both 28-03-07

 

I've not heard anything back from Cap1 or the courts.

 

Should I pop up to the courts tomorrow and ask them what the next stage is?

 

 

Ta

Ian

Capital One - Charges

PAID OUT IN FULL WITH 8% INT

 

HSBC - Charges

PAID OUT IN FULL WITH 8% INT

 

Unfair Dismissal

PAID OUT FULL COMPENSATION

 

NCP PAD Parking 'Fine'

FULLY CANCELLED

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Not long now. . did the court paperwork ask for an AQ to be filed?..

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

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They sent the letter that says they are not requiring an AQ.

Capital One - Charges

PAID OUT IN FULL WITH 8% INT

 

HSBC - Charges

PAID OUT IN FULL WITH 8% INT

 

Unfair Dismissal

PAID OUT FULL COMPENSATION

 

NCP PAD Parking 'Fine'

FULLY CANCELLED

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Hi

 

Having gone through a Nat West claim for £4k successfully we now have a smaller claim (around £200) for Cap One. Can you confirm how you got to your 34.9% CCI rate? It's easier to ask as i cant find any references in this section.

WON £4000 v NAT WEST

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Ok. . that means the judge will make the call on how the case is to proceed. Just the wait now..

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

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