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Trudyscrumptious76 v Cap One


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Hello. I not sure if I can pursue this one further due to the length of time that has passed but would be grateful for any advice. I started the whole procedure last September, but due to illness from October - December I was unable to keep up with my claim. (i'm ok now!!:smile: )

 

My query is, I received a letter dated 30/11/06 and it says in part ..."As you may be aware the OFT are not challenging the right of banks to charge default fees, but merely the level of those fees. Although we feel our fees are just, we have reduced our fees to £12 so that we're in line with our competitors. I appreciate that you've incurred previous fees at the higher rate and would like to address this.

 

As a matter of goodwill i'd like to reduce these fees to £12 each, so Ive refunded £88 onto your account today.

 

I can see in April 2004 we agreed a settlement amount for your account and it left a balance or £151.86 this shows as partially settled on your credit file. I'll let the credit reference agencies know that your new balance is £63.86. If you want to, you can pay this amount and your credit file will show as fully settled. If you decide not to pay it will continue to show as partially settled.

 

I understand you feel the default was added incorrectly and you would like it removed. The default was added correctly and in accordance with the agreement you sighed when you opened your account. It will remain on your credit file for six years from the date we sent you the statement of default."

 

I have 2 questions. Is it worth me pursuing this in view of the time scale? Secondly the default only occurred because of the charges being added month after month. Can I get it removed? Has any one else succeded. I'm sorry if these issues have already been addressed in other posts, I did search them but couldn't see anything close to mine.

 

Thanks for taking the time to read this. If you can help I'd love to hear from you.

 

Thanks again

 

(sorry about the shocking grammar/spelling I'm on my lunch break and typing as fast as i can!!!!:lol: )

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Well I am now outraged at Capital Ones behaviour! They say they are crediting some of my claim against a partial settlement. I finally got around to organising my paperwork last night and found the receipt from the finance company who took over the debt and I have paid the outstanding amount they say I owe them.

 

As this was the 1st claim I put in I only did a simple claim with no interest or contractual interest added. As I am going to write to them regarding this theft of my money is it legal to change my claim adding on the interest and contractual interest I had got to the LBA stage.

 

Thanks in advance for reading this and any help that can be offered.

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Hi Trudy

Did you send a Prelim letter with a shedule?

 

If you did i believe that you could restart the procedure with contractual compounded interest on the total, but minus their refund.

 

The one thing i am certain about is, if your default was due to the penalties then yes it can be removed, but you must state it in your next letter.

 

just put in a paragraph on your prelim or lba to the effect you will deem the claim satisfied untill the default is removed.

 

AL . Smile:D

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

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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Hi Al, I have posted my letter below. Not quite as posh sounding as others but I hope it gets the point across!:p

Dear Mr Udy

Thank you for your letter dated 30/11/06. In it you state that in “April 2004 we agreed a settlement amount for your account and left a balance of £151.86 this shows as partially settled on your credit file. I would like to draw your attention to the enclosed copy of a letter from NCO Financial Services (UK) Ltd where it shows that this final payment has been paid and therefore I do not owe you anything.

I am quite shocked and disappointed by the fact that you are taking money off an amount that you owe to me. I have reflected this in a revised claim.

I accept the payment of £88 only as partial payment of my claim for £200 plus £3.05 which you have charged me in special purchase interest for the sum which you have taken. Plus £XXXXX compounded contractual interest. This makes a total of £XXXX

As I was defaulted as a direct result of the penalties levied against me I will not deem the claim satisfied until this default is removed. This default occurred merely in respect of unlawful charges levied by you, or was the result of impecuniosity’s caused directly from the taking by you of penalty charges which you had applied unlawfully to my account. Please note that a mere correction or amendment to the entry will not be acceptable.

I enclose a schedule of the charges which I am claiming with this letter.

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

Yours

Can you also see if you think I have filled in my spreadsheet correctly. I have added the interest rate but it seems rather low.

STATEMENT DATEDETAIL OF PENALTYPENALTY CHARGED34.9% ON PENALTIESINTEREST ON PENALTIES34.9% ON INTEREST ON PENALTIESTOTALS:200.00230.863.053.4721/06/2003Overlimit fee charged20.0025.010.100.1321/07/2003Overlimit fee charged20.0024.440.190.2321/08/2003Late payment fee charged20.0023.850.280.3321/09/2003Overlimit & late payment fee charged 40.0046.510.430.5021/10/2003Overlimit & late payment fee charged 40.0045.360.600.6821/11/2003Overlimit & late payment fee charged 40.0044.171.451.6021/12/2003Overlimit fee charged20.0021.510.000.00

Can there only be £30 extra after adding the 34.9%. On the one hand I'd be happy I actually managed to fill it in correctly on the other hand there goes my villa in the south of France!!!:D

Thanks so much for your help, your making a stressful situation so much easier. I thank you on behalf of my husband to who has a calmer wife now!!!!

Cheers

Sadi

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I think i will try to get someone to look at your Shedule over the weekend and im sure your letter is fine but needs tweeking. Ill sort something;)

 

Al:)

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

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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Sadi can you please try to post that part of your SS again as it is not very legible ,to me anyway.

Thanks AL:)

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

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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Hi Sadi, Al just asked me to take a look. You're using the wrong spreadsheet for contractual interest. You have to use one that calculates compound interest, and not simple interest, which is the one you are currently using. Using the correct spready will add over £200 extra to your total claim, so it's worth getting it right.

 

I suggest you use Vampiress's No. 16 in her Chambers.

 

Vampiress’s Google Chambers:

https://www.google.com/accounts/ServiceLogin?service=wise&passive=true&nui=1&continue=http%3A%2F%2Fspreadsheets.google.com%2Fccc%3Fnew

 

Hope that helps,

 

Bill

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