New Claim - Another Capital One

[doo]

Blimey, Tanz and Sonja, how quick were you two responding, much quicker than cap one thats for sure. OK, lets see 2 weeks, that would be soooooooooooooo goooooooooooood for dooooooooooo - hey sonja your funny mood is catching

[doo]

By the way Tanz v.cute baby.....

[TANZARELLI]

By the way Tanz v.cute baby.....

 

Why thank yoooooooouuuuu doooooooooooo

 

Sh*t I got it tooooooooooo doooooooooooo

[redsonja]

I asked for exclusive access to your post doo by email notification....

[redsonja]

lmao Tanz.

We are the dooooooo crewwwwwwww lol

[doo]

I asked for exclusive access to your post doo by email notification....:grin:

 

and it seems to have worked lol

 

Tanz - hope it all wears off by tomorrow lol

[doo]

I keep laughing now - hope cap one doesn't wipe the smile from my face or I will be pooooooooooooor dooooooooooooooo

[redsonja]

Lets hope it wears off like the fluuuuuuuu doooooo. lol

 

It wont be pooooo doooo or you can sueeeeee doooooo lmao...Oh dear I am having a belly laugh at my own jokes lol.

 

Sorry, must stop clogging your thread up!

[doo]

No worries sonja, clog away, can't stop laughing now ...........

[redsonja]

thats so trueeeeeee dooooooo, neither can I lmao....

[TANZARELLI]

I keep laughing now - hope cap one doesn't wipe the smile from my face or I will be pooooooooooooor dooooooooooooooo

 

More like poooooooooooooo dooooooooooooo.

 

Like thats gonna happen

 

Tanz

[doo]

Well I hope not Tanz, will be waiting for Mr Postman in the mornings thats for sure. Roll on next 2 weeks. By the way has all your credit file stuff with cap one been sorted now?

[TANZARELLI]

Well I hope not Tanz, will be waiting for Mr Postman in the mornings thats for sure. Roll on next 2 weeks. By the way has all your credit file stuff with cap one been sorted now?

 

No call credit is still showing and I am still waiting for equifax and experians to come through the post, might call tomorrow in not on the mat.

[doo]

Ok guys I need some help and advice, got my letter this morning and they are disputing paying my contractual interest.

 

They have offered me full charges, court fee and and total purchase interest paid on the account plus 8% statutory (the 8% stat they offered is completely wrong amount anyway according to my spready).

 

They also state that my calculations are incorrect, and that default fees charged to any account are always charged at the purchase interest rate. Also they state under the statute of limitations I can only claim for six years from the issue date of my claim. Now do they mean date of court claim?. My prelim letter was sent to them on 1 Feb 2007 and my first charge is dated 6 February 2001, I was careful with this and did not include any charges dated before 1 Feb 2001.

 

They go on to say that by paying back this purchase interest I will not have paid any interest to them on purchases since March 2001.

 

Basically it makes my claim short of around £1,000 and they say they have paid my balance off my card (I don't mind that - fair enough it's what I expected and wanted) and they have sent me out a cheque for the remainder and that they have informed the court and that I must do the same.

 

I am not going to accept this so want to fire a letter off to them today and I guess ought to tell the court my claim has not been settled.

 

Help needed and moral support.

[sea-sidelady]

Hi Doo,

As for the advice you have a great back up. But for the moral support, you got it.

[doo]

yea, just waiting for the cavalry, thanks for replying though, was feeling a bit lonely. Am just typing letter, will post it up for comments.

[doo]

OK guys, I guess you are all at work/lunch, have a look at this letter will you Tanz/Sonja and give me some comments.

 

 

I am in receipt of your letter dated 17 April 2007.

 

I am afraid I will not be accepting your offer, my claim still stands for the full amount as per the court claim. I am enclosing with this letter an updated spreadsheet as per todays date to update you regarding daily interest that is accruing.

 

As my POC states I am claiming compound contractual interest at 26.94% which is the rate that was confirmed by you to have been applied to my account. It also further states that ‘in the alternative’ should the court find that the claimant is not entitled to contractual interest, the claimant claims interest under section 69 of the County Courts Act 1984. Now having gone ahead and issued this claim I feel it is now for the Court to decide on the interest applicable and not Capital One. As such my claim still stands as before and I will be informing the court to that effect.

 

As far as the Limitations Act is concerned my preliminary approach for repayment of these default fees began on 1 February 2007 and my first charge date was 6 February 2001, keeping me within the six years.

 

I think you have been presumptuous in already clearing the balance on my card and sending me out a cheque – please remove the credit on this account and when I receive the cheque I shall return it to you.

 

I would also like to add that negative information is still showing against this account and I trust you will keep to your word and remove this account from my credit file as soon as the outcome of this claim has been finalised.

 

I trust this clarifies my position that court action will continue.

[sarahpp]

OK guys, I guess you are all at work/lunch, have a look at this letter will you Tanz/Sonja and give me some comments.

 

 

I am in receipt of your letter dated 17 April 2007.

 

I am afraid I will not be accepting your offer, my claim still stands for the full amount as per the court claim. I am enclosing with this letter an updated spreadsheet as per todays date to update you regarding daily interest that is accruing.

 

As my POC states I am claiming compound contractual interest at 26.94% which is the rate that was confirmed by you to have been applied to my account. It also further states that ‘in the alternative’ should the court find that the claimant is not entitled to contractual interest, the claimant claims interest under section 69 of the County Courts Act 1984. Now having gone ahead and issued this claim I feel it is now for the Court to decide on the interest applicable and not Capital One. As such my claim still stands as before and I will be informing the court to that effect.

 

As far as the Limitations Act is concerned my preliminary approach for repayment of these default fees began on 1 February 2007 and my first charge date was 6 February 2001, keeping me within the six years.

 

I think you have been presumptuous in already clearing the balance on my card and sending me out a cheque – please remove the credit on this account and when I receive the cheque I shall return it to you.

 

I would also like to add that negative information is still showing against this account and I trust you will keep to your word and remove this account from my credit file as soon as the outcome of this claim has been finalised.

 

I trust this clarifies my position that court action will continue.

 

Doo- I can't type much -op on my hand

 

Your letter is exactly the same as mine and their defence will contain no reference to the lawfulness or otherwise of the charges.

 

B4 you send your letter, have a look at Bong's 13 year+ HSBC thread for arguments against the use of the Statute of Limitations as they will use this as their defence. I have seen banks back off quicker than a dog at bathtime when they have Bong's argument used. You will need to use s32.

 

Hope to be more support soon

[redsonja]

Hey Doo,

 

Right, dont panic lets look at this in more detail as I dont understand how I got full offer and you got offer with 8%.

 

Can you post a copy of their letter up?

 

Before you sent your spready, did you get anyone to check it was filled in correctly?

 

I have read this is their new tact on some other threads but thought it had changed due to my letter.

[doo]

Hey sarah, thanks for that will look now.

 

sonja, good afternoon, I am useless with scanner but will type up bits of interest, can you confirm to me though about the 6 year bit. As I started my claim on 1 Feb 07 (prelim) and my oldest charge is 6 Feb 01 am I right or not?

 

Now I think it was you that checked first few (don't think it was rougesept but will check) charges and you can back with same figures and did Bill-k, used google spready No.13. Just put date of charge, reason and amount and obviously my interest figure, felt quite happy with it as I did take my time.

 

I have read virtually same reply I got on another thread and I thought it was perhaps because my claim was a biggish one but hers is a small one, so can't fathom it out. Will type up bits of letter now.

[doo]

I write in connection to the above court claim, which you have issued again Capital One Bank (Europe) plc. I have now had the opportunity to investigate your claim of £3,107.51.

 

It is denied that these fees are unlawful and they are detailed in your terms and conditions and in our customer welcome pack. Our fees are based on the costs we incur when a customer breaks their contract by making a late payment, failing to make a payment or goes over their credit limit. The fees are only levied when a customer breaches their contract in this way and can be avoided if payments are maintained and the account kept within the credit limit.

 

Capital One has acted in accordance with the terms and conditions of your credit agreement throughout this matter and it is clear you have no claim against Capital One.

 

After reviewing your request for £1,951.51 to cover the interest, I can confirm that your calculations are incorrect. All default fees charged to any account are always charged at the purchase interest rate. Under the Statute of limitations you can only claim for the last six years of charges from the issue date of your claim. The total amount of purchase interest we have ever charged to your account since February 2001 is £592.90. This amount includes the interest on all of your purchases and only a very small portion of this figure has been charged on the default fees. On the basis of the above, I cannot agree to the proposal of refunding to you the sum of £1,951.51 to cover the interest.

 

However, I am prepared to offer, without any admission of liability, a refund of the total amount of interest charged to your account in the sum of £592.90. I'll also refund the sum of £219.60, which is the 8% you are entitled to claim under section 69 of the County Courts Act 1984. It also means you will have held an account with us since March 2001 without having to pay interest for any of your purchases.

 

Along with the above offer to refund the interest, I also agree to refund the default fees totalling £1,036 and the court fee of £120. This brings my total offer to £1,968.50, and I've refunded this to your account today. This has cleared your balance and I've arranged to send you a cheque for £756.39 today. It should arrive within 14 working days.

 

I hope I have explained things clearly for you and we can move on from here. I would finally request that you contact the court to confirm the settlement and discontinue your claim. This is very important as it is your responsibility to inform the court that your claim is settled and avoid wasting any further valuable court time. We have also written to the court to confirm that we have paid in full.

 

Signed from Graham Daley

 

 

There it is sonja - thats the whole letter typed word for word.

[sarahpp]

Hey sarah, thanks for that will look now.

 

sonja, good afternoon, I am useless with scanner but will type up bits of interest, can you confirm to me though about the 6 year bit. As I started my claim on 1 Feb 07 (prelim) and my oldest charge is 6 Feb 01 am I right or not?

 

Now I think it was you that checked first few (don't think it was rougesept but will check) charges and you can back with same figures and did Bill-k, used google spready No.13. Just put date of charge, reason and amount and obviously my interest figure, felt quite happy with it as I did take my time.

 

I have read virtually same reply I got on another thread and I thought it was perhaps because my claim was a biggish one but hers is a small one, so can't fathom it out. Will type up bits of letter now.

 

You are right I think Doo - I think it is because it is a large claim (so is mine)and because they think they can cloud the issue by using the Statute of Limitations (which they can't)

 

I have an extra large court bundle coming their way

[redsonja]

Doo.

Ive just got to sort the children out etc so I will have a proper read later on if thats ok. Yes you are quite right with the 6 years stuff. Sounds like they are full of cr*p to me. I will come back to you in a bit.

I dont remember checking your spready but if Bill did then it must be right.

[doo]

sonja, thats fine - get back to me later, perhaps I pm you a few figures and dates and you could have a check for me?sarah, Yep agree, have checked out Bongs thread and printed out relevant bit to add to letter, just to get this right my oldest charge is 6 Feb 2001 and my most recent charge was 10 July 2006. Obviously I update spreadsheet to accrue interest to current date. Keep questioning myself now. I am now gonna check out your thread.

[redsonja]

Sorry for delay doo....children were a pain tonight, finally in bed though.

 

Right....it seems to me as though they do not understand the contractual interest part. YOU are charging THEM for having your money and they do not seem to grasp this. I think you may need to explain you are claiming contractual interest hence the total and put the contractual blurb in the letter (if you havent already).

 

It does seem though that they are agreeing to pay you back all your charges + all debited interest from your account since 01 + 8% Stat interest + court fee.

 

Obviously it is your choice whether to accept it or fight on for the contractual element. I would say though that if you do fight on at this stage, you must fully understand the arguement for contractual. I dont want to frighten you at this stage but just want to be sure, you can fight the contractual arguement if you went into court. I havent read the other threads but hopefully they have helped.

 

I will PM you my email addy....chin up