New Claim - Another Capital One

[bill-k]

Hi Doo - I followed your link here.

 

Do NOT multiply the monthly rate on your statements by 12 - that gives the wrong result. It's best to get the current annual rate from Crapitall's website, as it is the currrent rate that we must use throughout the claim. I believe 34.9% may well be right - but you should check.

 

You ONLY use one rate of interest throughout the whole spreadsheet, and you MUST put this in at the top of the sheet, along with the correct date.

 

You may have missed them, but there are 2 brief guides at the top of the Google Chambers index page. Have a read of those - they're fairly short, but useful.

 

HTH, matey.

[bill-k]

Anyway your difficulties with the spreadsheet, I edited the available ones, for Crapital I use =SUM(C8*0.0009572)*E8, where C8 refers to the cell where the penalty fee is, and E8 is the cell where the number of days since the charge was made is.

Sorry, I thought you were using one of Vamps compound interest sheets. What you are doing here is calculating simple interest, not compound. As this is neither statutory nor contractual, I would suggest you re-think this, as you will have no legal basis for your claim.

 

PS - You will also be losing out on some possibly serious dosh !!!!

[bill-k]

bill-k, am I not right then in using No: 13 in vamps chamber?

Yes, but why are you changing the calculation formula from compound to simple interest ? Contractual interest has to be applied at the contractual rate, which is whatever Crapitall's current annual rate is, and compounded daily. Any other way of applying the interest is not contractual. If you are going to claim simple interest, then you will have to use 8%, as statutory interest is the only simple interest you can lawfully claim here.

If you want to accept a lower offer when they make it, then by all means do - that is indeed your choice. But if you demostrate to C1 that you don't really understand what your claim is based on by claiming just simple interest, they may well decide that YOUR claim is the one that they will take up the steps and win. Don't give them that opportunity.

Start with the max. you are entitled to, then work down from there. Don't start halfway down the ladder with a nondescript rate - that is not good business, and certainly not good law, IMHO, matey.

[bill-k]

OK thanks for above posts, I take on board what you say bill-k on interest, and I did go on capital one site to check interest rate on credit cards but it seems so high, read other points and it all gets sooo confusing.

I have used that rate and they have paid.

Anyway back to spreadsheet, when I open No 13 there is an interest rate showing of 18.2 and so thought I obviously had to change it (hope I am not sounding too stupid, but I know lots of people have strugged and given up).

There are sample figures in the sheet, just to get you started. You have to put your own figures in !! Make sure that you have put the interest rate and the date in the boxes near the top. Then carry on filling it in (overwrite the first line with your figures !!)

I think I need an idiots guide, both hubby and I cannot work it out, we did normal spready for halifax and that was easy.

Here it is, remember ? >

You may have missed them, but there are 2 brief guides at the top of the Google Chambers index page. Have a read of those - they're fairly short, but useful.

[bill-k]

From what I understood when I asked and wait for bill on this!!!

 

No 13 is contractual compounded interest but simple (no balances required) and not trying to work out what portion of the interest charged is due to charges. It is purely contractual compound on the penalty charge from the date applied to current date of prelim sending!!

 

Bill am I right?

 

Milly X:)

 

My reasoning for going with 13 too, however did not adjust any formula, left the sheet exactly as it was for true compound interest!

 

Milly X:)

 

Sorry, Milly, I missed your posts above, and in my opinion that is entirely correct.

 

As Sergeant says, though, the bottom line is that we must all try and make our own informed decision, and not be forced into anything. It is indeed our individual choice in the end, as we are the claimants, so we're driving. Sergeant and I are both advising with our own ideas and opinions on this, and Doo must make her own decision. I just want it to be a properly informed one. The more reading up she does, the better.

[bill-k]

I am happy with my route ............. :D

Don't know about the Latin, and I don't like to think of this as gambling !!

 

I prefer to show the banks that I have something that makes sense in court. If they wish to haggle with me from there on down (and so far they always have) - then I'll do that. But I sure will try and get the max rate first. So far, I haven't had to accept anything less than my full claim. I issue my claim with every intention of taking it into court if the bank doesn't pay, hence my desire to get it legally acceptable. I prefer to be in as strong a position as possible when negotiating with these people. No wild cards and no jokers, if you like !!

 

If, however, one is doing one's best to avoid going into court, for whatever reasons one might have, then so be it. Many people are understandably petrified of the SCC, and have visions of bewigged, gowned gents peering down from wood-panelled thrones !! They just don't see it as three bods sat round a table out the back !!

 

Ask for less, and accept less. We must each take our own route, as you say, Sergeant.

[bill-k]

We are though after the same thing and different views are valuable.

 

Lets concentrate on the objectives, those thieving banks :D:D:D

 

Yes, indeedy, Sarge. Different routes toward the same goal.

[bill-k]

Sorry to shorten your life, Sarge !! I have previously done as Tanz says, and claimed the max rate, rhen lower rates in the alternative.

 

I agree, that just using legal "buzzwords" in itself doesn't impress the Judge (No more than using Latin !!! ) - and that the law is grey - not black & white. But I believe that if we can demonstrate tha twe have done all that a Litigant in Person could reasonably be expected to do, then that puts us at some advantage. Firstly, the bank will see that we do mean business, and are not just sticking our snout in the trough and hoping for a decent gobful with minimal effort. They will not see ours as the badly made case that they are definitely going to take inside and win. And secondly, if it does get inside court, we can show the court that we have made a diligent effort, and put ourselves in a good light.

 

I would also like to say that I find nothing to disagree with in your last but one post at all !!!

 

Praise the Lord.

[bill-k]

Thanks for the click on the scales whoever did. I wish people would put a name. lol

Sorry, it wasn't me, mate. That whittles it down to 99,999 I s'pose !!

[bill-k]

If you wanna post up the first line on your spready, doo, I - or someone - will check it for you.

[bill-k]

RedSonja, well done with your win. However, I should point out that, with compound interest, multiplying the monthly rate by 12 does not give you the correct annual rate. You would do better to find the current annual rate by checking online. If you claim gets in to court, there is a chance it could be thrown out, as the interest bears no relation to the contractual reality !!

[bill-k]

So....does it not matter that the interest I have been charged (when I shouldnt have been) was only 16.85% then?

No - when they charged you that interest, that was the current rate, then. When you now claim contractual interest, you are charging them interest, now, and at the current rate !!

Bill - I checked my APR with cap one and have used that, is that ok?

Yes, that's fine.

And yes thanks Bill for help with spreadys etc,your kind help you have given milly has been passed on to me and so on... one big happy family.

Also I about to do letter, the address I send it to - is this right.

Capital One Bank

Legal Department

4th Floor

Loxley House

Station Street

Nottingham

NG2 3HX

You might use this one later.

Hi doo,

 

I sent mine here:

 

 

Robert Udy

Executive Office

Capital One Bank (Europe) Plc

PO Box 5283

Nottingham

NG2 3YG

Yes, use this one. Leave R Udy off it if you want, but it's up to you - you might get somebody else dealing with it. I got M Daley.

 

Milly X

[bill-k]

Cheers, guys. A good day's work, then !! Time to put our feet up for 5 mins, eh ? !!!

[bill-k]

Sorry bill but computer said no! I have been told I must spread myself about a bit first before I can let you have that banana. You know what I mean. I will be there soon.

 

Tanz

Thanks for the thought, Tanz, mate !! No bovver. Actually, I never really looked that close at your spready totals - I was that busy today. But, yes, that is one sweetie of a claim, mate, and a very good example of the power of compound interest !! Just buy me a beer or seven when the time comes, eh ?

[bill-k]

It's one of my many, many grandchildren, Doo. A testimony to the power of the humble banana !!

[bill-k]

hi there doo

 

just about to start my m.c.o.l. and every time l put in my details of claim go to calulate it it shows a page about cookies could you advise me what i should do/ or can you only admitt the claim when the courts are open?

It might be just asking you to enable the use of cookies on your computer when using the MCOL site. Answer yes, and that might do the trick. There might be a yellow band near the top of your screen showing this.

 

HTH

[bill-k]

Hey Bill, nice to see you around the site this evening, I have just had a pm from someone needing help with spready, not really my area as you may remember, can I get her to pm you?

 

I have to tell you that there is currently a dispute over the quality of my advice and opinion. Until such time that it is adequately resolved, I do not feel able to safely offer any assistance. I am so sorry.

 

I do hope you will understand my concern that I do not give misleading advice until I feel that I have CAG's confidence. I can only suggest you try contacting these people with regard to this:

Vampiress,

Karnevil,

Jonni2bad,

RobertXC

 

Please accept my apologies

 

Bill.

[bill-k]

Then I received a letter from them 'please find attached copy of your CCA agreement' only it wasn't there lol, another letter on its way to them. Honestly in 2 days I have sent 4 letters. Anyway court claim will now be filed.

Interesting, doo - another standard tactic, this, then. I got exactly the same letter back from them - without the CCA agreement enclosed !!

 

PS- thanks for the - er - positive feedback just now !! 8-)

[bill-k]

No, I didn't, Doo - but TBH, I haven't replied yet.

I have a "cunning plan." - Will PM you.

Minor hijack, if I may:-

 

HAS ANYBODY ELSE BEEN TOLD THEIR CAP ONE

CCA AGREEMENT WAS ENCLOSED, WHEN IT WASN'T ?

 

If that has happened to you, by all means PM me to save hijacking Doo's thread. Thank you.

[bill-k]

Me too:-

 

Capital One Bank Europe Plc.

350 Euston Road

London

NW1 3JJ

 

Then later, the sols:-

Attn: Wendy Starr

Capital One Bank (Europe) Plc

Legal Department

Loxley House

Station Street

NOTTINGHAM

NG2 3HX

[bill-k]

Doo, as i recall you had them play their trick of sending you a "phantom" agreement in response to your CCA request.

 

I can tell you that this is another of their tricks, which they have been using. They know, because they see what goes on here, hoe confusing contractual interest is for many people. They know that they can confuse you and get you to doubt your figures. They are not confused about it, believe me, they are confusing you. Don't let them

 

I honestly can't remember if I've checked your figures or not, but I will be glad to. PM me if you'd like me to.

 

Bill.

[bill-k]

Well done, doo - good to see you knocking 'em off, now !!!