thesergeant v Crapitol 1***WON***

[thesergeant]

OK here I go again ................

 

Initial letter served on Crapitol, usual template plus good old Contractual interest ............

 

>>>

 

Contractual interest is applicable to my claim. I calculate that you have taken £673.00 which you have charged me in late payment and overlimit fees. I expect full settlement of my claim, the balance of which is £673.00, plus simple interest (34.9% equivalent to your current APR rate for classic card holders) of £965.84; Total owed: £1,638.84. I am enclosing a copy of the schedule of the charges which I am claiming.

 

>>>

 

No response as yet

 

[Guest Battleaxe]

Good luck with your claim.

 

Capital One is as bad as the rest of them. Dont'e be beguiled if they try to deter you from making your claim. They have tried this with me, so it is off to court we go. The only way is to make them see you are serious about this quest.

[thesergeant]

I have received the standard response letter from Robert Udy. They are in the right I am in the wrong and "I'm afraid we won't give you a full breakdown of our costs to reassure you they're fair." Blah blah blah - pitiful offer of £186 as goodwill gesture.

 

LBA on its way to them.:D:D:lol:

[Guest Battleaxe]

Glad you got the same fan mail from Mr Udy. He is consistent.

[doo]

Will be watching your thread with interest, have just got my statements this morning and am trying to decide whether to go for contractual interest. Good luck.

[thesergeant]

Dear all,

 

Had the usual mail from Mr Udy. Answer to LBA sorry but we dont pay out, have the £186 offer or nothing.

 

Ummmmmmmmmmmmm - No Deal :D:D

 

Attended Chelmsford CC with my claim today.

 

My N1 particulars are as below, I have added section 6 and an appendix with the Crap1 settled cases. Thought this may bring to the attention of the Court the fact that the banks are deliberately abusing the justice system to put customers off claiming. Any thoughts ??? :-)

 

>>>>>>>>>

1.The Claimant has an account ++++++++++, with the Defendant which was opened on or around 20th June 2001.

 

2. During the period in which the Accounts have been operating the Defendant debited numerous charges to the Accounts 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 Claimant contends that:

 

a) The charges debited to the Accounts, 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 Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £682.00.

 

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, and the statutory access request in the sum of £12.52, as set out in the attached list of costs.

 

d) the Claimant claims contractual interest at an annual rate of 27.56% per annum, from the date of each transaction to 21st February 2007, which is £760.37, as set out in the attached list of charges. The Claimant further claims interest, on the resulting total of £1442.37, at the same rate up to the date of judgement or earlier payment, at a daily rate of £1.09 per day.

 

e) The account’s Terms and Conditions specify the interest payable on unauthorised drawings from the account. The Claimant holds 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 purchase interest rate that would be applied under the terms of the above mentioned account.

 

f) Should the court find that this interest rate is not applicable, then in the alternative the Claimant claims interest under Section 69 of the County Court Act 1984 at the rate of 8% per annum calculated from the date of each transaction to 21st February 2007, which is £221.54 and continuing until payment or the date of judgement at a daily rate of £0.20.

 

 

6. The defendant has many similar claims litigating or in the process of doing so, on the same issue of contractual penalties. However not a single case has gone to a hearing. The Claimant attaches a list of 39 cases complete with County Court references, of which the defendant is aware since February 2006, all being settled before hearing. The Claimant believes the actual number of cases to be far higher however the attached list contains those cases where sufficient information is known in the public domain. The Claimant believes that the defendant in the instant case has no intention of going to a hearing. The Claimant further believes that the pattern of cases settled so far suggests very strongly that the defendant is merely using the justice system as a publicly funded means of intimidating their customers who pursue legitimate claims to dissuade them from pursuing their legitimate Right. The Claimant submits that this is an abuse of the justice system and of the public resource.

 

 

 

I believe that the contents of these particulars of claim are true

 

~>>>>>>>>>>>>>

[roadrunner]

Brill...will be watching with interest No pun intended !!!

 

Have just received statements from an old Cap 1 account which my hubby had, His charges total 354.00 but if I add contractual interest, it jumps up to 813.04!!

Have been toying with the idea of claiming cci rather than the basic 8%, as you'll see from my thread.

Figure I may as well start higher then I could always accept less.

Good luck with it anyway

[thesergeant]

Crap1 acknowledged my claim, but failed to state whether they were defending all or part of it.

 

I look forward to accepting any partial offer and pursuing the remainder :D

[thesergeant]

Good old Capital One have not responded to the Courts request for clarification.

 

Therefore I have requested judgment against them ..............

 

Lets see if that shakes them up !!! :smile:

[thesergeant]

GOALA

Good old Crap1:razz:

 

Letter received today, not surprising as I sought judgment against them two days ago.

Lovely letter from Graham Daley from the executive Office. They deny everything and I should accept that it is clear that I have no claim against Crapital One. (Yeh right:cool:)

However (here we go) after reviewing my request (??) the can confirm that my calculations are incorrect. Blah Blah, prepared to offer, blah blah.

We have paid into your account £1205 to settle this matter, please tell the court and leave us alone, close your account if you want. It brings a tear to my eye, poor things:razz:.

Any way problem is they don't realise that it's a "partial" settlement yet. My claim stands at £1580.81 + £1.09 per day.

 

Their figures are all over the place, and the letter has the wrong claim number attached

 

ANYONE OUT THERE GOT CLAIM NUMBER 7QZ01525 ?

So Crap1 I'm still after you for my £375.25 + £1.09 per day

[TANZARELLI]

GOALA

 

Good old Crap1:razz:

 

Letter received today, not surprising as I sought judgment against them two days ago.

Lovely letter from Graham Daley from the executive Office. They deny everything and I should accept that it is clear that I have no claim against Crapital One. (Yeh right:cool:)

However (here we go) after reviewing my request (??) the can confirm that my calculations are incorrect. Blah Blah, prepared to offer, blah blah.

We have paid into your account £1205 to settle this matter, please tell the court and leave us alone, close your account if you want. It brings a tear to my eye, poor things:razz:.

Any way problem is they don't realise that it's a "partial" settlement yet. My claim stands at £1580.81 + £1.09 per day.

 

Their figures are all over the place, and the letter has the wrong claim number attached

 

ANYONE OUT THERE GOT CLAIM NUMBER 7QZ01525 ?

 

So Crap1 I'm still after you for my £375.25 + £1.09 per day

 

Mine had a 7 instead of a 6 in the claim number, prats.

 

Hold out for the full amount.

 

They will pull out and settle soon.

 

Tanz

[thesergeant]

Rejection letter sent

 

>>>>>>>>>>>>>>>>>>>>>>>>>>

Dear Graham Daley

Thank you for your letter dated 15 March 2007.

You may be unaware that you have failed to acknowledge my claim against you. The Court wrote to you requesting clarification of your acknowledgment but you failed to respond. As such I sought judgment against you on 15th March 2007. I also note that your letter of 15 March states an incorrect Claim Number.

I respectfully decline your offer of settlement and request, one final time, that you return to me all charges, contractual interest and costs imposed on this account and my subsequent claim against you, totalling £1580.81 (as of 17th March 2007), with an additional daily rate of £1.09 accruing.

In order to avoid Litigation against you (and waste valuable Court time), I am prepared to temporarily accept the sum offered and paid into my account as partial settlement on the clear understanding that the remainder is paid, totalling £375.25 (as of 17th March 2007), within the next 10 days. As a gesture of goodwill, if you pay this amount within this time period I will not further apply the accruing daily rate of interest. However, failure to comply with this request will result in my claim and subsequent Court action continuing, as detailed in my Letter Before Action and particulars of claim.

 

If you do not accept my conditions for acceptance, or you do not respond within 10 days, the money transferred to my account should not be viewed as my acceptance and I hereby authorise you to remove this sum accordingly.

 

I trust this clarifies my position.

>>>>>>>>>>>>>>>>>>> >>>>>>>>>.

 

I'm sure that if I offered them 75% of what I owed them and tried to get them to accept it as full payment I'd get a similar response ................

Thank you Crapital One :D:D

 

 

[doo]

They really do make more work for themselves than is necessary, why don't they know when to roll over.

[TANZARELLI]

Definately a bit slow on the uptake this lot (Cr@p One)

 

Good letter serg.

[AppleCrumble]

Any news sergeant?

[thesergeant]

OK I have a bit of an update.

 

My local court is over stretched and are very slow at getting anything done. Crap1 did send another acknowledgment but I believe it was out of time.

 

They have not replied to my rejection letter. Yesterday I received my cheque for £926.89 which arrived as a remittance advice with no letter (bad losers).

 

As per the terms of my rejection letter I will accept that as partial payment. I am still determined to hold out for the remaining £375.25.

[AppleCrumble]

Good for you!!!

 

My position is very similar just a couple of weeks behind you, so I'm watching you with interest! I'm also claiming contractual interest (charges £558 & interest & court fee brings it up to £955) and Cap One also didn't get my court action replied to within 2 weeks, so yesterday I filed for judgement at the court.

 

Twiddling my thumbs excitedly here ... dum de dum de dum :D

[thesergeant]

I thought, poor old Crap1, they deserve an Easter present ....... so :D:-

 

Claim number – 7CM00612

Account XXXXXXXXX

 

Dear Executive Office,

 

I note that you have not responded to my letter of 17th March 2007.

 

Therefore I have accepted your partial payment against my claim on my terms, which you have accepted. Your partial payment will clear my account on 10th April 2007.

 

 

In my letter of 17th March I offered you, as a gesture of goodwill, the opportunity to pay the outstanding amount within 10 days without daily interest accruing. You failed to do this.

I have notified the Court that I believe that your second attempt to acknowledge my claim was out of time and that I therefore request the judge to consider issuing judgment against you. I have also notified the Court that I have accepted your partial payment and that my litigation continues for the outstanding balance.

I know that you wish to avoid my continuing litigation against you (and the resultant waste of valuable Court time) and I wish to offer you another opportunity to settle this matter. I calculate that the daily interest applicable to my claim now stands at a further £16.35 (as of 2/4/07). Therefore the remaining payment I require is £391.60. As a gesture of goodwill, if you pay this amount at the latest by the close of business on 16th April 2007 I will not further apply the accruing daily rate of interest. However, failure to comply with this request will result in my claim and subsequent Court action continuing, as detailed in my Letter Before Action and particulars of claim.

 

I trust this is an acceptable way for you to end this matter and avoid the accrual of further costs against you.

 

[doo]

Nice letter, watching with interest.

[TANZARELLI]

This may be the kick up the @rse they need serg.

 

Hope you get a speedy result.

 

Tanz

[thesergeant]

Thanks Tanz,

 

Have written and spoken to the Court this morning.

 

The judge has decided that Crap1 acknowledged out of time and has issued judgment again them.

 

So its time to pay up the rest, or the bailiffs :D

[linzi2011]

hi well done so far, i'm trying to claim against crap 1 how long has it taken you to get to this stage from the start?

[doo]

Way to go sergeant - cap one seem to work to their timetable and no-one else's, about time they are brought to heal.

[thesergeant]

Linzi, initial letter sent to Crap1 5th January 07

 

Doo, thanks its their own inefficiency that has landed them here :rolleyes:

[doo]

Hope this happens to me too:D