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

 

[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:

[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

 

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

[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

[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

 

 

[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.

[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.

 

[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

[thesergeant]

Linzi, initial letter sent to Crap1 5th January 07

 

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

[thesergeant]

Got a template letter from Graham Daley, Executive office today. Must be a template as it had the Court as Northampton instead of Chelmsford.

 

Yes I WON :)

 

"After looking in to this, I can see that we did not send our acknowledgment of service correctly and the amendment was not received in time. This meant that you were able to apply for judgment and our defence was inadmissible."

 

They have now paid up £373.07. My claim with "contractual interest" is paid in full.

 

However Executive Office of Crap1 you have not paid the daily rate of interest, that's an additional £17.53p that you owe me. Letter is on route to them :- :D:D Salt, wound, salt, wound - can you feel it Crap1

 

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

Dear Graham Daley Executive Office,

 

I note your response of 10th April 2007 and the proposed payment of £373.07.

 

I am willing to accept this partial payment against my claim based upon judgment against you issued by Chelmsford County Court.

 

 

In my letter of 2nd April I set out the terms for settlement in full. As a gesture of goodwill, I had suspended the daily rate of interest. The payment required to settle my claim was £391.60. I had previously offered you a similar opportunity which you had ignored in my letter of 17th March. Your current offer is not acceptable as full settlement. The judgment notice sets out that a debt which attracts contractual interest or statutory interest for late payment entitles the claimant to further interest. My claim includes contractual interest…

I have notified the Court that you have paid a further amount in partial settlement, which I have accepted on this basis. I have also notified the Court that the claim is not settled.

I know that you wish to avoid the prospect of me taking further action to facilitate the settlement of my claim (and the resultant further costs against you). I wish to offer you another opportunity to settle this matter in full, therefore the remaining payment I require is £17.53p. As a gesture of goodwill, I am yet again willing to ignore further application of the daily rate of interest.

However failure to comply with this request will result in my request for further action to secure the outstanding balance.

 

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

 

[thesergeant]

Survey done, contribution made - thanks for all the support .....

[thesergeant]

Apple,

 

Nope they don't put any contact details on their letters. I wonder if Graham Daley exists ??

 

You'll need to hold tight. Crap1 will receive the judgment order. Of course if they do not reply after 14 days you could consider bailiffs etc.

 

If your claim follows mine you will get a similar reply as mine and the promise of a cheque ..................

 

Regards :D:D

[thesergeant]

YES I WON AGAIN :o

 

All my final bullying of Crap1 worked.

 

They have paid up the daily rate of interest £17.53 as requested, the matter is now settled fully.

 

Poor old Crap1, I'm sure they didn't like to paying up

 

Just to make sure they understand why we are all so unhappy with their treatment of us, I've sent this off .................... :D

 

Regulatory Section

Consumer Credit Licensing

Room 1C/5

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX

Fax 0207 211 8429

 

 

Failure to comply with direction 5 April 2006

 

 

 

Dear Sir/Madam,

 

I wish to inform you that I do not consider Capital One (Europe) plc to be a “fit and proper person”, therefore this organisation should not hold a consumer credit licence.

Since June 2006 I have requested Capital One (Europe) plc repay excessive and unlawful bank charges, which they had taken from my account. They refused to do so, stating that the charges were a true reflection of there costs incurred regarding my administering of my account. The charges were for the sending of a computer generated letter notifying me of an overlimit or a late payment. By way of the service of a subject access request I discovered that no manual intervention took place on my account.

It is apparent that Capital One are purporting that the charges levied on its customer accounts are lawful and a true reflection of the costs incurred. This is not the case, Capital One (Europe) plc are merely profiteering at its customers expense. The charges levied are far in excess of any cost incurred by them; a fact that they are well aware of. Despite much press coverage and numerous claims against them, Capital One (Europe) plc continue to levy such charges.

I would contend that the actions of Capital One (Europe) plc could be considered a criminal offence under the Fraud Act 2006.

I ask that you investigate this matter and consider revoking the consumer credit licence of this organisation.

Yours faithfully,

 

[thesergeant]

Hey I haven't thought about Crap1 for a few days now .......................

 

Is there anything else I could try to squeeze that little extra out of them ..... Letter sent - don't know if I'll get it past the judge, but you have to try don't you an extra £286 (costs + 10hrs time) would be nice .. :):-D

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

I wish to inform the court that the claim as detailed above, in which I am the Claimant, has now been settled. The Defendant paid the full amount claimed, namely £1554.65 + daily rate of interest.

 

As such, no further action is necessary in respect of this claim.

 

However, I believe that the Defendant has behaved unreasonably in their approach in attempting to defend this claim. Not least because I believe the Defendant had no intention of ever defending this claim at a hearing.

 

I also enclose a list of all cases of which I am aware in which Capital One Bank (Europe) plc was the Defendant. Every one of these cases was settled in full before a hearing despite a defence or an attempt to enter a defence being made by the Defendant.

 

Further, in relation to my claim, the Defendant failed to acknowledge the claim correctly, then despite the court writing to them, attempted to acknowledge with notification of an intent to defend out of time. Again this is typical of the Defendant’s approach in other cases of which I am aware.

 

The Defendant’s unreasonable approach in attempting to defend a claim it always intended to settle has directly incurred myself unnecessary costs as outlined in the attached list of costs, and therefore I respectfully request that the Court consider awarding these costs, or such costs as it deems appropriate, as outlined in the Civil Procedure Rules 27.14(2)(g):

 

(2) The court may not order a party to pay a sum to another party in respect of that other party's costs, fees and expenses, including those relating to an appeal, except –(g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably.

 

Please accept my sincere apologies for the waste of the courts valuable time spent processing and managing this claim. I do wish to inform the court however, that the decision to enter into this litigation was not taken lightly, and that ample opportunity was given to the Defendant to resolve this matter by way of negotiation before proceeding with this claim. Regretfully, all attempts at meaningful dialogue were either rebutted or ignored. A copy of this letter, with attachments, has been sent to the Defendant.

[thesergeant]

Thanks, hadn't seen that one, its now in my court bundle ...........:)

[thesergeant]

I found Crap1 to be very forgetful re: daily rate of interest. Do not let them get away with it if they do not include it in your settlement.

 

All you have to do is tell them the matter is not settled and court action is continuing, they will pay it out. :)