Coll2900 V Capital one - Help Needed

[ukaviator]

Hi

 

You should accept the offer as part payment only. There are rejection letters in the Bank Templates Library.

 

Uk

[coll2900]

Thanks for your advice UK, I'll look up the rejection letters

[coll2900]

I've got one more question, if anyone can help please, when I send the rejection letter accepting their offer as part payment, should I also sign the form they sent with the letter. Maybe I should amend and sign the form?

[ukaviator]

No don't sign anything they send you. This is a standard response from Capital One.

 

Uk

[coll2900]

once again thanks for the advice UK.

I'll send the rejection letter at the weekend.

[coll2900]

HELP!!!!

 

After a good few weeks of not being able to go anywhere with my claim, I’m ready to start the court process. I sent cap one a rejection letter after they offered the £8 difference. The rejection letter gave them 14 days to pay up or I’d start court proceeding, 14 days is now up.

 

Can someone please, please, please have a look at my POC, I know that we shouldn’t be posting full POC but I’m claiming contractual Interest so this isn’t the normal one. I don’ want to get it wrong at the court stage. I’ve used Vamps new spreadsheet ‘Throughout claim with contractual interest’ but I’m a bit unsure of the figures to use in the n1 form

 

My questions are in red. Many thanks for your help

 

Value Section

Charges £xxx.xx

Overdraft Interest £xxx.xx – should I change this to interest paid on charges

Interest under s.69 County Courts Act 1984 £xxx.xx – and change this to Compounded Contractual Interest

Court Fee £xx.xx

TOTAL £ xx.xx

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just. have no idea what to say here for CCI

 

 

I just don’t know what to say for this bit

 

 

 

1. The Claimant has had a credit card account ("the Account") with the Defendant, which has been open since January 2002 and remains open.

 

2. During the period in which the Account has 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 Account 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.

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), the Unfair Contract Terms Act 1977 and the common law.

 

5. The claimant claims compound interest on the amounts claimed, using the rate and method as applied by the defendant to monies it is owed. A schedule of the charges and interest calculated is annexed to the Particulars of Claim. The claimant’s ground for seeking restitution of the compounded contractual rate of interest is that the defendant would be unjustly enriched if the claimant's entitlement was limited to the statutory rate of interest in that the defendant has had use of the sums and would have used these sums to re-lend at commercial compounded rates. Additionally, the Claimant has not had the benefit of the sums and has therefore been unable to use said sums to repay borrowing elsewhere.

 

6. Alternatively, if the court decides that the claimant is not entitled to the contractual rate of interest (as outlined at point 5 above), then the claimant claims statutory interest under s.69 of the County Courts Act 1984.

 

7. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges on the Account in the sum of £1,256,

 

b) the removal of any prejudicial information which the Defendant bank may have passed to third parties in relation to the Account and in particular the removal of all Default Notices registered with credit reference agencies since this was caused solely by the level of disproportionate penalty charges. The Claimant’s request is made under the Data Protection Act 1998, section 14, which gives the power to the Court to order the removal of inaccurate personal data,

 

 

c) a refund of all interest paid on the said charges amounting to £2,816.19, (This is the total of column E interest on penalties)

 

d) compound interest on the said charges at the contractual rate of 34.9% at £1,497.93, (this is from column K Bank interest on penalties and column L Int. on bank int. on penalties)

 

 

e) alternatively, if the court decides that the claimant is not entitled to interest in accordance with the contract, then the claimant claims interest under s.69 of the County Courts Act 1984 at the rate of 8% per annum calculated from 9 March 2002 to 12 June 2007, which is £1,658.07 (I’ve used the 8% bit from the complex spreadsheet and have added the totals of penalty charged, 8% on penalties, interest on penalties, 8% on interest on penalties)

 

f) Court costs;

 

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

[coll2900]

Can anyone help please!!!!, I was hoping to submit my N1 tommorrow.

[coll2900]

Help, someone please, I've read so much about this from on various threads, I've got information overload and i don't know what to do about my figures for the N1 form.

[coll2900]

Hope there are few people still around to help, I've got a dilemma. After filing my n1 for a total of £5933 including CCI, Cap one has paid up £2506, which are the charges plus the 8% interest and the court fee of £250. That leaves just the CCI going to court if I continue. £1422 went to clear my outstanding balance on the card and I’ve received a cheque for £1084.

 

I have to respond to the AQ by tomorrow and pay the £100 fee, which I don’t get back.

I want to just accept and leave it t this stage but what happens to the default.

 

Am I right in thinking that the default can only be removed if I win outright in court?

 

I know I’ve left this to the last minute so any help would be greatly appreciated.

 

Thank you

[WendyB]

Am pretty certain you have to carry on to court to get the default removed, unless you try for it later in a new claim but its very difficult. The CCI going to court on its own might be a bit dodgy , there's a thread on here Linsey V Capital One which you might want to have a look at. This is the best I can do, I'm not an expert and I'm sure someone more clued up than me will be along soon.

[coll2900]

thanks Wedny, I might phone them and ask them to remove the default.

[drufcdragonno12]

Coll2900

 

It seems to me that essentially you have to decide whether to accept or decline the offer, and an offer is all it is at the moment. Don't forget that you have asked the Court to decide the rate of interest, it's not for Cap1 to dictate.

 

Numerous people have been in the same situation as you are now.......

 

Some people have accepted the offer and called it a day. However, this makes it difficult to persue anything you originally claimed for at a later date; things like removal of a default or the difference in interest rates won't be easy to chase later.

 

Some have accepted the offer as part payment and carried on with the full claim.

 

And some simply decline the offer and continue with the claim by returning the cheque and informing Cap1 to remove any credits made to the account.

 

I think the call is entirely yours.........

 

Good luck whichever you decide.