BB V Capital 1

[TANZARELLI]

Thanks for the click

[british bulldog]

yippee,got a reply from these muppets this morning.just the standard letter,please bear with me as i havent got a scanner,so have to type in.

 

Thank you for taking the time to write to us about the fees weve added to your account.i understand you think these fees are unlawful and im sorry you feel this way.

To explain,we automatically added late payment fees if your payment was missed,arrived late or wasnt enough to cover your minimum payment.We also added overlimit fees if your balance went over the agreed limit.

When we opened your account,we sent you a credit card agreement which stated these fees.by signing and returning to us,you agreed to the terms and conditions for the account.

As your probably aware the office of fair trading are not challenging the right of banks to charge default fees,but merely the level of those fees.

Although we feel £20 is a just fee,we have reduced our charges to £12 so we are inline with our competitors.

Ive reviewed your account and,as a matter of goodwill,id like to reduce the fees weve added to your account to £12 each.Ive refunded £216.Ill also contact the agency thats looking after your account and advise them of the new balance.

You also asked me to remove the default notice from your credit file.We have to record accurate information with credit reference agencies,and as the default was recorded correctly i cant remove this.

I hope ive explained things clearly and your happy with the steps ive taken.However,if you have any further questions,please write back to me within four weeks.blah blah blah

 

I am claiming £739.88.This is a little way of what they owe,so what is my next step..

[Deller]

Send the rejection of settlement letter

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

[british bulldog]

just got reply from mr udy,not what i expected.

thank you for writing back to me about my refund offer of £***.00 of the fees weve added.im sorry to hear that you feel my offer is unacceptable.

as ive already explained,we are confident our fees are both fair and legal and im disappointed to hear youre considering court action.the OFT havent told us that we're obliged to refund any fees,and we've offered refunds as a gesture of goodwill.im afraid im not prepared to refund all the fees we've added as you've asked.

while youre disputing these fees,it is important that you maintain payments as youre account balance consists of transactions that you have made.failure to do this may result in negative information being recorded on youre credit file,which may affect your ability to gain credit in the future.

financial regulations require me to advise you that a refund of £***.00 is my final response in relation to this matter.however,you now have the option to contact the financial ombudsman service within six months from the date of this letter.their contact details are in our complaints leaflet,which i included in my last letter.

 

what is the next step.

do i continue to pay like he said.

as he states"maintain payments as youre balance consists of transactions i have made".

i dont think so,ive been unable to use my card since last year

[british bulldog]

do i accept his last offer or do i send the LBA letter

[TANZARELLI]

do i accept his last offer or do i send the LBA letter

 

Standard response I thought you were reading the copy I got for a minute.

 

Has the prelim deadline expired if so the sent the LBA giving 14 days to reflect on their (SH@T OFFER) decision.

 

When this is up then file a claim with the courts using N1 or MCOL.

 

Feel free to take a peak at my thread if you havn't already and you will see the letters they sent me and can compare them to yours.

 

Here's the link:

 

http://www.consumeractiongroup.co.uk/forum/capital-one/51318-tanzarelli-cap-one-default.html

 

See here for rejecting offers: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

 

Tanz

[british bulldog]

thanks tanzarelli,nice to know.what response did you get after you give them the LBA

[british bulldog]

Just Been Reading Some Posts,will It Make Any Difference To My Claim,because I Did Miss A Few Payments

[doo]

No difference just carry on. Are you asking for default removal as well? If you are use N1 when doing court claim as there is more room on there for your particulars of claim which will need to mention default removal.

[british bulldog]

i will be applying to the court to get this sorted,but will have to wait until i get paid.

i have also stopped paying money to these,is this the right decision or should i still be paying.

probably need some help with the N1 form,when i get round to filling it in.

also,the fee that im claiming back,will that figure be going up as time goes by,or will it stay as is

[british bulldog]

can anyone help in filling out the claim form,im getting a little confused.

on the value part,it asks for interest under s69.ive done contractual interest,then it asks for a daily rate ?

then there is more that confuses me in section 5c about the interest.

i would really appreciate if anyone could let me have the wording of theirs,so i can make sure im doing it right

[british bulldog]

please.is there anyone that can help.now that im at this stage,i want to make sure i do everything right

[jshtr3]

Hi i found this http://www.consumeractiongroup.co.uk/forum/capital-one/78029-km_s-capital-one-2.html?highlight=alternative#post841294

Hope it's what your looking for. I haven't done mine yet so can't offer any further advice, sorry

[doo]

Hi BB, have you managed to do your N1 or do you still need help. Have you got your Particulars of Claim ready, I see that you are doing contractual.

[TANZARELLI]

thanks tanzarelli,nice to know.what response did you get after you give them the LBA

 

They just kept offering the same amount, however you'll get settlement offer soon after having filed the claim.

[british bulldog]

hi guys.i really need some help.i been writing to crap 1 to give them more chances to pay.this just isnt going to happen,so i think its the court route.im really worried about going and losing and paying a bucket full of court costs.ive checked my spreadsheet and brought it up to date.the amount im asking for has gone up.i just dont know what to do......

[ukaviator]

Hi BB

 

Don't worry too much about the court part just yet. Your claim is below £5000, no costs in the small claims side for you. Capital One have'nt been into court on bank charges yet, but you should be prepared.

 

If you really are worried, maybe use the Ombudsman and make a claim there. If you do decide to use the court, fill in and file an N1 form. There is one in the Bank Templates Library.

 

Update your spreadsheet as your claim is quite old, so re vamp that first.

 

Capital Ones history is, you file in court your N1, they Acknowledge, they say that they will defend, then pay up. Been like this over a year now.

 

Hope this helps

[doo]

Yep, UK is right, they acknowledge, say they will defend, then pay up. They will certainly not pay you though if you do not either go down the court route or use the ombudsman. Come on, BB you can do it and we are all here to help you, I have done three claims for me and family members and got paid out on every one. Are you doing a CCI claim or just going for the 8% statutory?

[british bulldog]

thanks doo.i am doing contractual interest.

you guys are great.i was doubting it before,but stuff it,im going all the way

[doo]

That's the spirit, get that claim in, I will be watching if you need any help just put a post up on your thread.

[TANZARELLI]

thanks doo.i am doing contractual interest.

you guys are great.i was doubting it before,but stuff it,im going all the way

 

What arguement are you using for CI in your claim ie what are you putting in the POC for a reason why you should be entitled to it?

 

Tanz

[british bulldog]

hi tanz.im just charging them the rate that they charged me.have i done it wrong?

[alex_the_lad]

Hi guys! I'm about 4 weeks away from being at the court stage, but based on what I've read about Cap1 I'm expecting to go down that route, so I've started looking into to what to put in my POC to address CCI. I've found another thread with some useful POC's. Hope you find it helpful too:

http://www.consumeractiongroup.co.uk/forum/general/95909-particulars-claim-when-asking.html?highlight=cci+particulars+of+claim

 

Although from reading the first part of the thread it does seem to apply to claiming CCI on bank charges so it might not be ideal for a credit card.

[british bulldog]

hi tanz,just wondering if you got my pm

[british bulldog]

just getting this ready for court.does this look ok.

interest £350.66

total claim £850.66.

 

 

Particulars of Claim

bb v Capital One Bank trading as Capital One

Account xxxx xxxx xxxx xxxx

 

The Claimant has a Capital One Credit Card Account xxxx xxxx xxxx xxxx ("the Account") with the Defendant which was opened on or around 2005.

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant. 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 schedule of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account, 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 are not 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) paragraph 8 and schedule 2 (1) (e), The Unfair Contracts Terms Act 1977 section 4 and the Common Law.

c) The Claimant believes these charges to be a penalty. Penalty charges are irrecoverable at Common Law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79, along with Murray v Leisure Play [2005] EWCA Civ 963. It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that these charges do not reflect any actual and or real loss. In the event that the charges are not a penalty, they are unreasonable under The Supply of Goods and Services Act 1982 section 15.

5. Interest claimed

a) The Claimant claims compound interest on the charges to the Account at the annual rate of 34.9%. This is the rate currently applied by the Defendant to the Claimant’s use or borrowing of the Defendant’s monies, as provided for in the contract.

The Claimant’s case for claiming this rate is based in equity, and a legal requirement for fairness and balance.

The Claimant deems the Defendant’s charging regime to be unlawful, since the charges are unconscionable, remain unsubstantiated, and amount to unenforceable penalties at law. If the Defendant avers that its charges are fair, reasonable and therefore enforceable, its remedy will be to defend the claim by providing evidence of its actual losses or pre-estimate of costs in relation to the Claimant’s account breaches. Since the Defendant has been invited to do so prior to the issue of court proceedings, and has refused, and since the Claimant is aware that the Defendant has failed to defend any other similar claim, choosing to settle before the trial dates, the Claimant deems the Defendant’s charges to the Account to be indefensible, and unenforceable at law. It was clearly not in the Claimant’s contemplation when entering into the contract, that the Claimant would authorize the Defendant to apply penalty charges to the Account, or to profit in an unlawful manner from the Claimant’s account breaches.

For the contract to confer advantageous terms (i.e. entitlement to compensation) on one party (the Defendant) where there is no comparable term in favour of the other party (the Claimant) is to create an imbalance in the parties’ rights and is contrary to the requirements of Regulation 5 (1) of the Unfair Terms In Consumer Contracts Regulations 1999 ("UTCCR").

Regulation 5 (1) of the UTCCR states as follows:

5. (1) "A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the consumer."

Therefore, to satisfy the requirement of fairness within the definition given by the UTCCR, the contract would have to provide a mutual or reciprocal term permitting the customer to apply the same rate of interest on any unauthorized withdrawals from the customer’s account by the bank (the Defendant). The interest claimed is therefore deemed to provide an equitable remedy.

b) In the alternative to 5 a) , if the court finds that the Claimant is not entitled to contractual interest, the Claimant claims interest under section 69 of the County Courts Act 1984.

6. Accordingly the Claimant claims:

a) The return of the amounts debited in respect of penalty charges and interest in the sum of £850.66;

b) Court costs;£80.00

 

 

c) Contractual interest at a rate of 34.9% per annum, compounded daily from the date of each transaction to 28/08/06 of £350.66, as set out in the attached schedule of charges.

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

Signed

 

Date: 30 july 2007