Dagrat V Capital One

[dagrat]

Hi there,

Just got my statements back and it adds up to reasonable amount. All the charges im claiming for are overlimit fees and late payment fees.

Im sending my prelim letter taday but not sure of the right address.

is it

CAPITAL ONE BANK EUROPE PLC

PO BOX 5281

NOTTINGHAM

NG2 3HX

 

???

[loki187]

Hi there,

Just got my statements back and it adds up to reasonable amount. All the charges im claiming for are overlimit fees and late payment fees.

Im sending my prelim letter taday but not sure of the right address.

is it

CAPITAL ONE BANK EUROPE PLC

PO BOX 5281

NOTTINGHAM

NG2 3HX

 

???

 

Thats the one, don't forget to send it recorded delivery or if you can stretch to it special delivery, that way they can't say its been "lost".

 

Good luck with your claim

 

michelle

[dagrat]

Cheers Loki ill do that

[ukaviator]

Dagrat, are you claiming any interest?. Contractual interest is what you should and can claim.

 

Uk

[dagrat]

Hi ukaviator

No im not going to. I know it is possible to but after working it out i thought it wouldnt be worth it.Also might possibly help towards a speedy result. But i do take the point for some people its worth it

 

Dagrat

[dagrat]

Had a week to think about this, I apparently miss read my spreadsheet, the contractual interest would make a LARGE difference to my claim.

 

I think for me to claim for interest on the charges only is the way to go.

 

Ive filled in the spreadsheet and put in 29.8% apr as the interest rate ill use for the contractual interest.

 

Am i right in this rate?

 

Im assuming this is the normal unautharised borrowing rate.

 

Any help with this would be very appreciated.

[dagrat]

Hi all

I had to postpone this claim due to personal circumstances and bad health. However im back but would be gratefull for any advice as this claim is now over 18 months old. Does this make any difference? Also having read my previous posts, is contractual interest the way to go or just the statutary?

What would be my next move?

Sorry for all the questions but ive lost touch since 2007.

[WendyB]

send a new LBA with an updated spreadsheet, then continue on the normal timescale and file N1.

 

With regard to Contractual, if you want to go down that line be prepared to be well up on the various case laws, restitutional interest etc etc and to argue your case in court, as Cap One will not just roll over and pay in CI cases, and you will end up in court. Unless you are prepared to do loads of research and be confident of putting youtr aguments across in the courtroom then I persoanlly would just go for s69 stat 8%. Big Budgie had a thread on here about it, not sure if it's been updated recently. I know he's recently been to court and is awaiting judgement. If it's not updated on here then you'd have to look at another forum, but sorry I'm not allowed to mention the other forum's name on here

[dagrat]

Thanks Wendy B

Ill do just that. Do you think i need to make any reference to the previous claim, possibly to do with their lack of response?

Also if i send a new lba with a different spreadsheet would this complicate matters?

[WendyB]

You could put in a bit about your previous request not having been resolved to your satisfaction, so here's an updated list of charges blah blah pay up within 14 days etc. They may well send you a partial offer etc, and a letter saying that's their final final final offer. Then file your N1.

 

Sorry for the delay in replying to your thread originally but I don't get over here much these days.