Cap1 charges Small claim starts today **WON**

[Jamboray]

Just letting you know that I will be up to the Sheriff Court today to file my claim with Cap One. Hopefully the £39 spent!!!

 

I'll keep you posted on progress.

[Spiceskull]

Good luck with it, and keep us posted on how it goes.

[Jamboray]

Thanks Spice, after a few changes to the forms, I finally got it passed, not to bad, if anyone needs some help with the forms, shout up!! I'll try and give some advice. I got some help from the Court Adviser, who works for the CAB office in the Edinburgh Sheriff Court, pretty straight forward and they check it all out for you before it goes in. They think it will be the 27th June for the hearing.

[Jamboray]

I feel honered:p I have had my 1st letter from Mr Udder, oops Mr Uddy!!

 

He wants to put it all behind us and has asked me to sign a deal worth £150 plus the £40 allready given. What should I do?

[jonni2bad]

..He wants to put it all behind us and has asked me to sign a deal worth £150 plus the £40 allready given. What should I do?

 

£190 - for the £499 they owe you?

 

I know what I'd do- but it's not fair to use bad language on here!!

 

See them in court, get your money back and spend it wisely - that's what you should do...

[Jamboray]

The summons has been served :lol: :lol:

 

Hearing date 27/6/06

[jonni2bad]

Super - send your litigation in progress details to BankFodder or Bookworm, so we can update that section.

[cubalibre77]

Hi There.

 

Firstly good luck with your claim,I am about to file against capital 1 and Bos credit card tomorrow, in edinburgh.

 

I have a couple of questions, what address did you put down for the defender,is the northampton one ok?, secondly I take you just go up to the reception and tell them you would like to file a small claims action?

[jonni2bad]

Yes - I'm sure you'll find them very helpful too.

[Jamboray]

Hiya,

 

you just claim against Cap One in Northampton, they will let you go up to the small claims dept from the reception. Up there they will go through your claim and may advise you to make some changes if needed, but they are helpful. You claim Juresdiction in Edinburgh as this is where the money should be paid, provided your from Edinburgh?

You can also get advice from the CAB office up on the next floor as for Rosaland McKenna, she's keen to know how these are progressing.

 

Good Luck!!

[Jamboray]

Success!!! Got a reply today from Cap One, FULL REFUND AND INTEREST:D

 

They wont admit liability, but agree to small claim and that there charges are fair....yadah,yadah,yadah.

[jonni2bad]

CONGRATULATIONS

 

Don't foget to fill out the SURVEY !!!

[cubalibre77]

Congratulations indeed!!

 

I have one question about the forms, how did you ask for the 8% interest back in section four on the small claims doc. I was told by the sheriffs clerk, that you cannot just claim 8% from the date of service of every charge,rather you need to give an actual date or something. And that normally the 8% would be calculated on the amount clamied from the date of service of the summons.

 

She also said they were getting alot of these.

[fruitycar]

I had a chat with a CAB solicitor this afternoon about this and they thought the interest was from the date of service of the summons, so this might need some clarifying as my claim has been paid without the interest.

[jonni2bad]

There are 2 issues with regards this interest...

 

It is perfectly acceptable to use the supplied spreadsheet to work out interest on each charge, from the date it was incurred - but only when you reach the court stage obviously.

 

This is because, if the bank had not taken this money unlawfully on that date, then you would have retained it and could effectively have invested it, gaining interest (maybe not at 8%, but that's not your problem). As such, the courts award this to the victor, if claimed for!

 

The second part of this 8% issue is a figure that DOES start from the date of claim. You will have a figure at this date, be it charges only, or charges plus interest from the date incurred, and you mulitply this figure by 0.00022 to provide an amount of interest (typically pence) that will continue to accrue on a daily basis, until the date of settlement.

 

It is the difference between these two parts that normally causes a lot of confusion. You are, however, perfectly entitled to both!

 

**fruitycar - how did you word your 'particulars of claim'? Did you use our template?

[fruitycar]

I used Scotias as a template, wording in box 4

"The pursuer claims from the defender the sum of £740 with interest on that sum of 8% from the date of service of each charge (together with the cost of bringing the action)"

[Jamboray]

I used the excel template and the interest from the date for charges on the statements. The wording on the small claim needs to read from date of first charge to date of last charge.

[Jamboray]

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