Capital One Offer - No Contractual!!

[missjoy]

Hiya all! Ive just had an offer from Capital One. I am at the court stage & the return date is the 12th March. They have not replied to the court as of yet. Basically they have offered to refund the charges, the 8% interest & the court fee. However they say they will not refund the contractual interest.

 

I have entered a court claim. I have went through the Northern Ireland Court Service. It states on the NI Courts Service online (where i can track my claim), that there is a "return date" in my case of the 12th March 2007. This is when Capital One need to enter a defence. Its slighty different taking an English based company through NI Courts.

 

This seems a relatively new tactic employed by Capital One & im just wondering if anyone has has had a similar letter lately? There are a few threads on it, but not a lot. Im trying to gain more info with regards to accepting there offer or not.

 

Has anyone else had an offer like this?

 

What next???:-?

[missjoy]

*deleted*

[missjoy]

The guys who sent the offer is Graham Daley (executive office). Total amount im claiming for is around £1700. They have refused to pay the £893 contractual but will pay £94.22 in interest - wherever that figure comes from + the 8% interest which is £271.

 

In total the offer is around £500 short of my court claim. The £500 short consists of the remainder of the contractual interest. I hope you understand & im sure anyone who has recieved a similar letter will understand.

 

Like i say, this seems to be a new tack (last few weeks) from them & would like to hear of any similar situations.

[missjoy]

*deleted*

[MARTIN3030]

Kimmys replies removed.

Please have a little more tact !!

 

You can hold out for the cont interest it means sending back the cheque and telling them that you do not consider claim settled in full.

However it is up to you.

There have been losses and wins with this....had they settled pre-court you would have had to accept but as its in court you do have the option to refuse on the basis that you want the cont and have indicated this all along.

Your choice.

[jadebarton]

martin, can you elaborate. you stated that if they had settled out of court you would have to accept the offer. So if i apply for contractual interest and they turn it down before it gets to me filing MCOL then i have to accept is this correct?

Im at prilim stage with barclay and capital one and wanted to include contractual mainly so that i clear any debt that i have with them completely.But i need to gather as much info as possible before i send the letter.

 

 

thanks

 

Jade

[TANZARELLI]

martin, can you elaborate. you stated that if they had settled out of court you would have to accept the offer. So if i apply for contractual interest and they turn it down before it gets to me filing MCOL then i have to accept is this correct?

Im at prilim stage with barclay and capital one and wanted to include contractual mainly so that i clear any debt that i have with them completely.But i need to gather as much info as possible before i send the letter.

 

 

thanks

 

Jade

 

If an offer is made of full charges and 8% prior to court filing then some are advising that it is excepted as if not then you would be going to court on purely a contractual interest basis and this may be a bit shakey ground to tread.

 

If however you have already filed then your claim is seen as being intact and then you can reject their offer and go all the way hopefully they will either settle prior to this or you will have to leave it to the judge to decide.

 

For rejection of settlements see here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

Correct me if i am wrong martin:)