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:-? hello can anyone please check my spreadsheet please??? And if anyone can help how do i send it to them???:-? :-? :-?

 

have i filled it out properly, etc

I have used vamps 13 template to work out my penalty charges plus 29.94% interest that was quoted on my aggreement, is that right??

 

my charges start from nov 2004 until present day

 

charges £252.00 plus 29.94% interest £95.43 = ££347.43

 

sorry for all the questions just want to make sure im doing this contractual interest thing right!!!:-? :-?

 

thanks

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:-? hello can anyone please check my spreadsheet please??? And if anyone can help how do i send it to them???:-? :-? :-?

 

have i filled it out properly, etc

I have used vamps 13 template to work out my penalty charges plus 29.94% interest that was quoted on my aggreement, is that right??

 

my charges start from nov 2004 until present day

 

charges £252.00 plus 29.94% interest £95.43 = ££347.43

 

sorry for all the questions just want to make sure im doing this contractual interest thing right!!!:-? :-?

 

thanks

 

Bump someone ?


Just hate every DCA out there

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sounds about right

if you want me to view it

reply here whilst i remember how to share these things on vamps site

 

dx100uk:cool:


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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how do i send it to you???????

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i think you just put my id [dx100uk] in the collaborate box tab on the right.

 

dx100uk:)


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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hello

im just about ready to send my prelim letter, could anyone check that it is ok to send!!!!!

Here is my prelim letter

 

My request

 

I am writing to ask you to refund to me the charges which you have levied from my account since May 2004.

I now understand that the regime of fees which you have been applying to my account in relation to Late payments, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

 

What I require

I calculate that you have taken £276.00 in unlawful charges from my account. In addition to this, I also request that you refund me £113.29 in compounded contractual interest, which I have calculated at 34.9%, (34.9% being equivalent to your current APR rate for classic card holders) as set out in the attached schedule of charges. I believe this rate to be justified under the principle of mutuality and reciprocity of the above-mentioned account. Therefore, the total amount I am claiming is £276.00 + £113.29 = £389.29.

I enclose a schedule of the charges applied for which I am claiming with this letter.

 

 

My targets to resolve this matter

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

 

Yours faithfully,

 

 

Also i have done my spreadsheet, i used vamps 13 simple compound interest spreadsheet, could someone please check this for me aswell???

 

but the only problem is that i dont know how to send the spreadsheet to anyone, If anybody want to take a quick look to check it or tell me how to send it to some one to check it for me, i would be greatfull

 

thanks

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Update:-

 

recieved a goodwill offer from capital one of £72 to be paid into account, i sent back letter to say i will accept offer only as part payment and i gave them 7 extra days.

 

Now it is time for my lba letter and not sure what to do about how to word the part about my charges plus ci as they have refunded the £72 on my account. Would this be o.k??

 

I calculate that you have taken £276.00 in unlawful charges from my account. In addition to this, I also request that you refund me £120.68 in compounded contractual interest, which I have calculated at 34.9%,

(34.9% being equivalent to your current APR rate for classic card holders) as set out in the attached schedule of charges. I believe this rate to be justified under the principle of mutuality and reciprocity of the above-mentioned account minus £72.00 already been refunded into account.

Therefore, the total amount I am claiming is £276.00 + £120.68= £389.29 -£72.00 = £324.68?? :confused:

 

Also how would i show this £72.00 refund on my schedule???

 

any help greatful

thanks

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On your schedule just add a paragraph underneath showing the Totals minus the amount paid back already. They will pay out eventually, but you will probably have to file with the court first.


Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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Update:

 

Sent lba letter minus part refund on 16th April!!

 

Recieved another letter today saying basically that the part refund is their final response and that they are not going to refund total ammount!!:mad:

 

So my next question is do i wait for the lba 14 days (which is on the 30th April) to be up or should i start my claim in court???

 

Any help greatful!!!

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I would stick to the timetable you have set out - when your 14 days are up then start your claim.

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I would start your claim with the court, as they have already indicated that they will not pay any more.


Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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I would start your claim with the court, as they have already indicated that they will not pay any more.

 

This is what I did. Cap One made a full and final offer (measly amount) which I declined and filed my N1 straight away.


'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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hello

 

can anybody help me with my N1 court form please

 

not sure on what to put down on the form or if anybody else has claimed against cap one with CI would it be possible to see what they have put down in their form or any advice on how to word my P O C ,please????

 

Also how i recieved a part payment of a third of the charges and dont know how to enter this on my form!!!!:???:

 

One more question, can i claim back my SAR payment, and postage costs ink and paper costs??????:???:

 

Sorry for all the question and to sound dumb but my head isnt working very well today!!!!!!!!:???:

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Hi albbyswife, am subscribing.

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thank you doo for your help!!!!:p

How do i Show my part refund?? or do i not put that in my POC???

 

Can I claim for costs of postage, paper, ink, etc plus can i claim back my S.A.R - (Subject Access Request) fee that i paid for my statements???? If so Do i just put 6 d) Additional costs

SAR Payment £10.00

Postage £0.00

Ink £0.00

Paper £0.00

 

Total amount £0.00

 

:???: :???: :???:

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Okay i got a letter back today from cap one saying they were looking into my request - 2 weeks after i sent the 14day LBA. I have asked for £348 which are the charges alone, but now i am going to fill in the N1 like i did with HBSC (only to come home and find a satisfactory offer on the doormat the same day, not that i expect the same from Cap 1).

 

I am going to now amend my request for the £348 plus compounded interest at the rate they charged me - about 17%APR. A lot of those charges are 4 yrs old at least so will add up quite nicely. If anyone sees any mistakes in what I am doing, let me know!

 

Ta

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I think if im not mistaken you have to resend your lba letter to state that you would like CCI i dont think you can just apply it to your N1 court claim!!

 

I stated that CCI is what i intend to claim right from the beginning with my Prelim letter and then again with my LBA letter!!

 

Maybe a mod could just clarify this???

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albbyswife, I have never accepted a part-refund so I am not really sure about that one, do not want to advise you wrongly, suffice it to say you cannot claim for something that has been paid out to your before you file your court claim so I would assume you adjust the claim accordingly.Yes you can claim the S.A.R - (Subject Access Request) fee back, I didn't as they didn't charge me. Ant, be careful amending your claim now, when you claim CCI you should put it in your preliminary letter and your LBA and send schedule of charges relating to this interest. If you file court action without giving capital one the chance to pay (ok we know they won't but your actions have to be viewed as fair by the court) you could end up with problems. I would start again setting out in your prelim that you are claiming contractual interest (compounded) and send schedule. Although there are some that have just claimed this from their LBA, the decision is yours.

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hi doo

 

I have already told cap one about CI in my prelim and my Lba, and just got to file in court (which i will do today after work!) i just wanted to make sure about adding the SAR and the cost of six letters i have sent to them already and was wondering if i could claim this back?? I was thinking of adding the costs as follows :

 

6 d) Additional Cost:- SAR payment £10.00, 6 Letters (1st class recorded@£1.50 £9.00, Total £19.00.

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Yes, claim the SAR and it you want the letters, there are many that do. Just a reminder for when you complete your N1 make sure you put your title with your name, I have seen a few claims sent back as there was no title (picky I know). Good luck.

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hi everyone

 

Well there was a delay in sending in my n1 form to the courts as it got returned!!! Forgot to check that i had put my full name in also had to do a remission form (i think that was called) to reduced the ammount the i had to pay to the courts

 

So now a little later than planned, it is now underway !!!!!!

 

It was deemed served on the 1st june 07, and the defendant has to reply by the 15th of june.

 

Today i recieved a court letter to say that Capital One has filed an Acknowledgement of service and that they intend to defend all of my claim, My questions is now,

 

What will happen next ??

What should i be doing now??

 

any help apprecieated!!!!

  • Haha 1

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Hi, they have 28 days from when the claim was deemed served to file a defence. If they dont then you can ask for judgement. Can you send you litigation details to me via pm please.

The claim number,date issued, bank,username and claim total. thank you.


 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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hi everyone

 

Well there was a delay in sending in my n1 form to the courts as it got returned!!! Forgot to check that i had put my full name in also had to do a remission form (i think that was called) to reduced the ammount the i had to pay to the courts

 

So now a little later than planned, it is now underway !!!!!!

 

It was deemed served on the 1st june 07, and the defendant has to reply by the 15th of june.

 

Today i recieved a court letter to say that Capital One has filed an Acknowledgement of service and that they intend to defend all of my claim, My questions is now,

 

What will happen next ??

What should i be doing now??

 

any help apprecieated!!!!

 

This is what they did with me. They will pay up, either just before the date upon which they have to file their defence or maybe on the date. They'll send you a letter saying "We know we're right but we're paying you your money anyway." If you're expecting a cheque, wait until you've received it and banked it before you inform the court of setttlement.

 

HTH


'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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hello

 

Well , I have WON!!!!! I recieved my letter from them on tuesday 19 june saying they have credited my card and will send remainder in a cheque within 14 days!!!

 

My question is how long does it actually take for them to send the cheque??? Are they good with sending them out or will it be a case of chasing them up?? I have not cancelled my court claim yet as I will do that as soon as cheques comes (if it comes!!)

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