KM_S v Capital One ***WON***

[KM_S]

Thanks to everone who has watched and supported me, you know who you are but a special thanks for UK and doo without your support and help im not sure i would have gone through with it. I will beleive the final outcome though when the cheque arrives and i have no doubt there will be some hassle getting that.

To all new claimants the process is long and hard but the more of us that claim and win then these companies will finally learn that punnishing customers finnacially is detrimental to them as much as its detrimental to us. All we ask for is a fair deal.

Go for it.

 

KM_S

[cameo77]

Congratulations to you. I also am waiting for the their deadline to pass. 2nd July 07. I don't think I'll bother to give them a letter before proceeding with req for judgement.

 

I'm well pleased for you. We all need the encouragement to play the waiting game.

[KM_S]

Cameo77

Thanks for that but it wont do any harm in writing to them if they dont acknowledge, think of it that if the judge wants to hear your arguement then the fact you gave them extra time would go well in your favour--- treat it as an insurance policy.

[cameo77]

Cameo77

Thanks for that but it wont do any harm in writing to them if they dont acknowledge, think of it that if the judge wants to hear your arguement then the fact you gave them extra time would go well in your favour--- treat it as an insurance policy.

 

Thankyou. Will do.

[KM_S]

Just had a statement from Crap1 informing us we had missed a payment so I phoned them up and asked why they had not paid me. I was informed that they have no record of the judgement. Now I am certain they are lying but my question is what do I do?, should I write to them or contact the court or just wait till the month is over and ask for the bailiffs to go in.

[sowerby17]

Well the statement could have been done before the award was made and the person at the end of the phone probs not been informed of award made. I would not bother if your cheque dont arrive in the next 7 days i would ring their solicitors or whoever said they were settling and ask where it is.

[KM_S]

They never said they were settling, the judgement was made in default so the only number I have is their normal number.

[sowerby17]

Sorry i mis read the thread.IF I find a different no like one for thier solicitors will let you know.

[KM_S]

Folks

Need some advice, I have had a letter from Crap1

 

Account number xxxx-xxxx-xxxx-xxxx

Claim number 7BV00708

 

Dear KM_S

 

We are in receipt of the Judgment for the Claimant (in default) issued on the 20 June 2007. This claim was never received by us; our first knowledge of the claim is this judgment. We have contacted Bury St Edmunds County Court and informed them of this and have now recieved the claim form by fax.

 

We have now looked into your claim and are prepared to offer the following settlement:

 

Default fees - £1862

Purchase interest - £426.21

Interest at 8% - £323.62

Court fee - £120

 

Total £2731.83

 

Fees

 

It is denied that these fees are unlawful as they are detailed in your terms and conditions and in our welcome pack. Our fees are based on the costs we incur when a customer breaks their contract by missing a payment, paying late or going over their credit limit. The fees are only levied when a customer breaches thir contract in this way and can be avoided if payments are maintained and the balance kept within the credit limit. We have calculated the amount of fees charged to your account and the total amount is £1413. You had a refund of £60 for default fees in March 2006; therefore the total amount outstanding is ££1353.

 

However, as a gesture of good qwill in an attemt to settle the matter without the need for a court hearing, we are prepared to refund the total amount of £1862 you have claimed for fees on a without admission basis. This will mean that you will be refunded the entire amount of fees outstanding of your account of £1353 plus a goodwill gesture of £509.

 

Interest

 

A claim is made for interest at a rate of 28.02% from the date of each transaction until 16 May 2007 totalling £2664.69. As stated above we have agreed to refund purchase interest charged on your account totalling £426.21 and statutory interest totalling £323.62.

All default fees charged to any account are always charged at the purchase interest rate. The amount of purchase interest you have been charged includes the interest on all your purchases and only a very small portion of this figure has been charged on the default fees.

A refund of your purchase interest means you were receive significantly more in interest refunds than the amount of interest the fees on your account ever incurred. it also means you will have held an account with us since opening without having to pay interest for any of your purchases.

 

There has been no unjust enrichment on Capital One's part. Capital One believes its fees to be fair.

This is not a situation where a bank has had the benefit of a cardholder's money. Your account is for a credit card, effectively a high interest loan.

 

Compound interest will not be allowed in a claim of this nature except where there is an agreement to pay it. We believe the interest we have refunded to you more than compensates you and has already put you back in a better position than the position you would have been had the fees not been added to your account. This interest we have refunded effectively means you have had an interest free credit card.

 

Method of payment

 

When you opened your account you signed an agreement agreeing to abide by the terms and conditions of the account. Within these terms and conditions, you are informed that,

'You must immediately pay any amount borrowed under this agreement in excess of your credit limit or which is overdue and the amount of any transaction made in breach of this agreement'.

As your account is behind with payments and over limit, and this amount remains properly due and owing to us and we are entitled to set off the money that we refund to you against your account, of the £2731.83 in refunds we have credited £793.53 to your account in order to bring it up to date and arranged to send you a cheque for £1962.30 which you should receive within 14 working days.

 

We do hope you will accept this settlement however if you do not, we believe that continuing to persue this matter on the basis that you are entitled to compound interest at 28.02% is both vextrous and disproportionate. If you do seek to continue this matter, we will issue an application for an Order of judgment to be set aside under Rule 13.3(1)(a_ of the Civil Procedure Rules and we will then make an application to have your claim struck out under Rule 3.4(2)(b) on the basis that it is vexatious and scurrilous and is against the overriding objective of the Civil Procedure Rules to allow it to continue.

 

Yours sincerely

 

Graham Daley

 

 

 

Well what a letter, half of me thinks I should reject their offer and 'go for the throat' but the other half tells me a bird in the hand etc.

 

comments please!!!!

 

KM_S

[dpick]

Judgement by default 23rd June and now starting to communicate with you I would have a word with the court on Monday. I applied for judgement by default on the 5th July against CRAP1 and will watch with interest. I believe this is just CRAP1 being prats again they would have been screaming bailiff at you by now.

 

dpick:)

[adamc6671]

Hi KM-S

 

Firstly WELL DONE!

 

Secondly, there does seem to be a lot of doubt, on several different forums, over the issue of claiming CI, and I've read several times of Courts not allowing that part of claims which have come before them, in circumstances like yours (judgement by default). If it was me, I think I'd take what they've offered (which seems to be all that you've claimed except for the CI) rather than risk more delays and taking the risk of them actually asking the Court to strike the claim out.

 

Hope that helps - all the very best - Adam.

[dpick]

Judgement by default 23rd June and now starting to communicate with you I would have a word with the court on Monday. I applied for judgement by default on the 5th July against CRAP1 and will watch with interest. I believe this is just CRAP1 being prats again they would have been screaming bailiff at you by now.

 

dpick:)

 

Hi dpick again the post came just after I posted the above CRAP1 letter they have paid my claim in full including ci.

My claim was straight forward charges + interest they charged + ci at same rate they charged me = £1666 paid in full without accepting liability and the letter was sent same day as I applied for judgement so they would not have known I had applied they did not even acknowledge the claim.

 

This is just my opinion you have judgement by default a judge has given the judgement they will have a hard job to convince him that he should change anything when they wrote to you first and not to the court. Dont forget they will have to convince a judge they did not receive the notice of proceeding etc.

 

all the best which every way you take the claim dpick:-D

[doo]

Hi KMS - don't panic - take dpick's advice and first thing Monday morning ring the court, they have awarded judgement by default back in June, Cap One cannot work to their timetable, they must abide by the court's, at least that's the way I see it.

[doo]

KM S, any news?

[KM_S]

doo

Not heard anything yet, wife has decided to take their offer its still a heck of a payout. Their letter was dated 29th June so they still have a few days until the 14 working days are over. Mind you if we dont receive cheque then it might well be a different matter.

 

KM_S

[doo]

Did you ring the court, just wondered what they said, I would have thought if you were awarded judgement then you would get the full payout. Keep us informed.

[KM_S]

Have just spoken to the court, CAP1 can ask for a set aside but would have to give a good reason why they didnt respond to clain in first place. When I get home I will phone the system to see if they have paid anything to the account. Just not sure what to do.

[ukaviator]

First check your account online and see if they have paid.

[KM_S]

Have checked account they have NOT credited the account with anything. Now considering they said in their letter "As your account is behind with payments and over limit, and this amount remaims properly due and owing to us and we are entitled to set off the money that we refund to you against your account, of the £2731.83 in refunds, we have credited £7659.53 to your account in order to bring it up to date and arranged to send you a cheque for £1962.30 which you should receive within 14 working days."

 

Now bearing in mind that letter was typed on the 29th June I am sure it does not take 13 days for them to credit my account, I certainly get the impression they are leading me up the garden path.

I would appreciate a general concenus here.

 

KM_S

[sowerby17]

you could try ringing them.As the money credited supposedly to your account should be there and showing a nil balance.suppose bailiffs could be the order of the day.

[KM_S]

Right im going to take a big gamble on this, I have spoken to wife and we have agreed that if there has been no payment by the 19th July then we are going to ask for the bailiffs to go in. Cap 1 I know you read this forum are you ready?.

 

KM_S

[sowerby17]

Had a think about this and you could ASAP send them a letter telling them of your intentions and asking for the money to be paid directly into your bank account.At least then you have been very fair to them and given them every opportunity to pay.

[doo]

KM S, I have an e-mail address for Carolyn Parsons in the legal dept if you want to give that a go.

[KM_S]

doo just writing a letter, please cast your eyes over this and see if looks ok.

 

Executive Office

Capital One Bank (Europe) plc

PO Box 5281

Nottingham

NG2 3HX

14 July 2007

Dear Mr Daley

ACCOUNT NUMBER: xxxx xxxx xxxx xxxx

Claim No 7BV00708

Thank you for your letter dated 29th June, however I would like to point out the following.

i. You say you did not receive the claim, yet I wrote to you on the 5th June advising you that a claim had been deemed served on the 18th May and giving you until the 1st June to acknowledge. I even gave you a further 7 days to respond to the court, this letter was sent registered mail and signed for.

ii. You say you have credited my account with £769.53, when was this done as it is not in my account.

iii. I have spoken to the court and have been informed that for you to ask for the judgment to be set aside you would have to explain to the judge why you did not respond to the claim, saying you did not receive it would seem hardly credible when you responded to my letter informing you that it was deemed served.

iv. You say that you are sending a cheque for the balance which we should receive within 14 working days, that Mr Daley is Thursday 19th July, if I have not received any payment by then you give me no other option than to ask the court for an enforcement order which will mean bailiffs calling at your office. I am sure that you do not wish for that to happen.

v. I further instructed you that my husband has my permission to discuss my account with you, again you have failed to act on my instructions.

I look forward to your prompt response to this letter.

Yours Faithfully

[KM_S]

Can someone give me some advice please.

I have written, phoned and done just about everything I can but I just cant seem to get any joy from Cap 1. The judgment was founfd against them (in default), they still claim they did not know anything about the claim despite me writing to them advising them they had not responded to the court. I sent them the letter in my previous post which I checked was delivered. The money they say they have credited to my account is still not there, do I know ask for execution of warrent?.

 

KM_S