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lana v Capital One ***WON***


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Hi everyone,

 

I've got an active account with capital one, i've just had a question answered about claiming for charges - that I can claim on this.

 

My question is - might sound a bit silly really as i've been browsing the boards for some months now but.....

 

I'm a little worried that if I start and proceed to get charges back, they will withdraw my card and demand the balance owed on the account, currently around £550.

 

a) can they do this? and

b) what can I do about this if anything?

 

Still a novice so please be gentle with me :confused:

Scientia est Potentia :cool:

 

Story so far:

Halifax - called 02/04/07 refunded £230 07/04/07

Abbey - on hold :(

Cabot - they've given up! :roll:

Capital One - Won including CI :o

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Hi Lana

 

You can claim back your charges with interest as well. They may cancel your card, depending on how the account has been run. They seem to keep most customers but then put up the interest rate. Some of us have had letters advising us of an increase due to market conditions.

This is quite clearly retaliatory action, which i am looking at.

 

 

Uk

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

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Thanks for that Uk,

 

I've just had a letter putting my interest rate up too, which is why I asked the question, although i haven't been a bad customer, have gone over limit the odd time, purely by accident then been stung the month later by 20 quid charges for going over.

 

When I win with the abbey will pay it off and then go for the charges back.

 

Thanks for your help though

 

Lana

Scientia est Potentia :cool:

 

Story so far:

Halifax - called 02/04/07 refunded £230 07/04/07

Abbey - on hold :(

Cabot - they've given up! :roll:

Capital One - Won including CI :o

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Hi Lana - me again!!!! Just a quick point re Cap One - they seem to pay up very quickly after Court claim is issued, rather than forcing you down the AQ and Court Bundle route. You'd very likely get your money back much quicker than from Abbey. By the way, theres a reply from me on your Abbey thread. All the best;)

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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Thanks for that adam, just a bit worried in case they call in the debt, can't afford it at the mo :(

 

Will think about it over a vodka tonight lol

 

Thanks tho :D

Scientia est Potentia :cool:

 

Story so far:

Halifax - called 02/04/07 refunded £230 07/04/07

Abbey - on hold :(

Cabot - they've given up! :roll:

Capital One - Won including CI :o

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I've read on other threads that legally they can't call in the debt on an account thats in dispute, and certainly can't after Court claim is issued. If you look around the Cap One forum I'm sure you will find the info.

 

Have a vodka for me!;)

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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Nice one, music to my ears, both about the card debt and another vodka, will have to be careful or will get a rep for being a plonkie ;)

Scientia est Potentia :cool:

 

Story so far:

Halifax - called 02/04/07 refunded £230 07/04/07

Abbey - on hold :(

Cabot - they've given up! :roll:

Capital One - Won including CI :o

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Share on other sites

No way - long way to go!!!!!!!!!!!!!

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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  • 1 year later...

Hi everyone,

 

Its been a while but have finally got round to going after CapOne again with one thing and another it got pushed to the back burner.

 

Have finally received my statements and I was wondering if I go after the interest they've charged me aswell (spreadsheet to calculate from Steven4064's signature), the interest on the charges isn't the 8% court interest.

 

The question is, do I add this interest to the claim (which doubles the whole amount) or do I just leave it and go for the 8% at court stage, am so confused, can someone help please :???:

 

Thanks guys

Lana

Scientia est Potentia :cool:

 

Story so far:

Halifax - called 02/04/07 refunded £230 07/04/07

Abbey - on hold :(

Cabot - they've given up! :roll:

Capital One - Won including CI :o

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Share on other sites

You can do both - see my interest tutorial

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Thanks for that Steven,

 

I got down to the bottom bit about claiming interest and then my brain turned to mush lol

 

So, If I understand this right, I can submit LBA for charges + huge interest

then if I get no response submit claim for charges + huge interest + 8% interest + court costs?

 

If the latter is correct, do I add the 8% on each charge + interest on the spreadsheet so for example my first charge is a late payment fee of 20 in november 03 so would that be:

20.00 + int of 44.10 = 64.10 is this what I add the 8% to, if so, the 8% interest would be 22.89 so that would mean this charge would turn into 86.99?

 

Now see why i'm confused lol

Sorry to be a pain

Scientia est Potentia :cool:

 

Story so far:

Halifax - called 02/04/07 refunded £230 07/04/07

Abbey - on hold :(

Cabot - they've given up! :roll:

Capital One - Won including CI :o

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Share on other sites

Sorry Steven, one more question :(

 

On your spreadsheet the interest shows at 29.9%APR, the interest rate on my card currently shows 30.34% so should I leave your figure as it is?

 

Thanks again

Lana

Scientia est Potentia :cool:

 

Story so far:

Halifax - called 02/04/07 refunded £230 07/04/07

Abbey - on hold :(

Cabot - they've given up! :roll:

Capital One - Won including CI :o

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Share on other sites

Sorry Steven, one more question :(

 

On your spreadsheet the interest shows at 29.9%APR, the interest rate on my card currently shows 30.34% so should I leave your figure as it is?

 

Thanks again

Lana

Change it to your figure. The 29.9% was what GE charged us

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Thanks Steven :)

 

Am still a bit confused about the interest thing though, wonder if you could look over my post #11 and try and make sense of it please.

 

Many apologies as I know you're probably really busy :(

Cheers

Scientia est Potentia :cool:

 

Story so far:

Halifax - called 02/04/07 refunded £230 07/04/07

Abbey - on hold :(

Cabot - they've given up! :roll:

Capital One - Won including CI :o

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Share on other sites

see below

Thanks for that Steven,

 

I got down to the bottom bit about claiming interest and then my brain turned to mush lol

 

So, If I understand this right, I can submit LBA for charges + huge interest

then if I get no response submit claim for charges + huge interest + 8% interest + court costs? yes

 

If the latter is correct, do I add the 8% on each charge + interest on the spreadsheet so for example my first charge is a late payment fee of 20 in november 03 so would that be:

20.00 + int of 44.10 = 64.10 is this what I add the 8% to, if so, the 8% interest would be 22.89 so that would mean this charge would turn into 86.99? yes

 

Now see why i'm confused lol

Sorry to be a pain

Compound interest is a wonderful thing:)

 

(but it's what they charged you :mad:)

  • Haha 1

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Many thanks Steven :)

 

All I can say is WOW lol

 

I really do appreciate your help with this. Thanks again and watch this space. Approach for payment being sent tomorrow :D

 

Will keep you posted

Lana

Scientia est Potentia :cool:

 

Story so far:

Halifax - called 02/04/07 refunded £230 07/04/07

Abbey - on hold :(

Cabot - they've given up! :roll:

Capital One - Won including CI :o

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Share on other sites

Hi Lana

 

Good to hear from you again.

 

Just out of 'interest', and to try and help, with my Cap 1 claims what I did quite simply was to calculate the point in time when, had it not been for the 'unlawful' charges applied to the account by Cap 1, the account would have had NO outstanding balance, and would therefore have incurred no interest charges. From that point onwards I included all the interest charges they applied to the a/c on the spreadsheet, and treated them in exactly the same way as charges they applied for late payment etc etc.

 

End result - they paid up almost immediately, and in full, and including the 8% Statutory interest that I added to each 'Charge', and to each ammount of interest, as I had issued the claim in Court - they paid up within about a week after my doing that!

 

Hope that helps, Lana.

 

All the best - Adam.

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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The problem is that you cannot work out exactly how much interest you have been charged without access to the software the company uses to calculate it. You have to estimate it the best you can. Adam's way is a good way of doing it. It's only problem is that it misses some interest charged before the point at which the whole balance is made up of charges. Its good point is that it is wholly defensible.:)

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Share on other sites

Thanks to you both for that, am so confused when it comes to this interest thing :confused:

 

All i've done is used Steven's spreadsheet that works out the interest at 29.9% and then on another sheet added on the 8% for the court cos knowing my luck it will go that far......it looks amazing as one charge back from Nov 2003 is worth just under £87.....that'll do me lol

 

Just might need a little help when they try to confuse me with interest twaddle in their letters rofl

 

Anyway, thanks again

Lana:D

Scientia est Potentia :cool:

 

Story so far:

Halifax - called 02/04/07 refunded £230 07/04/07

Abbey - on hold :(

Cabot - they've given up! :roll:

Capital One - Won including CI :o

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Share on other sites

Lana

 

If you want me to check your spreadsheet, feel free to e-mail it to me at my CAG address

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Thanks Steven,

 

Have sent it for you.

Cheers

Lana

Scientia est Potentia :cool:

 

Story so far:

Halifax - called 02/04/07 refunded £230 07/04/07

Abbey - on hold :(

Cabot - they've given up! :roll:

Capital One - Won including CI :o

Link to post
Share on other sites

I'll come back to you later - possibly tomorrow as I'm busy tonight

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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The spreadsheet is fine (it’s actually my spreadsheet!) You need to be clear though what you are claiming. Calculated like this, you are not claiming the interest they levied on the charges. That is quite a complicated calculation where you apportion each interest charge on your statement between interest on credit and interest on charges. If your account is kept up to date most of the time, this is usually quite small. (My Goldfish claim was for charges of £277 – interest levied was £44.87 and interest calculated as you have was £455)

The interest you are claiming by doing it this way is interest in restitution for the fact that Cap1 took your money unlawfully. This is all explained in my interest tutorial and you will see how to ‘explain’ it in the various letters and court claim on my Goldfish thread – both are linked from my signature.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Share on other sites

Thanks for that Steven,

 

Have had a read today and make more sense of it. I wasn't going to add any interest on the charges before adding the restitution interest but i'm going to now.

 

Have just typed up the letters after reading your Goldfish thread again and have added one of your paragraphs (hope you don't mind) so hopefully I won't get a letter from them asking me to explain it, otherwise will be shouting for help again lol

 

Hope this works

Thanks again :)

Scientia est Potentia :cool:

 

Story so far:

Halifax - called 02/04/07 refunded £230 07/04/07

Abbey - on hold :(

Cabot - they've given up! :roll:

Capital One - Won including CI :o

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Share on other sites

Have just typed up the letters after reading your Goldfish thread again and have added one of your paragraphs (hope you don't mind)
That's why tey are posted

so hopefully I won't get a letter from them asking me to explain it,

Just so long as I don't get a letter from them asking me to explain it :D

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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