Elliejay39 v Cap One with CCI (maybe...)**WON**

[elliejay39]

Hi there,

I’m just preparing 2 prelim letters for my Cap 1 accounts. I’ve decided (I think!) to include CCI at prelim stage on the basis that had I had that money at the time I would have been able to reduce the balance and avoid paying their exorbitant interest (29.9% APR – I checked)

Now the majority of charges were quite early on as I had a particularly bad few years from 2000 – 2003. This does mean that the CCI increases the amount owed dramatically which is the only thing making me a bit nervous. On account number one the charges + monthly interest charged on them comes to £763 (£632+£131). By adding CCI the final figure comes out as £1913. Does this sound right? I have used Mindzai’s sheet for credit cards v1.1 and as I said before many of the charges were between 2001-2003. The second account is not so dramatic and only doubles the amount owing (gulp!) from £341 (charges +interest levied) to £658 with CCI.

If anyone’s around this weekend and has the chance to offer advice it would be much appreciated.

Thanks in advance

Ellie

[elliejay39]

Hi,

 

Well they've both gone! ( or will do when the post office opens tomorrow) I redid both spreadsheets using Vampiresses no 16 and came up with a similar figure (okay a little bit more...) thing is I understand the relationship between the charges and the interest with Vampiresse's spreadies and feel i can argue the case better this way if it gets to court. Bit of a b****r exporting to excel though - and trying to remember to use American date formats. Anyway, there we are.

 

Start the wait now and wait for the legendary Mr Uddy! :grin:

Night, Night

Ex

[Curlyben]

I can see exactly where you are coming from with this and I was thinking about doing the same with Crap1.

 

I'll await updates to see what happens.

[elliejay39]

Hi Curly Ben,

Go for it! Must admit that I had a bit of a wobble when I did the spreadsheets but then realised these damn charges keep so many people in poverty its a scandal. Had to laugh when I read the computer printout that they sent and the instances of 'into overlimit spiral'! Even their language makes you realise that they know EXACTLY what they are doing. - you could almost feel the glee and hear their champagne corks popping as they toasted another one falling into their beastly trap (evil laugh sound effect...)

Anyway rant over - i did read somewhere else on this site that a Cap 1 worker had suggested that poilicy is that they will NEVER actually go to court to defend so that gave me the courage I needed to test my case as it were. i know others have done the same and won so here goes. I'll keep you posted and good luck.

 

Ellie

[Curlyben]

OK just received my Crap1 paperwork and I must say very impressed so far.

They have delivered EVERYTHING I asked for including FULL screen dumps from their computer systems.

 

Now on to the charges.

I'm trying to get my head around the differences between the simple and advanced sheets.

I'm going to go for CI without compund as that would SERIOUSLY bump my claim, way over what I believe is acceptable.

My card dates back to early 2000.

Any advice ?

[Curlyben]

How's the sound:

http://www.consumeractiongroup.co.uk/forum/capital-one/83965-cb-capone-ci-advice.html

[elliejay39]

I'm wondering I've messed up already...

As my first post stated I sent off 2 prelim letters (one for each account) on 14th April and have heard nothing back from the legendary Mr udy! I originally kept the claims separate as I had read (somewhere) that this was advisable. Having spent even more hours reading around the site it seems that I can't have 2 claims ongoing with same company at the same time (perhaps this would make me a vexatious litigant?).

So what now? Can I amalgamate at LBA stage, do i need to complete one claim before starting next or do I start all over (possibly making myself look like the amateur that I really am..!)

 

Please help

[Curlyben]

I must admit the idea of putting both together in your LBA makes sense.

I'd be inclined to give them until Wednesday/Thursday before sending it.

I assume you sent them recorded, as it's possible that they where lost in the post.

[elliejay39]

Hi CB,

 

Both delivered on 17th April so 14 days gives them until Wednesday and I'm happy to wait until next weekend. I think I'm more concerned about whether suddenly combining them gives them ammunition against me in terms of following procedure. Also would I stick to 2 spreadsheets or combine them with an additional column for account number against charge, or perhaps just add a cover sheet with totals on?

 

Did you send yours off?

[Curlyben]

We in your LBA explain that you are putting both together to make the claim easier to administer.

They don't need to know anything different.

[elliejay39]

Yes I think you're right. I'll wait and see what happens this week - Mr udy might just settle on both with no need for further action:D If not I'll amend and combine and i think i'll use separate spreadsheets with a clearly identified COMBINED TOTALS row on front page.

[elliejay39]

just getting ready for the next round. How does this sound as a way of combining the two claims?

LETTER BEFORE ACTION

 

Dear Sir/Madam

Re: ACCOUNT NUMBERS: ****************

****************

 

I recently sent you 2 separate letters requesting you refund all charges applied to the above accounts in my name. I am very disappointed that you have failed to respond to either of these letters dated the 14th April 2007 and in an attempt to lessen the administration time spent on both our parts I will from now on deal with both of these accounts as one issue.

 

I now understand that the regime of 'fees' which you have been applying to my accounts in relation to direct debit refusals, over limit fees and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my accounts. 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 accounts in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

From account no ****************. I calculate that you have taken £XXX plus £XXX.XX which you have charged me in compounded contractual interest at 29.9 % for the sum which you have taken.

Total £XXX.XX.

 

From account no. **************** I calculate that you have taken £XXX plus £XX.XX which you have charged me in compounded contractual interest at 29.9 % for the sum which you have taken.

Total £XXX.XX.

 

I also claim interest at a rate of 29.9% as set out in the attached list of charges. I believe this rate to be justified under the principle of mutuality and reciprocity, and is based on the interest rate that would be applied under the terms of the above mentioned accounts. I am prepared to freeze interest from the date of my first letter in an attempt to encourage early settlement. Therefore the amounts owed as of today’s date remain:

 

Account no.****************

 

 

£X,XXX.XX.

 

Account no. ****************

 

 

£XXX.XX

 

Combined total

 

£XXXX.XX

 

 

 

I am enclosing a copy of the combined schedule of the charges which I am claiming. I have already sent you copies of these in my original letters of the 14th April 2007

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount including interest compounding daily plus my costs and without further notice.

 

All comments & suggestions gratefully received.

 

Thanks

 

Ellie

 

 

 

[elliejay39]

formattings a bit skew whiff but it looks ok on the letter

 

[Curlyben]

Looks good to me.

[elliejay39]

Thanks CB, I've just found a great thread so may edit it a bit before it goes.

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/49074-can-we-have-new.html

 

Gosh your head spins with all the info doesn't it!

[cameo77]

Wish you well with Future mortgages. I tried them for the morgage fee and they sent me reams of docs, that I'm yet to thrash through. but i will. Working on cap visa at the mo. them omitted to send the mastercard so another letter and a call 2morrow...

[elliejay39]

Thanks Cameo,

I didn't have any joy with the exit fee as they told me they would charge an arm & a leg if I ever escaped:D

Fortunately I had my statements so just going for charges with them - until there is prgress on ERC's....!

Good luck with your claims.

Capone were pretty off the mark with my info - Perhaps they're getting inundated. Did you have both account numbers on S.A.R - (Subject Access Request)?

Are you planning joint or separate claims?

[elliejay39]

Sent off combined LBA on Tuesday after receiving 2 identical letters from cap1 looking into my complaints from 2 different people: one from mr Udy & one from Ellie Renshaw. Anyway after a lot of thought and consideration as to how to proceed I've sent the LBA to Ms Renshaw for three reasons:

1. she responded to the biggest claim

2. figured Mr Udy had plenty to do given the number of times I've read his name on this forum

3. The coin landed heads up!

[Curlyben]

Still waiting on my response, should be middle of next week sometime.

 

Well here's hoping anyway

[falcon65]

I also have 2 accounts with cap1 so is it better to lump them both together to save admin ect or keep seperate.I hope you dont mind Ellijay if I use a slightly edited version of your above LBA.

[elliejay39]

Don't mind at all Falcon. I thought about doing 2 claims and it seemed a bit of a waste of everyones time actually and i though it might look bad to the judge. Plus of couse its cheaper to combine the claims...!

I started out with 2 prelims but then combined at LBA but would have started out with just one if I could go back. You just need to be confident in whatever way you choose really. Good luck in either case. Have you started a thread yet?

[elliejay39]

Gosh, got quite a lot of updating to do here.

On 17th May I had an letter from Ms Renshaw refunding difference between £20 & £12 which they credited to each account. Of course I wrote back rejecting the offer and advising them i would still be progressing to court. I've heard nothing else and refunds remain on my accounts so have deducted them from bottom of spreadsheet and claim was filed on Monday. I recevied notice of issue back today and Cap one's will be deemed served on 13th June. They have until 27th to reply. Here goes then.....

[ukaviator]

Well done Ellie. They will Acknowledge, then say they are defending, then pay out. This happens on nearly every claim submitted. Not long now.

 

Uk

[elliejay39]

Thanks Uk, I hope so!

Do I need to PM someone with my litigation details or should I wait till its concluded?

Ellie

[ukaviator]

Send them to me if you like with the date you filed..

 

Uk