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

[elliejay39]

well that was quick - acknowledgement of service filed on 19th June.

'The defendant responded to the claim indicating an intention to defend all of the claim'

So presumably I wait the 28 days for the defence to be submitted now. At what stage is a court date set, and when might I need to fill in an AQ?

 

Ellie

[ukaviator]

Great . .judging by their history, you should get your refund any day now.

 

Uk

[puddinpie]

elliejay39

 

Looks like we had exactly the same timescales

 

I have just logged in to my cap one account and it looks like they have just settled and that was for CCI @ 34.9% (unauthorised borrowing) - total claim just over £1,800.

 

You shoud have a settlement any day now ............

 

They didn't even defend mine......don't even know if they acknowledged it either ........... I sent the N1 off and they had until 19th to acknowledge and I havn't heard anything from court yet !!

[elliejay39]

Wow,well done puddinpie!

 

I'm guessing that you must have filed your N1 around 3rd or 4th June which means I'm about a week behind you. I hope they do the same for me. I could do with the dosh to start file my claim against Abbey, lol.

 

Thanks for the encouragement..

 

Ellie

[Curlyben]

Good to hear that.

Well done indeed.

I'm going to get my N1 sorted this weekend and file next week.

My local CC is only a few miles up the road, be good to get to know exactly where it is.

 

Least I'm not the only one they ignore I thought that they didn't like me

[elliejay39]

Hi ben, Its a good feeling when you put that form over the counter. I can imagine it becoming a bit of an obsession - in fact I can't wait for my next one! (I then have 4 more who have completely ignored my SAR's so far but I'll get them eventually!)

i think its a bit of a lottery with Crap 1 though, I know they don't always pay CCi without a fight so will be interesting to see if we're as lucky as puddinpie - fingers crossed.

[Curlyben]

Same here I need something to fund my LTSB action, now that's gonna be hard going.

[elliejay39]

Well, Timescales working out so far! 21 days since I filed and I logged on to one of my accounts this morning to find that the debt has been wiped. Can't check the other as the card has expired and i've lost the replacement (doh!) If they have cleared both debts then there is still the small matter of a cheque for the rest (around £2k) No letter as yet so not sure whether they're settling my full claim. Will keep you posted.

The suspense is killing me....

[Curlyben]

Another Result !!

[sowerby17]

that is great news i filed n1 on 21st june recieved acknowledgement and intention to defend so i think i have a bit to wait yet.

[ukaviator]

Great news Elliejay . . . well done.

 

Don't forget to fill in the survey and a donation to help others

 

Uk

[sowerby17]

hi did you check your accounts every day?

[elliejay39]

checked just about every day (sometimes twice:D)

 

I've now checked over the phone that they have cleared the smaller account. However, they paid in loads more than was owed and there is also a transaction out of around £700. Now this might be a cheque on its way to me which, if its the remainder of the refund, means they haven't accepted CCI, just 8% + a bit for good measure. I'll know more when I get a letterso fingers crossed (oh and donation on its way as soon as cheque arrives & is cleared - I'd rather not put it on a credit card with those rates of interest - lol!)

Ellie x

[elliejay39]

oh and I've checked it twice since - keep thinking they'll take it back out again !!!!!

 

Can't wait to see my thread changed to 'WON' but I'll hang on till I find out officially.

[sowerby17]

you happy with the 8%then?

[elliejay39]

Not particularly but until I get some communication from them I'm just guessing really. Maybe the cheque they evenually send will come closer to my original claim? I do know that in some cases they have refunded charges plus ALL purchase interest paid on account and 8%. if they do this to me then the fight would be so much more difficult in court. Do you know of anyone who has been offered this and stuck out for contractual?

[sowerby17]

i did not claim purchase interest.Maybe i should have.

[elliejay39]

Ok, I've had the letter and its as I thought they have refunded all charges, All purchase interest since inception on both accounts (so I've had 2 interest free cards for 6 years!) and 8% stat interest (although this doesn't agree with my calculation of it so will check that later) I've pondered and pondered but I really don't want this to drag on with no real guarantee of success particularly as they have credited my accounts with more than the actual charges so i would be going to court for CI alone.

As most of my charges are old the difference is quite significant at around £1000 less than claimed but having read Doo's saga (which I believe is still ongoing.) I kind of suspected that this would be their tactic with me as the CCI added up to so much more than my purchase interest so I had kind of reconciled myself to this amount. I'm not sure what planet they are on as the letter really doesn't understand the concept of CCI and the writer seems to think that i am really bad at sums, for this reason I was tempted to write back and refuse spelling out (again!) the principles of unjust enrichment etc etc but on balance this little payout will get me solvent again and fund my next round with Abbey & beyond. And lets not forget I have got ended up with about £400 more than had I just gone for charges, purchase interest on charges & 8%.

 

Sowerby , what stage are you at, did you claim the portion of purchase interest attributable to charges and have you gone for CI or stat?

[rockinrodders]

Hi, I read on one of the other threads that user DAD had a claim with contractual interest and his bank offered settlement in full minus the contractual interest, but he declined it and so when he got to court he was arguing solely on contractual interest and not the charges. He lost in the high court and thus actually set a precedent meaning no court is likely to award contractual.

 

So I would be very very wary of declining their full offer plus stat unless you are confident of a new CCI argument andf may even be liable for costs according to some of the experts here.

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/97691-contractual-interest-precedent-lost.html

 

I have seen lots of threads recently of cap one still paying out CCI since this but obviously they will pick and choose. I am still waiting for a response to mine which is similar to yours in that the interest was much higher than the total of original charges.

[elliejay39]

Thanks Rodders, I agree and as I said they have given me the full purchase interest which is a bonus so I'm happy (or will be when the cheque arrives lol!)

 

Good luck - maybe you'll be one that slips through?

[livelylad]

Congratulations, please donate so we can help others.

[elliejay39]

absolutely - as soon as cheque received & cleared. Without this site I would only have asked for charges - and not with any sense of confidence either. The support and advice has been great. Phew - talk about learning curve...! Thanks to everyone - hopefully I can also pass on some of my learning to other caggers

 

Abbey next - Hopefully a decent donation out of that one too :D

[Curlyben]

Way to go Ellie.

Result !!!

[elliejay39]

Thanks Ben, waiting for yours now - have you filed that N1 yet?

 

Ellie

[sowerby17]

Well i typed in the spreadsheet amount of charge the date it incurred and the computer told me the interest.I only claimed on the charges.