Nicolee2931 v Capital One

[c_allen]

replied on your thread:D

[nicolee2931]

Yes there is plenty of people to help you. There are also lots of threads which discuss it so have a read up on it so you understand the context of CCI. The start your own thread and if you are not getting answers, post a link to it here and I (and probably others) will take a look for you.

 

Good Luck

 

Thanks again folks for the "well done's" :-D

 

Well done on your win with capital one

 

I'm currently taking on capital one for a refund of my charges, and are claiming CCI, but I need some re-assurance on the figures, as they seem high i'm claiming 34.9% as advertised on their website, but it just seems wrong c-allen has looked at it for me, the more nodding heads I get the better i'll feel.

 

http://www.consumeractiongroup.co.uk/forum/capital-one/59665-thesergeant-crapitol-1-a-3.html#post793595

 

I posted it there just to get an answer, but I have my own thread here

 

http://www.consumeractiongroup.co.uk/forum/capital-one/84076-nicolee2931-capital-one.html

 

Many thanks Nicolee..

[doo]

nicolee, I see you have been posting everywhere for advice, keep your thread up to date and it will be easier for everyone to help you, am subscribing to this now.

[nicolee2931]

nicolee, I see you have been posting everywhere for advice, keep your thread up to date and it will be easier for everyone to help you, am subscribing to this now.

 

Okay no probs thanks for the advice, I tried keeping this thread alive, but found posting on others yielded more advice.

 

This is where i'm at, I have the letter and spreadsheet ready to go for my claim but the amounts on the speadsheet look rather high, c-allen looked at it and it looked fine but the more peeps say okay to it the better i'll feel.

 

Nicolee

Capital One

**** **** **** 4499

 

CLAIM DATE: 04/05/2007

CONTRACTURAL INTEREST RATE: 34.90%

TOTAL CLAIM: "£1,344.25"

 

TOTAL AMOUNTS £414.00 £930.25

 

Charge Reason Charge Amount Charge Date Interest

Late Payment Fee £18.00 24/06/2002 £80.18

Overlimit Fee £18.00 25/06/2002 £80.08

Overlimit Fee £18.00 18/07/2002 £77.95

Late Payment Fee £20.00 23/12/2002 £71.67

Overlimit Fee £20.00 24/12/2002 £71.58

Overlimit Fee £20.00 17/01/2003 £69.50

Overlimit Fee £20.00 17/02/2003 £66.89

Late Payment Fee £20.00 22/01/2004 £42.84

Overlimit Fee £20.00 23/02/2004 £40.95

Overlimit Fee £20.00 18/03/2004 £39.57

Late Payment Fee £20.00 24/03/2004 £39.23

Overlimit Fee £20.00 16/04/2004 £37.94

Late Payment Fee £20.00 22/04/2004 £37.61

Overlimit Fee £20.00 17/05/2004 £36.25

Late Payment Fee £20.00 24/05/2004 £35.88

Overlimit Fee £20.00 16/06/2004 £34.66

Late Payment Fee £20.00 22/06/2004 £34.35

Overlimit Fee £20.00 16/07/2004 £33.12

Late Payment Fee £20.00 22/07/2004 £32.81

Overlimit Fee £20.00 16/08/2004 £31.56

Late Payment Fee £20.00 23/08/2004 £31.22

[redsonja]

Nicolee,

 

What spready are you using?

[redsonja]

Hi Nicoleeeeeeeeeeeee

 

Ive posted on your thread so it can all be kept together.

[nicolee2931]

Nicolee,

 

What spready are you using?

 

Its spreadsheet 13 compounded (Simple Version)

[doo]

No probs nicolee, I know what it's like when you need the help quickly - was in this position myself a couple of weeks ago and redsonja came to help so you are in good hands now. Any other problems just yell.

[nicolee2931]

just getting itchy now, I just want to nail these swines for nickng my money. I know i'll be fine once I know the spreadsheet is correct and I get that first letter sent off, I just need someone whos been there and done that to give me the nudge.

[doo]

Just keep posting, and you are absolutely right in making sure your spready is done correctly, you will feel much more confident then. Don't forget if claiming CCI you also mention it in your preliminary letter and obviously attach the spreadsheet. You will be fine, I was the same when I started mine and like you got some help.

[redsonja]

Soz for delay. Nic I will PM you my email addy and you can send me a copy as it is easier to read that way...thats if you want to of course.

 

Waves to doo

[dx100uk]

the spready is ok for vamp 13 esp as it goes back 6 yrs.

i would not worry too much about the actual figure

its the principle of claiming back that is the far more important thing to the CC Co.

 

just bear in mind cap1 wont pay anything but the diff of

 

go ahead and post.

 

we're all here to help

 

dx100uk

[nicolee2931]

Soz for delay. Nic I will PM you my email addy and you can send me a copy as it is easier to read that way...thats if you want to of course.

 

Waves to doo

 

I've sent it in a screengrab and a .xls file can't get my head around the google sheets, thanks for looking.

 

the spready is ok for vamp 13 esp as it goes back 6 yrs.

i would not worry too much about the actual figure

its the principle of claiming back that is the far more important thing to the CC Co.

 

just bear in mind cap1 wont pay anything but the diff of

 

go ahead and post.

 

we're all here to help

 

dx100uk

 

thanks for the support, the more I hear peeps say post it, send it now, the better I feel....

[redsonja]

Nic, the spready looks fine so get it off asap.

As DX says, they wont pay up until you file at court as we all well now.

Post any questions here as you go along and we will help you.

Expect the 1st letter to offer you the difference and then the next one to say, nope thats you lot. Stick strictly to your timescales and get it filed in court and watch the money roll in.

[nicolee2931]

Nic, the spready looks fine so get it off asap.

As DX says, they wont pay up until you file at court as we all well now.

Post any questions here as you go along and we will help you.

Expect the 1st letter to offer you the difference and then the next one to say, nope thats you lot. Stick strictly to your timescales and get it filed in court and watch the money roll in.

 

thanks for checking that, I'll send it off first thing tuesday, do you suggest sending it recorded delivery or just get proof of posting?

[redsonja]

no probs. I sent all my inital letters via recorded delivery so I could check they received them. I also claimed the postage costs back when I filed to court.

[nicolee2931]

I don't know if it been asked before but how do you calculate daily rate of interest? I know the formula I used when getting bank charges back was Charges + Interest x 0.00022, but is it different if claiming CCI, as from the day the claim is submitted to the court you need to continue claiming the daily rate of interest at whatever rate you have charged.

[redsonja]

It changes every day really because of the compounding but the best way to get as close as possible is just add the next days date in the spready and deduct the total by the day before's. When you file, you can send updated ones anyway so the balance will be correct then.

[nicolee2931]

just keeping all updated, still no reply from capital one, hope to hear something soon from them, time is running out for them. I await and see what excuses they make.

[nicolee2931]

I today received a letter from capital one stating that my account has been sold to equidebt, I rang equidebt who said that the recent warrant was still outstanding. I have also today received my letter from the court saying I have to attend on 31st May for the hearing to have judgement set aside. I told this to the man at equidebt who said they would oppose any application. I asked the man about the charges, he said that any claim for charges still have to go to Capital one. The letter also says that any correspondence now has to be done with equidebt so they are trying to fob me off, I am going to write to Capital One again today stating that they are the ones who unlawfully applied the charges so I will be pursuing them. Any advice will be gratefully accepted.

[nicolee2931]

This is a copy of the original letter I sent on 4th May

 

 

Capital One Bank (Europe) plc,

Trent House,

Station Street,

Nottingham,

NG2 3HX.

 

 

 

4th May 2007

 

 

 

Dear Sir/Madam,

 

CARD/ACCOUNT NUMBER: 5460 9753 **** ****

 

It has been brought to attention via media coverage that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, 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 account. It is an implied term of that contract that you would conduct yourselves in a lawful 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 calculate that you have taken a total of £414, I have taken any manual intervention into account upon arriving to this figure. I also reserve the right to claim compounded contractual interest at a rate of 34.9% (Your current rate as advertised on your website) from the date of each charge being applied to my account. It is my belief that I have been deceived by yourselves into paying these penalties, you have taken monies from me without my approval, and I believe this rate to be a fair recompense to loss of spending or investment opportunities. The sum of interest I therefore claim is £930.25, I have attached a sheet showing how I have reached this figure. The total cost of my claim to date is £1344.25.

 

I require repayment in full of this money less any amounts outstanding on my account, I will not accept any other amount in part, if any other amount is offered it will be rejected, you will be asked to remove any credit from my account and I will destroy and return any cheque issued to me. If you do not fully comply within 14 days, I shall begin a claim at my local County Court against you for the full amount which is inclusive of interest, plus my costs, without further notice, thus inviting you to explain to a court and judge that your charges are fair by means of an accurate breakdown of your costs. I look forward to receiving a cheque shortly.

 

 

 

This is the letter I am going to do send tommorrow

 

 

Capital One Bank (Europe) plc,

Trent House,

Station Street,

Nottingham,

NG2 3HX.

 

 

 

23rd May 2007

 

 

Dear Sir/Madam,

 

CARD/ACCOUNT NUMBER: 5460 9753 **** ****

 

I write with regard to my recent letter dated 4th May 2007, I stipulated in the letter that due to recent coverage in the media it had been brought to my attention that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations.

 

I made a demand for the return of £1344.25 which you have as of yet failed to return to me, this amount has now increased to

£1369.03 due to additional interest added since I last wrote to you, interest will continue to be added while you are in non compliance with my demands.

 

I yesterday received a reply from you stating that you have now sold the debt to Equidebt. I spoke to Equidebt who said that any pursuance of fees being refunded to me still has to be done with yourselves so selling the debt to Equidebt is just an avoidance tactic deployed by yourselves and I will continue to pursue Capital One for the amount asked. I now require this amount in full no later than the 7th June 2007, I will not accept any other amount in part, if any other amount is offered it will be rejected, you will be asked to remove any credit from my account and I will destroy and return any cheque issued to me. Please do not ignore this request just because you believe selling the debt to Equidebt will make this matter go away, it won’t, you are the company who unlawfuly applied these charges not Equidebt so I will do everything in my power to reclaim these unfair and unlawful charges from Capital One, failure to comply with my request will just make my resolve greater with regard to this matter, court action will follow on 7th June if no money is received from yourselves thus inviting you to explain to a court your charges are fair by means of a true & accurate breakdown of your costs.

 

I will look forward to receiving my cheque shortly.

[redsonja]

Hi Nic,

 

How have you got a hearing a hearing for a set aside? Have you had acknowledgement of claim etc?

[nicolee2931]

I asked for the CCJ against me to be set aside which Capital One sought for non payment, it was mainly because of impending action involving bailiffs the hearing for this is on Thursday. My main query is for Capital One selling the debt to Equidebt, Capital One now refuse to accept they owe me anything as the debt has been sold on but it was Capital One who applied the charges so are maybe looking for an escape route, but it doesn't wash with me i'm just gonna pursue them if they carry on, its their time running out, what do you think?

[redsonja]

O I C. Im no help with CCJs sorry.

 

You need to put the account in dispute with Equidebt, there should be a letter in the library for this.

 

Then just pursue for your charges as normal with Cap 1. You defo have to get them from Cap 1.

[nicolee2931]

Right an update, went to court today to get the judgement set aside and to prevent a warrant of execution. The judge said he has set aside the claim until 28th June he told me I have to now submit a defence and counterclaim as we shown him a breakdown of what we were claiming he said we should now complete form N9B, I now presume this is where I can now enter my particulars of claim is this correct? I'm hopng by doing it this was it will keep the claim as one and will eventually lead to the CCJ entered against me being cancelled and the rest of the cash they owe me rightfully returned, they are asking for £561.23 and i'm asking for £1377.82 leaving £816.59 to be returned to m, I need a little advice on this and what to put as the defence and particulars of claim, if only bank fodder could see he would know...

 

Cheers Nic.