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thetenter v Cap 1***WON***


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Have sent off the request for the return of illegal charges and the 14th day is tomorrow so not holding out much hope of a full settlement lol.

My question is - can I change the interest from statutory (8%) to contractual (30+%) when I send off the LBA citing the fact that they have failed to reach an amicable conclusion within the 14 day timeframe?:confused:

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I was advised to start claiming contractual from the start so added it into my prelim, have a good read around the site as I believe some may have done it at the LBA stage, but my personal opinion is to start again - for the sake of 2 weeks you will now you have prepared your claim correctly which will hopefully give you the outcome you want.

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I was advised to start claiming contractual from the start so added it into my prelim, have a good read around the site as I believe some may have done it at the LBA stage, but my personal opinion is to start again - for the sake of 2 weeks you will now you have prepared your claim correctly which will hopefully give you the outcome you want.

 

Woohoo a reply :D .Thx doo,been lurking here for a while now trying to take in as much as possible(been following your thread with interest :) )but damn theres just so much..........and I'm only starting with a small claim lol.

Having done the spreadsheets for the interest the difference is over £200 for compounded contractual if I've done it right compared with the statutory 8%.

I can see your point about starting again,but having been given the brush off with the "it may take up to 4 weeks to investigate further" letter I'm tempted to just carry on and adjust the LBA letter accordingly.

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Well it's up to you about starting again but all I would say is that you may have seen that at the moment cap one do not want to pay my contractual but I feel I have prepared my claim 100% so am sticking out, now if this happens to you they may feel that you should have started asking for contractual at the beginning of your claim so in the long run may complicate things for you and when you get to the stage I am at you might start to regret your actions. In saying that you cannot always know how they are going to react to your claim - there have been quite a few paid out on contractual in the last two weeks, who knows.

 

In regard to your spready I am no expert I am afraid, what spreadsheet did you use in google? I used no. 13, the man you want is Bill-k who helped me but if you pm me the first few lines ie. amount, date I will enter these and see if we both come out with the same figures. Am off to work soon, then to the court to put hubbys claims in but will be around this afternoon. Also don't forget to let me know the interest rate you are using.

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Oh well,2 against and none for,don't really want to go back two weeks and I know I'll probably regret it later but I think I'll just carry on and send the LBA as per the initial request.

Thx for the replies and it stands me in good stead when I go for Clydesdale and Black Horse. :)

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If you are going to try for CCI then you must do so from the prelim stage.

Otherwise you can ony ask for stat interest when it gets to the court stage.

Be VERY careful whose advice you listen too

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Hi doo,sorry bout that - decided just to go forward with the bog standard claim,however when I finally get my details through from Clydesdale it will be a different matter from the outset.

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If you haven't already sent you LBA off yet, I would revise the schedule you're sending to include CCI; I'm not aware that you cant do this.

Perhaps Aviator will have a view on this?

 

Add a paragaph to your letter saying,

"I have been investigating this matter further and I calculate that you have taken £xxx plus £xxx which you have charged me in contractual interest at the rate of x% (compounded daily) for the sum which you have taken. Total £xxx

I am enclosing a copy of the revised schedule of the charges which I am claiming."

 

We can only look at your spready if you invite someone to collaborate. You'll need to PM whoever you choose with your email addy, they will let you have their own email addy, then you go into your Google account and add the email addy of the person who will collaborate on your spready.

 

Hope this makes sense ... :)

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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Was just getting ready to go out to post it when I got your post Paintball........the extra paragraph was exactly along the lines I was initially thinking of going.

You make perfect sense with the collaboration,it was a bit of a duhhhh!!! moment on my behalf but then I had been up all night reading stuff on this site.

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OK just let me have your email addy and I'll try to help you get this sorted. In the meantime, check out this thread

http://www.consumeractiongroup.co.uk/forum/capital-one/84917-help-claim-cap-1-a.html

 

and read Aviator's advice on working out your CCI ...

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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Gotta dash to pick up offspring speak later

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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Oh,another question :oops: - I tried to get the free trial credit check with experian,but as I have moved recently(October!!) they dont have enough info for me to get it unless I send in the bumff........so could I add another paragraph to the LBA requesting the removal of any defaults or do I need to be specific?

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thetenter, do you know if the account was definately defaulted, if yes then you include this in your letter - it's the bit in red in the template letter. It is possible to get the default removed I will post a link to a thread that will he helpful to you (although you may have already read it). Most important thing is that do not accept any funds as part-payment, keep your claim intact.

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thetenter, do you know if the account was definately defaulted, if yes then you include this in your letter - it's the bit in red in the template letter. It is possible to get the default removed I will post a link to a thread that will he helpful to you (although you may have already read it). Most important thing is that do not accept any funds as part-payment, keep your claim intact.

Hi doo,unfortunately I dont know if my account was definately defaulted but as there where no payments made on it for several months I would say it is most probable,thats the reason for asking for the removal of "any" default as oppose to a specific one.

With regards to part payments,having followed your thread and several others theres no way I'm accepting one,its all or nothing.:D

Yeah thats another one I've read through,thx

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Hi doo,unfortunately I dont know if my account was definately defaulted but as there where no payments made on it for several months I would say it is most probable,thats the reason for asking for the removal of "any" default as oppose to a specific one.

 

Yeah, that's what I did; included a paragraph about "removal of any default [...]" until I could access my Experian record and see whether there was indeed a default.

 

There insn't and I have subsequently removed the para in further correspondence including N1.

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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Bother, that quote thingy doesn't always do its thing:(

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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Yeah, that's what I did; included a paragraph about "removal of any default [...]" until I could access my Experian record and see whether there was indeed a default.

 

There insn't and I have subsequently removed the para in further correspondence including N1.

 

Thx again,time to start drafting that LBA albeit a day late.:D

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Thx again,time to start drafting that LBA albeit a day late.:D

 

 

Quote? unquote ...:lol:

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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