Browni24 v Cap 1....me & boyfriend

[brownie24]

Bump to my above query. Do you think the following letter would get this stay removed?

Dear District Judge

I respectfully object to the proposed order of a stay in respect of the above claim vs. Capital One Bank (Europe) PLC. I respectfully ask that the stay be removed on the following grounds;

 

 

Ø The claim is in respect of Charges applied to a Credit Card account. These claims are not concerning the recovery of current bank account charges. The claim is therefore not effected by the outcome to the current OFT test case and should be allowed to proceed to its natural conclusion through the courts.

Ø The Office of Fair Trading have already ruled on Credit Card charges. On 5th April 2006 OFT confirmed that Credit Card charges were a particularly high level of penalty and were considered to be unfair by the OFT and therefore presumed to be unlawful in the absence of specific proof to the contrary.

Ø These claims concern unlawfully taken credit card charges and erroneous default markers placed on file with various credit agencies.

Ø Credit Card charges differ to current account overdraft charges, insofar as there is a clear breach of contract. Credit card charges could potentially be decided solely on the “penalty” issue of common law, without reference to the UTCCR which the OFT case focuses on. Furthermore as there is a clear breach of contract there is no question about whether or not the UTCCR applies as it has been held to apply to default provision in Director General Fair Trading V First National Bank plc [2002] 1 All ER 97

I am aware of Credit Card claims progressing through other County Courts and if you require any further information or evidence in this matter then I will happily supply this for you.

I await your response in this matter.

[brownie24]

After sending the above letter to my local court I managed to get the stay removed and now Capital One have until 15th December to file their defence

[brownie24]

I have still not heard a thing from Capital One and they only have until Monday 15th to submit their defence. Is this the norm to leave it right til the last minute? and do they normally submit a defence?

 

Was kinda hoping for a nice xmas bonus:D

 

Brownie24:D

[brownie24]

I have received a letter today from Cap One which says:

 

Capital One has acted in accordance with the terms and conditions of your credit agreement throughout this matter and it is colear you have no claim against Capital One. After revieiwing your request for £1465.99 (This was calculated CCI using the vampiress spreadsheet from this site) for interest incurred I can confirm that your calculations are incorrect. All default sums charged to any account are always charged at the purchase interest rate. The total amount of purchase interest we have ever charged to your account since it was opened is £333.17. This amount includes the interest on all of your purchases and only a very small protion of this figure has been charged on default sums. On the basis of the above, I cannot agree to the proposal of refunding the sum of £1465.99 to cover the interest incurred.

 

I am prepared to offer, without any admission of liability, a refund of the default sums totalling £1144. I'll refund the total amount of purchase interest charged to the account in the sum of £333.17 and £246.83, which is the 8% you are entitled to claim under Section 69 of the County Courts Act 1984, I'll also refund the subject access request fee of £10. This brings my total offer to £1734, this will pay off your outstanding balance and I've arranged to send you a cheque for the remainder of £438.35 which you should receive within 21 working days. (Can you ask them to pay the whole amount to you rather than clear your account?)

 

These refunds are made purely as a gesture of good will and we will now defend this claim on the basis we have refunded the correct amount.

 

I hope I have explained things clearly for you and we can move on from here. I would finally request that you contact the court to confirm the settlement and discontinue the claim. We have also written to teh court to confirm that we have paid in full.

 

Elllie Renshaw

 

I would be grateful if someone could point me in the right direction, are my calculations for CCI correct? and should I decline this offer? Also they have mentioned nothing about default removal?

 

Is this just a last minute scare tactic to try and make me settle for less?

 

Any help much appreciated

[brownie24]

Bump anyone?

 

Also they have not submitted a defence, the deadline was yesterday

[brownie24]

Hi folks

Could someone please have a look over the following letter which I am going to send in repsonse to Cap One offer. Just was wondering what I should state about issuing judgement and their position as they did not submit a defence in time?

I am in receipt of your letter dated 10th December 2008.

 

Please be advised that I will not be accepting your offer and therefore my court claim still stands for the full charges, contractual interest and court costs. I am enclosing with this letter an updated schedule of charges as of today’s date to update you regarding interest that is currently accruing daily (£2.10 daily) and will continue to increase until this matter is settled.

 

Once again you are denying that these fees are unlawful and that they are based on the costs that you incur. I once again invite you to provide evidence of your actual losses or pre-estimate of costs in relation to the account breaches. Your silence on this matter leads me to believe that you will not disclose your costs for reasons that remain unknown. If you choose to continue not to address this issue, you will be requested to provide this information in court, I have put it in my Particulars Of Claim (POC) and can be addressed in court.

 

As my Particulars Of Claim state. I am claiming contractual interest (compounded daily) at 31.54% APR. which is the rate that has been applied to my account and is the most current interest rate applied according to my statements covered by this claim. The claiming of this rate is based in equity and a legal requirement for fairness and balance. As there is an express rate of interest in the contract for the benefit of the bank when it lends money, in my view there is an equivalent term which benefits the customer when the bank owes the customer money.

You state that my calculations are incorrect, I have checked over these calculations and they are not incorrect. Please note that I am claiming contractual interest compounded daily. I am aware that Capital One has been paying out on contractual interest (compounded) - for numerous claims and I shall not hesitate in providing these cases to the judge.

 

 

My POC also further states that ‘in the alternative’ should the court find that the claimant is not entitled to contractual interest, the claimant claims interest under section 69 of the County Courts Act 1984. Now having gone ahead and issued this claim I feel it is now for the Court to decide on the interest applicable and not Capital One. As such my claim still stands as before and I will be informing the court to that effect.

I think you have been presumptuous in assuming that I would accept your proposal as settlement. I have not accepted this amount as full and final settlement and when I receive the cheque I shall return it to you. In no way have I formally accepted this offer either verbally or written and you have no such proof to this effect . To make my position clear no refund is to be put onto my card and if such action has already been done without my authority then please be advised I am not accepting this and wish you to remove these funds.

 

I would also like to point out that you have not addressed the issue of removal of prejudicial information and the removal of the default notice as outlined in my Particulars of Claim.

 

I have checked with the court and no defence has been submitted by yourself as was ordered to do so by District Judge Butler by close of business on 15th December 2008. As such I am now in a position to issue judgement against you in this matter.

Should you wish to settle my claim in full, then please forward the balance of the claim £2636.47 to date, without conditions, and organise for the removal of default.

I trust this clarifies my position that court action will continue and your offer is not acceptable to me.

 

[ukaviator]

Capital One have said on many occasions that they charge interest on the charges at the purchase rate, it would be difficult to go into court and fight for the Contractual rate, although the Sempra case is what we use.

 

If they have proof that they only charge the Purchase rate of interest on the charges, then they will probably turn up in court to defend the contractual interest part of your claim.

 

Did you have a default on this account?

 

If so, you could negotiate for the removal of that.

[brownie24]

Yes i do have a default they need to remove.

 

I am going to send the above letter and await their outcome

[andyford2000]

any news brownie, will be sending letter off in the next couple of days

[brownie24]

Hi again Andy

 

Just been on your post, no news yet but judgement has been filed:D

 

Catch you soon

 

Brownie24:)

[brownie24]

Having filed for judgement on 30th December Capital One have now submitted a late defence . I have written to the judge opposing this defence and asking that judgement still be issued, fingers crossed x:)

[Audreygreeneyes]

Will keep everything crossed for you brownie. I won by default. but applied for judgement the day after their deadline.... heard nothing from them until the bailiffs went in. even then they did not pay...lol... took national tv to get the money...

 

keep phoning the court or going in...and good luck

[brownie24]

Lol Audreygreeneyes I would love to get the bailiffs in on them as well .

 

Did you also claim for CCI?

[andyford2000]

where are you up too, i aint sure what to do with mine to be honest

[brownie24]

Hi Andy

 

Come to a bit of a standstill it's back with the District Judge for his directions at the moment because of the late defence that they submitted. I wrote to the judge contesting this late defence and asking that my judgement still be issued but the lady at the court told me over the phone that it is likely that the Judge will accept their defence as if the judgement was granted Cap One would probably apply to have it set aside and this would only mean more paperwork for the court. The Court also told me that they have a backlog of work at the mo so may have to wait another week to find out what the judge orders .

 

I have sent my cheque back to Cap One for the amount they offered with purchase interest only. What did you do with yours?

 

Getting a bit anxious now as to what amount I'm going to end up with, it seems that the CCI might be expecting too much. However one thing I am going to do is give Cap One another nudge and point out that as nothing has been settled interest is still accruing daily.

 

Have you filled in your AQ?

[brownie24]

Hurray some good news came through my letter box.....JUDGEMENT HAS BEEN FILED AGAINST CAPITAL ONE! This was dated the 20th January and they had until the 23rd (today) to pay me in full, no surprises that I am yet still to receive payment so does this now mean that I can instruct the bailiffs and how do I go about this?

 

Was going to try and phone them today to see if they were posting my cheque out to me and stating that if I do not receive this on Monday then I will instruct the bailiffs immediately!

 

Brownie 24:D

 

ps My partner who is also claiming and at exactly the same stage as me however, had a letter from the courts stating that the matter was referrred to the district judge re; the interest claimed and the 35.6% interest has been refused and only 8% interest allowed!!! Bit confused as to how this can be the case when my judgement has been granted with the CCI. Anyway our thinking on this is wait until I receive my payment in full and then write back to the judge trying to get this changed

[brownie24]

Well phoned Capital One on Friday to ask when they were going to settle this claim as judgement had now been served and informed them that should they not do so immediately I would instruct the bailiffs and go to the press (my story was starting to mirror that of Audreygreeneyes!......so thanks for the tips). I was told someone would phone me back.

 

About an hour or so later I got a phone call back and they told me they had had a chance to look into my case. They started to tell me that a defence had been entered before the deadline and that it must have been due to an admin delay that it was not processed......I began to think here we go but then she went on to inform me that they would now pay me in full........even at the last hurdle they cannot accept defeat, so for all of you out there getting worried hang on in there and stick to your guns.

 

They asked for my bank details and said they would arrange for a BACS payment direct in to my bank for the full amount of claim......although I had to politely remind them that interest had also been added up to the date of judgement which was 20th January so I gave them details of this amount and they told me that payment should be in my account Monday.

 

Have just checked account and no payment as of yet........I know Audreygreeneyes had this prob.......I'll give them until midday before I get back on the blower.

 

When that's all sorted just gotta sort out my partner's last minute glitch and hopefully he too will have his payment in full with CCI very soon.

 

Brownie24:D:D:D

[scatz1972]

thats fantastic news!....I have been following your thread with interest as I am about to start a claim against CAP1 myself, and I was weighing up whether to go for CI or not, my main concern being that I cant seem to get to grips with the spreadsheet for CI.

 

What spreadsheet did you use?

[Audreygreeneyes]

Brownie I would give them till miday and then phone telling them as payment is not there you are now going to the court and instructing the bailiffs and that adds £55 to the bill....

[brownie24]

thats fantastic news!....I have been following your thread with interest as I am about to start a claim against CAP1 myself, and I was weighing up whether to go for CI or not, my main concern being that I cant seem to get to grips with the spreadsheet for CI.

 

What spreadsheet did you use?

 

Scatz I used Vampiress's spreadsheet no 13, you need to set up a google account to use these documents but that's easy to do. Let me know if you need any more help. It took me a while to get to grips with understanding it and using the right interest rate but with the knowledge and help of everyone on here I got there in the end and am so glad now that I did it

 

You may as well try for CCI cause at the end of the day you have nothing to lose and if you stick to your guns they should pay up, although they will try and wangle their way out of it. If you need any copies of the letters I sent just give us a shout.

 

I have just rang the bank and yipppppeeee I am now considerably better off :D:D:D:D:D:D:D:D:D

[scatz1972]

Scatz I used Vampiress's spreadsheet no 13, you need to set up a google account to use these documents but that's easy to do. Let me know if you need any more help. It took me a while to get to grips with understanding it and using the right interest rate but with the knowledge and help of everyone on here I got there in the end and am so glad now that I did it

 

You may as well try for CCI cause at the end of the day you have nothing to lose and if you stick to your guns they should pay up, although they will try and wangle their way out of it. If you need any copies of the letters I sent just give us a shout.

 

I have just rang the bank and yipppppeeee I am now considerably better off :D:D:D:D:D:D:D:D:D

 

thats brilliant news!

 

and any help you can give me will be very much appreciated.

 

I've got a google account, so where do I find Vampiress's spreadsheet No13?

[brownie24]

thats brilliant news!

 

and any help you can give me will be very much appreciated.

 

I've got a google account, so where do I find Vampiress's spreadsheet No13?

 

It used to be in the document templates on this site - interest calculations spreadsheet, but I'm not sure if the link works any more. If not PM your email address and i'll send this to you.

 

Good luck;)

[ukaviator]

Well done Brownie. Great job.

[scatz1972]

Thankyou for the spreadsheet Brownie, I have tipped your scales!

[brownie24]

Thankyou for the spreadsheet Brownie, I have tipped your scales!

 

No problemo Scatz, good luck and I will follow your thread with interest, you can do it:D