Browni24 v Cap 1....me & boyfriend

[brownie24]

Hi folks

 

After finally getting to grips with the whole CCI thingy (I hope so anyway)...big thanks to ukaviator:D ..... I have finally inputted all my boyfriends charges into vampiress spreadsheet no.13 and he is now ready to send off his prelim letter for a total claim of £1532! Nice one:)

 

I will use this post to keep all you peeps up to date with the progress of the claim and hopefully one day a payout:D

 

I am also getting ready to prepare my own claim but unlike my boyfriend I have not simply received copies of my statements but rather a large bundle of crap from capital 1 including pages of what looks like diary entries. As I don't have copies of the actual statements I do not have the interest rates I need to work out my APR! Has anyone else had this problem and what did they do?

 

Cheers

 

Brownie24:)

[ukaviator]

It looks like they have sent you some of your S.A.R. but not all. You should send in to Capital One a non compliance letter, which can be found in the Bank Templates Library.

 

Do you still have your last months statement?.. this should show the interest bottom left below your transactions. It will say:

 

Purchase interest and cash advance interest..

 

If not a phone call to them asking what the rate is you are paying for both, then you can work out an average of the 2 for your APR.

 

Uk

[brownie24]

Cheers again ukaviator:D

 

I will have a look at home for my last months statement. I actually received a letter the other week stating that my APR was due to go up!! Can I use this amount as the basis of my CCI claim?

 

Based on quick calculations I think my claim will settle my outstanding balance plus some At which point I think I may be wise to burn my crappy 1 credit card to keep the demons at bay!

 

Brownie24:)

[ukaviator]

Yes use it if it's been confirmed to your account.

[brownie24]

Hi guys

 

Just a quick update my boyf sent of his prelim on 28th April no response as yet so will get his LBA ready to send off early next week!

 

I am also now ready to send of my prelim letter. I rang Capital One this morn and after a bit of persuasion was told over the phone that my current APR is 31.54% so this is the rate I will be charging them for my CCI claim:D

 

Brownie24

[ukaviator]

Good, well done. Keep us posted.

 

Uk

[brownie24]

Hi

 

No response to by boyf prelim letter so ready to send off his LBA. Which address should I send this to? and can I use the one from the bank template library?

 

Do I change the figures in this letter to reflect the total claim to date? as I am claiming CCI at a daily rate

 

Thanks

 

Brownie24

[brownie24]

Hi

 

If I use the standard LBA and add the following would this sound OK?:

 

My statements show that you have taken £892.00 in unlawful penalty charges (late payment and overlimit fees). Plus I am claiming a further £672.07 to date in compounded contractual interest at the rate 35.6%, this being the rate that is currently applied to my account. The total sum to date being £1532.38. For your reference, I have attached a detailed schedule of these charges

Brownie24:)

[glav]

Hi Brownie

 

Looks good to me, ensure you attach updated schedule of charges. Send your LBA to address below:

 

Mr R Udy,

Executive Office Manager,

Capital One (Europe) PLC,

Trent House,

Station Street,

Nottingham.

NG2 3HX

HTH

 

glav:)

[brownie24]

Cheers will do.

 

When got back from work today my boyf had recieved what seems to be the standard stalling letter saying that they are looking in to his claim and that he should have a response within the next four weeks! Whatever.....we're sticking to the 14 days deadline so off goes the LBA:D

[doo]

brownie, don't refer to their charges as fees - make sure you put them down as charges.

[brownie24]

Cheers doo. Will change letter accordingly.

 

Its just that Cap. 1 refer to them as overlimit fee charges on my statement.

 

Brownie24:)

[doo]

Yes I know, they see them as a fee, which we know they are not, when I did my spready I also put them down as 'over limit charge' rather than fee.

[brownie24]

Hi all

 

Right my boyf has had no response to his LBA so it's off to file the court claim now:D Could someone point us in the right direction for the POC for credit cards? Also I beleive that it is best to submit this direct with the court rather than MCOL as we can add more detail to our POC, is this correct? As he is claiming CCI can he now also add the statutory 8% or is this not allowed as well as CCI? and how do we outline this in our claim?

 

With ref to my Cap One claim after sending my prelim letter I have received an offer.......the difference between the old charges and the new £12 ones..........well you can guess what my reply is going to be to this:D

 

Brownie24

[doo]

brownie, you are right, use N1 it allows more room for your POC. When claiming CCI you cannot add the 8% but you do include it in the alternative in your POC at the Judge's discretion, so in worst scenario if it went to court and the Judge decided you were not entitled to CCI you could get awarded 8% statutory. If you need a POC pm me your e-mail address and I'll send you mine over or alternatively have a browse round the cap one forum for some that have been posted up.

[brownie24]

Well just as my boyf is preparing to send off his N1 claim form he receives an offer today from Cap One........seems to be the usual silly offer of the difference between the £20 charges and the new £12 ones - amounting to only £320! There is a form for him to complete should he wish to accept the settlement.

 

As he is now ready to file his court claim does he need to send off a rejection letter as well or simply just get the court claim filed?

 

Brownie24:)

[doo]

Personally I would get court claim in today, then send the rejection letter to say court papers already filed.

[brownie24]

Help, just a quick one before I confuse myself too much.....easily done:rolleyes:

 

I am filling in the POC for the N1 form as kindly supplied by Doo:)

 

In section 6. c) it says Contractual interest at a rate of 35.6% per annum, compounded daily calculated from the date of each transaction to ????? should I put todays date here? of £xxxx, is this the final figure of interest being claimed taken from my spready? as set out in the attached schedule of charges. The Claimant further claims interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xxx per day. How do I work this daily rate out??

Could someone help with my questions in red please? As I wanna make sure I get everything spot on.

I am also going to seek to claim wasted costs from Crap One as well and beleive that it is best to make them aware of this in POC - does anyone know what I should add to make them aware of this?

Cheers

Brownie24

 

 

[doo]

Yes, put the date you are filing court papers.Yes final figure of interest.

To work out daily rate of interest, just change the date of your spready to the next day, difference is the daily rate of interest.

[brownie24]

Cheers Doo.

 

Off to do that tomoz thanks to Doo:)

 

Brownie24

[doo]

No worries brownie, good to get it done, good luck with it, I will be watching

[brownie24]

Hi folks

 

Due to hols and the strain of being 8 months preggers taking its toll, I've not done anything towards our claims lately......hope it's not hindered things in anyway though:(

 

Well now i've got a bit of energy thought I better get things motoring again. With ref to my boyf. claim he was due to submit N1, which we delayed due to hols and lack of funds!!! but then we realised he had still not replied to settlement offer so i have put together the following letter:

 

Response to settlement offer.

Re. Account No. ****************

 

Thank you for your letter dated 25th May 2007.

 

I respectfully decline your offer of settlement and request, one final time, that you return to me all charges imposed on this account, totalling £1643.33 to date.

 

In order to avoid Litigation against you, I am prepared to temporarily accept the sum of £320.00 offered as partial settlement on the clear understanding that the remainding balance of £1323.33 is also agreed for payment within the next 10 days. Failure to comply with this request or if I do not hear from you within 10 days will result in legal action against you for full recovery, as detailed in my Letter Before Action.

 

I trust this clarifies my position and for your reference I have attached a detailed up to date schedule of these charges and interest claimed to date.

 

 

Yours faithfully

Does this sound ok? and will it not matter that i've left it a while since they had made the offer?

Brownie24:)

 

 

[brownie24]

Bump to my last question.

 

and also am struggling to pay my capital one card at the mo and they have threatened to issue a default beginning of Sept:eek: can they still do this at the mo while a complaint is ongoing?

 

Brownie24

[glav]

Brownie,

 

If you get the letter off asap, they will probably not increase their offer and you can file court claim after the 10 days, which hopefully should be sorted by the beginning of September. You should also write now to the collections department reminding them that you are disputing amount owed due to unlawful charges and that they cannot issue default while account in dispute.

 

glav:)

[brownie24]

Thanks for that Glav. It is on my account that they are threatening to issue a default, I have just today issued my LBA and also rejection of their offer letter, so tomoz I will put together a letter to the collections dept I am also going to send them a payment by cheque towards the account so that I am at least making some form of payment on the account.

 

Cheers

 

Brownie24:)