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I *knew* I'd do it wrong - is this fixable?


Hootie19
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I have been procrastinating for quite some time over issuing the court papers via MCOL to Cap1.

 

Now that I am actually ready to go for it, I've had another read through of the FAQs before submitting and I find two things:

 

1. It says that if I'm doing it via MCOL then I need a credit card to pay. I haven't got a credit card any more. Can I use my debit card? Or can I ask someone else to pay with their card if it does have to be a credit card?

 

and, more irritatingly

 

2. It also says in the FAQs regarding MCOL that you should ensure that the company (i.e. Capital 1) have received the schedule of charges claimed back at least two times.

 

I've only sent it once, and that was with the last letter I sent, giving Mr Udy a further 14 days (until I plucked up the courage, and got paid lol) to pay up. Needless to say, he wrote again saying "look, I've offered you the difference between what you want and £12 a time, now go away".

 

I really didn't want to send any more correspondence, having threatened them with court twice now. Is my oversight fixable, or have I blown it completely?

 

 

Finally, while posting, can someone explain, in very small words ;) what the difference between compound interest (which I think I've seen posted at around 29.something%) and the "normal" 8% which I've worked out on a spreadsheet (haven't sent that one to Cap1 of course).

 

Should I be doing the compound thing, or leaving it at 8%. Obviously the compound thing (I first saw it on thesargeant's winning thread) would bring me a lot more money, but I definitely don't have the confidence to write the same kind of strong letters that thesergeant did! I'm feeling sick at the thought of adding 8% as it is!!

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Hootie,

 

 

Not entirely sure, but I would have expected MCOL to accept debit cards.

 

Schedule of charges, send one to them at the same time as you complete your MCOL.

 

Statutory interest (8%) - this is interest added once you have laid your claim with the court or MCOL.

 

Contractual interest - you claim from the outset (ie Prelim / LBA). There is much discussion over this. The argument is that you have a contracted agreement between you and the bank, because they have taken money from your account that is not unlawful (unauthorised) you are able to claim the same contractual terms as they would apply to you if you did the same to them. Another argument is that they have taken money from your account unlawfully and therefore you have not had use of that money therefore you are entitled to interest to compensate for this loss of use.

 

The big thing for you is that you need to claim this from the outset. You really have to understand it, as you may have to argue it before a judge.

 

There are lots of threads that give excellent information.

 

You are almost there, take a deep breath and fill in your MCOL they will pay you out after some blustering :D:D:D

There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.

Read through the

FAQ Section.... Use these links :grin:

 

Like what I say show - add to my reputation (click the scales!)

My advice & opinions are offered informally, without prejudice & without liability. Please use your own judgment.

Halicrap - Full settlement 12/06 £408.34

Crapitol 1 - Settled in Full 27/04/07 £15808-)

All & Pester - Claim served £5695 4/09, Stayed

Woolsnitch mortgage accounts - Claim served £2995 4/09, application to strike out 06/09

Lloybles - No CCA, CPR disclosure notices served.

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Yes they do accept debit cards (i used mine) and you really should try for CCI as it really makes the amount you will get rocket! What have you got to lose at worst you will get the 8% so you might as well start big!

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Thank you both.

 

One final (I hope!) question.

 

Finances being a bit on the tight side, I was wondering how long it took from issuing the MCOL thing to actually receiving the money back from them? My MCOL fees is £80. That's a whole week's grocery shopping which I can't afford to not have! Is it usually within the month, or do they drag it out as much as possible?

 

I have decided not to go for the compound interest on this occasion, having come this far with it and still not understanding it enough to have the confidence to possibly have to argue in front of a judge! Will definitely look into it when going after all the other companies (Lloyds TSB Trustcard, Barclaycard & Sainsbury visas (husbands), and Lloyds TSB current account).

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They will try and drag it out as far as they can. Once you have laid your claim they will acknowledge with an intent to defend. This gives them more time to drag it out. The best I can say is that it will be at least a month. In certain circumstances the court can waive the fee.

 

Good luck ................:D

There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.

Read through the

FAQ Section.... Use these links :grin:

 

Like what I say show - add to my reputation (click the scales!)

My advice & opinions are offered informally, without prejudice & without liability. Please use your own judgment.

Halicrap - Full settlement 12/06 £408.34

Crapitol 1 - Settled in Full 27/04/07 £15808-)

All & Pester - Claim served £5695 4/09, Stayed

Woolsnitch mortgage accounts - Claim served £2995 4/09, application to strike out 06/09

Lloybles - No CCA, CPR disclosure notices served.

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Thank you both.

 

One final (I hope!) question.

 

Finances being a bit on the tight side, I was wondering how long it took from issuing the MCOL thing to actually receiving the money back from them? My MCOL fees is £80. That's a whole week's grocery shopping which I can't afford to not have! Is it usually within the month, or do they drag it out as much as possible?

 

it seems to vary according to what you are claiming, I think 8% claims are paid quicker then those with contractual interest.

 

I claimed simple contractual interest - filed my N1 in the court on 28th Feb and got my cheque (finally!) today.

Apple x

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  • 1 month later...

Oh good grief - where IS my bottle. I am STILL sitting here telling myself "do it, do it, do it". *WHY* am I being so wussy about it!!

 

Anyway, today IS the day! It is. It is. It really really is.

 

BUT

 

now I've read on another forum that there's a "Court Bundle" to send and I've got all a-quiver again! In all the stuff I've read on here (and I've read and read and read), I've either just not registered that bit, or not seen it at all.

 

So, I have the money to pay for the MCOL fees, I have the card ready, I have a list of charges, with and without the standard interest included. What more do I need? What the dickens goes in a Court bundle, and how do I do it online?

 

Please give me the hefty kick up the backside that I need and MAKE me get this thing done.

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DO it now it is not as scary as you think.If however you have too much money dont bother.lol.You dont need to worry about court bundles yet.Do It NOW!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

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I don't need to worry about Court bundles now!!??? You *CLEARLY* don't know me at all lol lol lol.

 

OK, I'll take your word for it, and get it done!

 

I'm going.

 

Now

 

Ok

 

Going

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I didn't do it - how embarrassing!

 

I had another look and found this:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

saying not to do it online now.

 

so it looks like I'm going to have to try and work out how the heck to get to my local court (which isn't in my town, and I work full time, so it's going to be damned awkward) to do it in person.

 

after all that and gearing myself up for it . . . . . . .

 

Thanks for the encouragement, though. I *WILL* do it, just as soon as I can work out how to get to the damned Court (and I'll have to find the blooming thing first - thankfully I've never had to go there!)

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Why did it say do not do it online was it because it was Sunday? I cannot see the reasoning asother people do it online. Try it again tonight it may work.GL.:-|

 

No, not cos it was a Sunday. But the bit in red at the top says that some banks are now routinely challenging MCOL claims due to the lack of information included.

 

Don't you think that means that we shouldn't do it that way now? Or I am just being wussy again (i suspect I know the answer lol)

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Hi Hootie

 

You should file using the N1 form for the court. This has more space to put an amended POC onto. Don't worry about the court bundle just yet.

That is weeks away if it does need to be done. Capital One have'nt defended yet.

 

Uk

  • Haha 1

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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There is one for downloading in the Bank Templates Library. .There is a link below..

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Hiya, I have been reading your thread this morning.

 

I have just filed my first claim with the Courts ( claiming back my charges and CI from the Halifax ). It's very easy to do using the online service. The most complicated bit is the POC ( particulars of claim ) but you can find templates on this site which you just need to modify ( by adding your own details ) and pasting it onto the claim form.

 

From what I have read on this thread Capital One have given you a very hard time and it is now your turn to get some revenge.

 

Take them to court and get your money back plus interest and then sting them for costs for all the stress na aggravation they have caused you.

 

Don't worry about court bundles etc etc. Capital One will probably settle ( in full ) well before that stage and certainly before it gets to a hearing stage. Besides ther are plenty of people who will offer all the help and support that you need at each stage from here on.

 

But Capital One won't take you seriously unless you file that MCOL claim. So go get it done NOW.....

 

Regards G

 

New to CAG today

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Argh, I am so dim! Why can't I just follow simple instruction.

 

OK, I got to the N1 form by following the link in UKaviators post above (thank you).

 

And I'm looking at the instructions also given in the link above for filling the form in. But it's mentioning overdraft interest, and as this is a credit card, there is no overdraft interest.

 

It says something about a daily rate plus charges and OD interest.

 

So I'm running scared again!

 

I am so scared of getting this one wrong, and then not having the confidence to go ahead and try to reclaim the charges from all the other places.

 

can someone please treat me like a child and walk me through it.

 

Think of it this way - if you finally get me sorted with this, then you'll never have to see my name, or "see" my whingeing on again lol

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Hi Hootie,

Have you looked at the possiblity of not having to pay any fees??

If you are on certain benefits or a low wage, in receipt of working tax & child tax credit you get it all paid for you!!

It's not that daunting going into the county courts to submit papers (I can only say that coz I'v done it once now!) I found the lady on the desk really nice & helpful... took all of about 5mins and was sorted.

Take care & good luck

Jam

HSBC Current A/c : N1 Served 21/06/2007 - Total £3374 (inc int) - Offer £2445 accepted (Charges £2730) ....

HSBC Credit Card : S.A.R - (Subject Access Request) sent 04/07/2007 - Total £TBA

 

Capital One Credit Card : SAR sent 04/07/2007 - Total £520 paid out

 

 

Noe looking to claim PPI....or attempting to..16/01/2012

 

 

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