coxey61 vs capital one

[coxey61]

Hi everyone well the seven days will be up on friday so whats the procedure now does anyone have any advice on when, how and what do i do? yes the pain is back:)

thanks all coxey61

[jshtr3]

Hi coxey, Time to file your court claim. As your Claiming contractual interest you'll need to file using an N1 form. Use these particulars of claim http://www.consumeractiongroup.co.uk/forum/capital-one/70112-dpick-capital-one-2.html?highlight=Contractual+interest+particulars+of+claim#post910532

Here's a link to the form http://www.consumeractiongroup.co.uk/forum/bank-templates-library/844-n1-claims-form-pdf.html. Take 3 copies, all with your schedule of charges attached, to your local court along with the necessary fee. Make sure you remember to add £10 for DPA request if they charged you for it. The court will then stamp one of the copies and return it to you by post. Hope this helps.

Trev

[coxey61]

ok thank you Trev, my night in shining armour, ill try, i dare say ill be back for some help.

[jshtr3]

my night in shining armour

I think you'll find that's the light reflecting off my pasty white skin:D

You know where I am if you need help

[coxey61]

Do i write all that (dpick vs capital one) on the brief description of claim. What happens when i run out of space.

[coxey61]

and no you have been great, i wonder where dee dee has gone

[coxey61]

sorry im a dive have just gone down i can see where it goes:o So what do i or how do i word brief description

[jshtr3]

Whats a dive? Have a look here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html for help with the rest of the form. You'll need to replace "bank charges" with "credit card charges. You also need to ammend Dpick's POC with info on your own claim e.g. amounts claimed, interest rate claimed, account number etc. Unfortunately I have no idea where dee dee has gone. Sexy name though, I hade a bit of a thing for Kiki Dee when I was younger (I'm obviously sad AND old:eek: )

[jshtr3]

Forgot to tell you, you can't save the N1 form so make sure you print enough copies. I always do 4 just in case

[deedee1310]

Hey Coxey I'm still around, I've been keeping an eye open on your thread.

 

Just had a flurry of activity with some of my own claims and I'm currently helping my brother with his, hence why you've not heard much from me, plus there's that new job of mine.

 

You can save the PDF (but you won't be able to edit it again) by using a free program called Cute PDF.

 

Download this first Free Download and install it. Then download this next Free Converter and install it. When you go to print, you should look for CutePDF in your list of printers. You will be able to save your N1 where you like.

 

Jshtr3 who says your thread's not interesting?! Lol!

 

deedee

[jshtr3]

Hi dee dee, It really is all just a storm in a tea cup, They cancelled the cheque cos it was (allegedly) lost in the post. The rest's just smoke and mirrors I've been helped to create in an attempt to get my money out of them before I drop off this mortal coil!!! Didn't realise you could save N1 forms. Will do that from now on. Just off to have a look at what you've been flurrying:)

[coxey61]

Oh hello you im glad your still around:D Im scared now its getting to the tricky part.

Ok, Trev i told you im strange i meant to say div not dive

i sat and filled it all in and saved it then came back and read your message and have looked and lost the lot lol ill start again i think when i have had some sleep so do i do the first N1 form you told me to fill in or the second one, come on Trev my brain cant take it lol im stuck on is the brief details bit not sure how to word it, and where does it say bank charges on the form i cant see that .

Your not sad and i dont no how old you are but i think your great.

And Dee Dee me old mate where you been ive missed you, im going to have a look at your flurrying to if i can find it ha ha hows the job going.

Thanks for info again i only wish i would have known before i sat and wrote it all never mind greatful for the help. nice to hear from you again.

[jshtr3]

Coxey, I'm 37 and and I am great, but sad none the less! You can just copy and paste info into the form, you don't have to type it out you dive You Use the link from Dpick to fill in the Particulars of claim section of the form. The rest of the form you fill in using the "hard copy" link I sent you in post 108. Make sure you use the registerd office address for cap 1 found here http://www.consumeractiongroup.co.uk/forum/capital-one/55743-capital-ones-address-claim.html#post463291

Go get some sleep and I'll try and be around tomorow night to give you a hand.

[coxey61]

Dee Dee i know i cant really give advice at the mo as a bit slow at all this but crap one sent me a settlement fig and even sent the cheque i sent it back with the rejection letter.

[coxey61]

ok ok well im 33 not much younger than you but alot slower i hate computers and am now confused but likeable :o when we all get our money i think we should all go out for a pi** up.

[jshtr3]

Slow and steady wins the race kid.

im stuck on is the brief details bit not sure how to word it

Money claim for return of penalty charges applied to the Claimants Credit Card account by the Defendant

 

Pi** up sounds like a good idea to me but can I have pork pi** as I'm not a fan of chicken and mushroom:D

[coxey61]

you can have as many pi** as you like for all your help. have been reading about some other threads and some are really confusing, you would have laughed, i thought i was being really helpful and gave some advice to someone about the spreadsheets i had the problems with, i was only reading the first page and not the last had to edit it silly m** but when i kept reding it wow i hope i dont have to do all that i think ill die.I read the new claim- another capital one, ANYWAY BRAIN DEAD NOW

night night to both of you

[jshtr3]

Night coxey, Sleep soundly knowing you aint alone in all this

[coxey61]

Can anyone have a look at this and tell me if i have done it ok.

Not sure if it all aadds up right and if iam sending the right info its all so confusing.

1. The Claimant has an account *************** with the Defendant.

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in

accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimants contend that:

a) The charges debited to the Account, as outlined in the attached schedule, are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. In the event that the charges are not a penalty, they are unreasonable under The Supply of Goods and Services Act 1982 section 15. The Defendant has declined to justify the charges.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of The Unfair Terms in Consumer Contracts Regulations (1999) paragraph 8 and schedule 2(1)(e), The Unfair Contracts Terms Act 1977 section 4 and the common law.

5. Accordingly the Claimants claim:

a) the return of the amounts debited in respect of charges in the sum of £720.00 and interest charged thereon in the sum of £720.61;

b) Court costs;

c) the additional costs incurred by the Claimant in the writing and sending of letters to the Defendant pursuant to this claim in the sum of £190.00, as set out in the attached list of costs.

d) the Claimant claims contractual interest at a rate of 30.9%, from the date of each transaction of £720.61 as set out in the attached list of charges.

The account’s Terms and Conditions specify the interest payable on unauthorised drawings from the account. We hold that this applies to unauthorised drawings by the Defendant as well as to unauthorised drawings by the Claimant. Should the court deem this incorrect, the Claimant claims the rate to be justified under the principle of mutuality and reciprocity, and is based on the Defendant’s authorised overdraft interest rate that would be applied under the terms of the above mentioned account.

Should the court find that this interest rate is not applicable, then in the alternative the Claimants claim interest under Section 69 of the County Court Act 1984 at the rate of 8% per annum calculated from 01/11/03 to 01/11/06, which is £720.21.

I believe that the contents of these particulars of claim are true.

Signed:

[coxey61]

Can you also say if my charges are right.

Under the value section

 

Charges £720.00

Contractual interest £720.61

Data Protection fee £10.00

Postal and personal costs £60.00

Court Fee £120.00

[jshtr3]

Hi coxey, here we go then

c) the additional costs incurred by the Claimant in the writing and sending of letters to the Defendant pursuant to this claim in the sum of £190.00, as set out in the attached list of costs.

I would leave this bit out personally as I'm not sure it's relevant. Can you justify £190 in time spent writing letters etc. Think you'd be hard pushed to. Dpick had some problems with them before filing the claim I think and think thats why it was included.

We hold that this applies to unauthorised drawings by the Defendant as well as to unauthorised drawings by the Claimant.

Would change the "we" to "I" at the begining of the sentence

Section 69 of the County Court Act 1984 at the rate of 8% per annum calculated from 01/11/03 to 01/11/06, which is £720.21.

The £720.21 is the interest at 30.9%. You need to go to the spreadsheet you used to calculate your charges and change the rate to 8%, make a note of the figure and put it in this paragraph instead of the 720.21. This paragraph is requesting that the judge awards statutory interest at 8% if he/she decides not to award contractual interest.

 

Are the dates 1/11/03 to 1/11/06 the dates YOU are claiming for? if not you need to ammend them to the correct dates. You don't need to include the line about "believe these particulars of claim are true" as it says this in the next box down on the form. Rest looks fine.

Now to the maths

Charges £720.00

Contractual interest £720.61

Data Protection fee £10.00

All OK

Postal and personal costs £60.00

As I said before I would leave this out. You can ask for wasted costs when your claim is settled if you want but as Cap1 don't seem to mess people around too much it's unlikely you'll get them. No harm in asking though!

Anything else just ask

[coxey61]

Hi Ya,

Good job you spotted that i meant to put in £60.00 but added to court costs. But if you say get rid of that line, then ok.

I have changed We to I,

Now i have a problem as i went back to the spreadsheet and put in 8.00% and it gave me 720.21 whats gone wrong with that then. not good at maths lol another thing im not good at lol i must seen so thick.

so on 720.00 what is 8.00% or am i just putting it in wrong.

cheers honey,

The dates are the dates i had the account for, so is this right.

ok ill await your reply.

thanks again

[jshtr3]

Helloooooo

Which spreadsheet did you use? If it was one of the google ones it should do it! You really do have to stop calling yourself thick you know;) Most people have problems with spreadsheets. I hate them and only have a basic grasp as I use them for my business:( Yes, if they're dates for your account they're right. It's nice being waited on!

[coxey61]

the spread sheet im using is the one dee dee gave me she emailed it to me, not sure which one it is but i put in 8.00% and thats what it came up with so any clues ? your better than me:D

[jshtr3]

Really can't help as I'm only any good at excell and google. Try PMing DEE DEE and see what she can do for you. Sorry:(