coxey61 vs capital one

[coxey61]

oh i dont belive this i have installed a excell veiwer so i can see it but cant work on it. It like given me chocalate and telling me i cant eat it so ok whats next why is this so easy for everyone else.

[deedee1310]

go to download: Download Central and download the Open Office Suite.

 

It is a very good alternative to Microsoft Office. It contains a spreadsheet package called Calc. It will be able to handle the Excel spreadsheet I have sent you.

 

Let me know how you get on.

[coxey61]

ok downloading now thank you ill let you no.

[coxey61]

do you know what dee dee you are great i would love to buy you a drink its worked

[coxey61]

now where you have do i put in 30.9 like uk said and will it just automatically add it up

[coxey61]

where did you go ok ill talk to you tommorow then cheers mate.

[deedee1310]

Sorry. I fell asleep! I was up until the wee hours of the morning last night, so I probably had about 4 hours sleep. Then I had an interview today that lasted almost three hours.

 

All the excitement was too much for me today

 

Have just woken up to see your messages. You put the interest rate in cell B6

 

Hope everything else went well with the spreadsheet. Speak you to tomorrow.

 

deedee

[coxey61]

Ok yipee i have finally done the spread sheet now i have to write a letter to reject offer tell them about the contractual interest and give 7 days,

any opions or advice greatly welcomed

[coxey61]

ok i have wrote my letter any advice would be greatly appreciated before i send it please

 

 

Capital One Bank

 

 

21st June 2007

 

 

LETTER BEFORE ACTION

 

Dear Ellie Renshaw

 

ACCOUNT NUMBER: ************

 

 

I am very disappointed that you have failed to respond to my letter of the 15/05/07, Due to a bereavement within the family I have not been able to deal with matter until now.

Firstly I must point out that you seem to consider my previous letters as complaints, I must inform you that they were not complaints they are, and always have been requests, requests which you don’t seem to be taking seriously.

I now understand that the regime of 'fees' which you have been applying to my account in relation to late payments, over limit fees and so forth are unlawful at Common Law and contrary to consumer regulations.

If you say they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, this is in order to reassure me that your charges really do reflect your costs.

As I previously stated in my last letter to you dated 15/05/07 I respectfully decline your offer of full and final settlement and return your cheque to you of £****.

I would also like to inform you that I am changing my request due to information received via various websites and the media and will be claiming the contractual interest that has been taken from me

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise.

I calculate that you have taken £**** plus £**** which you have charged me in overdraft interest for the sum which you have taken. Total £***.

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

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosities caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

I require repayment in full of this money and removal of the default notice. If you do not comply fully within 7 days then I shall begin a claim against you for the full amount plus interest, plus my costs and without further notice.

 

You are also reminded of my request that you forward a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6©, and your continued failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.

 

 

 

 

 

Yours faithfully,

 

 

 

 

 

.

.

.

 

[deedee1310]

ok i have wrote my letter any advice would be greatly appreciated before i send it please

 

 

Capital One Bank

 

 

21st June 2007

 

 

LETTER BEFORE ACTION

 

Dear Ellie Renshaw

 

ACCOUNT NUMBER: ************

 

 

I am very disappointed that you have failed to respond to my letter of the 15/05/07, Due to a bereavement within the family I have not been able to deal with matter until now.

Firstly I must point out that you seem to consider my previous letters as complaints, I must inform you that they were not complaints they are, and always have been requests, requests which you don’t seem to be taking seriously.

I now understand that the regime of 'fees' which you have been applying to my account in relation to late payments, over limit fees and so forth are unlawful at Common Law and contrary to consumer regulations.

If you say they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, this is in order to reassure me that your charges really do reflect your costs.

As I previously stated in my last letter to you dated 15/05/07 I respectfully decline your offer of full and final settlement and return your cheque to you of £****.

I would also like to inform you that I am changing my request due to information received via various websites and the media and will be claiming the contractual interest that has been taken from me

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise.

 

I calculate that you have taken £xxx plus £xxx which you have charged me in contractual interest at the rate of xxxx% (compounded daily) for the sum which you have taken. Total £xxxx. I enclose a revised schedule of the charges which I am claiming with this letter. I believe this rate to be justified under the principle of mutuality and reciprocity, and is based on the rate that was applied under the terms of the above mentioned account. (I'm assuming here that you used the 30.9% interest rate)

 

I am enclosing a copy of the schedule of the charges which I am claiming.(no need for this line here)

 

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosities caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

I require repayment in full of this money and removal of the default notice. If you do not comply fully within 7 days then I shall begin a claim against you for the full amount plus interest, plus my costs and without further notice.

 

You are also reminded of my request that you forward a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6©, and your continued failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.

 

 

 

 

 

Yours faithfully,

 

 

 

 

 

.

.

.

 

 

 

I think that the this is ok. I have added stuff in red. Can anyone else have a look and give their opinion?

 

deedee

[coxey61]

yes i have used the 30.9 was that right.

I cant thank you enough.

Ill wait till tommorow then post yipee 7 days of lol

[coxey61]

forgot to say dee dee how did the interview go:)

you deserve it

[jshtr3]

Hi Coxey. I think the letter looks fine. Only one question. Why not include the schedule of charges line? Well done on the spreadsheet by the way:)

[coxey61]

Thank you jshtr3, not sure on line dee dee will explain im sure:)

[deedee1310]

Hi Jstr3.

 

I'm not sure what you mean either.

 

I included a line with regards to sending a revised schedule of charges, as Coxey is going for CI at 30.9% based on the principle of mutuality and reciprocity.

 

Please clarify

 

BTW Coxey - interview went well just waiting to hear. Hopefully four months of unemployment may soon be over. Wish me luck!

 

deedee

[deedee1310]

Coxey guess what? I just got a call 5 minutes ago - I got the job. Yippeee!!! I'm really psyched. OMG the wait has been worth it.

 

My letter to Mr Udy at Cr*p One has been delivered too, so just waiting to hear from him (well his team that is).

 

I'm stoked. Now I have to stay away from the forum to get my dissertation finished.

 

I'm starting full time work on Monday, so I need to do this. I shall be checking in though so don't worry.

 

deedee x

[ukaviator]

H i Coxey

 

You should send the amended schedule of charges, don't give them any excuse later on to play up. You must keep the claim whole as well, default removal and charges refunded. Other than that you seem to be doing well with deedee's help. Keep us posted.

 

Deedee... like your Avatar, is that you?

 

Uk

[deedee1310]

Hey ukaviator!

 

Glad you like the pic. It's a representation of how I see myself - strong, sexy, mysterious, alluring.....

 

Not really It's Angelina Jolie but I liked the pic. I am all the above except I am mocha coloured with velvet brown eyes

 

deedee

[coxey61]

Hi all

Been to Glastonbury at the weekend had a great time but how sad am i missed this site;)

Dee Dee what can i say a big well done to you great mews on job i told you, you deserve it love, one problem though you cant go of stay with us i need you:D

Ok now i have had a rest im on top form and ready to fit crap one.

I have made admendments to my letter and will post it today. yippee.

so seven days to wait.

Thanks to all of you you have been great.

Going to start a new thread tonight now coxey61 vs LLOYDSTSB.

so when its up and running pop over and see me.

love to all,

talk later:p

[jshtr3]

Glastonbury eh? I'm so jealous. Looked great from the bits I saw on telly. I know it's a week late but just to clear it up this was the line I was reffering to

am enclosing a copy of the schedule of the charges which I am claiming.(no need for this line here)

but dee dee explained so it all makes sense now.

You've already got a TSB thread, it's here http://www.consumeractiongroup.co.uk/forum/lloyds-bank/89670-struggerling-charges-site.html

Take care

[deedee1310]

Hey Coxey,

 

you went to Glastonbury huh?? No wonder, you went quiet. I hope you had a great time and didn't get too muddy.

 

Hi Jstr3! I was beginning to think that you had deserted us here too. LOL!

 

Hope you are both well?

 

deedee x

[coxey61]

Hi all Glastonbury great fun vert muddy went over many a times.

Hows the job going Dee Dee.

Do i use that thread then because it does not state lloyds wondered if i would get more help if it went under lloyds.

Doing great now thanks to you all.

Letters went of today. yippee

Love to all.

[jshtr3]

Hello both of you.

The thread I linked to is in the Lloyds forum so it's fine to use. The title's good for getting help and I'm still subscribed so I can keep an eye on you (so behave! ) Haven't gone anywhere deedee, just been very busy for the last couple of weeks. Haven't even had time to do much about Lloyds bouncing my settlement cheque. Off to leeds now but back soon;)

[coxey61]

They bounced your cheque oh my god whats your thread:)

[jshtr3]

It's not too interesting but it's here http://www.consumeractiongroup.co.uk/forum/lloyds-bank/73807-jshtr3-lloyds-tsb.html