Fancy claiming in england? - I am

[stevokenevo]

If you fancy claiming in england have a look at this - i will keep it updated and see how we get on

 

http://www.consumeractiongroup.co.uk/forum/capital-one/85127-mrs-stevokenevo-capital-one-2.html

[maroondevo52]

Hi, Stevo.

 

Hope all go's well. I'll keep up with your progress. I've went down the FOS route, coudn't make up my mind which way to go.

 

Best wishes.

 

Scott.

[stevokenevo]

Thanks Scott, i just dont fancy the FOS route, to me it could be a lottery (to be honest i dont know enough about that route)

If this is is a straight forward as it should be it might pave the way for others.

 

I am claiming in england, using a scottish address, by posting the N1 form to the court local to the defendant.

[rory32]

I'm currently doing the same as Scott (the FOS route)with contractual interest.

 

Scott did you ever claim for those maintenance charges? RBS offered to pay mine but with no interest. Obviously, I didn't take their offer.

[maroondevo52]

Hi, Rory.

 

The only things I claimed for were excess o/d charges and returned d/d charges.

 

Regards.

 

Scott.

[rory32]

You really need to claim for those maintenance charges Scott. Mine came to about £1K (total claim about £2.5K plus interest of about £2.5K). RBS's offer was just over a hundred pounds short of the claim before interest. They never seem to offer interest until you show you're serious.

[Dusary]

Stevokenevo:

 

Any news?

[stevokenevo]

Stevokenevo:

 

Any news?

 

big news!!

 

http://www.consumeractiongroup.co.uk/forum/capital-one/85127-mrs-stevokenevo-capital-one-2.html

[Dusary]

!!!!congratulations!!!!

NOW YOU'LL HAVE SLEEPLESS NIGHTS -

!!FOR A

DIFFERENT REASON!!

[stevokenevo]

..

[stevokenevo]

Thanks Dusary ;-)

[stevokenevo]

Ok sent N1 claim form off to court last Wednesday (4th july) in triplicate.

Received our copy back today stamped by Nottingham county court so thats us well and truly under way ;-)

 

Jist of the claim is £876 in charges + £225 in interest on the charges + £2321.72 in contractual interest @ 34.9% + £120 court fee. Total £3543.59.

 

Fingers X'd ;-)

[rory32]

Stevo are you aware of this http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/97691-contractual-interest-precedent-lost.html?highlight=contractual+precedent+lost

[stevokenevo]

Yes Rory, and as far as i am aware, this only applies to bank accounts and not credit card agreements......................................

[rory32]

Oops forgot it was a CC.

[stevokenevo]

Oops forgot it was a CC.

 

you had me going there ;-)

 

Also, it is worth pointing out for anyone else reading this, as far as i can gather, the case for contractual interest which was lost was based on the principal of 'mutuality and reciprocity'.

If you check out my cap1 thread and in particular the statement of claim provided by UkAviator, my claim is different and based on a different theory....................

 

The claimant’s grounds for seeking to be compensated for the defendant’s unauthorised use of the claimant’s monies in the terms provided for in the contract, follow the principle advocated by the OFT - in its published guide to The Unfair Terms in Consumer Contracts Regulations 1999 - that “fairness and balance require that both parties to a contract are equally bound by it, and equally liable to pay compensation for failure to abide by it.”

So, as far as i can see, claims are still going ahead for contractual interest, just following a different 'angle'

[stevokenevo]

well, just to recap, we have now settled the case, for everything exc the CCI.

 

We could have had the dosh on July 20th, if we had accepted there offer, but in the end, we were going to be appeaing in court to argue for the CCI only, and in the end we decided against it. Feel abit disappointed but thats life..............

 

Never the less, it proves you can claim in england, without an english address ;-)

 

Good luck to everyone else.......................

[rory32]

Well done Stevo. At least in January the limits in Scotland go up so in future we shouldn't have to use the English system (unless it's a really big claim )