Anyone beat CapOne with Compound Interest?

[BOBSCOUSE]

Hello,

 

I have a hearing against CapOne this Friday. Being the good fellows they are I have a little predicament which I would appreciate your help on. Please bear with this lengthy post.

 

Capital One offered to pay the charges, 8% interest and court fees back on 28th June, by cheque, within 14 days. On the same day they deposited these amounts (unknown to me) into my account. I received their offer and replied stating I would return the cheque and also requesting that a small partial payment they had made previously was withdrawn from my account.

 

11th July I received my statement from them and saw they what they had done, so sent a letter requesting that they remove all amounts from my account while I continued to proceed with claim.

 

As I had submitted a Draft Order the Judge requested that CapOne provide breakdown of costs, legal arguments against unlawfulness of their charges and original T&Cs. When the date for them to do this passed I requested judgement, taking the letter to court by hand. When I got home from court I found a letter from CapOne stating that as all charges had been paid back they would not provide the information as the claim now is only for Compounded Interest.

 

I immediately wrote a letter stating all the circumstances, that CapOne had manipulated the situation and were being both presumptious and in contempt of the Judges order in not providing information (as well as being late in providing a response). At the same time I once again requested judgement in my favour.

 

I am still waiting a response to this request, and the hearing is on Friday. Assuming that the Judge won't pre-judge before the hearing, it would help me greatly if any CapOne winners out there who were paid with CI could tell me their Claim Number, Charges Amount, CI Amount, whether they also claimed 8% court interest from the date the court claim started and also whether it was settled before a hearing or as a result of the hearing. No names required. I will then be able to show the judge that CapOne HAVE previously paid CI and perhaps lean him towards paying allowing my claim. In addition to this I will be using the Westdeutsche case, Sempra and arguments of fairness and balance.

 

Sorry about the long post.

 

Bob

[document]

This is the most confusing site I have ever encountered. Would someone please ..never mind, I'll figure it out. Thanks anyway.

[BOBSCOUSE]

OK - that helped :-|

 

If somebody could please try to help me it would be much appreciated.

 

Thanks!

[lyns]

I have just got back from my court hearing and the judge wouldnt allow me to carry on for my CCI claim only at 8% which they had already paid me see my post.

[ukaviator]

You can try Bob. It has been paid out in the past, but please be careful.

[BOBSCOUSE]

Thank you both - In what way should I be careful ukaviator?

[ukaviator]

If you push it into court, and lose, you could end up with the Solicitors bill from the other side, and court fees. It is worth a try using the Sempra Metals case as an example of CCI. A link to the case is in the Cases Library. Maybe worth a mention in any correspondance with Capital One.

If your watching Capital One, Sempra Metals Limited (formerly Metallgesellschaft Limited) (Respondents) v. Her Majesty's Commissioners of Inland Revenue and another (Appellants) July 2007. So pay up.

[Paintball]

This is the most confusing site I have ever encountered. Would someone please ..never mind, I'll figure it out. Thanks anyway.

 

Good grief Doc, give it a chance!! Reading, reading, asking Qs, etc ...

[Paintball]

If you push it into court, and lose, you could end up with the Solicitors bill from the other side, and court fees. It is worth a try using the Sempra Metals case as an example of CCI. A link to the case is in the Cases Library. Maybe worth a mention in any correspondance with Capital One.

If your watching Capital One, Sempra Metals Limited (formerly Metallgesellschaft Limited) (Respondents) v. Her Majesty's Commissioners of Inland Revenue and another (Appellants) July 2007. So pay up.

 

 

Nice one UK ... personally, I would always defend my right to get back what I've paid out on unlawful charges and don't see how a judge can insist otherwise. The judge is enriching Cap One further by allowing them to get off with Statutory ... not all judges will take his view though!

[M.Willows]

I won compounded , but not until the very last stages and not without a fight.

[BOBSCOUSE]

MWillows - can I have details please. Claim ref, amount charges, amount CI, settled before or at hearing, with or without 8% Court Interest from date court claim started - PLEASE!!!!

 

I already have the Sempra case, but thanks for the heads up anyway guys. Also going for fairness and balance, using Westdeutsche v Islington as well.

 

Fingers crossed

[M.Willows]

Cap One did not file a defence so entered judgement against them .This included compound interest rate , the only prob i had that Cap One wrote and told the Court that they had settled and paid the amount to a DCA and they only paid 8%. I argued this with Cap One and informed the court ,then Cap One further reduced the alleged debt more than the compound interest would have given me and then I agreed to settle the claim a day before the hearing.My alleged debt is around £500 now but before it was around £1,300, sorry have another court case Friday so I haven't got time to dig out details at moment.