Advice on Particulars of Claim.

carlos1973

I have just recieved a laugable response from Capital One. The letter was near identical to their first reply, ( they wrote "Thank you for writing back to me" rather than "Thank you for writing to me" and "As I stated in my previous letter, We add late or" rather than "We add late or") This is after an abusive and rude phone call with on Friday and their failure to honour a promise phone me regarding my claim.
My account balance is £223.16 (£23.16 overlimt) and my claim is for £264 + £19.38 interest. The timescale of events is:
06/07 - 04/09 £264 of charges accumulated on account.
05/04/09 Wrote to Capital One requesting charges to be refunded. 14 days given to respond.
17/04/09 Reply received stating "I've reviewed you account and as the default sums that have been applied are £12 and correct, there is no refund to be given"
23/04/09 Wrote again asking for refund and quoted OFT recommendation and stated "I do not believe the charges reflect the true cost to Capital One and are unfair and disproportionate". 14 days given to respond.
08/05/09 Phoned Capital One. Tried to speak to the relevant department only to have repeated requests for payments, refusal to allow me contact with the relevant department and abusive sacrastic remarks made to me.
10/05/09 Discovered that I have locked out of the secure messaging service on my online account management.
12/05/09 Reply recieved. 99% identical to 17/04/09 reply.

I am now in the process of filling out a MCOL form and was wondering what to put in the POC.

I also want to write to Capital One informing them I now view the account as in dispute. I am worried about further charges, £62 have already been added, and preventing them passing the account to a collection agency.

Any advice on the POC or default letter would be greatly appreciated.

Orford

MCOL poc's here:
http://www.moneysavingexpert.com/reclaim/credit-card-charges#court

Or fuller N1 Poc's here:
http://www.consumerforums.com/resources/templates-library/48-bank-templates/120-zootscoot.html

Scroll down to Cap 1 specific Poc's

carlos1973

Cheers Orford. Looking at the POC it mentions the Interst rate charged on the charges. Is it reasonable to charge for this as well as the 8% statutory interest?
Does this sound OK?

[FONT=Arial, sans-serif]1. The Claimant has a credit card account XXXX XXXX XXXX XXXX, opened on or around June 2007. Credit cards are not included in the Office of Fair Trading’s Claim No. 2007 Folio 1186.[/FONT]
[FONT=Arial, sans-serif]2. Since 18/06/07 the Defendant debited charges and interest at a rate of 30.34% in respect of purported breaches of contract. [/FONT]
[FONT=Arial, sans-serif]3. Defendant is aware of all details as a list of charges has already been supplied. A copy will be sent to the court upon request. [/FONT]
[FONT=Arial, sans-serif]4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999 and at Common Law. [/FONT]
[FONT=Arial, sans-serif]5. Claimant claims: (a) return of the amounts debited of £312.00; (b) Interest per S.69 County Courts Act 1984 of 8% per annum from the date they were deprived of the money £19.38 continuing at the daily rate of 0.022% until judgment or payment.[/FONT]
[FONT=Arial, sans-serif]6. Costs allowed by the Court.[/FONT]

(Credit card number intentionally left out due to 'open' forum)

Orford

Looking at the POC it mentions the Interst rate charged on the charges. Is it reasonable to charge for this as well as the 8% statutory interest?

Yes , as long as you only claim the proportion of interest that relates to the penalty charges.

carlos1973

Cheers Orford. Sorry to be dense but what is the formula to work out the amount of interest applied?

Orford

Bu***er, I was hoping you weren't going to ask me that, lol. Cos it's complicated and there isn't just a single simple formula, since, for instance, there are different interest rates for purchases and cash advances etc and are applied differently.

You need a spreadsheet to work it out such as the Credit Card - Advanced here:
http://www.consumerforums.com/resources/templates-library/48-bank-templates/118-interest-calculation-spreadsheets.html

Unfortunately, you're on your own from now on , cos I don't have a clue about spreadsheets

carlos1973

Great an honest and candid response! I can't submit my online claim until Friday, Payday:beer:, so at least I have a few days to figure them out. Once again cheers and thanks for all your help.:T