Capital One

cathdance

Hello

Thanks for writing back.

I took a reduced amount from Cap1 themselves. It was the only one i have done that with as i have got my full amount back from all the others. I needed the money as im having a second baby (due tommorow)!!!

I have just got my husbands full amount back via the ombudsman with cap1 but still haven't got any mone yet.

how about you?

Thanks

Cathdance

smashedbooboo

i seriously would go for the full amount and take them to Mcol. how much are they giving you back. if you go to court i got my money back within three weeks hun. I claimed over 1000.00 incliding interest. Are you sure they have not put it on your card like barclaycard did with mine

smashedbooboo

And congrats for tomorrow. Good luck. Another DFW baby.

hopeless_case_2

you should have had them by now. give tham a ring.They are quite good at paying out.

fiveyearplan

emmajoe wrote: »

It took two weeks for Cap 1 to inform me that they were defending claim and then another two weeks to inform me that they were going to refund all the charges. I received the cheque last week.

I hope this helps.

Emmajoe - did you claim for £12 charges?

jespurrier

Hi,

I have written Capital one two letter's asking them to rufund the charges applied to my old credit card that I had with them a few years ago using the templates on this site.
The charges total £1100 and I have calculated and added interest on that using the calculator on this site making it £1454.37. However, they did credit me with £485.15 as a goodwill gesture previously which I have told them I will deduct from the amount owed making it £969.22
They have replied to both letters with an offer of £50!!! (they say the difference between £12 and the charges, how they made the total £50 I dont really know!)

I now intend to take it to the court stage and I being a bit of a numpty with money I am unsure of a couple of things regarding the legal jargon in the claim template from this site :

1. I have to fill in the interest rate for my card (capital one classic, bad credit, credit card!) which I think was 34.9% but I would like to check?!

2. I need to include that I am deducting the amount offered as a goodwill gesture already but I dont want to mess up the format of the template and make the text too long.....

The last thing I would want is for my case not to go through properly because I have made a couple of novice errors.

Can anybody help?

Tozer

Check the position on stayed claims on this website. But to answer your questions:

1. This will be the statutory rate of interest - not the rate you have been charged.

2. Yes, you have to deduct what has been paid already.

jespurrier

Thanks for that Tozer but i am still left in the dark a bit... sorry again if I am coming across as a numpty......

Why should I check the position of stayed claims?

The template for MCOL has a suggested interest rate on it of 24.5 or something (cant remember as I had to delete it to put my info in) so this cannot refer to the statutory interest rate as I know that this is 8% and there would be no need to insert different information into the template?!

The other thing I wanted to know was not whether or not to claim for the full amount minus the goodwill gesture but how to word this in my claim knowing that you can only use a certain amount of characters?

This is what I have for the claim right now :

[FONT=&quot]1. The Claimant [/FONT][FONT=&quot]had a credit card account [/FONT][FONT=&quot] , opened on or around 24/06/2002. Credit cards are not included in the Office of Fair Trading’s Claim No. 2007 Folio 1186.<o></o>[/FONT]
[FONT=&quot]2. Since 13/08/2002 the Defendant debited charges and interest at a rate of 34.9%[/FONT][FONT=&quot]in respect of purported breaches of contract. <o></o>[/FONT]
[FONT=&quot]3. Defendant is aware of all details as a list of charges has already been supplied. A copy will be sent to the court. <o></o>[/FONT]
[FONT=&quot]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. <o></o>[/FONT]
[FONT=&quot]5. Claimant claims: (a) return of the amounts debited of £1100; (b) Interest per S.69 County Courts Act 1984 of 8% per annum from the date they were deprived of the money £344.73 continuing at the daily rate of [/FONT][FONT=&quot]0.022% until judgment or payment. Claimant will deduct £485.15 from the final amount claimed for money received as a goodwill gesture.<o></o>[/FONT]
[FONT=&quot]6. Costs allowed by the Court.<o></o>[/FONT]

Can anybody help?

Edinburghlass_2

That seems fine to me, do you have enough "space" to enter what you have posted above? If you don't leave out the bit about the previous goodwill gesture as Capital One will deduct this from any further payment made.

I'll shift this into the Capital One thread shortly where you can read that once it gets to the court stage you'll find that they will pay out.

jespurrier

Thank you very much! I will start my MCOL tonight.