Capital One

beckied

Hi i just wanted to let all you moneysavers know that cap1 have put up a defence now (scared) I hope you are all right by saying they pay up in 21 days cause it would be my luck to have to go to court. lol
If i have sent my claim on the 12/6 and they acknowledge the claim on the 20/06 does that mean the 21 days start on the 20/06 i am confused and would be grateful if anyone has any advice to give me.

LEE69_2

yeah 21 days from 20/06.

Don't worry,letter came today from them.

SUGARSPICE

Morning Lee69

I filed my Court Claim last night (Fri) but Ive realised that I put as the Daily Rate which worked out as 0.27 but I put % at the end of it and not just left it as 0.27.

What should I do? Do I just leave it?

Im claiming £1,272 in Charges.

On my last statement with Capital One my Balance is £247 but this is all charges as I have not taken any money out for ages because there was no money to take out as my limit is £200.

Does this mean that I still owe them this so they only owe me £1,025 or do they owe me the full £1,272 if you get what I mean?

Ive not long got out of bed so Im most probably not making any sense :rolleyes: .

Thank you.

LEE69_2

If you make a mistake,you can't edit it
I'd phone them on monday,they are very helpful.

They refunded ours to the card,and we have a credit on there now.(i wonder if they will pay us interest

From re-reading what yiou wrote i think you'll get the £1025.
And i would ask that to be paid in cheque form,then pay that into your bank.

SUGARSPICE

Lee69

1.Dont they charge you for having to change it?

2.Do you mean they refunded your Charges to your credit card or do you mean that you had to cancel the Court Claim & they refunded the Court costs to your credit card?

3.How long did it take to refund?

4.Who do I ask & when for it to be paid in cheque form?

5.Does it mean that my Claim wont show up as Issued today as its the weekend & that the weekend days does not get included in the waiting days?

Thank you.

LEE69_2

1.Dont they charge you for having to change it?
We had to cancel and do it a fresh.The refund is at their discretion.

2.Do you mean they refunded your Charges to your credit card or do you mean that you had to cancel the Court Claim & they refunded the Court costs to your credit card?
Ours were refunded to the card,and we had an excess of £34.

3.How long did it take to refund?
We got a refund cheque off MCOL within a few days

4.Who do I ask & when for it to be paid in cheque form?
You can send a letter to capital one for any balance to be sent in cheque for.

5.Does it mean that my Claim wont show up as Issued today as its the weekend & that the weekend days does not get included in the waiting days?
It takes a few days to be issued,our 21 days did include the weekends.

SUGARSPICE

Could you tell me if this is right so I get it right when I have to redo it:

The Claimant has an account xxxxxxxxx with the Defendant,opened in xxxx.

Between (22/10/01 which is first charge) and 25/06/07 which will be date of submitting Court Claim) the Defendent debited numerous charges from the Claimants account.

The Charges are an Unfair penalty under the Unfair Terms in Consumer Contract Regulations 1999,because they are a disproportionately high sum in conpensation compared to the cost of the purported breach.

Under the law of penalties,the charges are an unlawful extravagant penalty.

Under the County Courts Act,the Claimant is entitled to interest of 8% per annum from the date they were deprived of the money.This totals (amount of interest as calculated with Martins Calculator which I will have to work out agin on Monday),accuring at the daily rate of (work this out by multiplying amount of interest by 0.00022 which would then give me the Daily Rate & to be entered here) until judgment or payment.

The Claimant asks the court to enter judgment in their favour for(insert total charges) plus interest,totaling (insert total charges plus interest).

Thank you.

LEE69_2

Sounds right but, this is what we used of this site (our details take out)

The Claimant has an account ****************** with the Defendant, opened ******. Since ****** the Defendant debited charges and interest in respect of purported breaches of contract.Defendant is aware of all details as a list of charges has already been supplied. Claimant contends: The charges exceed the Defendant's losses caused by the breaches; The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. Claimant claims: return of the amounts debited of £***; Interest per S.69 County Courts Act 1984 of 8% - £**** continuing at 8% until judgment or settlement at a daily rate of £0.05; Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. Costs allowed by the Court.

mrsmac_3

Hi,

Dont worry that Cap One filed defence. They did this with me on 15th June but waited a few days for letter to arrive from MCOL confirming this and it did but also said they had filed defence because they had paid up in full - two days letter received cheque from them for full amount plus interest plus court charges - grand total £1500!

Please dont worry - it will be fine.

chrissieo

SUGARSPICE wrote: »

Lee69

1.Dont they charge you for having to change it?.

I had to cancel my MCOL and resubmit a new one and they returned the orginal charge of £80 within 4 days.

Chrissie