Now At The Point Of Taking Cap One To Court ***WON***WON***WON***

[DOBBYDOG]

Hi all,

 

Ive already gone through the process of asking for charges back. They wrote back offering a tiny amount. I wrote back declining their offer which was my LBA.

 

Have received letter today with the same offer which is their FINAL OFFER relating to this matter.

 

Now then, the serious stuff starts here doesnt it ?

 

I am assuming i need to get an N1 form filled in. Do i also have to do a POC.

This is the point i could really fall down as i havnt really got a clue if i will be doing it right. If i do have to do both the above would someone be kind enough to have a look for me just to check i have it right ?

 

Many thanks as always x

[steven4064]

The POC is part of the N1. There is a Cap1 specific POC already done here

You print this out and attach to the N1. In the space on the N1 for the POC you just write "attached". You can download an N1 from Her Majesty's Courts Service - Home

[DOBBYDOG]

The POC is part of the N1. There is a Cap1 specific POC already done here

You print this out and attach to the N1. In the space on the N1 for the POC you just write "attached". You can download an N1 from Her Majesty's Courts Service - Home

 

 

Thankyou very much Steven, that is most helpful.

I may be back though if i get stuck if thats ok.

[steven4064]

Thankyou very much Steven, that is most helpful.

I may be back though if i get stuck if thats ok.

That's what we are here for

[DOBBYDOG]

Hi, Ive now completed my spread sheet but was wondering if maybe someone could check ive done it right. Dont want to look like an idiot.

Thanks.

Edited May 27, 2008 by DOBBYDOG

[steven4064]

Without the date and amount of each transaction we can't possibly tell exactly. It doesn't look unreasonablr though.

[DOBBYDOG]

Any chance some kind person could have a look at my spreadsheet if i PM it to them. I really dont know if what i'm doing is right. Havnt got a clue what the interest that has come out is called :confused:

Just bottling it a little.

[steven4064]

Feel free to e-mail it to me at my CAG address

[steven4064]

Hi dobbydog

 

I looked at the spreadsheet you sent. By and large it is fine but something funny has happened with the interest on charges - in some cases it is more than the actual interest payment on the account - that can't be right. This happens when the total balance is less than the total of charges. In those cases, manually change the interst on charges to the actual interest, then it will be right.

[DOBBYDOG]

Thankyou steven for taking the time to have a look for me.

 

I sort of know what you mean. I knew something wasn't quite right.

 

Iv'e had a fiddle with it and think it could be something to do with the remaining balance part.

Now then, i have written it exactly as it is on the statement but should i be putting a minus here. For example if my credit limit is say £400 and my new balance is say £520 i am £120 over and in the red. Should i be putting -120 in the remaining balance bit rather than remaining balance as £520. Or even -520

I have tested this out both ways and the interest on charges is coming out exactly as stated on the statement.

 

Thanks in advance.

[steven4064]

I think on this particular spreadsheet debts are plus and credits, minus. As a credit card, most if not all your balances will be debts and therefore positive.

 

All I think you need to do is to go through the interst on charges column and, where te value is greater than the actual interest amount, set it equal to te actual interest manually.

[DOBBYDOG]

Thanks for that. Iv'e ammended that now as you've said.

 

Obviously my claim total is now different to that in my LBA, will this make a difference to the court ?

Oh and is this called compound interest of which i am claiming ?

 

Thanks.

[steven4064]

It doesn't really matter that the LBA and court claim are different (so long as the difference isn't massive eg LBA £250, claim £5k ) What you are claiming on tat spreadsheet is 'charges applied by the defendant to the Account and interest levied thereon'. You can add either 8% s69 interest on top of both or (if you understand what you are doing) compound interest at some realistic ()ie defensible) rate on both. See my interest tutorial.

[DOBBYDOG]

Hi Steve, thanks again for your help. Think i know what i'm doing now. I'm not even gunna go there with the compound thingy, it's taken me weeks to get my head around it so far Am gunna stick with what iv'e done already and hope i'll have no problems.

 

Thanks again.

[steven4064]

In your POC, where you say what you are claiming (and in the brief POC), add

 

"interest under s69 of te County Courts Act 1984 at 8% per annum (0.022% per day) until the date of judgement or earlier payment"

[DOBBYDOG]

In your POC, where you say what you are claiming (and in the brief POC), add

 

"interest under s69 of te County Courts Act 1984 at 8% per annum (0.022% per day) until the date of judgement or earlier payment"

 

Do i put 8% on charges and 8% on interest on charges or will they just know this ?

 

Also do i have to work out the 0.022% and include that amount or do i just write 0.022% ?

 

Sorry to be a pain and hopefully this may be my last question before i take it to court tomorrow.

Many thanks.

[DOBBYDOG]

Filed my claim today

 

Oh well, no going back now

[DOBBYDOG]

Response received today. Cap 1 have until the 19th to reply

[checkoutdolly]

good luck fingers crossed they dont reply and it all goes smoothly for you

[DOBBYDOG]

Ooooops !! Cap 1 intend to defend !

[steven4064]

Of course, saying they intend to and actually doing it are two completely different things

[WendyB]

They always say they'll defend. But they don't. Give it a few days and you'll probably get a letter full of crap which says they don't admit anything, their charges are fair, they'd win in court.....but as a gesture of goodwill they're going to pay up anyway. If you're really really lucky you might actually get a copy of their defence. Which is rubbish to be honest. And "usually appears after the we're going to pay up letter"

Don't panic, the money is on it way to you:D

[steven4064]

Very succinctly put Wendy

[WendyB]

You know me Steven, mistress of tact.......

[foolishgirl]

Hi Dobbydog - I'm watching your case with interest (no pun intended) as I am just about to start a similar claim against Cap 1. Re: your Post 5, could you tell me how you calculated the interest Cap 1 had applied on the charges please? My monthly interest is rolled up with the original debt & I'm not sure how to seperate it out. Also how did you then calculate the total amount to claim eg. did you compund it for the total period? Did you use a particular kind of calcualtor - maybe online etc. or did you do it with Works/Excel?

Any help would be greatly appreciated.

Good luck with the claim....