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

[steven4064]

Hi folishgirl

 

If you have your statements you put the monthly interest charges along with the other charges into the advanced spreadsheet (http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html) and it works it out for you.

[DOBBYDOG]

Hi, can i just ask, is it 28 days from the date deemed served or 28 days from acknowledgment. Thanks.

[steven4064]

It's 28 days from the date it was deemed served

[DOBBYDOG]

It's 28 days from the date it was deemed served

 

Thanks Steve, not long now then

[DOBBYDOG]

RESULT

 

Got my letter today. They are going to pay, but not all of it. They say i have calculated the 8% wrong. Dont know if i did or not. Also they say i cant claim interest on interest so have deducted that also. Its about £600 less than i had claimed. Think i will just accept this anyway as is still a good amount.

 

They say it will clear the outstanding balance and will send a cheque for the rest. Now then, i have no outstanding balance with them. There is one but with a DCA who i have requested CCA but have only received an application form from. I would like to use that to my advantage to get a reduced full and final settlement and dont want Cap 1 dealing with them. Technically the account with the DCA is in dispute.

Would it be worth writing to Cap 1 and telling them i am dealing with the DCA myself ?

 

Thanks for all your help with this ( especially Steven ) Couldnt have done it without GAG x

[steven4064]

Also they say i cant claim interest on interest so have deducted that also. Its about £600 less than i had claimed.

If you have claimed interest that they levied on the charges and then claimed 8% interest on that then that is entirely legitimate.

 

What interest did you claim? I think they are wrong and you could get the £600. Let's have a look at the details before you decide. (I would hate to see C1 rob you of £600 )

[DOBBYDOG]

Hi Steven,

 

It may be me that cocked up !

 

I claimed everything that was worked out on the advanced spreadsheet.

 

Charges...........£1,406

Interest...........£337.71

 

Court stage

 

Charges............£1,406 ( are paying)

Interest............£337.71 (are paying)

8% on charges...£566.75 (they say i have calculated this wrong and should be £213.87)

8% on interest on charges £127.48 ( they say i cannot claim this )

Maybe this is where i went wrong.

 

Anyway total of £2522.94 inc court cost of £85

Offer £2042.58 inc court cost of £85 a shortfall of £480.36 (not £600 i got that wrong )

 

Thanks

Edited May 31, 2008 by DOBBYDOG

[steven4064]

Comments:

Charges............£1,406 ( are paying) Good

Interest............£337.71 (are paying) Good

8% on charges...£566.75 (they say i have calculated this wrong and should be £213.87) Without seeing your spreadsheet I can't comment on this

8% on interest on charges £127.48 ( they say i cannot claim this ) Absolute rubbish! Of course you can claim this. They are lucky you are only claiming 8% simple - I got 18.9% compound from Goldfish!

 

Anyway total of £2522.94

Offer £2042.58 a shortfall of £480.36 (not £600 i got that wrong )

They may well be right about the miscalculation of the 8% interest - I can't say without seeing your spreadsheet. I could look at it if you wish although Cap1 may well be right (a rule of thumb would indicate that the average age of the charges based on this figure was 3 years - which is about right for a claim over 6 years - my gut feel is that Cap 1 are right).

 

I guess the £127 may be wrong also for the same reasons. If it is wrong, I suppose it would really be about £60 based on the above.

 

Your call. It's a great result whatever and you deserve it

Edited May 31, 2008 by steven4064

[DOBBYDOG]

Hiya

 

Yeh i see what you mean, if the 8% is wrong then the other will be also. I always felt when i was doing it that something wasn't quite right with the 8%. Dont know why it just seemed too much.

 

Anyway, like you say its a good result (and the charges were way past 6 years ago) and i dont think ive got the energy to fight it any further and could really do with closure on it. Anyway they are money out of pocket now and a good victory for me

 

GAG def deserves a thankyou from me so i WILL be donating to the site when it comes through.

 

Thanks all x

 

Steven what do you thing to my earlier post re- the DCA who own the outstanding balance and the fact i dont want Cap 1 dealing with them as i want to use the DAC s pathetic excuse for a CCA To my advantage.

 

Thanks again.

[steven4064]

Which post is that?

 

(ps I will change title to a well deserved WON )

[DOBBYDOG]

Post 30

x

[caro]

Congratulations Dobby. I knew things could only get better for you.

[sea-sidelady]

That is fantastic, WELL DONE

[steven4064]

Post 30

x

Sorry, missed that

 

In your accetance you could stipulate you want the whole lot as a cheque for the reasons you quote. You could tell them - no cheque, no deal

[slick132]

Hi DobbyDog - well done with your win.

 

Great result

[zootscoot]

Excellent news

 

Well done!

[ukaviator]

Well done. . . Great result...

[Bookworm]

I'm 20 days behind you, Dobby, so by my reckoning, I should get pay-out by 20th June or so!

 

[DOBBYDOG]

Thanks everyone

 

Its purely down to this site and i only came across it by accident when i googled the words Stautory Demand !!!

I wonder how many thousands of people are out there that dont actually know they can do this

 

Thanks again.

 

Bookworm, good luck with the claim, but i think you know better than i do you wont need it;)

[callumsgran]

Congrats Dobby, glad things are looking up for you

Edited June 4, 2008 by callumsgran
typo

[catherinebear]

Hi there

 

Congratulations have just read all your thread. When you do the particulars of claim do you fill in on the Form N1 and then attached the typed Particulars. Also I am still confused can I claim interest on the charges together with interest on the retail interest they have been charging, dont understand how you have charged some interest and then some more. Would appreciate any help please as just starting this one although we won £13000 through this site from Abbey. Well done to you and all the other people who make this site the good thing it is.

CatherineBear

x

[slick132]

Hi CB,

 

I'll respond on your Cap One thread to avoid hijacking Dobby's thread.

[DOBBYDOG]

Hi all, just received a cheque today but not for the full amount. They have obviously given the DCA the rest, after me asking them not to. When i received the letter saying they were going to pay but would pay any outstanding balance first i wrote to them and asked them not to do this as i was dealing with the DCA direct and in actual fact the account is in dispute with them. Also i told them i would not discontinue the claim if they did this but they have.

 

Any ideas ?

Thanks all.

[steven4064]

Did you discontinue the claim?

[DOBBYDOG]

No Steve i did'nt. Have not been in touch with the court as yet.