Cap1 PENALTY charges + Default Claim **WON** and Default Removed !!!

[drob]

Depends on how much your claiming back from them, sorry should have XX'd out the amount :-D

 

S.

 

 

I am claiming

 

£212.00 charges + £46.29 Interest under section 69 of the County Court Act 1984 at a rate of 8% per annum.

 

So my total claim is £258.29. I thought that if your claim was under £300 the court fee is only £30

 

 

My other problem on the claim is calculating the daily rate which i can claim until judgement.

 

The daily rate is worked out by Total Charges x 0.00022 is this correct?? So £212.00 x 0.00022 = 0.04664 therefore on my N1 claim i can claim a daily rate of 0.4664 until judgement or sooner payment.

 

Have i got that right??? Im going to submit my N1 tomorrow so i want to get this right.

Edited August 3, 2009 by drob

[the_shadow]

I am claiming

 

£212.00 charges + £46.29 Interest under section 69 of the County Court Act 1984 at a rate of 8% per annum.

 

So my total claim is £258.29. I thought that if your claim was under £300 the court fee is only £30

 

That what I was getting at, my fee was more as I was claiming more I cut & paste from my forms for you.

 

I make it 0.06p per day as s69 interest... (0.5666 upped )

 

Total+Interest x 8%/365 is the formulae I believe although I think the compound spreadsheet from this site works it all out for you and tells you the daily s69 interest amount anyway.

 

S.

[drob]

So on my N1 i will put the following information. Is this correct?

 

(2) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of payment of the Charge to date, in the sum of £46.29. and at the daily rate of 0.06p until judgment or sooner payment.

[the_shadow]

So on my N1 i will put the following information. Is this correct?

 

(2) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of payment of the Charge to date, in the sum of £46.29. and at the daily rate of 0.06p until judgment or sooner payment.

 

Yep looks good to me

 

S.

[drob]

Just reading through the POC for Capital One

http://www.consumerforums.com/resources/templates-library/48-bank-templates/120-zootscoot

 

And under the regulations it quotes......

 

(4) Accordingly the Charges were a disproportionate charge incurred by the Claimant for their failure to meet their contractual obligation and thus within the ambit of Schedule 2 (1) (e) of the Regulations and indicative of an unfair term.

 

Now as i understand it Schedule 2 is your Schedule of charges and i cant work out what the statement is referring to!!!

[the_shadow]

Just reading through the POC for Capital One

http://www.consumerforums.com/resources/templates-library/48-bank-templates/120-zootscoot

 

And under the regulations it quotes......

 

(4) Accordingly the Charges were a disproportionate charge incurred by the Claimant for their failure to meet their contractual obligation and thus within the ambit of Schedule 2 (1) (e) of the Regulations and indicative of an unfair term.

 

Now as i understand it Schedule 2 is your Schedule of charges and i cant work out what the statement is referring to!!!

 

I think its referring to section 2(1) e of the Unfair terms in contracts regulations.

 

S.

[drob]

A big thank you to Mr Lex and The Shadow ....... off the the Court Office tomorrow morning.

[drob]

**Update**

 

I have received an acknowledgement from the court today informing me that the defendant intends to defend all the claim.

 

In the same post I have received a letter from Capital One.

 

Dear drob

Whilst we do not accept liability for your claim, I have in an effort to resolve this matter without the need for a court hearing, refunded your full claimed amount of £xxx.xx These refunds have cleared your balance on your account and i have arranged to send you a cheque for the remaining amount of £xxx.xx, which you should receive in 21 working days.

These refunds are made purely as a gesture of goodwill and we will now defend this claim on the basis that we have refunded your claim in full.

In this instance. I have also requested the removal of the default from your credit file as requested.

I hope i have explained things clearly for you and we can move on from here. I would finally request that you contact the court to confirm the settlement and discontinue your claim.

Should I contact the court or actualy wait until I have received the cheque??

 

Should I also wait for written proof of the default being removed??

[the_shadow]

**Update**

 

I have received an acknowledgement from the court today informing me that the defendant intends to defend all the claim.

 

In the same post I have received a letter from Capital One.

 

Dear drob

 

Whilst we do not accept liability for your claim, I have in an effort to resolve this matter without the need for a court hearing, refunded your full claimed amount of £xxx.xx These refunds have cleared your balance on your account and i have arranged to send you a cheque for the remaining amount of £xxx.xx, which you should receive in 21 working days.

 

These refunds are made purely as a gesture of goodwill and we will now defend this claim on the basis that we have refunded your claim in full.

 

In this instance. I have also requested the removal of the default from your credit file as requested.

 

I hope i have explained things clearly for you and we can move on from here. I would finally request that you contact the court to confirm the settlement and discontinue your claim.

 

Should I contact the court or actualy wait until I have received the cheque??

 

Should I also wait for written proof of the default being removed??

 

Well done drob

 

Good that they didnt argue about the default too ;-) Need to monitor your online access and check they zero the balance, then just wait for the cheque. Forgot to say, normally takes them about 7-14 days to do the CRA stuff so you might want to wait, you should still have time before the AQ is due to file the discontinuance even allowing for these 7-14 days. And yes I WOULD ensure they have removed it before discontinuing.

 

To discontinue you'll need to fill in form N279 and send to the court AND the defendant.

 

S.

Edited August 13, 2009 by the_shadow
added the "forgot to say.... bit"

[drob]

Im going to send the following to clarify my postion....... what do you think??

 

 

Dear Sir / Madam

 

I am writing in response to your letter dated 11th August 2009

 

Please note that I will only inform the County Court of the settlement and discontinue my claim once I have received your cheque of £xxx.xx and have received confirmation that you have removed the default with the credit reference agencies

[the_shadow]

I could be wrong but as they are repaying your claim in full there is potential here for a wasted costs application also I believe? Others more knowledgeable can answer that if your interested.

 

In any event Yep, letter looks fine.

 

S.

[drob]

I could be wrong but as they are repaying your claim in full there is potential here for a wasted costs application also I believe? Others more knowledgeable can answer that if your interested.

 

In any event Yep, letter looks fine.

 

S.

 

 

Before the court claim Cap1 have refused on several occasions to repay the charges and remove the default.

 

Cap 1 did not acknowledge my preliminary approach or my letter before action so a court claim was my only option. I would be surprised is a wasted cost application was issued!

[the_shadow]

Before the court claim Cap1 have refused on several occasions to repay the charges and remove the default.

 

Cap 1 did not acknowledge my preliminary approach or my letter before action so a court claim was my only option. I would be surprised is a wasted cost application was issued!

 

 

:-D :-D

 

I mean you to claim wasted costs precisely because of the above :-D

 

S.

[drob]

Before the court claim Cap1 have refused on several occasions to repay the charges and remove the default.

 

Cap 1 did not acknowledge my preliminary approach or my letter before action so a court claim was my only option. I would be surprised is a wasted cost application was issued!

 

Sorry Shadow i got the wrong end of the stick.. I as the claiment can make an approach to the County Court for wasted costs against the Defendant

 

Wasted Costs - Consumer Wiki

[drob]

I also enclose a list of all cases of which I am aware in which XXthe bankXX was the Defendant. Every one of these cases was settled in full before a hearing despite a defence being entered by the Defendant

How am I going to provide this Information??

[drob]

I have recently issued a Court Order for unfair charges and removal of default,

 

The Defendant (Cap1) has filed an Acknowledgment of service indicating an intention to defend the claim.

 

On the same day as receiving the Acknowledgement I received a letter from Cap1 ............

 

Dear drob

 

Whilst we do not accept liability for your claim, I have in an effort to resolve this matter without the need for a court hearing, refunded your full claimed amount of £xxx.xx These refunds have cleared your balance on your account and i have arranged to send you a cheque for the remaining amount of £xxx.xx, which you should receive in 21 working days.

 

These refunds are made purely as a gesture of goodwill and we will now defend this claim on the basis that we have refunded your claim in full.

 

In this instance. I have also requested the removal of the default from your credit file as requested.

 

I hope i have explained things clearly for you and we can move on from here. I would finally request that you contact the court to confirm the settlement and discontinue your claim.

 

From the above response I believe that Cap1 had no intention to defend the claim. So i want to go for "Wasted Costs Order"

 

To help with my claim i need to enclose a list of all cases of which I am aware in which XXthe bankXX was the Defendant. Every one of these cases was settled in full before a hearing despite a defence being entered by the Defendant

Can anyone advise how to get the information?

 

[supasnooper]

hi there,

 

Why not suggest to Cap1 that you have costs which you have borne and would they like to pay them as part of the settlement ?

[Mr lex]

Hi Drob,

 

Very well done !!

 

A Wasted costs order is at the discretion of the court. I think you would have had a better chance of being awarded this if Cap1 had offered a defence and then pulled out. Never the less it's worth a try.

 

You can rewrite this letter to the court, the second one down :-

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/143-wasted-costs-order-

 

Please bear with me while I look up some case histories for you to quote.

 

As the shadow has said, don't send this letter until you have your money and the default is removed completely and NOT just marked as 'Satisfied'

 

Lex

[Mr lex]

OK, found it,

 

You can quote the case's on here :-

 

http://www.consumeractiongroup.co.uk/forum/capital-one/32601-successful-claims.html

 

You just need to use the case number and the amount refunded.

 

Hope that helps Drob, let me know when you have your money and I'll give you a nice **Won** badge !!!

 

Well played

 

Lex

[drob]

Brilliant .............. thanks Mr Lex.

[AndyOrch]

If this was a SCT case :-

 

The disadvantage with having your claim allocated to the small claims track is that generally neither party can recover their costs of the action.

The only exception to the “no costs” rule is if you can show that the other party behaved unreasonably, perhaps by trying to defend his actions when there were absolutely no grounds for doing so..

 

So the way forward is a Snooper states try to build your costs into the settlement as a wasted costs order will not be entertained if Small Claims Track.

 

Regards

 

Andy

[the_shadow]

The claim hasnt been allocated yet... the defendant has filed a defence and an AQ but the claimant hasnt filed an AQ yet.

 

I know its a certainty that it would be a SC case but add the fact that there appears to be a wide useage from capital one of defending, paying in full and then seeking discontinuance from the claimant surely that plays into the hands of a wasted costs order on the grounds that the defendant never really defends an action and has no basis for a defence.

 

Apologies if I've got the wrong end of the stick here..

 

S.

[AndyOrch]

Fair comment Shad, I was just pointing out the scenario if allocated to SCT,which it may well be if the Defendent does complete their AQ,hence the need to follow Supers advise re settlement inclusion of wasted costs.

 

Regards

 

Andy

[drob]

OK, found it,

 

You can quote the case's on here :-

 

http://www.consumeractiongroup.co.uk/forum/capital-one/32601-successful-claims.html

 

You just need to use the case number and the amount refunded.

 

Hope that helps Drob, let me know when you have your money and I'll give you a nice **Won** badge !!!

 

Well played

 

Lex

 

 

 

To my surprise and amazement i received my cheque from Capital One this morning. Let's hope they will be as quick removing the default!!!

[Mr lex]

Brilliant !!

 

Well done Drob.

 

I'll give you your won badge and move your thread to Cap1 success's.

Hopefully you will inspire others to after their charges too.

 

Give me a shout when the default has gone and I'll add that to the title !!

 

Great result.

 

Lex