Bettyboop v Capitol One - **WON**

[Bettyboop]

What is it with me and statements? Capitol One is another I have been chasing for a long time and have finally decided to go ahead with court claim - have sent all the other letters - DPA, Prelim Request, LBA. Still haven't all the statements (not for the lack of trying - and they are getting very trying!). Received 45 months worth of statements out of a possible 72 - so 27 statements missing.

 

Received an offer from them of £374 which I did not accept.

 

Need advice to ensure I am now doing the right thing -

 

Added up all the statements I received (on the spreadsheet in the templates library). Amounted to £840. Interest at 8% added another £193 roughly. I then estimated the missing statements (based on the ones I received) at £420. Have included these calculations in my schedule of charges. Am I okay to go ahead with my claim this way (and adjust if I do ever receive my missing statements). The interest and estimated statements seem to make it a lot - should I be adding interest for credit card statements?

 

Advice would be much appreciated before I fill in the claim form, and also any tips concerning filling it in (the Northern Ireland route).

 

Thanks in anticipation of a reply

Bettyboop

[lickthewallfatboy]

Hi Betty

as long as you clearly set out which are estimated in any schedule,you should be ok.I believe that you can amend your claim accordingly if the need arises.

 

this is the wording I used on the claim form-

 

Claim Description

1. The Claimant has had an account ("the Account") with the Defendant which was opened on or

around (year)

2. During the period in which the Account has been operating the Defendant debited numerous

charges to the Account in respect of purported breaches of contract on the part of the Claimant and

also charged interest on the charges once applied. The Claimant understands that the Defendant

contends that the charges were debited in accordance with the terms of the contract between itself

and the Claimant.

3. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost

incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any

breaches of contract on the part of the Claimant; and are not intended to represent or related to any

alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in

respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by

virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract

Terms Act 1977 and the common law.

 

4. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £x and any interest

charged thereon;

b) a declaration from this honourable court that the term of the contract leading to the application of

the charges is unenforceable;

c) Court costs;

d) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at

such rate and for such periods as the court deems just.

[lickthewallfatboy]

forgot to mention-I think your claim will attract a fee of £62(recoverable of course)

[Bettyboop]

LTWFB

 

THANKS!! I really wouldn't have known where to start with all that. Dreaded going online to start the claim but with your help as above, am now going to do it first thing in morning (off work this week).

 

Very very much appreciated.

 

Bettyboop

[lickthewallfatboy]

it's a bit long winded,but it seems to do the trick!!I guarantee you Crapital One will settle before court.

[Bettyboop]

Am starting to think I am jinxed! have been battling with the NI Court Service website all day (won't accept my address when I go to fill in the small claim form. Rang them and apparently there may be a problem with the server/a glitch. Will try again tomorrow.

 

Had a phone call from Cap One. More or less the standard letter is on the way to me because I didn't accept the offer of £374, their fees are correct etc. I hope the fact I turned down the offer doesn't go against me if it goes to court.

 

Will try court service website again later on.

 

Ho hum!!!

[lickthewallfatboy]

Had a phone call from Cap One. More or less the standard letter is on the way to me because I didn't accept the offer of £374, their fees are correct etc. I hope the fact I turned down the offer doesn't go against me if it goes to court.

 

 

Betty -it won't go against you and it won't go to court.Keep the chin up-you'll get your dosh!!

 

everyone is getting that stupid letter-it's all your money-not theirs!

[Bettyboop]

Thanks LTWFB. Hopefully will have more luck with the court website later on or tomorrow and will finally get the claim done. Ive been paying this Capitol One card for years, and it never seems to go down (I struggled to keep paying it and the charges just seem to have made it go up and up -would love to get rid of it once and for all). I don't actually use the card anymore and haven't for a long time. Think Ive probably repaid them ten times over.

 

Thanks again for all your help

 

Bettyboop

[Bettyboop]

Forgot to say in my last post. The guy I was speaking to from Cap One today said all the usual that will be in the letter posted to me (their charges are fair etc etc), but he also said Cap One are holding talks with the OFT at the moment. Anyone else been told this one? Apparently I should have the letter tomorrow or Saturday.

[Bettyboop]

Finally did it!! Claim submitted today for £1095.23. Did not include estimates for missing statements as I was not confident enough to go with that - will leave it for a future date when they are received.

 

Big thanks to Lickthewallfatboy for all the help re filling in claim form. Sorry for being such a pain and numpty!

 

Feel better already.

 

Bettyboop

[lickthewallfatboy]

You're building up a tidy little sum of money there Betty...

[Bettyboop]

Have received the letter from Court Service regarding service in England/Wales (I'm in Northern Ireland)and giving me the option of whether or not to proceed in this jurisdiction - find it a bit confusing. Any help or advice would be appreciated?

 

LTWFB - if you see this - can you let me know which is the best option (as I think I remember you have already mentioned this before, but I can't find the thread)?

 

Cheers

 

 

Bettyboop

[lickthewallfatboy]

Betty

proceed in this jurisdiction-it just slows things down a bit to get the papers served in England.Sign the letter and return to the court office.

[Bettyboop]

LTWFB

 

Thanks for replying so quickly - very much appreciated.

 

Will do that.

 

Betty

[Bettyboop]

Have just been checking progress of case online and noticed a Return Date of

4 October has been added. Is this the date by which Cap One have to reply?

 

If it is, do they normally wait right up until then and then submit a reply (and then I have to wait on a court date). Just trying to get it clear in my head! Any advice appreciated.

 

Bettyboop

[lickthewallfatboy]

Have just been checking progress of case online and noticed a Return Date of

4 October has been added. Is this the date by which Cap One have to reply?

 

If it is, do they normally wait right up until then and then submit a reply (and then I have to wait on a court date). Just trying to get it clear in my head! Any advice appreciated.

 

Bettyboop

 

yes it is,and if they stick to the current script that they have used up to now,you will have your money long before the return date!!

[Bettyboop]

Thanks LTWFB

 

Heres hoping!

[Bettyboop]

Still waiting ....................................

[Bettyboop]

Just got home from work and a letter from Capitol One was waiting for me offering full and final settlement of my claim - grand total £1095.23. Im just so happy. This has been hanging over my head like a cloud for years and thanks to this forum and all the people on it who have helped me, I can finally get rid of Capitol One (never to be used again- Ive well and truly learned my lesson with credit cards). So a BIG BIG thank you to everyone who has helped me and encouraged me when I felt like giving up. £1095.23 amost clears the account (yes it was that big!) and I'll clear the rest come payday and am more than happy to make a donation to this site. Thanks again to all the Mods and Users. Has made my day (even year). On with the rest of them now (Lloyds, Ulster Bank,Nationwide TSB). Thanks again every. Bettyboop

:grin: :grin: :D :D

[lickthewallfatboy]

excellent result

 

told you you would get your money all back!!

[big aid]

congratulations betty, bob udy isn't such a bad edited after all

 

well done, and keep going now while confidence is high

[Bettyboop]

Thanks Aid

Funny thing is, the day after I got the offer, my missing statements arrived from Capitol One (coincidence?). Come to £132, and I am actually going to write to them and just ask them to refund it without me doing the letters, court claim, interest etc. Of course,if they don't, then off we go again........

 

Is it possible they held them back on purpose? Tut tut Mr Udy.

[Bean]

:grin: Congratulations Bettyboop!!!:grin:

 

You are right to ask them for the further £132 by phone and can say that if they don't play ball you guarantee to follow the same process that you have just been through to recover the £1095.

[Chrissielr]

Congratulations!!

 

I've just received my offer of full settlemtn. Do you think it'd be cheeky to insist that they pay me the full settlement by cheque rather than into my account? Can't see if they've done this for anyone yet?

[Bettyboop]

Hi Chrissier

 

Thanks - congratulations to you too - well done!

 

I was happy to have the refund back to the account (almost cleared it for me and I wanted to get rid of it). I think I read something about this on here before about asking for a cheque rather than paying into the account, but only thing is, if it is paid into the account, it could save you a lot of interest and more fees in the future? Just a thought. Maybe someone else knows the position with this and could let you know.

 

Well done again

Best wishes

Bettyboop