ajs444 v Cap. one ** WON - They Cave In Just Before The Hearing **

[ajs444]

So letter this morning saying they are putting up interest rates, how can they do this when rates at lowest possible level?????

Time to hit back with a charges claim.

[ajs444]

Well have had Credit Card with this lot since April 1997, thought it was time to get started, so I SAR'd them.

I must say I got a swift reply with a load of info supplied, couldn't really fault them.

On dissecting said info I saw the original agreement was an Application Form (Clearly Headed) with a balance transfer on the base of the card, no limit on form and T&C's on 16 lines in middle advising it was CCA covered by 1974 act, form signed by me and someone from their company, also noticed PPI box not ticked.

On going through statements supplied by Capone, they only start back in October 1999 and are only showing account activity after September 2001.

I then noticed I have paid PPI at least from October 2001 (probably before) up to April 2006 (when I told them to RAM it)

Charges from October 2001 to now amount to £1050 not including interest nor PPI, but I am missing the first 4 years.

I am not in default, payments up to date, can I claim charges back to start of card?

Whet interest rate do I add to PPI payments once I find out how much I have paid them?

[maroondevo52]

Hi,

 

Yes, try claim the charges from as far back as possible.

 

Regarding the PPI, you'll have to have a look in the PPI forum, I've not got a scooby.

 

Regards.

 

Scott.

[ajs444]

Hi maroondevo, thanks for your feedback, I see someone else on the PPI forum has ben busy working the figures out for PPI in relation to Capone.

Will have to compose a letter to deal with all queeries, will keep you all posted.

Edited March 15, 2010 by ajs444

[ajs444]

Have asked Capone for details of PPI, when it was applied and why?

Asked for statements back to start of card, and have given them total so far which is over £1000, and said I want all charges back with interest at the contractual rate.

[maroondevo52]

Let us know how you get on.

[workaholic duck]

In post #1 you described your 'application form' and it sounds exactly like the one I got. (I've been searching the site for another the same - everyone else's seemed to be different). Except in the middle, the T&C's mine refers to 'I have read the T&C's overleaf setting out the agreement with Cap1.....' They sent me a 5 page typed copy saying that was on the back. A bit sceptical about how it would fit. Must have been microscopic.

Just wondering if yours has the same ref?

Oh, I claimed back PPI from them through FOS. Took 18 months but I won with 8% interest. It was on a loan, not CC.

[Dotty50]

AJS, sorry just to let you know I haven't forgotten you need some help with PPI calculation, will get on to it asap, unless someone else beats me to it!

[Craigbadger]

In post #1 you described your 'application form' and it sounds exactly like the one I got. (I've been searching the site for another the same - everyone else's seemed to be different). Except in the middle, the T&C's mine refers to 'I have read the T&C's overleaf setting out the agreement with Cap1.....' They sent me a 5 page typed copy saying that was on the back. A bit sceptical about how it would fit. Must have been microscopic.

Just wondering if yours has the same ref?

Oh, I claimed back PPI from them through FOS. Took 18 months but I won with 8% interest. It was on a loan, not CC.

Can you post a scan?, does it refer to "section 23"?

[craigers]

Given the length of time you have had the card, I think you may be better claiming the statutory 8% interest a court/the fos would award. Claiming contractual interest, you would have to work out when the charge was paid off by yourself, then calculate the amount of interest to that date. With the statutory 8% potentially going back 10 or 11 years (if you had any charges in 99/00), the amount of interest would probably be higher than the contractual interest you may have been paying for say, 2 or three years.

 

For example, in my claim I'm about to put in, if I claim contractual interest then I would claim £160 odd in interest. But if I claim statutory 8% I would claim £425!

 

Does that make sense?

[ajs444]

I would have thoght contractual interest would have been a lot higher than 8% e.g. 20% or am I on the wrong track here?

Thanks Dotty, no rush.

[craigers]

yes it is, but you can claim the statutory 8% from the time of the charge until present day. claiming contractual interest you could only claim for the period it took you to pay off the charge. if you read your T&Cs for the card, I'm sure it will say that payments will go to clear charges (overlimit, late payment, etc) before purchases etc. so effectively you could pay off the charge within a month of it being incurred, in which case the contractual interest on the charge will be next to nothing if not nothing. but if you claim the statutory 8% it doesn't matter when the charge was paid off, because the 8% stands from the charge being incurred. given your good record of payments i would say 8% is probably more benificial to you.

 

i suppose you could claim contractual and statutory interest but i doubt you'd get it given the courts and fos go for the 8% as a rule of thumb.

[Dotty50]

Hi AJS,

 

I have posted on my thread how I calculated the figures. I do not guarantee that I have done it right, however!

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/241878-ppi-claim-capital-1-a.html

 

I have not seen anywhere on here that it is better to go for statutory 8% instead of the CI but others may come along and advise differently and if you don't ask, you don't get IMO.

 

If you look out for Pompeyfaith threads, I understand they are one of the experts on here regarding this.

 

You will need to do SAR to get a copy of your statements, unless you have them already.

[ajs444]

Anyway have got PPI charges back plus interest, with no admission of liability from Crapone, they say it was sold via phone call in May 2001 and all bases were covered. This is unusual as I was self employed then, having just been prematurely retired on medical grounds, hardly an ideal candidate.

The refund has been put on my account, so now on to the charges side as they are only prepared to refund £118 which is about £900 short.

The application form they have sent complies with what they have to provide and a made up version complies, obviously since the Manchester case. They also say the application form had all T&C's on the rear and a further copy was sent out with original card, agree it must have been in very tiny writing. Will keep you up to date with any further developments.

[Dotty50]

You seemed to have managed that very quickly AJS, what interest did you claim in the end?

 

With mine, they have refused PPI refund and I have written back to appeal but not replied to me.

 

But with charges, they increased their offer from around £40 to £440, I think they have included 8% but I have written back asking for clarification.

[ajs444]

They came back with the figure of £440 which included interest, I don't know at what rate, but it seemed like a decent offer so I accepted that. As I say the main thing is charges which I think will be more difficult to achieve, but card is not in default and I know the agreement is sh**e, so may be some leverage I can use.

[Dotty50]

Why should the charges be more difficult?

 

It's the PPI that is proving more of a problem for me!

 

No rules seem to apply, not surprising really.

[ajs444]

Going after Cap One for default charges plus contractual interest, have been boosted by my inroads into Barclaycard.

 

Capone still say I can only go back 6 years due to "statute of limitations"

 

We'll see about that!

[ajs444]

Well sat down this afternoon and did the spreadsheets, with contractual interest at 29.9%.

 

From October 2001 to date they have charged me £1160 in penalties, with interest this comes to £6048.95 ???????????????

 

From June 2005 to date they have charged me £580 in penalties, with interest this comes to £1328.29.

 

Looking for advice on which one I should go for, the second seems a more realistic a target.

[havinastella]

Well sat down this afternoon and did the spreadsheets, with contractual interest at 29.9%.

 

From October 2001 to date they have charged me £1160 in penalties, with interest this comes to £6048.95 ???????????????

 

From June 2005 to date they have charged me £580 in penalties, with interest this comes to £1328.29.

 

Looking for advice on which one I should go for, the second seems a more realistic a target.

 

 

Go for the Big One!

 

Jogs

[havinastella]

You are claiming under s32(1)© Limitations Act 1980

 

 

It blows their 6 year nonsense out of the water

[ajs444]

Well got reply back from Crapone and they say they are only going back 6 years, in light of Still Survivings defeat that will have to be it just now.

Have gone back 6 years and have added interest in restitution and put it on an LBA.

Total now being claimed £1360.08, which just about clears the balance.

[ajs444]

I am shortly going to be taking Capital One to court for Credit Card charges going back 6 years, with a further 4 years lying in abeyance.

With restitutional interest, the claim totals over £6000, which I believe is more than small claim limit.

 

Any advice and guidance would be greatly appreciated.

 

I am slightly worried due to a recent court rejection for more than 6 years reclaim of charges.

LBA for first 6 years has already been sent, no acknowledgement from Crapone yet.

[bluedogx]

Hi

 

£6000 will be an ordinary cause action. You will have to be careful as costs can be huge. And I mean huge.

 

http://www.scotcourts.gov.uk/library/rules/ordinarycause/forms.asp

 

B

[ims21]

Hi there

 

Given the potential costs thing, is it worth playing with the interest rates you are using to bring the claim amount down? I know we like to get as much as we can but I am thinking in terms of balancing the potential costs against the reduction in claim amount.

 

Just a thought.

 

Regards

 

ims