In court with Capital One, advice needed please

[frankey67]

Firstly I apologise as this may be a long post. I have followed advise from the forum to get to this stage but am now in receipt of full facts after sending a SAR request etc. Court hearing date is set for 22nd March.

 

Credit card was taken in 2005 with a 200 pound limit. The copy of the agreement has the PPI box ticked of course (however, I have ticked the do not share my info box and the tick is certainly a different tick to the one against I want PPI!)

 

I stopped paying Capital One in December 2011 initially whilst doing a debt management plan and my balance with them was rising all the time (and I hadn't used the card).

 

They started court proceedings via Bryan Carter who backed out when I sent a defence.

 

I have gone through the SAR in detail and want to give a true picture. When I took the card I was paying by internet banking and always paid far in excess of the min payment, there were a couple of missed payments but the following month I cleared all arrears and more. If I went over the credit limit it was always brought within the following. In total I use£800.00 of purchases between 2005 and Aug 2007 and kept within the credit limit of £200.00.

 

In August 2007 I changed to Direct Debit payments and can honestly say I do not know the reason for this. The first month I changed the balance was 192.00 - just within the credit limit and the min payment was £9.61 - the following month the min pament of £9.61 was duly taken. During this month I did overspend and go over the credit limit and the min payment due the following month was £37.04, however they only took £11.30 by direct debit and charged my an overlimit fee.

 

I never used the card again but carried on paying the direct debit. Each month they have taken far less than the min payment required and charged me an over limit fee. I stopped the direct debit in december 2011.

 

Total purchases on card is less than £800.00

Paid to Cap 1 £2187.00

Charges to account £740.00.

PPi Charges £190.00.

 

When I commenced DD payments in 2011 the balance was 192.00, despite paying the direct debit payments for 4 years and NOT using the card, the balance stood at nearly £500.00 by december 2011.

 

I put a defence into the court claiming all charges, PPI and compound interest which totalled 2600.00. I was offered mediation and 3 weeks ago agreed to it and the date is set for next monday the 11th.

 

However, and this is the bit that is really puzzling me..... I got home last night to a DHL delivered envelope from Capital One, basically saying they acknowledge my dispute is based on PPI (which clearly it isn't) and that I do not dispute that I incurred the debt but just the amount and that they would offer me £300 pound refund to be applied to the account in respect of mis-sold PPI but would charge me £125.00 fixed costs plus £45.00 court costs (It hasn't gone to court till the 22nd). Because I am in default I would still owe them £300.00. Mediation is on Monday so why sent this letter which was dated the day before I received it - they agreed to mediation 2 weeks ago.

 

Went straight down to the CAB this morning - she rang the direct line number on the letter and the 'solicitor' said they would refund the PPI and write off the remaining. Since the balance has risen from 192.00 to over £500 when i haven't used the card but made payments for 4 years then they are refunding their own charges out of my money are they not?

 

How do I proceed? Do I go to court or not?

 

Again so sorry for the length of the post

[havinastella]

How much did you counter claim for? Sorry £2600.

 

I would demand the whole lot.

[havinastella]

AND all markers removed from your Credit file.

[frankey67]

Court then? Oh god.......

[havinastella]

That's what I WOULD do (Have done) with Crapone.

 

You must do whatever you are happy with.

[frankey67]

thank you, I was caving

[ajs444]

Go to Court with them, in my case I was going through a Scottish Court, preliminary hearing my knees were knocking, but I never really had to say very much. The Capital One solicitor, from one of Scotland's most expensive companies, made her representations and the Sheriff told her to submit defence in writing and a further proof hearing set for 6 weeks further on.

 

I was then involved in jousting via e-mail with the solicitor and they settled out of Court the week before the hearing, giving me just about everything I asked for.

 

Don't give up, keep your nerve and they will cave in.

[frankey67]

Thank you for your reply ajs, the replies have given me the determination to go to court if needs be. Hopefully they might offer me something outside of court but I will go if they don't

[caspercat1]

Hi frankey67, did you go to court?

 

I am in the process now waiting for my hearing date and they have lodged a defence so seem to be fighting back