Tanzarelli v Cap One... £ + default **WON**

[bill-k]

Yes, it is a bit lonely here, innit, Tanz ? I got your link to here, but I'm afraid this is unfamiliar territory to me. I actually had thought that bad credit record removal claims were made entirely separately from penalty charge claims. I would have preferred to do that, myself, just to avoid complication. I'll post a link to here for a couple of the others to see if they can come across and help you.

 

I hope that will help.

 

Hang on...

[bill-k]

Have a Banana.

 

Thanks - don't mind if I do !!

 

Cheers for the banana-click, Tanz. I just wish I could be more helpful. Maybe one of the others will turn up later, when they get back on.

[bill-k]

Thanks Sarah & Willow.

 

I hope that was useful for you, Tanz.

 

Willow points out that you don't appear to have claimed contractual interest. I should be able to help you with that, at least !!

 

Let me know if you need any.

 

Bill.

[bill-k]

Thanks for your help here, guys !!

 

And Jonni2B - special thanks for the visit. Experience comes at a price - and yours is premium quality stuff. It's a cr@p job, but somebody went and did it.

 

Many, many thanks.

[bill-k]

I worked out my contractual interest for each month:-

Monthly Interest found on statements say monthly interest of 1.530% X 12= 18.36%

Using Vampires spreadsheet for working out the days I then multiplied the charges by the interest (18.36%) divided it by 365 the multiply by the number of days. In my case I was able to change Vampires Spreadsheet with the extra calculations. Each month I changed the interest according to the statement.

I do hope that I have made this clear for you, if you need any help please shout.

DS

DS - that is NOT strictly contractual interest. Contractual interest has to be compounded when you calculate it. You are calculating simple interest based on the monthly contractual rate, so this is technically neither contractual nor statutory. As such, it is in danger of being completely thrown out by the court. If that is what you really want to do do, then that is up to you. But I'm not sure that it is a good idea to suggest that everybody else does that. At best, your method gets you less than you are entitled to claim. At worst, it could get you NO interest at all.

 

Please, please, carefully consider claiming contractual interest fully, or not at all !!!

 

Bill.

[bill-k]

Bill, why does contractual have to be compounded? I know that 'compounding' is the method that banks use in applying the interest and therefore for the sense of mutuality in contract this should be the method we use. BUT why would a Judge throw out a claim if the interest was not compounded but simple?

 

Am I not understanding something? Lord knows I've read enough!!! but I am prone to things skimming my head and fluttering in the corner of the room with a smug look on its' face:mad: lol

 

Wxxx

Willow, Glenn has made one or two stentorian pronouncements on this, and I believe his basis is that for the interest to be contractual, it has to be applied in the same way as the other party(s) to the contract apply it. If we were to pluck random rates, or random methods of calculation out of the air, then it just doesn't sit right when presented to the judge. In a good mood, he'll probably wave it through, but knowing our luck he'd have had a row with his trubble 'n' strife that morning and chuck it out on technicality.

 

Even if we're claiming less than we would if it was compounded, the bank may still decide to argue the point, knowing that it's too late to alter it to a higher rate. We can't expect any leeway from them, just because we're being nice guys - it's the judge we want to please. I think if we are going to claim less than the contractually calculated amount, it is much safer to drop down to authorised rate (compounded), which is still contractual. I see it as being technically correct, and therefore less vulnerable to argument.

 

As I think you know, though, I prefer going for the max, but with alternatives.

 

HTH matey,

 

Catchulater,

 

Bill.

[bill-k]

Hi Bill

I take on board what you have said, I have called it simple interest on my spread sheet. Thanks though for pointing that I out.

 

Thanks for listening, DS !! As long as it's on board, then I feel I've done my duty. In the end we must all do what we feel comfortable with.

 

Bill.

[bill-k]

Thank you for clearing that up Bill;)

Wxxx

Thanks for helping me, Willow !!

[bill-k]

Bish bosh bang.

 

'Nuff said. Yeah, do it.

[bill-k]

 

Wxxx

 

Nice post Willow, but I suspect Tanz wants more from you than he got back there !!

 

Does he get the goods - or a slapped moosh ?

[bill-k]

Good news, Tanz.

 

Well done, and all the best with it, mate !

[bill-k]

Cheers, guys - all credit to Chezt. She found him for me.

 

Glad you like him !

[bill-k]

A job well done, Tanz !!

 

Just a matter of picking up your pay-check, now !!

[bill-k]

Sorry, Tanz- can't help on the default removal fee. Maybe Willowb can.

[bill-k]

Well here it is, at long last.

 

Claim Number 6WR03176

Charges £820.00

Interest £133.92

Court fee £80.00

Total £1033.92

Daily Rate £0.16

Default Removal

 

Issued on 19th December 2006

Sent to Defendant 1st Class on 28th December (why it took that long i'll never know)

Deemed Served 30th December 2006

Defendant now has until 15th December 2007 to acknowledge

 

Tanz

Well done, Tanz !! The delay was probably due to court closure over Christmas. Acknowledgement due 15th January, I take it !!

Something to look forward to in the New year !!

 

All the best with it, mate.

 

Bill.

[bill-k]

I got their own in-house sol:-

 

Wendy Starr

Cap One Legal Dept

Loxley House

Station St

Nottingham

NG2 3HX

[bill-k]

LOL - they probably jobshare !!

[bill-k]

Thanks, Tanz. Duly subscribed & enjoying "the sequel" !!!

[bill-k]

MysterE - Hi to you. Although I see you've only just joined, you seem to have read up and got things well and truly under way. Well done, and all the best with your claim.

 

I just happened to notice you have managed to get copies of tele-cons with them, under the DPA. I never thought of asking for those (and I have 3 SAR's on the go) - as I never thought that they would supply them. Did you ask specifically for yours - and are they on CD or tape ?

 

Be interested to know.

 

Cheers,

 

Bill.

[bill-k]

Cheers, Tanz - I missed that. I'm still thrashing it out with them for more data, and have just sent another coupla snotties. I'll send a couple of follow-ups to them, then. Thanks.

[bill-k]

No probs,

 

Is that you and the misses enjoying the festivities last night in your avatar?

 

lol

 

Tanz

'Tis indeed. Chezt sent it to me (funny I can't remember her being there, though !!) - she sent me a coupla gorilla hangover pics, too, but they were a bit too ugly for avatars !!! :o

[bill-k]

Nice one, you must of been that p***** you forgot the Paps were out taking pictures, perhaps they were working for the banks?

:D

Dammit - you're right. I should have put a diguise on !!

[bill-k]

Yeah, I had me beer glasses on, so I guess that's why I'm still smiling !

[bill-k]

Just sent LBA to Barclaycard for non-compliance.

 

Also reminder and info of what I expect from Pete Townsend at Barclays re my S.A.R - (Subject Access Request). Both went recorded delivery today.

 

Also going to ring up Barclaycard to tell them whats coming. Just to rub it in a bit.

 

Tanz

Yeah, good, Tanz. I will watch your non-compliance closely, as I feel I may have that coming up for me, soon, as well. Good stuff, mate.

[bill-k]

Nice result, DS - and very good of you to share it here !! That's the best part of a grand to spend i nthe January sales !!!

 

Well done.