jster v capital one credit card ***WON***

[jster$$$]

Having started my claim with the woolwich i thought what the hell lets give capital one a good going over!!!

 

firstly i don't have a credit card with them anymore and my debt as been passed onto debitas. i now pay a monthly amount to them and they were very cruel in the way they went about it. so in the end i gave in to their demands. (they can be very scary and intimidating)

 

A few questions

 

1 - As i don't have card anymore can i reclaim my charges?

2 - Do i stop paying the monthly installment once i sent my SAR to capital one?

3 - Do i send all letters to capital one and debitas?

 

Thanks for any help i receive

[syrill-sneer]

1. Yes

2. Not sure, it would be benificial to have a read around a few other threads and and try to get other peoples experiences of this situation.

3. I would have thought Capital one, but again try and see what other people in the same situation as you have done.

 

The chances are that these questions have been asked plenty of times in the cap1 forum, but you may have to go spend a while to searching all the relevant threads. Hopefully someone with better knowledge will come along soon and answer your questions fully.

[jster$$$]

thanks syrill-sneer will do.

[jster$$$]

hi all

 

i have finally received my statements back but i have also received a load of pc screen shots of data which means nothing to me. i think it maybe the manual intervention part!!! does anyone think this maybe some sort of tactic to justify the charges???

 

im not sure what to do now. should i carry on with prelim?

 

any help very much appreciated

[pmhcfc]

hi all

 

i have finally received my statements back but i have also received a load of pc screen shots of data which means nothing to me. i think it maybe the manual intervention part!!! does anyone think this maybe some sort of tactic to justify the charges???

 

im not sure what to do now. should i carry on with prelim?

 

any help very much appreciated

 

It's Cap1's usual reply...Sort of how much they owe you and proceed with prelim

[TANZARELLI]

Go for it no point hanging about. lol

[jster$$$]

hello

 

update

 

i haven't received any reply to my prelim. so going to sent lba. i'm starting to confuse myself with all the interests. ithink i'm right in saying i cannot send lba with any kind of interest added to schedule. (i never added any on my prelim)

 

so with that in mind can i start again and add compound interest? or should i just carry on with original claim and add 8% at mcol?

 

any help/opinions gratefully received

 

Jster

[syrill-sneer]

If i were you, (and I was in the same postion as you having sent my prelim without interest) I would send the LBA with an updated schudule of charges inlcuding interest. I would also claim CCI, as it will definately be worth while, just make sure that you use the correct apr.

[jster$$$]

Thanks SS. I have been looking at my statements and the interest varies from 2.207% - 2.269%. I have no idea what to do. been reading on here for weeks but the interest really does my head in!!!! maybe i should just stick to 8%.

[kashie]

Jster,

 

I wrote to cap1 and requested my statements having no idea what my card number was. I too am in the same situation as yourself. I haven't used the card since 2004 and it went to debt collectors by which I am now paying a small fee.

 

Today I recieved my account charges and details of my account number. I did not write to inform the debt collectors.

 

I included this in my first letter for statements.

 

I do not know my account number, and if you have trouble obtaining the account from the above information, I can give the number of the court order that was issued against me by your company in March xxxx. Date of birth xx/xx/xxxx.

This is xxxxxxxx at the xxxxxxxx Court for the total of £xxx.00.

you can adjust to suit your circumstances.

Hope this helps

Kashie

 

 

 

[jster$$$]

thanks Kashie. However i have already received my statements and i'm in two minds as to what to do regarding interest. im due to sent lba. but confusing myself. going to have a think about what to do!!!!

 

good luck with your claim

[kashie]

Go for it, it will wipe the slate clean at the end of the day. What do you have to loose.

[glav]

jster,

 

I too had five different interest rates so i added them together, divided by 5 to get average and put that average into mindzai's calculator to get APR. I have sent prelim letter, response due tomorrom so getting ready to send LBA. Hope this helps.

 

glav

[ukaviator]

Thanks SS. I have been looking at my statements and the interest varies from 2.207% - 2.269%. I have no idea what to do. been reading on here for weeks but the interest really does my head in!!!! maybe i should just stick to 8%.

 

Hi jster

 

Use this calculator to work out your true APR. Then you can add that to every charge on your spreadsheet and claim back Contractual Interest. After all it is the rate they have charged you.

Maybe an idea to average the 2 rates and type that in.

 

http://www.zen122856.zen.co.uk/CompoundSheet_v1.9.xls

 

Uk

[jster$$$]

update

 

finally received latter from the infamous mr udy.

 

he is offering the difference between £20 and £12. as my lba is up on tuesday i'm going to send thanks i accept as part payment and give them 10 days to refund the rest (gosh i'm very generous) then its mcol time again!!!!

 

J

[ajjars]

Hi all,

I got a letter yesterday from Mr Udy as well offering me the difference between the £20 and £12. Don't think so Mr Udy!!

 

jster$$$, I too got confused with interest but I think I have sussed it. If 8% equates to 0.00022, then 1% is 2.75. Therefore if you have 20% times that by 2.75 = 55, so you change the simple spreadsheets 8% to 0.00055. you can actually change each charge to the correct %. I checked all my answers against an on line interest calculator, and they added up. Hope this helps.

[jster$$$]

thanks ajjars. i decided not to go for cci so if i don't hear anything in 2 weeks i will be file mcol and adding 8% interest.

 

i got too confused and thought it would be easier for me to stick with what i know more about.

 

more power to those who do claim cci.

 

J

[jster$$$]

just about to file mcol. when i click yes to Do you want to reserve the right to claim interest? a window opens telling me i must add this to my poc "The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ {put the amount} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}. ".

 

i dont remember this with my other claim.

 

am i right in saying the template of poc covers all of the above???

 

:confused:

[jster$$$]

update

 

i filed mcol on 04/05/07 they have acknowledged today. (well well they are on the ball!!!) they have until the 06/06/07 to do what ever they are going to do;) .

 

if they do pay out it will clear my debt and give me a few quid.

 

my debt was passed to debitas however i never said anything to them about my claim and just carried on with the monthly payments. i have just sent everything to capital one regarding my claim and i have received nothing from debitas. i thought i would start receiving letters and phone call from the horrid debitas demanding full payment but much to my relief i have heard nothing..........thankfully.

 

the point of that was IMO the DCA doesn't need to know as they weren't the ones who charged you. just take everything to the original company that charged you.

 

I hope this makes sense:) :)

[jster$$$]

update

 

I received acknowledgment of service today.

 

they intend to defend all the claim and its signed by wendy starr. so now i wait for defence.

[doo]

The usual then, just a waiting game now.

[jster$$$]

update

 

Received letter usual bog standard stuff, they don't agree with anything but they are going to pay me what i'm asking. this will pay off what i owe and leave me with £168. cheque to be sent within 14 working days.

 

i won won won:D :D .

 

many thanks to every single member, mod and site helper.

 

by the way i had my woolwich claim settled on friday so its all good.(just waiting for the funds to be credited to my account). Must be my lucky week!!!

[doo]

CONGRATULATIONS

[jster$$$]

Thanks Doo x

[ukaviator]

Well done. . congratulations. .