dpick v capital one ***WON***

[ukaviator]

Go back more than 6 years maybe an option. . . they still hide their charges, so concealment of the true charge makes the Limitation act useless to them. Have a read up on that.

 

Uk

[dpick]

Hi all have checked with adviser and been given the following info re CCA requests to MBNA and CRAP1.

 

With regards to MBNA and Capital One it appears that the agreements are unenforceable as they have been improperly executed. They do not contain the prescribed terms set out in the Consumer Credit Act namely, The agreements do not state the credit limit, the rate of interest, details of any power to vary the agreement or debtors repayment obligations. Although this is difficult to determine when referring to the MBNA agreement as it is impossible to read. I would advise that you write to both stating you believe the agreement is improperly executed, and as a consequence is irredeemably unenforceable (See Wilson v First County Trust CA).

Advice regarding PPI.

With regard to the PPI on your account, I would advise that you write to Capital One stating that you feel the policy was mis sold under section 8.6 of the banking code, as the company did not take necessary checks to ensure the policy was of use to you. I recommend that you request in writing to Capital One that they compensate you for their mistake. I would also recommend you report this to the FSA and use the complaints procedure set out by them. This can be found on the FSA website.

Am away for the next ten days going to have a good think about what actions I now have available to me regarding Capital one

1, charges + interest added to account for charges = £933.88 I then charge them Contractual compounded interest of £488.97 total claim for charges £1422.86

2, PPI + interest added to account for PPI = £1031.78 then I add Contractual compound interest of £603.57 giving total claim for miss sold PPI to £1634.35

Anyone got any thoughts

dpick:p

[ukaviator]

Did you have a talk with a financial adviser? ..This is great..

[dpick]

Well got a reply from Crap1 re charges

 

Normal thank you for writting re charges bla bla bla we don't agree but will give you £259 as goodwill. Shame I don't have any goodwill for them I am claiming £1422 in total for charges.

 

Prelim up on the 29 May will enjoy preparing LBA for Tuesday with acceptence as part payment.

 

dpick

[Paintball]

Personally, I preferred not to accpet any part payment as I wanted to keep my claim whole. I send the Rejecting Offers letter and they eventaully paid up in full with 30% CCI on my whole claim.

[dpick]

Personally, I preferred not to accpet any part payment as I wanted to keep my claim whole. I send the Rejecting Offers letter and they eventaully paid up in full with 30% CCI on my whole claim.

good thought that I have not done anything yet will be amending ether for part acceptance or rejection LBA.

 

dpick:p

[Paintball]

Rejection LBA ... hit 'em where it hurts:p

[dpick]

30th May sent rejection/LBA letter 14 days and counting.

 

dpick:eek:

[ukaviator]

Good. . keep us posted.

[dpick]

royalmail.com finally posted LBA as received 5th May so 14 days from then, will be doing N1 at local court as am able to reclaim court fees.

 

will post when something to post

 

dpick:p

[dpick]

Hi all comments on POC please

Please bear in mind CAPITAL ONE froze interest and charges 8/8/2006 so only claiming back interest till then not giving them a chance to use enrichment argument against me for claiming interest to date.

 

Could you also comment on wording authorised and unauthorised as with my card both rates were the same.

 

And thanks to all threads where I nicked info from.

 

PARTICULARS OF CLAIM

1. The Claimant has an account XXXXXXXX ("the Account") with the Defendant which was opened on or around **/**/****.

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. A list of the charges applied is attached to these particulars of claim.

4. The Claimants contend that:

a) The charges debited to the Account, as outlined in the attached schedule, 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. In the event that the charges are not a penalty, they are unreasonable under The Supply of Goods and Services Act 1982 section 15. The Defendant has declined to justify the charges.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of The Unfair Terms in Consumer Contracts Regulations (1999) paragraph 8 and schedule 2(1)(e), The Unfair Contracts Terms Act 1977 section 4 and the common law.

5. Accordingly the Claimants claim:

a) the return of the amounts debited in respect of charges in the sum of £XXXX and interest charged thereon in the sum of £XXX.XX;

b) Court costs;

c) the additional costs incurred by the Claimant in the writing and sending of letters to the Defendant pursuant to this claim in the sum of £XX, as set out in the attached list of costs.

d) the Claimant claims contractual interest at a rate of **.**%, from the date of each transaction to DD/MM/YYYY of £XXX, as set out in the attached list of charges.

The account’s Terms and Conditions specify the interest payable on unauthorised drawings from the account. We hold that this applies to unauthorised drawings by the Defendant as well as to unauthorised drawings by the Claimant. Should the court deem this incorrect, the Claimant claims the rate to be justified under the principle of mutuality and reciprocity, and is based on the Defendant’s authorised overdraft interest rate that would be applied under the terms of the above mentioned account.

Should the court find that this interest rate is not applicable, then in the alternative the Claimants claim interest under Section 69 of the County Court Act 1984 at the rate of 8% per annum calculated from ************* to ***********, which is £XX.XX.

I believe that the contents of these particulars of claim are true.

Signed:

Date:

 

Thanks dpick

[dpick]

Well Crap1 have sent the letter I have been waiting for the this is our final offer and we won't be increasing it. So N1 Monday they won't be able to say I was not willing to negociate with them, £269 offer agianst over £1600 so see you in court crap1. Though from reading other threads they pay in full about 5 weeks after entering N1

 

dpick:)

[ukaviator]

Yep. . .that's how they like to do things. You file, they Acknowledge, they say they will defend, then pay up.

 

Uk

[dpick]

N1 filed at court today will post when I hear something.

 

dpick:p

[dpick]

Received letter from Court Claim deemed served on 20th June 2007 the defendant has until 4th July 2007 to reply.

 

Waiting with baited breath you know big ZZZZZZZZZZZZZZ

 

dpick:p

[karhuss]

Hi dpick, just wondering whether you have heard from the court whether Cap One will defend as they are defending mine and they had until 9th July, 5 days after yours.

[dpick]

Hi dpick, just wondering whether you have heard from the court whether Cap One will defend as they are defending mine and they had until 9th July, 5 days after yours.

 

Hi karhuss I have not heard a thing they have until tomorrow to acknowledge will ring court Thursday morning.

 

dpick:p

[karhuss]

Fingers crossed for you that you hear nothing and then you have won anyway. Good luck!!!

[ukaviator]

Just the wait now team.. your nearly there..

 

Uk

[dpick]

Just the wait now team.. your nearly there..

 

Uk

 

Yes but is it not nice to wait for Capital One to communicate with anticipation

 

dpick:p

[dpick]

Just checked with court they have till 4pm today to contact court. So will check with court in morning if still nothing will apply for judgement by default.

 

dpick:p

[karhuss]

good luck!! I've still heard nothing from the court so hopefully I won't have to fill in AQ. Keep us posted.

[dpick]

will post in morning what every way it goes.

 

dpick:p

[dpick]

Nothing in post rang court they have heard nothing went to court applied for judgement in default

 

dpick:p

[dpick]

Letter from CRAP1

 

PAID IN FULL WON WON WON

BY THE WAY CRAP1 I NOW WANT MY PPI BACK

DPICK8) 8) 8)