goodwill gesture from Cap one **WON**

[Mistermind]

If Cap1 statement really does not show Contractual Interest rate on the statement, others will have faced and solved the problem. Click SEARCH, ADVANCED SEARCH, input keyword "rate", select only Other Institutions - Cap1, and the relevant threads will be returned.

 

Have a good read, and do your best. Rates differ for Cash Advance (highest) and spendings. To avoid argument, select the spendings rate which was probably what was taken from you based on charges.

 

The rate does fluctuate from month to month, so ideally paper evidence would be best, in case Cap1 wants to split hairs. I am not familiar with Cap1 refunds form, but I gather many claimants scored. If discouraged, look into Egg Forum, V-E Day thread, 45 winners now, some won within a week or 3. So it does work.

 

Come back if you have more queries, but read it up, everybody does, and everybody wins, some faster than others. GL xx.

[karhuss]

Have read loads of threads and nobody seems to have had screen print off statements just showing "Interest Applied" and no rates. The phone I was given turned out to be a fax so am now getting well cheesed off. Can I still claim contractual interest without those rates. NOW WANT THEM TO PAY BIGTIME!!!!

[ukaviator]

I would give them a call and ask what your rate of APR is . .

[Mistermind]

Cap1 WILL pay big time, because for most claimants with charges going back several years and a continuous debit balance, Contract Interest will exceed charges. I am in the office doing work i have been paid to do, so have not read Cap1 success stories, how other winners settled for the nearest correct rate. A rate off the phone is valueless because they can deny it afterwards.

 

If you and other previous winners are all guessing, then suggest take a month's interest, and divide it by the past month's average balance, to derive an answer somewhere between 1% and 2%. Make several computations and get an average, erring on the low side if unsure.

 

By all means ring, but say you do not wish to accidentally claim more interest than was the case (you are a nice young lady who wants to help Cap1). But get all figures and approximations in writing from them. Hopefully Cap1 lawyers will not arrive at court and triumphantly put down documents to say, "we charged ou 1.7% per month interest, but you reclaimed 1.8% per month interest. Case thrown out please judge?"

 

I am sure you will be alright, if other C.I. winners have been alright. Look on the bright side karhuss, you are going to be a rich gal.

[karhuss]

With great thanks to Mistermind another letter was sent to them giving them one final opportunity to pay by 6th June. No reply so I think it is time to put in a claim with the small claims court. Any advice please?

[Mistermind]

A bureaucratic organisation like Cap1 is always more likely to take time rather than respond decisively within 7 days. Even forwarding statements took 7 days, but when they came they did via Special Delivery. So a few days delay beyond the deadline would be half expected.

 

Not familiar with Cap1, but the Cap1 Successess Forum is full of straightforward success stories, and with the amounts already worked out, the rest is just going through the formalities of submitting forms. Others will be better than me on forms, but it is just going through the motions.

[karhuss]

Good day to you Mistermind. Thank you again for all your help. I will have to wait until early next week anyway as my printer has run out of ink so can't print off N1 form. Just wondering do I have to prepare Court bundle before I fill it in though? You are obviously more confident about this claim than I am.

[Noddy73]

Hello. No you do not need to prepare the Court Bundle. You need to submit N1 and Schedule of Charges. It is also good to include T&Cs (CCA).

[karhuss]

Have given Capital One an extra 7 days and still no reply unless you class 7 or 8 phone calls a day for their payment. Anyway, time to put in N1 I think.

[ukaviator]

Are you still making payments to your account?.. even though a claim is going in for your charges, you should still make payments to your account, or offer a token payment if you are in financial difficulties.

 

Uk

[karhuss]

No, I have stopped making payments. I thought that I was supposed to. Now I am flapping.

[ukaviator]

I would still make payments as normal. They will adjust the figures at the end when they settle. The account is in dispute, so they can not take anymore action on the account like defaulting you, but i would make payments to stop the phone calls. The next thing is they will call you at work. If you can't make full payments, then try the token payment approach. Let them know what you can afford. I have'nt read all of your thread yet, are you claiming contractual interest?..

 

Uk

[karhuss]

Yes I am claiming contractual interest. I cant afford to bring the account up to date as it is about £80 over its limit. Despite the fact that I have asked them to stop putting the charges on they are still charging me for late payment and over limit each month. They owe me just over £977 and I owe them £282.

[karhuss]

About to fill in N1 form. Can someone help me with the Particulars of Claim if I am claiming CCI as the library only has one with Stat int. Also which interest do I put in the overdraft interest column. Thanks in advance.

[karhuss]

Any reply to above, please???

[fendyweather]

Hi there, not sure if this helps, but Ive filed MCOL today again Crapital Bum, and this is what I used.

 

1.The claimant has account numbered

XXXXXXXXXXXX, with the Defendant opened

xx/xx/xx.Since xx/xx/xx the Defendant

debited charges and interest in respect of

purported breaches of contract.3.The

Defendant is aware of all details of the

charges,a list has already been supplied.

New copy to be sent.4.Claimant contends(a)

The charges far exceed the Defendant's

losses caused by the breaches(b)The Term

permitting the Defendent to levy such

charges is unenforceable under Unfair Terms

in Consumer Contracts Regulations 1999,

Unfair Contract Terms Act 1977and at Common

Law.5.Claimant claims:(a)return of amounts

already debited of £xxx.xx(b)Interest at a

contractual rate of 24.34% per annum, value

=£xxx.xx,and interest due under S.69 County

Courts Act 1984 of 8%= £xxx.xx, continuing

at 8% until judgment or settlement at daily

rate of £x.xx; 6.Alternatively, if charges

are fees for services,then they must be

reasonable under S.15 Supply of Goods and

Services Act 1982.7.Costs allowed by Court

 

I was assured over the phone by my local court that this would be fine. So if you wanna use it, then just copy and paste my friend, filling in the blanks or XXXXXs with your own info. All the best. Fendy xxxx

[karhuss]

Thanks Fendy, I will use that omitting 5A as they never did put the goodwill gesture into my account nor did they send me a cheque for it. Do I put the contractual interest in the overdraft interest column and put that it is contractual interest.

[fendyweather]

No dont omit 5a. That says debits, NOT CREDITS, lol lol xxxx

 

Not sure what you mean about the columns above. But I have a super spreadsheet for calculating your own contractual rate of interest if you want a copy, but just remember to change the monthly and annual rate of interest to that which you are applying to your own claim. If you want a copy of my spready which is dead easy to use, I think much easier than the one on here, then just drop me a PM with your e mail and I will send a copy of it to you so you can over write it with your own info.

 

All the best. Fendy xxxx

 

You only need to show, Charge description, date of charge, how many days since charge, and contractual interest since date of the charge to todays date etc. My spready works that all out for you if you want it.

[jubaxt]

hi fendy-didnt think you could claim BOTH contractual and statutary interest

[ukaviator]

Hi Karhaus

 

You can't claim both Contractual Interest and S.69 AT 8%. . .

You word the POC to include an alternative interest rate in case the judge decides against contractual.

 

Alternatively, if the court decides that the claimant is not entitled to interest in accordance with the contract, then the claimant claims interest under s.69 of the County Courts Act 1984.

Hope this helps.

Uk

[jubaxt]

fendy-i'm sure your poc(above) reads as though your claiming both-anyone??-have you read it aviator??

[ukaviator]

It does. . I am hoping they don't notice. It will cost £35 to amend the POC on her claim. You have to word the POC with an alternative, or the judge would presume you just want the charges. You can not claim both.

Well see how things unfold.

 

Uk

[karhuss]

I am trying to download the N1 form but it keeps saying "file is damaged and could not be repaired". Anyone else had this problem? Any suggestions?

[karhuss]

N1 opened up with no problems this morning. I have today been to my local county court and finally issued the claim. Do I have to let someone on this site know? Do I have to let Capital One know as the lady in the court stated that they would notify them within 2 days.

[glav]

Karhuss

 

pm a mod with your claim details: name, claim number and amount of claim. you do not need to contact Capital 1, they will be contacting you!!

 

glav:)