IanCognito v Capital One

[iancognito]

The story so far.

Got my statements, sent a prelim, 2 accounts, £1431.

Got a letter back offering me £12 for each charge. Sent an LBA in reply pointing out the error of their ways re the OFT report.

Got another letter again final offer of £12 per charge saying "take us to court then" (must check whether their offer actually works out at £12 per charge or whether they just knocked 40% off my claim because originally some of the charges were only £18 and £15)

Should have done it by now but I thought NO!!! I will not be ripped off any longer, this credit card when I took it out had an interest rate of about 9%, now 29% so lets get it back plus the contractual interest.

Don't mind starting it again, I want my money back.

Over to you Bill.........

[Simian]

Hi Ian.

So it looks like your original claim was for just the penalties, and no interest. Assuming I've got that right, then I think it's time I got some spreadies put up for CI, as you will need to use another one for this, I reckon.

So, when I finally get it posted up, copy and paste your figures into it.

There are two forms of CI (which you will by now have become aware of !!) - "Debited" CI and "Added" CI.

The Debited CI is in fact the apportioned amount of contractual interest which the bank has charged you on those penalties. It is part of the monthly interest charged to your card account, and is reclaimable as it is charged on a portion of your balance which should not itself have been debited. The spready works this out for you, but you do have to enter the monthly interest charged, and the approximate average balance each month.

Once you've done that, your figures are complete, as the spready will work out the CI due on all this, which you are now going to claim from the bank.

I would then be happy to check your spready figures for you, if you like. Once they are ready, then I always recommend you start again with a new Prelim, and I always suggest you tell them that, since they have not settled with you fully, you have used the time wisely and taken further advice, and are now claiming CI.

How does that sound ?

[iancognito]

Sounds great to me Bill thank you very much - can't wait!!!!!

[iancognito]

OK gotta get this one moving coz I'm running out of money (again)

I recall a couple of cases (maybe in a previous life) in which the courts decision on CI was a resounding 'No'.

Of course I know this means nothing but could I ask for peoples experience of CI with Cap1. I've read about putting alternative ratesof interest but this has gone past the LBA stage so it's going to court and I'm going to get 8% anyway, the only other rate to use is there contractual one of 29.something%.

The other thing that worries me is that this is the third case filed at my local and not very big, county court, should I consider filing at another one?

[Simian]

Sorry, Ian. I forgot you were here. I keep checking the CI forum, but not your thread.

If this has gone past the LBA stage, then unless you have already claimed CI in the prelim and LBA and sent the bank a schedule of charges with each, you should really think about how you want to play this. If claiming CI is now going to alter your claim, then you should consider starting the claim afresh, and going back to the prelim stage. You will need to complete a new spreadsheet first, and send a copy with your prelim.

I've posted up the spreadsheets, now, so I would suggest you fill in the Credit Card CI one to get some idea of how much CI you could claim.

http://www.legal-beagles.co.uk/forum...eadsheets.html

Then take it from there.

There should be no reason why you can't file as many claims as you like from your own local court.

I always suggest you use alternatives in your POC, if you are claiming CI. But do not offer the alternatives in your prelim and LBA.

HTH, matey.

[iancognito]

Thanks Simian it's ok i'm used to being ignored - I live with 3 men!!!

It does help thanks, I will fill in the spreadsheet and see what difference the CI makes, what alternatives would you suggest using, I only have one rate, thats the authorised interest rate, or the stat interest?

The reason I am a bit doubtful about the court is that I have no knowledge of any judgement from there re bank charge claims and I am aware of the dodgy decisions made by a couple of courts recently, I think I may try a bit of research into how many cases they have had!!!

[Simian]

Thanks Simian it's ok i'm used to being ignored - I live with 3 men!!!
LOL - Lucky you !!! Every other inhabitant of my house is female !! Lucky me ? No way. Once a month - every month - I'm a dead man, when they all come out in sympathy !!!
It does help thanks, I will fill in the spreadsheet and see what difference the CI makes, what alternatives would you suggest using, I only have one rate, thats the authorised interest rate, or the stat interest?
If you have a higher APR rate for cash advances, then I would claim that rate primarily, then purchase rate and Statutory in the alternatives.
The reason I am a bit doubtful about the court is that I have no knowledge of any judgement from there re bank charge claims and I am aware of the dodgy decisions made by a couple of courts recently, I think I may try a bit of research into how many cases they have had!!!
Yeah, I see what you mean. I'm not sure how you go about checking this. Start by asking the clerks, I guess, but there have been very few of these "silly" judgments, so I don't think you have too much cause for concern.

Big Will.

[Bill-K]

Have a look here, Ian:

http://www.legal-beagles.co.uk/forum....html#post2627

[iancognito]

OK finally, got my spreadsheets done for one of the accounts (another one to do yet but I've lost the statements already).

Using Simians excellent new spreadies, looks like I'll be asking Crap One for £1640.97 up to now, not bad....

The other thing I noticed is that I have paid PPI on this card, I know it was mis sold coz I had a critical illness months before I took out the card and had they have asked me I would have told them in great detail, so obviously I wouldn't have been covered on the grounds of non disclosure.

Thing is, they add the PPI onto the account every month and obviously you then pay interest on it, do you think it would be petty of me to claim back the PPI and interest thereon? can I do this? can I lump it in with my charges claim and do it all in one go??

Thoughts please

[enaid]

If I were you I would keep them seperate especially if you are doing CI, Hell is the best one for advice on PPI although you should have no trouble proving that it was mis sold, have you got the T&C's for the PPI?

[iancognito]

No I have no paperwork, believe it or not I used to have a filing cabinet in which I filed everything from everyone, I had every bank statement, T&C's, bills etc, I threw it all away and put the filing cabinet in the shed about 18 months ago so I had somewhere to put the tools!!!

How stupid am I?

[enaid]

We all know that now don't we, how we should keep everything just in case!!!!!!!!
You think when you get your loan or CC that's it,we will pay it off no probs. We all know different now and how easy it is to come unstuck. They should supply you with the T&C's for the PPI if you ask them though, don't think any of them pay out though on pre existing med conditions.

[Bill-K]

FWIW Ian, I agree with Enaid. I would prefer to keep the PPI claim separate.

[enaid]

Capital One's credit card blunder | This is Money
Myabe you never had any?

[iancognito]

Very interesting article Enaid, thanks for that.

Shall be writing a couple of letters tonight then.