Shooter V Capital One

[Paule]

Re: Shooter V Capital One

Hi there

do you have the ability to scan the documents and post them up?

Are these docs in relation to a previous CCA request (with £1 payment) or to the request in your letter above?

PKea

[shooter]

Re: Shooter V Capital One

Hi there

do you have the ability to scan the documents and post them up? I'll give it a go, I'm not very good with scanners.

Are these docs in relation to a previous CCA request (with £1 payment) or to the request in your letter above? I think that it is in responce to the CCA request I sent a while ago.

PKea

I'll try and get the doc's posted tonight.
Thanks
Shooter x

[Paule]

Re: Shooter V Capital One

if you have trouble removing ur details from the scans, you can mail them to me and i will remove ur details and post them for you

pkea@legalbeagles.info

PKea

[shooter]

Re: Shooter V Capital One

Thanks that will help

I'm still trying to get the scans clear

Think I'll give up for tonight and start again fresh tomorrow

Shooter x

[shooter]

Re: Shooter V Capital One

Still having problems with my scanner but will continue to try and get the doc's on here.

Well still nothing from Mr largerberg in responce to my letter in post# 8.

Budgie, have you had time to do anything with My POC yet as I would like to file at court this week.

Thanks

Shooter x

[Budgie]

Re: Shooter V Capital One

Hi Shooter,

I will be able to finish it off tomorrow morning for you and will post here.

Budgie XX

[shooter]

Re: Shooter V Capital One

Thanks

Your help is really apprieciated.

Shooter x

[shooter]

Re: Shooter V Capital One

Bumping as a gentle reminder to budgie

[Budgie]

Re: Shooter V Capital One

Will be ready tomorrow morning

Budgie xx

[Budgie]

Re: Shooter V Capital One

Hi Shooter,

As mentioned earlier,

I believe that most of the POC's around for credit card claims are fine but are generally too long. They contain information and arguments that does not need to be bought up at this stage in your claim.

I would suggest just going with the abbreviated version that I used for my own claim. I have had a go at modifying that to suit your claim but you will probably have to do some final tweaking.

You need to update your spreadsheet to calculate the interest up to today's date and you need to add in the additional charges since you first prepared your spreadsheet ( but do not include interest on the charges they have applied to the account but which you havent paid across to them )


Here is a draft for you to play around with.
Please feel free to ask any questions you may have.

I have assumed that you do wish to commence your claim on the basis of compound interest. You are no doubt aware that I have my final hearing in respect of a compound interest claim against Capital One next week. Hopefully, if I am succesful you will have some additional weight for settlement of your own claim. In any event I am sure that you are aware that Cap One will attempt to force a settlement of your claim based upon return of the charges, plus all purchase interest plus statutory court interest once you have actually filed your claim with the Court so you will then also have the option of negotiating that type of settlement should you so wish.


PARTICULARS OF CLAIM



1. The Claimant entered into an agreement (“The Agreement”) with the Defendant during xxxxxxx xxxx, whereby the Defendant was to advance credit facilities to the Claimant under a running credit agreement, Account number xxxx xxxx xxxx xxxx ( "the Account” ).

2. The Account is governed by the Defendant’s Credit Card Agreement (“the contract”)

3. During the period in which the Account has been operating the Defendant has debited numerous charges to the Account in respect of purported breaches of contract in regards to “over limit” and “late payment” charges on the part of the Claimant and also charged interest on these charges once they were applied.

4. 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.

5. A schedule of the charges is attached to these particulars of claim (See Appendix 1).

6. The Claimant will rely on the Office of Fair Trading (“the OFT”) statement of 5th April 2006 concerning default charges in credit card contracts.

7. The Claimant contends that:

a) The charges debited to the Account:
i) are punitive in nature and constitute contractual penalties rather than liquidated damages.
ii) are not a genuine pre-estimate of cost incurred by the Defendant;
iii) exceed any alleged actual loss to the Defendant in respect of contract breaches by the Claimant;
iv) are not intended to represent or relate to any alleged actual loss, but instead unjustly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999 and the common law.

8. COMPOUND INTEREST

The Claimant is aware and respects that the court presently has no statutory power or discretion under the County Courts Act 1982 to award compound interest. Further, the Claimant seeks to distinguish the basis of the claim for compound interest in the instant case from the recent High Court judgment in the case of Halliday v Halifax Bank of Scotland [2007] A11 ER (D) 66 where it was found that, on the assumption that the bank charges which formed the principle claim were found to be unenforceable penalties, the Claimant was not entitled to be awarded the banks rate of interest as provided for in the account contract by virtue of an implied mutual or reciprocal term, and that no such term could be implied. The Claimants case for compound interest is not reliant on any implied contractual term.

The recent case Sempra Metals Limited (formerly Metallgesellschaft Limited) (Respondents) v Her Majesty's Commissioners of Inland Revenue and another (Appellants) 18th July 2007 raises the issue of Compound Interest and the Claimant submits that, by virtue of the development of the law recently established in this referenced case, it is open to the court to award compound interest in the Claimant's instant case.

The Claimant also respectfully requests that this claim for compound interest be viewed in the context of the instant claim rather than in isolation, and with full regard for the seriousness of the Defendant’s misdemeanors which have led to the Defendant profiting unlawfully from the Claimant’s account defaults. It is entirely inequitable that the Defendant should have deprived the Claimant of the use of his monies for this length of time without repaying it with interest at the rate which it charges the Claimant in equivalent circumstances; monies which it is in the business of re-lending at the same commercial rate of interest and which will only restore the Defendant to the position where it had not received any benefit from having had use of the Claimant’s money. It is the Claimant’s case that the Defendant would be unjustly enriched if the Claimant’s entitlement was limited to the recovery of the charges and simple interest at the statutory rate. The Claimant therefore seeks a full remedy which allows complete restitution of the wrongful and unjust gains of the Defendant.

10. Accordingly, the Claimant claims:

a) Return of the default penalty charges applied to the account between November 2001 and January 2007 and actually paid across to the Defendant by the Claimant and totaling £818.

b) Waiver of the default penalty charges applied to the account since January 2007 in which were applied to the account but not actually paid across to the Defendant by the Claimant totaling £96

c) Compound interest at a monthly rate of 2.53%, compounded monthly from the date of each individual charge listed in (a) to 5th September 2008 ( or whatever date you will be filing your claim at court ) presently totaling £xxxxx and continuing to accrue at the same rate from 6th September 2008 to the date of judgment or earlier settlement.

d) Removal of any prejudicial information which the Defendant has passed to third parties in relation to the Account and in particular the removal of the Default Notice registered with credit reference agencies which the Claimant contends was caused solely by the application of disproportionate penalty charges. This to also include the removal of any late payment markers which would also have a negative effect the Claimant's ability to obtain credit in the future.

e) Costs allowed by the Court

11. Save payments into and/or determined by the Court, any sums paid in settlement of this claim are required to be made by Cheque, which should be made payable to the Claimant.

I believe that the facts stated in these particulars, comprising of xx pages, plus one appendix sheet are true.


Signed




Dated

[shooter]

Re: Shooter V Capital One

UPDATE!

this one sliped by me and I somehow forgot all about it, I have to admit I was hoping that budgies claim would have been finished by now with good news for us all, so had waited to file in that hope !

anyway today and over the weekend I've had a few missed calls from 01133086000
anyway on checking the Who calls me website I find it's a company called Lowells

so the next thing I do is check my credit file to find out that there's no longer a listing for capital one, the details are still there, but listed as lowells

I'm not sure what to do now

I don't know if what they sent me was a legally binding credit agreement or not as I can't seem to get it scanned properly to post on here for advice. I will have to dig them out from under a huge pile of filing that needs doing and see if one of my girls can do it for me.

any suggestions as what my next course of action should be
shoul;d i prepare to file at court and if so who now, still crap one or lowells?

please any help would be greatfully received

Shooter

[shooter]

Re: Shooter V Capital One

BUMP

[Curlyben]

Re: Shooter V Capital One

Don't worry about Lowells with this account.

Just wait and see what they have to say.

[shooter]

Re: Shooter V Capital One

Do Lowells have any specific tactics that I should look out for?

Should I be writting to them?

They won't get an answer to any calls they make to me as I don't answer calls from withheld/unknown numbers!


"I don't know if what they sent me was a legally binding credit agreement or not as I can't seem to get it scanned properly to post on here for advice. I will have to dig them out from under a huge pile of filing that needs doing and see if one of my girls can do it for me.

any suggestions as what my next course of action should be
shoul;d i prepare to file at court and if so who now, still crap one or lowells?"

any Sugestions??

Shooter

[shooter]

Re: Shooter V Capital One

HELLO anybody out there???