WendyB - v - Capital One SETTLED

**enaid** · 12th July 2007, 14:12:PM

Hi Wendy,
glad you had a good holiday, is it nice to be back? lol
Fendy got hers with CI no poroblem and Jan and Delta are going for it so have a read of their threads, you have nothing to lose, they pay out not long after they defend.

**WendyB** · 18th July 2007, 09:51:AM

Have had some statements from Cap One, 2 different statements in 2 different envelopes, just single statements, neither of which has any charges on them. If they're planning on sending them one at a time this claim could take forever. Or maybe thats part of their cunning plan????

**WendyB** · 24th July 2007, 08:55:AM

Have received statements from Capital One. Not exactly statements, just print outs, but they do show all the charges. There is no interest rate shown at all.

Couple of questions
Can I claim back the Â£20 charge that they applied when my d/d to them bounced?
The only interest rate I can find, which is on a statement from last August, is showing 1.08% for both balance transfers and purchases (monthly). How do I use this to work out CI.
And should I go for CI? Its still worrying me whether to or not......

I'm worried about Court, POC, bundle etc, and have never asked for CCA- do I need to?

**iancognito** · 24th July 2007, 09:31:AM

Wendy

I received a mixture of print outs and statements, think its just when they don't have the info to hand they generate it from a screen dump.

Your interest rate will be 1.08 x 12 which is 12.96%, pretty low for Cap 1!!!

You need to use the spreadsheet here Calculators/Spreadsheets
you just fill in your basic details and it works the rest out for you, any probs give us a shout

**WendyB** · 24th July 2007, 09:45:AM

Thanks. I've done the spreadsheet, interest is actually 1.098, I made a mistake in the earlier post. The spreadsheet has worked that out at 14.00% but if I multiply it by 12 it actually comes to 13.176%. Haven't bothered with the debited interest, but just using CI @ 14% adds Â£188 onto my claim.

Am now ready to send off the Prelim - is this the standard one or is there a different one for CI claims? I know I'm being a bit dim, but my brain is not funcioning - too much to do at work, except I'm not working cos I'm doing this instead! lol. Gotta get my priorities right......

**WendyB** · 24th July 2007, 09:48:AM

Do I need the CCA? Or if it goes to court can I get by without it? Are they likely to pay up without court do you think - Natwest did, but have no experience with Cap one

**iancognito** · 24th July 2007, 09:53:AM

It seems you have to file at court, they pay up around the time they should or do submit their defence, don't think they've gone anywhere near a court bundle yet.

It is the terms of your agreement rather than the CCA you would need IF it went to court, as this will state that late payments and overlimits are breaches in your agreement, but as its probably not going to get there.....

I used the prelim out of the templates library and just amended it slightly to show I was claiming interest at their contractual rate.

**WendyB** · 24th July 2007, 09:59:AM

I'll get the Prelim done hopefully today and post it tonight. Am going offline now cos i just have to do some of my real work, got loads of bank recs (yuk) to be done by Monday. Boss is away so I've been swinging the lead a bit lol. Should have knuckled down in the first place then i wouldn't be playing catch up now lol

**WendyB** · 24th July 2007, 12:26:PM

Have amended Prelim slightly, it now reads
...........
I calculate that you have taken Â£xxx plus Â£xxx in Contractual interest for the sum which you have taken. Total Â£xxx. Attached is a schedule of the charges which I am claiming.
As my account is now closed, please send repayment to myself in the form of a cheque, at the above address.

...................
a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6(c), and failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.

I also require a copy of the original Credit Card Agreement, signed by myself, under the terms of the Consumer Credit Act 1974.

Am going to post tonight, unless anyone has any suggestions?????

**archer_66** · 24th July 2007, 20:06:PM

dont forget ur pound for the CCA request
and dont worry cap one seem to be the easiest company to sue so far!! u file into court and they acknowledge it and then send ur money out!!
so nearly there now xxx

**WendyB** · 27th July 2007, 12:17:PM

Haven't sent the CCA request yet, can't find a template for it.

Cap One have now decided to harrass me by phone again (coincidence, I'm sure lol)
Taking a leaf from Archer (or was it Delta) the calls went as follows:

First one left message on answerphone

Second Call - usual bumf about identity, date of birth etc
Cap One person: Can you confirm your date of birth please?
Me: You know what my date of birth is,, you've got it on your computer screen in front of you
C,One: yes but I need to confirm its you
Me: Would I say it was me and admit that i owe you Â£48 if it wasn't me?
C.One. Its for security reasons
Me: Whats your name and your date of birth?
C.One Why do you want that
Me: For security reasons
C.One Well I'm not telling you, you'll have to promise to call this office tomorrow
Me: Okay then, bye!

Third Call, Last Night. Hubby answered phone and passed them on to me
Cap One Is that Mrs xxxxxxxxx
Me: Yes
Cap One: Just need to do security blah blah
Me: do you mind if I record this call?
Cap One: Sorry, I don't have the facility to do that
Me: Well I do, so I'm just letting you know I'm recording it
Cap One: You can't do that
Me: Why not? You can record my calls to you, so I'm recording this call
Cap One: I can't let you do that
Me: You can't stop me unless you end this call now and don't bother calling me again
The phone then went dead - was the poor little flustered Cap One person worried I might record some incriminating evidence of harassment lol.

I really enjoyed myself and can thoroughly recommend it to anyone else who gets annoying calls.

**Paradox** · 27th July 2007, 12:27:PM

http://legal-beagles.co.uk/forums/showthread.php?t=751

CCA Request

I did something similar to Nationwide the other day, told them they had to confirm some information for me before I could discuss my account.. They hung up!

LOL

Matt

**archer_66** · 28th July 2007, 08:28:AM

lololol thats funny i think ill do that next time someone phones up that shouldnt!!!

**Tempty** · 28th July 2007, 14:08:PM

PMSL
oh dear had me laughing so hard i nearly fell off me chair!!
just wait till credit solutions try to phone me again.... mwu hahahahaha

I usually just say I can't confirm who i am untill they confirm what they want to discuss........ they um and ahhh for a bit and then give up and tell me they'll call again tomorrow....lol. think i'll play your game next time....much more fun..pmsl

WendyB - v - Capital One SETTLED