MIKE770 v Capital One

[Tools]

Re: MIKE770 v Capital One

The different interest rates for balance transfers, purchases, cash withdrawals doesn't make a difference. The interest applied to the default charges will have been a set rate, it is much easier to leave the calculations to them and ask how they came to that figure. Get the money refunded first and then query any discrepancies you may think they have made.

[MIKE770]

Re: MIKE770 v Capital One

Have copied with slight amendment Tools letter to Cap One, to include " adding also how you achieved the figures". i AM GOING TO TRY AND LOAD LETTER HERE mike having trouble loading file

[MIKE770]

Re: MIKE770 v Capital One

Received reply from Ellie - she obviously has not digested the contents of the letter supplied by Tools with the additional comment asking how they work out their figures, , as she has used the usual template response which we see on this site, offering me the difference between £12.00 & £20 only amounting to 40 odd pounds with an attachment to say that I accept as gesture of good will, she will be lucky? at 8% it is 400+ and at 18% £800+ so it looks like I will have to forward the 18% letter then follow when she refuses LBA letter then all + 8% NI???? any comment Tools????? next step?

[Tools]

Re: MIKE770 v Capital One

Have a good read again through here and go straight for the LBA as you suggested. I have updated the letters tonight so make sure you read again if you have already copied the template letters.

Make sure you stick to your timescales and that you DO complain to the OFT and FOS, no need to make that fancy just get across your point stating their own words.

CREDIT CARD CLAIM

If you wish to reclaim charges from your credit card provider you may need these letters:

SIMPLE GUIDE TO CLAIMING CREDIT CARD CHARGES

Preliminary Request for refund and Letter before Action

Particulars of claim for credit card

Disputed Account (if they try chasing you during your claim)

Credit card claimed stayed ? letter to overturn stay

[MIKE770]

Re: MIKE770 v Capital One

???????

[MIKE770]

Re: MIKE770 v Capital One

Does anyone know if the default interest at Capital One is 30%+ as a spreedy at 30% would equate to £1,553+ if used instead of 18% which equaled £869+ ????????

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[Amethyst]

Re: MIKE770 v Capital One

Whats the purchase interest rate ?

[MIKE770]

Re: MIKE770 v Capital One

18.820% As At 06/08

[Amethyst]

Re: MIKE770 v Capital One

I've always used the purchase rate before.

have you read budgies capital one judgment and his thread theres quite a bit on cap ones interest rates.

[MIKE770]

Re: MIKE770 v Capital One

Have read Budgie!s case - got me on the edge of my seat at times through reading it, well at the end the offer must of been to their advantage, so it seems on the evidence it would suggest I go for 18+ %, would you agree????????

I am proposing to ask for signatured copy of CCA as the SAR I received nothing other than charges and list of abbreviations, although the £10 SAR did spcificaly mention charges and microfilch-any advice before I go ahead?????

[Amethyst]

Re: MIKE770 v Capital One

yes

As I recall bud went for top whack and reduced it down through negotiations, the final hearing where they settled just prior was to decide what rate to apply - although the judge indicated it could be applicable to use 8% compounded it wasn't judged upon and, Bud will correct me when he's back, I believe he received around the 18% mark. Purchase rate is the standard. however you can ask for the 31.4% cash rate (or whatever it is now) and negotiate down if you preffered to.


(march rates were 18.64% for purchases, 24.49% for cash withdrawals and 9.94% for balance transfers )


Re the SAR - yes thats pretty standard if you want the application form you need to ask for it and its much quicker to get it through the CCA rather than SAR.

[MIKE770]

Re: MIKE770 v Capital One

CCA through £1 judging by the responses on the site seem to be contravertial as they always seem to be copies un- signed, under the SAR must be original signed copy if I read it right Amey????????

[Amethyst]

Re: MIKE770 v Capital One

yes but if they don't produce it under the SAr theres nothing you can do barr complaint to the IcO and get them to force Cap One to supply it, under the cca if they don't supply it within the specified time you can put the account into dispute until they do provide it, stop payments (though persoanlly unless you are in trouble paying them i wouldnt) and they can't enforce the debt against you. the other method is using the CPR pre action disclosure 31.14 but this only applies to cases pre court that would be on fast track. So a CCA is simply the easiest way to get it and if they don't comply in the time limits start negotiating a settlement...

[MIKE770]

Re: MIKE770 v Capital One

Thanks for that Amy, sorry to have troubled you. MIKE

[MIKE770]

Re: MIKE770 v Capital One

Am about to post LBA to include my spreedee as under the original letter as per Tools the option was left to them to put a figure on the charges, which we know now Ellie completely ignores, and then offered just £xx as settlement, whereby at 18.20% equates to £9xx+ will also work on CCA request soonest.