Ammani V Cap1

[Ammani]

Re: What needs to be done now?

Yes i do, and have a copy of claim form sent to the court. And my spreadsheets.

Thank you so much. If you could tell me how to PM you, i will send spreadsheet to you.

[Budgie]

Re: What needs to be done now?

Brilliant.

Ok am off to bed, am shattered.

We will get this sorted in short order Ammani.

Please post up your spreadsheets ( with personal details removed )

Sit back, enjoy the weekend and be ready for action next week.

PS : I hope you dont mind me asking but would it be possible for you to change the title of your thread just to make it easier to find.
Maybe something like Ammani Vs Capital One.
I can do this for you if you like

[Ammani]

Re: Ammani v Capital One.

Goodnight Budgie,

and thank you once again. I know its only a small amount, but its a lot, when your a single parent of 2 girls, trying to pay a mortgage, and keep things going.

I can now see the light at the end of the tunnel, but its taken me 10 years to get through all the debt, of which wasnt mine in the first instance, but my ex's. Unfortunately the court ruled that i was respnsible for his debts, of £15,500, because he had no intention of paying them.

Some good came of it, as i now have the tools and experience to help others, in the same situation as myself.


Yes please do change the title, i havnt a clue how to!

[enaid]

Re: Ammani V Cap1

Title changed, don't want the old cock getting confused do we ? lol

[Budgie]

Re: Ammani V Cap1

Hey Ammani,

I received your spreadsheet, thank you.

OK below you will see a draft email for sending off to Capital One, if you wish to follow this course of action I can give you the name of the person to send it to and their email address.

Have a read through and let me know if you have any questions regarding this.

I think it's worth a try and if succesful you stand a chance of getting some money back from them reasonably quickly.
If it doesnt work then, now that the test case is over, you can obviously just go ahead with a stay lift request to the Court and an application to update the details of your particulars of claim.

Totally up to you if you wish to give it a go !!!

Rgds Budgie





Dear xxxxxxxxxxxxx,

Reference County Court Claim xxxxxxxxxxxxxx

The above referenced County Court claim was stayed by the xxxxxxxxxxxx County Court on xx/xx/xxxxx pending resolution of the Test Case between the Office of Fair Trading and the Banks.

Judgment in the test case has been handed down and the test case is over.
It is obvious from that judgment that the decided issues bear absolutely no relevance to my instant claim for repayment of my credit card charges from Capital One PLC.

I wish to inform you that I will shortly be submitting an application to the xxxxxx County Court to lift the stay on claim number xxxxxxxxxxxxxx.

However before doing so I wished to give you an opportunity to settle my claim.

During the period in which the claim has been stayed Capital One have applied additional charges to my account. I have also been made aware that it is common practice for Capital One to settle a claim, in a particular fashion, once it has been filed in the County Court. Additionally, I have been made aware that I am entitled to frame my claim based upon return of all charges, in full, plus compound interest upon those charges, from the date of application to my account through to the date of judgment or earlier settlement , ie compound interest rather than statutory court interest.

I am fully prepared to make an application to the xxxxxxxx County Court to lift the stay and request permission to submit a revised particulars of claim to detail the additional charges that have been applied together with compound interest on the total of applied charges.

However, prior to doing so I am writing to inform you that I might be prepared to settle this matter using the method of calculation by which you normally attempt to settle claims once they have been freshly filed with the County Court.

My calculations are as follows :-

Total of all charges to be refunded £408.00
Total of all purchase interest paid £xxxx
Stat interest on the above charges £86.72 Calculated up to 30/11/09
My original Court fee £xxxx
Total to be repaid £xxxx

The account balance is currently £xxx.

I would accept that you deduct this balance from the total to be repaid to me, close the account, and send the remainder of £xxxx to me by cheque, upon clearance of which I will advise the Court that my claim has been settled in full.

I look forward to receiving written acceptance of my proposal or your confirmation that I should proceed with my outlined intentions in respect of the stayed court claim.

Yours faithfully
Ammani

[Ammani]

Re: Ammani V Cap1

Good evening Budgie,

many thanks for this letter. I will give it a go, cant do any harm, and as they say nothing ventured, nothing gained.

Could you explain what the 'purchase interest' is please, as havnt a clue, and wouldnt know how to work it out.

It would be great if they settled out of court, as it would save the £75.00 fee for changing my POC.

Thank you once again, for all the help and advice you have given to me, its greatly appreciated.

I did actually win a case against Capital One a few years ago, on an old card i had with them, they didnt turn up to court, so Judge awarded me, charges, interest, costs and damages.So they just might decide to pay up this time! Wishful thinking lol.

Regards.

Ammani.

[Budgie]

Re: Ammani V Cap1

Good stuff Ammani,

Right Purchase interest !

This is why I asked if you had copies of all your statements, hopefully you have them from when you started the account.

For some strange reason Cap One, when they attempt to force settlelemnt of a claim once it has been filed in the County Court, decide to pay back all the charges ( in full ) plus all the purchase interest the Claimant has ever paid, plus statutory court interest on the charges plus the court fee. There is no particular reason why they should offer to pay back all the purchase interest although I suspect it is to try to confuse the court if, for example, the Claimant has claimed for compound interest.

Purchase interest is the interest that will appear on your statements in the month after you have failed to pay off your card balance in full in the previous month. Actually there would normally be two lines of interest added, one for interest on cash withdrawls which is always charged if you make a cash withdrawl ( even if you pay off your balance in full at the end of the month ) and purchase interest which is interest on the purchases ( of goods and services ) you have made with your card.

What you need to do is examine your statements make 100% sure of what they refer to as purchase interest as opposed to cash advance interest. Then go through the statements and add together all of the individual purchase interest amounts form the first statement to the last. I suspect as your credit limit was only £200 you wont have actually been charged much in the way of purchase interest, but as Capital One normally offer to pay it back then I do not see any problem in asking for it in the email you are going to write.

Once you have that total figure for purchase interest add it into the list on the email, add that to the charges, statutory interest and your original court fee and you will arrive at the figure you will expect Cap One to agree in settlement of your claim. Deduct from that the current balance on your card and you get the figure that you are expecting them to send you in a cheque.

Hope that is all clear.

Rgds Budgie

Feel free to fire away with any questions.

You should send the email to Rachel Howey.
Her email address is rachel.howey@capitalone.com
Tel Number for ref is 0115 843 8419

[Ammani]

Re: Ammani V Cap1

Good morning Budgie,

many thanks for explaining that. I will look at all my statements.

Is it ok to just send an email, and not a letter? It would save time emailing it, especially with the post being so slow.

Have a great day.

Ammani.

[Budgie]

Re: Ammani V Cap1

Definitely an email. Post it too slow. You should get a pretty quick response with either a yes or a no. if its a yes then great. If a no we can quickly move on to getting your stay lifted at the court.

[Ammani]

Re: Ammani V Cap1

Ok i will get purchase interest sorted and send email.

Off topic, could you please expalin how i can put a photo on my profile, as i want to update my info. Many thanks.

[Ammani]

Re: Ammani V Cap1

All sorted thanks, lol.

[Ammani]

Re: Ammani V Cap1

I have done the purchase interest and it comes to £159.98. The only thing i need is date when Court stayed my claim. I havnt any details to this, as i wasnt sent a letter to confirm this, was just told over the phone. Anyone any idea what date all credit card claims were stayed?

[Amethyst]

Re: Ammani V Cap1

Well they werent, just yours

Could be anytime after July 2007 really. When you asked for the stay lift you should have had details of when the case was stayed ?

[Ammani]

Re: Ammani V Cap1

Hi Amethyst, i didnt get notification of stay, because i attached notice to lift stay, with my court claim. Thought i would put it in all together to save time. But looking through some old threads of mine, it looks like it was 14/08/2007.

So sending email now, and will wait and see.!

[Ammani]

Re: Ammani V Cap1

Hi there, i sent email to Rachel Howie last Sunday, but still no reply!

Should i send it again?

Or do you think they will just ignore it, like the first one?