skintlass v Capital One

[skintlass]

I have an ongoing case which has been stayed pending the High Courts Decision.

I have claimed £1653.46 charges £512 int 30.94% £1197.46 (less £176 refunded pre claim) courts in 8% 34p per day. plus £120 court fee.

so £1653.46 and they have paid me charges £336, stat 8 % £92.96 purchase int £302 and court fees £120,

so about £800 short, now they are saying they have paid me and I need to tell the court it is settled.

Do I have a chance to keep going for the compound interest or should I cancel my claim with the court.

They also have added charges since my claim which I could argue for and try and reach an agreement for.


Thanks

[TUTTSI]

Re: skintlass v Capital One

Hi Skintlass

A lot depends on your POC to Capital One when you submitted it to court as if you continue you will have to know your arguments and case law and be able to stand up in court and fight your corner.

It might be a good idea to upload your POC here - omitting your personal details so that further advice can be given.

One of our members who was sucessful with compounded interest against Capital One, his story you can read about here:- http://www.legalbeagles.info/forums/...ead.php?t=6123, but I have to say he was very well versed on the subject and was up against a barrister from Capital One and that did not phase him.

You also have to consider that if you lose what costs will be awarded against you?

Tuttsi

[Kafka]

Re: skintlass v Capital One

In my recent hearing with another credit card company, the judge was not prepared to examine the CI arguments at all, but I was granted the 8% on what I won. When I do the spreadsheets I put 2 interest columns, one for CI and the other at 8%. The POC says something like...
...claims interest at the rate of....in the alternative at Stat rate of 8%.....or any figure that the court deems just.

I can't see why they could successfully argue for costs against you as you should not lose a claim for charges on a credit card account. In my case the attempt to claim costs was based on an argument that I had behaved unreasonably by ending up winning less than they had offered. This was only because the judge had allowed them to claim that the £12 amounts were OK because they said it actually cost them more than £12 if you are late/overlimit etc, though there was not a shred of evidence provided. Even though this was a biased judge who did not like penalty charge claims or understand the main legal arguments and was easily manipulated by the barrister, he still refused to grant costs and their barrister was truly miffed.

[skintlass]

Re: skintlass v Capital One

I am really out of my depth here I started these claims a few years ago and never expected them to go this far I cant win an arguement to save my life and would be pathetic in court, my best bet is to cancel the claim but I'm not sure how to go about it whilst not having capital one try and claim costs as neither of us went to court they just paid the minimum interest and charges etc.

Thanks