Grimbell v Cap 1

[grimbell]

Re: Grimbell v Cap 1

Hi
Are you sure about that xena? It would help bump up the claim amount and show more charges than default amount. Can do one clam for charges,ppi and default?

The actual default notice states £215 and charges come to just over £400. PPI comes n at £173 wthout interest. The outstanding amount of the account is £1215.

[Xena]

Re: Grimbell v Cap 1

Well I have always done CI on my credit card claims and succeeded!

I did my PPI separate as it is a different issue altogether.

[WendyB]

Re: Grimbell v Cap 1

Someone OTR lost a case at court with Crap One on CI. I think it was Linsey v Capital One. She'd already had all charges but continued to court for CI and lost.

They will pay back all Purchase Interest, charges, court fees etc.

I claimed what I called CI and got everything I asked for, and 8% as well. But I don't actually think they knew what they were doing to be fair. i just got lucky. And I only used 14.0% apr.

I think they seem to be a bit sharper on CI now.

[Xena]

Re: Grimbell v Cap 1

She shouldn't have accepted partially, should have kept the whole claim intact.

[thephoenix]

Re: Grimbell v Cap 1

This is a credit card claim, so yes include CI. No need to have a good argument for claiming it.

On bank accounts I agree.

I claimed CI on ALL my credit card claims plus statutory 8% and got the lot but we are talking beginning to middle of last year. They are a little more astute nowadays.
Whether your claiming CI on a credit card or an overdraft, it's still CI. Your still effectively paying interest on money that has been borrowed.
Yes the rate may change on an overdraft but we are still contractually obliged to pay it on any outstanding balance .

IMHO

[grimbell]

Re: Grimbell v Cap 1

Hi all

I decided to give the fos one last go and sent this:

Thank you or your letter dated 19/2/2008. I am unable to accept the offer as it is incorrect.
My initial claim against Capital One was via the small claims court, case number 6QZ90836. This was for charges up to 20/10/2006 and the refund that was applied to my account in January 2007 was to cover these and the court costs. The claim I have sent to you has been for charges added to the account since 4/11/2007.
The Purchase Interest is included because this is what Capital One say is the interest that is added to the charges. The 8% interest is the statutory s.69 interest that courts allow.
The total of these charges is more than the £215 that Capital One defaulted me for and therefore this amount should be considered incorrect as the charges have been applied to my account for breaches of contract and the amount exceeds their true administration costs.
This is taken from ICO Guidance for Credit Reference agencies.
Time framework
although there will be some flexibility in the definition of a breakdown; we believe there should be general rules for the minimum period of arrears which should exist before a default can be filed. Equally there should be a maximum period after which, if anything is to be recorded with a credit reference agency, a default must be filed. The following are in line with the practices currently adopted by most lenders.
• Accounts should not be routinely filed as being in default where full payments or those due under a rescheduled agreement are fewer than three consecutive months in arrears.
• Accounts should normally be filed as being in default where those payments due have not been received for six months.
My last payment was made to Capital One on 16/5/2007 and payments were then withheld because I had made a Consumer Credit Act request for a true copy of my credit agreement and they had failed to comply. They sent a default notice on 29/8/2007 giving me 23 days to pay £215 but they had still not supplied a copy of my original agreement and terms and conditions. On 13/9/2007 they told me the default had been registered and included a copy of the agreement. This now meant that any payment that I would of made on receipt of the correct agreement documentation was useless as the default had been registered anyway.
I therefore still believe the default to be wrongly registered and should therefore be removed and you ask them to review their offer again.



Today I recieved their reply:
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http://i185.photobucket.com/albums/x...1/scan0002.gif
http://i185.photobucket.com/albums/x...1/scan0003.gif
http://i185.photobucket.com/albums/x...1/scan0004.gif

At least Crap1 upped their offer but other than that it was a waste of time really.

[grimbell]

Re: Grimbell v Cap 1

Hi all

Due to one thing and another I gave up on this and accepted Crap 1's offer of £277.44 via the FOS.

This leaves the outstanding debt at £962.47 but there is more to come off once FOS get their fingers out of their bums and deal with the ppi complaint.

Since Crap 1 closed the account it has been passed to Debitas,NCO and now Fredricksons.

Now this is settled I just want to knuckle down and start paying it off but the trouble is who do I pay.

Fredricksons contacted me on Friday and are asking for £1239.91 which is now an incorrect amount.

Do I contact them and advice them of the refund and make arrangements to pay?

[Amethyst]

Re: Grimbell v Cap 1

Hiya xxx

Have a read of these threads; you really want the debt back with Cap One and make arrangements to pay by installments with them. I'm not sure if Fredicksons will have purchased the debt or be acting as agents for Cap One.

Hopefully this will help...sorry they quite a lot of reading.

Consumer Credit Agreements - A Guide - Legal Beagles
Negotiating arrangements with DCA’s or Original Creditors - Legal Beagles

Ame
xx

[grimbell]

Re: Grimbell v Cap 1

Hi Ame

Thanks for that. I read both of those excellent threads yesterday before I posted.

Neither really cover what I have asked though to be honest.

Fredricksons letter says that they have been asked to collect on behalf of Crap 1 so I think i will do a letter to them to tell them to pass it back and a letter to Miss Ellie saying that I only wish to deal with Crap1 as they are the OC and see what happens.

Thanks

[grimbell]

Re: Grimbell v Cap 1

Hi
I sent two letters on 12th one to Crap 1 making an offer of £100 per month and stating that as they are OCC I only wish to deal with them. Second to FReds stating account has been with the FOS and therefore in dispute and asking them to return it to Crap 1.

Today I recieved an LBA from Freds with lots of additional costs added giving me 7 days to pay or legal action will be started. It is dated 12th so they should get mine today so will wait I think.