Shira v Cap1 **** settled *****

[Budgie]

Re: Shira v Cap 1

Hi Bev,

Nearly right !!

To get things 100% correct you need to change the date on the spreadsheet ( in the box marked -"Interest to be calculated up to" ) to the date that you filed your claim via MCOL. At the moment it's showing a date of 14/7/08.

If you change the date it will recalculate the statutory interest for you automatically. Doing this will slightly reduce the statutory interest totals.

Put the modified figures into your summary and you will then be spot on !!

Provided you are personally happy to proceed with your claim on this basis I suggest that your next job, and I deffo think that fo you it's the right way to go, is to write a letter to Cap One and explain the situation in clear and concise terms.

Suggested content for the letter :-

Admit that you made some errors when originally filing your claim.
Confirm that you intended for your claim to be based on return of your default charges plus statutory court interest and any Court fees and you notice that Capital One appear to wish to settle your claim on a very similar basis as a gesture of goodwill.

Explain that you have redrafted the wording for your POC and compiled a new spreadsheet and are about to submit these to the Court. Say that you would like to give Cap One the opportunity to settle your claim and avoid any further waste of the Court's time. Summarise the claim as it now stands, simplest way to do this would be to include the new version of the POC and a little summary of the figures.

Say that you would be prepared to accept this revised total amount in settlement of your claim.

Personally I would suggest you don't bother referring to the £20.18 refund of purchase interest that Capital One offered you and wouldn't bother asking them to explain why they somehow calculated the statutory court interest as only £35.90. I know exactly why and how they have done it this way and in my view they are being extremely devious. They know that the Claimers who just go for statutory interest will probably just accept Cap One's figures without questioning them.

I have spoken with Rachel Howey a few times, in connection with my own claim and can confirm that she knows exactly what she is doing !!!

IF you would like us to check the corrected spready or your letter then please feel free to post it up here when you are ready.

Budgie

[WendyB]

Re: Shira v Cap 1

they messed about with the 8% on my OH's claim as well, seems they have a habit of doing that. Yet on mine, they paid up no prob, and I'd added 8% onto 14% CI as well lol.

[Shira]

Re: Shira v Cap 1

Right, Have change the date after submitted the MCOL, Its showed that the total of charges is £443.00 and the Statutory Court interest is £165.05 and also I done a letter for Cap One, you can see I am no good in writing letters! So any comments would be appreciated please. Many thanks

Dear Capital One
I refer to your letter dated on 14th July 2008 your reference xxxxx and my reply dated 17th June 2008.

I am writing to admit that I made some errors when originally filing my claim and I intended for my claim to be based on return of my default charges plus statutory court interest and £60.00 court fee.

I have redrafted the wording for my POC and compiled a new spreadsheet and are about to submit these to Court. I would like to give you the opportunity to settle my claim and avoid any further waste of the Court’s time.

I would be prepared to accept this revised total charges of £443.00 and total of statutory court interest £165.05 plus court fee £60.00 total £668.05 in settlement of my claim to be made by Cheque, which should be made payable to xxxxxxx

[Budgie]

Re: Shira v Cap 1

That's a good attempt Shira, well done.

I will have a think about it this evening and will maybe be able to suggest a couple of additional sentences which might give it some added woosh.

Budgie

[Shira]

Re: Shira v Cap 1

Ok thanks Budgie
Speak soon
Shira

[WendyB]

Re: Shira v Cap 1

you can see I am no good in writing letters! Well its pretty good for a first attempt. I've made a few revisions, no doubt Budgie will refine it some more as well if needs be

Dear Capital One

Account Number xxxxxxxx

I refer to our recent correspondence, specifically your letter of xxx. Having reviewed the paperwork, I now find that errors were made in my original calculations prior to filing at court, claim no xxxx. I can confirm that the claim should have been for the return of default charges applied to my account, plus statutory court interest and £60.00 court fee.

I have redrafted the wording for my POC and compiled a new spreadsheet and am about to submit these to Court. Copies are attached for your information and perusal. I would like to give you the opportunity to settle this claim and avoid any further waste of the Court’s valuable time.

I would be prepared to accept charges of £443.00 plus statutory court interest at 8% £165.05 plus court fee £60.00, a total £668.05 in settlement of my claim.

Upon receipt of your cheque, made payable to xxxxxx, I will discontinue the claim (is there any balance owing on the card? If so, they will offset against this and send you the remainder)

You are definetly close to the winning post now, IMO.

[Budgie]

Re: Shira v Cap 1

Thanks Wendy, that's great !

I have just added a couple of little bits, hope you don't mind.


Dear Capital One (I suggest sending it to Rachel Howey)

Account Number xxxxxxxx / Claim Number xxxxxxxxxxx

I refer to our recent correspondence, specifically your letter of xxx. Having reviewed the paperwork, I now find that errors were made in my original calculations prior to filing at court, claim no xxxx. I can confirm that the claim should have been for the return of default charges applied to my account, plus s69 statutory court interest and £60.00 court fee.

I have redrafted the wording for my POC and compiled a new spreadsheet and am about to submit these to Court. Copies are attached for your information and perusal. I would like to give you the opportunity to settle this claim and avoid any further waste of the Court’s valuable time. You will note that I am seeking settlement of my claim on a similar basis to that which you were proposing so would be extremely disapointed if you were to decline to follow this opportunity.

I would be prepared to accept repayment of all default charges of £443.00 plus statutory court interest at 8% £165.05 plus court fee £60.00, a total £668.05 in settlement of my claim.

Upon receipt and clearance of your cheque, for the full amount, made payable to xxxxxx, I will discontinue the claim.

[Shira]

Re: Shira v Cap 1

Hi Budgie & Wendy
Thank you so much for the help, I ve done the letter, spreadsheet and the POC but before I post it, can you check the POC to see if its looks ok please

Thanks very much Shira
(Wendy, what is OH?)

[FONT='Arial','sans-serif']The Claimant holds acc no.xxxxxxx the defendant. [/FONT][FONT='Verdana','sans-serif']
[/FONT][FONT='Arial','sans-serif']From July 2002 to October 2004 Defendant debited default charges in respect of purported breaches of contact.[/FONT][FONT='Verdana','sans-serif']

[/FONT][FONT='Arial','sans-serif']Defendant has been supplied with list of charges and interest. [/FONT][FONT='Verdana','sans-serif']

[/FONT][FONT='Arial','sans-serif']Claimant contends:[/FONT][FONT='Verdana','sans-serif']
[/FONT][FONT='Arial','sans-serif']a) The charges exceed the Defendants losses caused by such breaches[/FONT][FONT='Verdana','sans-serif']
[/FONT][FONT='Arial','sans-serif']b) The Terms permitting the Defendant to levy such charges are unenforceable under UTCCR1999 and at Common Law.[/FONT][FONT='Verdana','sans-serif']
[/FONT][FONT='Arial','sans-serif']Claimant claims:[/FONT][FONT='Verdana','sans-serif']
[/FONT][FONT='Arial','sans-serif']a) Repayment of the default charges of £443.00[/FONT][FONT='Verdana','sans-serif']
[/FONT][FONT='Arial','sans-serif']b) Interest pursuant to s69 of the County Courts Act 1984 at the rate of 8% per annum, from the date of each charge to the date of filing claim of £165.05[/FONT][FONT='Verdana','sans-serif']
[/FONT][FONT='Arial','sans-serif']c) Interest at the same rate from the date of filing claim to the date of judgment or earlier payment at a daily rate of £0.10[/FONT][FONT='Verdana','sans-serif']
[/FONT][FONT='Arial','sans-serif']d)Costs allowed by the Court. [/FONT][FONT='Verdana','sans-serif']

[/FONT][FONT='Arial','sans-serif']Total of claim £608.05[/FONT][FONT='Verdana','sans-serif']
[/FONT][FONT='Arial','sans-serif']Court fee 60.00[/FONT]
------------------------------- merged -------------------------------
Hi Budgie & Wendy
Thank you so much for the help, I ve done the letter, spreadsheet and the POC but before I post it, can you check the POC to see if its looks ok please

Thanks very much Shira
(Wendy, what is OH?)

The Claimant holds acc no xxxx the defendant.
From July 2002 to October 2004 Defendant debited default charges in respect of purported breaches of contact.
Defendant has been supplied with list of charges and interest.
Claimant contends:
a)The charges exceed the Defendants losses caused by such breaches
b)The Terms permitting the Defandants to levy such charges are unenforceable under UTCCR1999 and at Common Law.
Claimant Claims.
a) Repyament of the default charges of £443.00
b) Interest pursuant to s69 of the County Courts Act 1984 at the rate of 8% per annunm, from the date of each charge to the date of filing claim of £165.05
c)Interest at the same rate from the date of filing claim to the date of judgement or earlier payment at a daily rate of £0.10
d)Costs allowed by the court
Total of claim £608.05
Court fee £60.00

[Budgie]

Re: Shira v Cap 1

Spot on Shira


The Claimant holds acc no.xxxxxxx with the defendant.
From July 2002 to October 2004 Defendant debited default charges in respect of purported breaches of contact.
Defendant has been supplied with list of charges and interest.
Claimant contends:
a) The charges exceed the Defendants losses caused by such breaches
b) The Terms permitting the Defendant to levy such charges are unenforceable under UTCCR1999 and at Common Law.

Claimant claims:
a) Repayment of the default charges of £443.00
b) Interest pursuant to s69 of the County Courts Act 1984 at the rate of 8% per annum, from the date of each charge to the date of filing claim of £165.05
c) Interest at the same rate from the date of filing claim to the date of judgment or earlier payment at a daily rate of £0.10
d)Costs allowed by the Court.

Total of claim £608.05
Court fee 60.00

[WendyB]

Re: Shira v Cap 1

Other Half:tinysmile_grin_t:

[Shira]

Re: Shira v Cap 1

Hello again,
Letter from Court arrived which I dont understand what they talking about. can you please explain thank you

General Form of Judgement or Order
date 18th July

Before District Judge xxxx sitting at xxxxxx County Court xxxxxx

Upon referral
It is ordered that
of the courts own initiative
1. The claim is stayed pending the decision of the High Court as to whether a charge amounts to a penalty and/or is unlawful or further order.
2.Liberty to either party to apply to remove the stay.
3.A party affected by this order may apply to have it set aside, varied or stayed. Such application must be made within 3 days of receipt of this order.
Dated 08 July 2008

Shira

[Budgie]

Re: Shira v Cap 1

LOL

Which County Court is this claim based at Shira ?

It appears that the Court have got your claim, which is for the return of credit card charges, mixed up with a claim for return of bank charges and they are staying it pending resolution of the test case. As you know and I know and thousands of other people know the Test Case is not related to credit card charges. Shame is your Judge doesnt realise this, in fact he probably hasn't even read your POC properly and has just stayed it on the basis that he thinks it is a bank charges claim.

You are probably going to need to send in an application to the Court to explain the situation and get the stay lifted. There is a way of doing this which also involves writing to Capital One and getting their acknowledgment that the claim has been wrongly stayed.

The law relating to penalties is settled law, it does not need a further High Court decision to clarify this matter as the County Courts are quite capable of deciding upon this matter in relation to your claim using existing jurispriudence.

What I suggest you do first though is phone your Court, ask to speak to the Court Manager and ask for more details why your claim has been stayed. Let's make sure it is because the Judge thinks it is a Bank Charges claim rather than a Credit Card claim. Maybe you can explain things to the Court Manager and see if he can have a word with the Judge. If that doesn't work then we will have to go down the other route and send another letter to Capital One and an application to the Court to get the stay lifted on the grounds that it shouldn't have been stayed in the first place.

Budgie

[Shira]

Re: Shira v Cap 1

What a nightmare!! Lol
Ok, Rang Harlow County Court trying asked why my claim has been stayed, she said it is normal as its happened to everyone but pointed it out that it is for Credit Card not a Bank etc, so she said oh there might be a mistake and then was asked to compose a letter to Judge xxxxx to review the stay on my claim to Cap 1 CC due I think the judge got it wrong !! how should I word the letter to him and could I sent the POC explaining the error I have made earlier on? please
Thanks Shira

[Amethyst]

Re: Shira v Cap 1

Hi honey

Have a look here Legal Beagles - should give you a good starting point. Its an old letter which needs updating but the basis is there.

I wouldnt mention the error at this stage.

Ame
xx

[Shira]

Re: Shira v Cap 1

Ok, thanks Ame