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

[Budgie]

Re: Shira v Cap 1

Hi Shira,

I can't really add anything to what Ame has already suggested.

I would recommend adapting the letter to suit your own claim and updating it to reflect the current test case situation.

Then whack it off to the Court, copy to Capital One.

I agree that it would be best not to mention the earlier problem in this letter.

Post up a draft of the letter you intend to send, and we would be pleased to check it for you.

Rgds Budgie

[Shira]

Re: Shira v Cap 1

Thanks Budgie, I have already post the letter to the Court but will do one for Cap one tomorrow.
Thanks

Dear Sir

I write to confirm the receipt of your order for my claim number XXXXXX.

I note that the order is for my claim to be stayed pending the ultimate determination of Commercial Court Litigation, brought by the Office of Fair Trading and the Financial Services Authority, relating to the matter of the application of the law in respect of unauthorised overdraft charges on current bank accounts.

The test case quoted in your order (to be held between the OFT and the banks) which is proposed to be heard between January and February 2008 in the Commercial Court, will not raise any issues relating to my particular claim.

I wish to make the court aware that my claim does not relate in any way to unauthorised charges on a current bank account. It is a claim for the return of disproportionate charges levied for defaults on a credit card.

The OFT has previously investigated the level of charges levied in respect of credit cards (April 2006) and in view of this report, credit card claims are not proposed for inclusion in the forthcoming OFT test case.

Following this report, default charges have been broadly reduced to around £12. However, I still believe these charges to be punitive in nature and not a genuine pre-estimate of cost incurred by the credit card company. I believe they exceed any alleged actual loss in respect of any breaches of contract on my part and are not intended to represent or relate to any alleged actual loss, but instead unduly enrich the credit card companies which exercises the contractual term in respect of such charges with a view to profit.

In order to amount to lawful liquidated damages it has to be shown that the charges applied represent a genuine pre-estimate of losses (per Lord Dunedin Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79).

I therefore respectfully request that the ordered stay on my claim number xxxxxxx be lifted and my case allowed to proceed without delay or reference to the pending test case.

I thank the court for its time and consideration in reviewing this matter and hope this clarifies the particulars of my claim.

Yours faithfully

[Budgie]

Re: Shira v Cap 1

Great stuff !

Well done

[Shira]

Re: Shira v Cap 1

Thank you!

[WendyB]

Re: Shira v Cap 1

that's the same letter I used when Natwest tried to stay my cc claim, it worked. Although i sent it before the stay was actually in place. Should do the trick!

[Budgie]

Re: Shira v Cap 1

Any news Shira ?

Rgds Budgie

[Budgie]

Re: Shira v Cap 1

It's all gone very quiet here ???!!!**??

Any news at all ?

Budgie

[Shira]

Re: Shira v Cap 1

Hi Bud,
Sorry, been away for few days! Still no response from Cap one but I have a N244 Application notice form to fill out from the court today. Any help and advice would be appreciated.

Dear Shira
District Judge XXX has considered your letter dated 22 July 2008 and has commented as follows:
(the claimant) must make a formal application and pay the necessary fee unless she is entitiled to exemption.
I enclose a blank general application form and fees exemption should this be required. The court fee for an application on-notice is 75.00, without notice it is £35.00.

Many thanks Shira

[Amethyst]

Re: Shira v Cap 1

grrr I always think that is so unfair making you apply when its their cock up.

Are you eligible for exemption from fees ? http://www.hmcourts-service.gov.uk/c...s/ex160a_e.pdf

We can use virtually same as letter for application without notice. Have a look at the N244 (if thats what they sent you) and ask any questions

[Budgie]

Re: Shira v Cap 1

Before you do all of that it may be worth callng Capital One to see why they haven't responded to your letter to them about the recalculation of your claim and see if they would settle instead of you having to go through this additional work with the N244.

Let me know what you think about this idea.

Best person to talk to at Capital One is Rachael Howey, I can give you her direct tel number if you require it.

Budgie

[Shira]

Re: Shira v Cap 1

Thanks for that Ame,
I will print them out for a good read, they did send an application for a fee remission but do you think i should wait til monday in case Cap one reply?
Many Thanks Shira

[Amethyst]

Re: Shira v Cap 1

Aye, think Buds calling them Monday is a good plan too.

[Budgie]

Re: Shira v Cap 1

Ooops we overlapped.

See my post just before yours

Budgie

[Shira]

Re: Shira v Cap 1

Hi Bud,
Ok will ring her tomorrow to see what she say.
Thanks Shira
------------------------------- merged -------------------------------
LOL!
------------------------------- merged -------------------------------
Oh I forgot to tell you, I got a cheque of £274.00 from Sainsburys CC today!!
Shira

[Amethyst]

Re: Shira v Cap 1

nice one Shira xx well done