Capital One turn up at Court

[WendyB]

OTR there is a thread, lynsey v capital one, she claimed CI. Already had charges and 8%. Cap One actually turned up. Judge basically said she couldn't get the CI cos she hadn't got a contractual agreement saying she could charge them what they charged her ( Ithink). So she didn't get the CI. Decided to quit while the going was good (and who can blame her)
You'd need to read the thread to get the whole gist of it. It seems could have gone further, there's been 2 other cases taken further, one won, one lost.
This could have an impact on others, and deciding whether to claim CI, I think.

[iancognito]

Re: Capital One turn up at Court

I read one earlier in the week, think the court case is Friday? they had paid everything back into the account except the CI, unless you are very sure of your arguments, it would be difficult to go to court and argue this one I think.

Makes you wonder why they pay out some and not others though doesn't it? do we have a common denominator for those paid out with interest (I know they argue it's not contractual interest), closed accounts perhaps?

[WendyB]

Re: Capital One turn up at Court

I think my account is officially "closed" although there's a very small balance on it. Just have to wait and see, but to be honest, if they ofer me charges and court fees, I'll accept, with or without 8% and/or CI

[iancognito]

Re: Capital One turn up at Court

I wouldn't accept withour 8% tbh, if you go to court, you'll get that anyway but I think you'll find if they do make you an offer, the 8% will be included.

[Paule]

Re: Capital One turn up at Court

There was someone OTR who lost his CI case and it has set a precedent as it was an appeal and was heard at the court of appeal.
I will try and find the thread

[Paule]

Re: Capital One turn up at Court

Heres the Link

http://www.consumeractiongroup.co.uk...ecedent+set+CI

[Nattie]

Re: Capital One turn up at Court

The actual case for those who want to view the case is Halliday Vs. HBoS Plc

[stevokenevo]

Re: Capital One turn up at Court

There was someone OTR who lost his CI case and it has set a precedent as it was an appeal and was heard at the court of appeal.
I will try and find the thread

If i am right in thinking (and dont quote me on this) the case which was lost, was for bank charges? I believe there is a different set of rules when it comes to credit card charges and credit card contracts, where reciprocity IS an implied term.

When it comes to lynsey's case, she was claiming contractual on the basis of mutuality and reciprocity. The judge told her she would need more than one reason to continue her claim, and she couldnt come up with one.

I dont believe it is the end for CCI claims, just people will have to be better prepared than poor lynsey.

bare in mind, her case didn't proceed and no precedent was set in this case.

I might be talking complete b@ll@x, but thats what i reckon :shush: