Help Please. S.a.r Rcvd Today

[kalujo123]

I have lost my head in trying to work out interest charges that i am going to claim for. The total amount of charges from capital one is £660 starting from april 2004 and i have been charged a monthly rate of 2.248%, i have tried using the spreadsheets in the templates library and i am getting a figure of £960, surely this is too much and cannot be right. I am so confused its cracking me up, is there any 1 out there who can HELPPPPPPP!!!!!!!!!

[AWC]

Are you claiming statutory interest (8%) or contractual?

[kalujo123]

Well i thought i would have a go at claiming contractual

[mrsfoot]

I tink it may be a little too much at this stage to claim contractual interest as not many have done it and only one i know has been sucessful. However if you want to have a go then the interest rate should go like the folowing as an example:

 

£100 (charges amount) x 2.248 (interest) / 1oo (to get interest amount) = £2.25 per month per £100 per month

 

Hope this helps

[kalujo123]

So in my case that would be £660 in charges= £14.83x 32 months since april 04 until dec 06= £474, does that sound about right, many thanks for your help

[kalujo123]

Hi everyone,i have read through this site for days on end, there is so much info available, which i am very grateful to and will be making my donation once payment is through.

 

I have already obtained my statements through capital one and to be honest they arrived within 10 days which i think is quite quick. Anyway i have sent my prelim letter and they have until the end of this week to reply, i have to say that taking these large organisations to court is quite exciting and i bet they did not see this coming. I know that they are probably going to send me the usual reply, as in so many other threads, so i cant wait to send my LBA . No doubt i will be seeking advice from here again soon, so good luck to everyone.

[chorlton1]

If you keep as well organised and prepared as you clearly have done to date, you will be fine - enjoy using the money when you get it back!!

[TANZARELLI]

Good luck with your claim.

 

Heres a link to my Cr@p One thread it may be of some use.

 

http://www.consumeractiongroup.co.uk/forum/capital-one/51318-tanzarelli-cap-one-default.html

[kalujo123]

Many thanks, i have read through a few bits of your claim tanz, as it goes on for quite some time, good luck

[kalujo123]

Have rcvd the usual response from mr UDY offering £8 difference on each charge, have now drafted letter and will be at post office monday sending special delivery HOOOOOORRRRRAAAAYYYYYYYYYY!!!!!!!!!!!!

[kalujo123]

I am a bit confused on what to send next. I have already sent of prelim letter and rcvd the usual response about £8 per charge refunds, but do i now send a rejection offer letter, or do i just send a LBA:?:

[TANZARELLI]

I am a bit confused on what to send next. I have already sent of prelim letter and rcvd the usual response about £8 per charge refunds, but do i now send a rejection offer letter, or do i just send a LBA:?:

Has the timescale given in the prelim passed? If it has send a refusal of settlement letter normal post then send your LBA rec delivery.

[kalujo123]

the offer they sent to me came on the 14th day which was yesterday

[TANZARELLI]

Has the timescale given in the prelim passed? If it has send a refusal of settlement letter normal post then send your LBA rec delivery.

 

As above.

[kalujo123]

Ok im going to be filing my mcol in the morning, has anyone got any good templates for particulars of claim , many thanks

[TANZARELLI]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

Are you claiming stat interest if so the above link is fine and will fit into MCOL ie number of lines and characters will be correct, however if you are filing with CCI then the N1 route is advised as more room to add info.

 

Tanz

[kalujo123]

Hi, just contractual interest, not compounded though.

[TANZARELLI]

You may need to use the N1 route as the POC section in the library is just about the right number of words/characters.

 

This is the POC Mindzai and Lucid used have a look and you may need to adapt it:

 

PARTICULARS OF CLAIM

1. The Claimant has an account XXXXXXXX ("the Account") with the Defendant which was opened on or around **/**/****.

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimants contend that:

a) The charges debited to the Account, as outlined in the attached schedule, are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. In the event that the charges are not a penalty, they are unreasonable under The Supply of Goods and Services Act 1982 section 15. The Defendant has declined to justify the charges.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of The Unfair Terms in Consumer Contracts Regulations (1999) paragraph 8 and schedule 2(1)(e), The Unfair Contracts Terms Act 1977 section 4 and the common law.

5. Accordingly the Claimants claim:

a) the return of the amounts debited in respect of charges in the sum of £XXXX and interest charged thereon in the sum of £XXX.XX;

b) Court costs;

c) the additional costs incurred by the Claimant in the writing and sending of letters to the Defendant pursuant to this claim in the sum of £XX, as set out in the attached list of costs.

d) the Claimant claims contractual interest at a rate of **.**%, from the date of each transaction to (date of claim issue) of £XXX, as set out in the attached list of charges. The claimant further claims interest at the same rate up to the date of judgment or earlier payment, at a daily rate of £X.XX per day.

The account’s Terms and Conditions specify the interest payable on unauthorised drawings from the account. We hold that this applies to unauthorised drawings by the Defendant as well as to unauthorised drawings by the Claimant. Should the court deem this incorrect, the Claimant claims the rate to be justified under the principle of mutuality and reciprocity, and is based on the Defendant’s unauthorised overdraft interest rate that would be applied under the terms of the above mentioned account.

Should the court find that this interest rate is not applicable, then in the alternative the Claimants claim contractual interest at a rate of **.*%, from the date of each transaction to (date of claim issue) of £XXX.XX, as set out in the attached list of charges. The Claimant further claims interest at the same rate up to the date of judgment or earlier payment, at a daily rate of £X.XX per day.

The account’s Terms and Conditions specify the interest payable on authorised drawings from the account. We hold that this applies to authorised drawings by the Defendant as well as to unauthorised drawings by the Claimant. Should the court deem this incorrect, the Claimant claims the rate to be justified under the principle of mutuality and reciprocity, and is based on the Defendant’s authorised overdraft interest rate that would be applied under the terms of the above mentioned account.

Should the court find that this interest rate is not applicable, then in the alternative the Claimants claim interest under Section 69 of the County Court Act 1984 at the rate of 8% per annum calculated from ************* to ***********, which is £XX.XX and continuing until payment or the date of judgement at a daily rate of £X.XX.

I believe that the contents of these particulars of claim are true.

Signed:

Date:

 

Hope this helps

 

Tanz.

[kalujo123]

Many thanks tanz

[TANZARELLI]

no probs