kingofkings vs Capital One (Capital One won't budge)

[kingofkings]

Hi,

Just a litte bit of advice really.

I have been doing a claim for Capital One, I started it a few months back, but was unable to afford the Court Fees, so I left it for a bit and recently just sent them a letter reminding them that I am still claiming for my charges back of £600, and that I will be claiming via a county court should they not settle with me before hand.

Today I have a letter from them, pretty standard really.

Thank you for writing back to me again about my refund offer on your account. I'm writing to you out of courtesty as I've already sent you my final respsonse.

I realise that you want me to refund you all the charges we've ever added to your account. However, because we've added them correctly, I'm unable to do this. My refund of £168 still stands.

We do not feel that our fees are illegal, they are in line with the fee other banks and financial institutions charge. We only add these fees wehn a customer breaches their contract in this way.

As I mentioned in my previous letter, you now have the option of contacting the Financial Ombudsman. As we've already sent out our final response, I need to let you know that we won't increase our offer. We'll acknowledge future letters from you about this refund, but i'm afraid we won't review what we've offered.

Again I'm looking forward to receiving your signed settlement form so we can put this behind us and save the courts valuable time.

1. I don't have a settlement form to sign.

2. They don't want to waste the courts valuable time.

What do you think is the best option? Reply to them accepting the reduced offer of £168 or just continue with a county court claim?

I don't really want to the lose the claim and end up losing extra money via the court fees, so if anyone can give me a little be of advice of which option to take. That would be appreciated.

Thanks.

[Steve63]

Hi,
Having read an awful lot about this and doing my own claim against Nationwide I would say that Cap1 are trying it on and to push forward with your claim. At the end of the day though it is your choice but I think you should start thinking of what you could gain instead of focusing on what you could lose.
Just look around and see how many have won.

Good luck.
Steve.

[steven4064]

I agree with steve absolutely - file in court.

so we can put this behind us and save the courts valuable time.

Absolute hypocrisy!

[elizabeth1]

They are talking rubbish again!!
If you can't afford the court fee send a complaint through FOS - use the spreadsheet here in template library to do your charges schedule with the 8% interest that you want. Copy the correspondence so far to FOS - this will show you tried to negotiate etc..

FOS will chase your money back and it's free (saves you the court fee) - CAP1 do get a fine too from FOS for their having to get involved and investigate etc.. the form is easy to complete and FOS are very good and will sort it out for you easily (I did my mums CAP1 this way and she got back all of her charges and interest to the date they paid the cheque - it was easier to do it this way) there is a link in CAG A-Z for the form to complain really simple.

[surprise]

I'm with Elizabeth on this one. FOS are dealing with Capital One for me, wasn't confident enough for court as this was my first claim. Capital One initially offered me £208 for a claim of £604 without interest. They have so far offered me £577 through FOS which I have turned down. I added contractural interest at 30%. You can download the complaint form from their website, send with a copy of your file of papers and charges.

good luck.

[elizabeth1]

Originally Posted by surprise

I'm with Elizabeth on this one. FOS are dealing with Capital One for me, wasn't confident enough for court as this was my first claim. Capital One initially offered me £208 for a claim of £604 without interest. They have so far offered me £577 through FOS which I have turned down. I added contractural interest at 30%. You can download the complaint form from their website, send with a copy of your file of papers and charges.

good luck.

They were really good with my mum's charges she got her full amount first offer with the 8% interest.
My mum was impressed as it was quick and simple - it was an easier option than court cause she would have worried over court papers. I didn't want mum worried over court forms etc.. So it was an easier option where she got such a good result.

I would recommend this route to anyone as a good route because they do work to make it simple.

[kingofkings]

Call me an idiot if you will, but I've tried to find the form that is spoke about to fill out, but I am unable to find it.

I may be just over looking it, but any help would be gratefull, thanks.

[elizabeth1]

our complaints procedure and how to complain two versions of the form here for you

Can't Find What You're Looking For? Here's A Complete A-z Index this is the A-Z book mark it and label it for furture ease of reference

[kingofkings]

Just an update.

Sent off the Filing for the Court Claim on Monday, but due to the Royal Mail strikes I most proberly won't hear anything about how the progress is until I receive my letter stating it has been issued. Although Money Claim online has said it's issued.

But apparently I've heard Money Claim Online are automatically "staying" claims for Charges, because of the Test Case, if this happens, I would only have to contact them and let them know this is a Credit Card Company not involved in the test case?

[steven4064]

Originally Posted by kingofkings

... if this happens, I would only have to contact them and let them know this is a Credit Card Company not involved in the test case?

in theory, yes.

[kingofkings]

Update:

Capital One Claim was issued on 2nd October, it is due to be served on the 7th of October 2007. And Capital One have until the 21st October 2007to reply.

Think I should be kind and add an extra 7 days due to the Postal Strike, or just file for Judgment if nothing is heard on or after the 22nd October?

[Curlyben]

Don't panic as you will be receiving a settlement shortly.
Cap1 are all bluster and wind and pay up rapidly after action is filed.

[kingofkings]

Capital One have screwed me over I believe!!!

They have refunded all my charges, to my capital one account, my credit limit was £200. And apparently all this has been paid into my account



I am not quite sure what to do, they've paid money in but then taken it back out and given me my credit limit back of £200 but haven't really given me any refund.

[kingofkings]

Just another reply, after adding up all the amounts paid in, which comes to £748.05 which is what they owed me, if I take away the 583.96 paid out i'm left with £164.09 I paid them £20 so it brings my balance to £184.09 which was my balance before anything was paid in and paid out above.

My credit limit says it's £200 and I have £200 available to spend, so whats the best action to take? Does it mean if spend £10 on my card, my credit limit goes down to £190, and the refunds they've put on my account are useless, or what not? This has confused me a bit... And this reply has probably confused those reading... sorry.