My gf's Dad V. Capital One!!Grrr...

[checkoutdolly]

hope this is some good for you its what i sent along with a copy of your spreadsheet just add in where it says you have taken,the amount you claiming for

[bankhater10]

Hi again, i sent the prelim letter to Capital One and they replied with a strange letter stating that £20 charges aren't fair but £12 charges are and they will refund the difference...blah..blah! So am i right in thinking that i just disregard this and send the lba now please?

[maroondevo52]

Hi, bankhhater10.

You could send them one of these, heading it Letter Before Action........

Rejecting Offers

Regards.

Scott.

[bankhater10]

Hi people,
Ok, this is the first letter i sent:

Request for repayment of charges

Dear Sir/Madam,

ACCOUNT NUMBER: **** **** **** ****
My request
I am writing to ask you to refund to me bank charges and related interest which you have levied from my account over the last six years.

The High Court has recently decided that your charges are subject to the Unfair Terms in Consumer Contracts Regulations 1999. I consider that the regime of bank charges you operate is unfair within the meaning of these Regulations as they are not individually negotiated, they operate in much the same way as charges operated by other High street banks and therefore there is little alternative to myself but to agree to the charges. Furthermore the charges are contrary to the requirement of good faith and fair dealing as they lack basic standards of commercial moral practice and take an unfair advantage of the weak bargaining power of the consumer. They impose a significant imbalance in the rights and obligations between the contracting parties which is to my detriment. I also consider that the charges may be unlawful at common law.

Your responsibilities
I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. Furthermore you are bound by the Banking Code to treat your customers fairly and it is evident that you do not so.
I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise.
I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.
Your concealment of the true nature of your charges has prevented me from asserting my right until now.

What I require
I calculate that you have taken £828
I enclose a schedule of the charges which I am claiming with this letter.

My targets to resolve this matter
I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

I am fully aware of the waiver which you are presently relying upon and which was granted to you by the FSA. However, this is an internal industry matter and has nothing to do with me. It is one-sided and I note that you continue to levy charges and to enforce them despite the weight of judicial and popular opinion against you.

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

If you dispute that I am entitled to a refund of these charges, then please let me know within the above timescale the basis upon which you dispute together with the reasons why you consider your charges to be fair.

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

Yours faithfully,

**** ****

They then sent a letter saying that as a gesture of goodwill they will refund the difference between the £20 charges and the £12 the OFT suggest to make a total of £264 plus £20 as an acknowledgement of interest... and then asked me/my girlfriend's dad to complete the enclosed form...please can anyone tell me if this is the correct reply?-

Dear Sir/Madam,

ACCOUNT NUMBER: **** **** **** ****
Thank you for your letter dated 28/October/2008

I respectfully decline your offer of settlement and request, one final time, that you return to me all charges imposed on this account, totalling £828

In order to avoid Litigation against you, I am prepared to temporarily accept the sum offered as partial settlement on the clear understanding that the remainder is paid within the next 14 days. Failure to comply with this request will result in legal action against you for full recovery, as detailed in my Letter Before Action.

If you do not accept my conditions for acceptance, or you do not respond within 14 days, I shall return the payment to you. For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter.

I trust this clarifies my position.


Yours faithfully

**** ****

[maroondevo52]

Hi, bankhater.

Looks sound to me, lets see what they come back with, hopefully within your timescale

Regards.

Scott.

[bankhater10]

Hi again, just one more question if that's ok?- At what stage do i add the stat. interest on the total they owe?
Thankyou again..

[maroondevo52]

Hi, you only add the Interest when you file at Court.

Regards.

Scott.

[bankhater10]

Hello again!
My last letter was this:

Dear Sir/Madam,

ACCOUNT NUMBER: **** **** **** ****
Thank you for your letter dated 28/October/2008

I respectfully decline your offer of settlement and request, one final time, that you return to me all charges imposed on this account, totalling £828

In order to avoid Litigation against you, I am prepared to temporarily accept the sum offered as partial settlement on the clear understanding that the remainder is paid within the next 14 days. Failure to comply with this request will result in legal action against you for full recovery, as detailed in my Letter Before Action.

If you do not accept my conditions for acceptance, or you do not respond within 14 days, I shall return the payment to you. For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter.

I trust this clarifies my position.


Yours faithfully

**** ****
I have now recieved Capital One's reply letter which basically says:
Our offer still stands and we wont be increasing it.

Am i right in thinking the next stage is taking them to court??
Thankyou- C

[maroondevo52]

Originally Posted by bankhater10

Am i right in thinking the next stage is taking them to court??

Yes, they seem to wait until you do

Regards.

Scott.

[craigten]

Thankyou for that! It's been ages since iv done that, has anyone got any links to help me??

[maroondevo52]

craigten, is it the step-by-step your looking for ?

Regards.

Scott.

[bankhater10]

Yes please....

[maroondevo52]

There you go.......

Example Step-By-Step Instructions - Now updated to reflect the OFT court judgment

Regards.

Scott.

[bankhater10]

Hi again everybody, i have 2 questions for you:
1, personaqlly id prefer to take Capital One to court via moneyclaim online but the court N1 option is the preferred one i believe? Why is this please as i am now 50/50 as to which one to choose...
2, I thought that the waiver only protected the banks and not the credit card companies?
Thankyou in advance..