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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 26th July 2006, 14:22   #1 (permalink)
jburchell
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Default Burchell v. Capital One - BRING IT ON! Money Claim Filed!

12/6/06 - Sent request for repayment of charges totalling £320
21/6/06 - Capital One replied with an aknowledgement letter ("going to take us a few weeks to look into it")
28/6/06 - Sent LBA letter
30/6/06 - Capital One replied offering difference between £20 fee and £12 fee (total of £12.
22/7/06 - Sent letter (I'd been on hols!) thanking them for the 'goodwill' payment but as deadline had now passed, I would be claiming the difference via the Small Claims Court.
26/7/06 - Money Claim filed for £232.14 (£212 in fees plus £20.14 in interest)

I'll let you know how things go....

PS. I'm constantly amazed at how quickly some of the banks are willing to offer some sort of refund - the LBA letter is the one that makes them sit up and listen.
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Old 26th July 2006, 22:02   #2 (permalink)
delorean
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Default Re: Burchell v. Capital One - BRING IT ON! Money Claim Filed!

Not for me it wasn't. Capital One never bothered to even respond to mine! So I just filed a Moneyclaim instead.
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Old 30th July 2006, 21:00   #3 (permalink)
jburchell
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Default Re: Burchell v. Capital One - BRING IT ON! Money Claim Filed!

Hi Delorean, looks like we're pretty close together on our Moneyclaim's against Capital One! Let's keep in touch so we can compare progress!
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Old 31st July 2006, 18:24   #4 (permalink)
sportbeth
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Default Re: Burchell v. Capital One - BRING IT ON! Money Claim Filed!

I filed mine on the 25th. Going to be a busy week for them when that lot goes through!
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Old 1st August 2006, 13:33   #5 (permalink)
lknox
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Default Re: Burchell v. Capital One - BRING IT ON! Money Claim Filed!

Mine was filed on 29th, so will be watching your threads closely
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Old 1st August 2006, 13:37   #6 (permalink)
delorean
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Default Re: Burchell v. Capital One - BRING IT ON! Money Claim Filed!

See my thread for the latest info.

Seems things are going well so far, the finishing line is almost in sight.
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Old 7th August 2006, 22:37   #7 (permalink)
jburchell
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Default Re: Burchell v. Capital One - BRING IT ON! Money Claim Filed!

Capital One have acknowledged my claim today - so I think that gives them an extra 14 days to respond - is that right?
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Old 7th August 2006, 23:23   #8 (permalink)
delorean
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Default Re: Burchell v. Capital One - BRING IT ON! Money Claim Filed!

When you file the moneyclaim they have 14 days to acknowledge.

On the form the court sends you it shows their idea of the service date. Now they have acknowledged your claim, they have 28 days from the service date to file a defence/respond else you file judgement against them.
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Old 10th August 2006, 16:44   #9 (permalink)
jburchell
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Default Re: Burchell v. Capital One - BRING IT ON! Money Claim Filed!

Received the acknowledgement through in the post today - they say they are defending the claim in full!
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Old 10th August 2006, 17:51   #10 (permalink)
delorean
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Default Re: Burchell v. Capital One - BRING IT ON! Money Claim Filed!

Same with mine. Still waiting now for the dealine...
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Old 10th August 2006, 18:06   #11 (permalink)
jburchell
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Default Re: Burchell v. Capital One - BRING IT ON! Money Claim Filed!

Tick tock tick tock.....
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Old 16th August 2006, 10:39   #12 (permalink)
jburchell
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Default Re: Burchell v. Capital One - BRING IT ON! Money Claim Filed!

I had a reply to my LBA from Capital One yesterday. They must be way behind with their paperwork, I sent that letter to them on 22nd July!
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Old 16th August 2006, 11:08   #13 (permalink)
timwils
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I am in: Kent
Posts: 70
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Default Re: Burchell v. Capital One - BRING IT ON! Money Claim Filed!

i have just recieved statement fron crapital none, and i estimate they have charged me for late payments approx in the region of 340 so its off to canterbury court-again.., .the charges are excessive at 20 pounds per time.
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Old 17th August 2006, 13:07   #14 (permalink)
jburchell
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Default Re: Burchell v. Capital One - BRING IT ON! Money Claim Filed!

RESULT!!!! (my second of the day in fact!).

I received a letter in the post from Capital One today offering to refund my claim IN FULL! Attached was a letter which they've asked me to sign:

'I confirm this offer is accepted in full and final settlement and without any admission of liability on the part of Capital One of court claim no. xxxxxxxx. I will not take any further action against Capital One and I also agree to notify the court to confirm settlement has been reached'

Well, I will obviously do that once I get my money!
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Old 17th August 2006, 13:20   #15 (permalink)
lknox
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Default Re: Burchell v. Capital One - BRING IT ON! Money Claim Filed!

Fantastic news - well done!!
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Old 17th August 2006, 13:29   #16 (permalink)
jburchell
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Default Re: Burchell v. Capital One - BRING IT ON! Money Claim Filed!

Looking at your dates, it doesn't look like your money will be too far behind mine lknox! My fingers are crossed for you...
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Old 17th August 2006, 13:44   #17 (permalink)
lknox
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Default Re: Burchell v. Capital One - BRING IT ON! Money Claim Filed!

I hope so, who knows - a letter might be waiting at home for me....
Did Cap One enter a defence before settling your claim?
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Old 17th August 2006, 13:59   #18 (permalink)
delorean
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Default Re: Burchell v. Capital One - BRING IT ON! Money Claim Filed!

Congratulations!!!

Hopefully i'm not far behind you now as our MCOL's are rather close together!
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Old 17th August 2006, 14:03   #19 (permalink)
jburchell
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Default Re: Burchell v. Capital One - BRING IT ON! Money Claim Filed!

Lknox, they only acknowledged the claim - they didn't enter a defence. Also, thanks delorean, interesting that your MCOL was submitted prior to mine and yet you still haven't heard from them?
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