Capital One - Should I now issue Court

[DP1975]

I sent the 14 day letter to cap one on the 12th July and havent received anything back from them, Should I now start Court proceedings or wait another couple of days as the royal mail states the letter was delivered on the 14th July??

[tamadus]

The time starts from when they receive the letter so 28th is their last chance.

I got a reply back today on the last day offering a partial settlement. Guess what ? next letter is LBA.

[dolly]

Which letter have you sent? Preliminary or LBA? I am assuming you have sent 2 letters already?

[DP1975]

Hi Dolly

I sent the following letter:


Capital One (Europe) Plc
PO Box 5283
Nottingham
NG2 3WT


12th July 2006


Dear Sirs


Account Number: *******************


Due to recent media coverage on bank charges I am now aware that you, Capital One (Europe) Plc have been charging me, charges, that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation.

I believe that your charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that your charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963 It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual and or real loss.

Your charges appear to be nothing more than a profit-making scheme. Therefore I require you to refund my entire bank at a total of £661.00, representing the total, unlawful during the last 6 years. I hereby give you 14 days to refund the charges back on to my account. For the avoidance of doubt, if this is not done within 14 days, I will commence my claim in the courts without further warning. This action will inevitably involve you in additional costs including interest (as of this date stands at £221.05) and court costs.

Additionally you have entered default notices and a County Court Judgment against my credit records. These defaults and the County Court Judgment occurred merely in respect of unlawful charges levied by you or were the result of impecuniosities caused directly by the taking of penalty charges, which you had applied unlawfully to my account.

In addition to full payment of the sum mentioned above I require that you remove the County Court Judgment and the default entries from the register. Please note that mere correction or amendment to the entries will not be acceptable. I require immediate repayment in full of this money and removal of the County Court Judgment and the default notices. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.

Yours Sincerely

[clayts]

Where did that letter come from ? It doesn't seem to be a Consumer Action Group letter....

The procedure here is to send a prelim letter, then follow it up 14 days later with a Letter Before Action, then 14 days later file a claim with the small claims court.

Is the letter from another site ?