reload vs Capital One

[karens25]

hey reload
well worth waiting for!..absolutely brilliant...
thanks
k

[reload]

Transactions Since Your Last Statement

Details Paid In Paid Out

30 Sep OVERLIMIT FEE CHARGED on 30 Sep 12.00


<cracks knuckles>

[breadline]

lovin it..

[reload]

Ello all, been a while since I've helped out/updated my threads etc, been a mite busy 'out there'. Anyway - Moneyclaim to go in later

Another month, another overlimit fee charged. Once the cash comes in from this one, this account is most definately being closed down. 40% interest rates my nipple!

I have a contract with Capital One Europe (Plc), account number xxxxxxxxxx opened in 05/05 and conducted on their standard terms and conditions. I am claiming return of money taken by the defendant in the way of charges totaling £384. As a disproportionate penalty these charges are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. I have repeatedly asked the bank to justify their charges but they have declined to do so. I claim interest under section 69 of the county court act 1984 at the rate of 8% a year from (29/08/2005) to (31/10/2006) of £22.57 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.08. I therefore claim a total of £406.57 (£384 + £22.57 interest).

[ragsta]

Reload you have not stated the date your account was opened. In the Mcol guide it says you must state it.

5. Money Claim On-Line (MCOL) Particulars of Claim

putting my claim in 2moro aswle gud luk

[reload]

Thanks for the advice ragsta, well spotted - amended accordingly. Was just testing, honest

Seems I'm using the older version of the particulars of claim. I'd suggest anyone else entering a new claim uses the newer vesion available on the link ragsta provided

[reload]

Claim filed - total of £456.57 including court costs and interest

[reload]

Letter received today - full settlement:

Originally Posted by Graham Daley, Executive Office

Dear reload,

I write in connection to the above court claim, which you have issued against Capital One Bank (Europe) plc. I have now had the opportunity to investigate your claim of £456.57.

It is denied that these fees are unlawful as they are detailed in your terms and conditions in our welcome pack. Our fees are based on the costs we incur when a customer breaks their contract by missing a payment, paying late or going over their credit limit. The fees are only levied when a customer breaches their contract in this way and can be avoided if payments are maintained and the balance kept within the credit limit.

Capital One has acted in accordance with the terms and conditions of your credit agreement through this matter and it is clear you have no claim against Capital One. Whilst we do not accept liability for the claim, I have in an effort to resolve this matter without the need for a court hearing, refunded £456.57 to your account. This refund has cleared your balance and left your account £250.09 in credit. I have arranged to send you a cheque for this amount today and it should arrive within 14 working days.

These refunds are made purely as a gesture of goodwill and we will now defend this claim on the basis that we have refunded the correct amount.

I must advist you that going forward, we may still add fees to your account, if you do not keep it up to date. We will automatically charge fees if you miss a payment, pay late, your balance goes over your credit limit or if your direct debit or cheque payment is returned unpaid. If you do not agree to these terms, I would respectfully request you consider closing your account.

I hope you are happy with this resolution and I request that you contact the court to let them know about the settlement so we can avoid taking up valuable court time.

Your sincerely,

Graham Daley
Executive Office
For and on behalf of Capital One Bank (Europe) plc

So - FULL SETTLEMENT OFFERED

One point to raise about the letter though: If I have no claim, why the f*** are they refunding me? Bunch of morons.

[elsinore]

Originally Posted by reload

One point to raise about the letter though: If I have no claim, why the f*** are they refunding me? Bunch of morons.

That's just what I thought. But I resisted the temptation to ask them and instead banked the cheque!

Elsinore

[elizabeth1]

reload well done - hope you get your money soon!!

[karens25]

well done reload...
why are they refunding you? as a gesture of goodwill of course!!
capital one, goodwill???!!! hm let me think!!