Tinkerbelle vs Capital One - I've WON!!!!

[Tinkerbelle]

I have all of my Statements, so I have sent off my request for payment letter via Recorded Delivery today.

Will update!

[Bookworm]

[Tinkerbelle]

Thank you!!

[Tinkerbelle]

oops! I've made a bit of an error when I sent my letter off to Capital one yesterday. Although I asked for my money back - I forgot to state that they had 14 days in which to do so.

I was thinking of editing the original letter and sending that again with the due date highlighted. However, I am expecting another "fee" to be addedd to the account in a matter of days, as a result of it being over it's limit. The account being over it's limit as a result of them adding a "fee" for me going 89p over the limit once they had added on their "interest.

Is it a good idea to wait until the account is no longer in a "fee charging" state before I send the letter again?

[Tinkerbelle]

Well surprise, surprise. Still no response from Crapital One

Not even a leaflet to say that this is our complaints procedure!

Question for Forum Members - I said erlier that I had forgotten to put in my letter to them that they had 14 days to respond. I am thinking of sending them the letter again ammended to reflect the 14 days notice. I will send this via their online system and via letter.

What do you think?

[norvernrob]

Although you didn't actually say 14 days in your letter, that is a more than reasonable time for you to wait for a large company to reply. Don't bother giving them another 14 days, wait until the original 14 is up then send the LBA.

If they sent you a letter for money you owed them and you ignored it, how long do you think it would be before they sent another or were on the phone asking for it? Not very!

[Tinkerbelle]

True! Looking forwarrd to Monday..LBA will be in the post!

[Alleycat]

If it helps, we got a reply the day I sent the LBA letter. They do tend to be a bit slower than the others, but they at least addressed the concerns rather than just sending out a completely irrelevant sorry for your complaint letter.

[Tinkerbelle]

I take it you mean they paid up!!

[Alleycat]

No, only sending a cheque for £40. Well at least thats £40 closer to the total they owe of £436 and will help with court fees.

[Tinkerbelle]

Still not a dickie bird from Capital one, so I have taken great pleasure in modifying the Library Template to that shown below.

Any comments / feedback is most welcome


========================= ================
Legal Compliance Specialist
Capital One Bank (Europe) plc
Trent House
Station street
Nottingham
NG2 3HX



Dear Sir/Madam,

CARD/ACCOUNT NUMBER: xxxx xxxx xxxx xxxx

Further to my letter of 10th April 2006 requesting a refund of unlawful charges applied to my account, I am disappointed to see that you have chosen to ignore my request.

I would once again like to 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. The regime of fees which you have been applying to my account, in relation to Late Payment Fees and Overlimit Fees are unlawful at Common Law, Statute and recent Consumer regulations.

I calculate that you have taken £xxx.xx on which you have charged additional interest, and I require this payment in full.

If I do not hear from you within 14 days of the date of this letter, then I shall without hesitation, begin a claim against you for the full amount, plus interest plus my costs and without further notice.

Yours faithfully,

[Tinkerbelle]

Well whadya know!!

Just logged into my online account and the "wonderful" people at Crapital One have credited my account with £40.00 on the 20th of April. An Overlimit Fee and a Late Payment Fee respectively

I guess this must be their way of acknowledging my letter seeing as they didn't bother wasting ink to let me know otherwise!

Well it could not have come at a better time... I can use it to pay for the moneyclaim that I'll be submitting when they fail to respond "satisfactorily" to my LBA (Which by the way goes off today!)

[vijaynagaraj]

Similar situation here, received a letter back from capital one saying that they feel their charges are legal and fair and the OFT was only suggesting that 12£ could be a fairer charge with which capital one disagrees. As a gesture of goodwill they'll knock off 40£ from my total charge of 500£.

will be sending them a claim shortly.

[Tinkerbelle]

At least you got a letter!!!

[Tinkerbelle]

Well stone the crows! :o

Got home this evening to find a letter from the lovely people at Cap1. Shame it's one day too late! I wonder how they would feel being slapped with a Late Payment Fee????

Anyway, usual bog standard letter from our mutual friend Robery Udy (pp D Wilmott). Our charges are fair, you signed T&C, we disagree with OFT, make sure you pay on time and stay in your credit limit, as a goodwill gesture we have refunded 40 quid to your account, blah...blah....bloomin blah...

Well today they should have received my letter before action notification which I sent them yesterday. I'll reply saying thanks for the money, but my letter of the 25th still stands. Pay up by the 8th May or see you in Court buster

Wow!!! This is like, sooooooooo empowering

[Don Quioxte]

sounds like a fairy tale..

all in control... i'm a wee bit frustrated in that I know they have refunded the £40 to my account (tho I haven't yet received a standard bog off, that's all yer gonna get letter from them) which means I am havin to hang out till the 14 days are up before I can LBA the bandits...

If I receive a a letter from Mr Udy (what sort of a stupid name is that - maybe he's related to the underside of a bovine) in the meantime, then of course I will send LBA in direct response..

Good luck

[Alleycat]

I must say its really very nice of Cap One to be giving us the money to file our claims isn't it, , shame some of the other banks and cards aren't as generous!!

[ppauls150]

Received exactly the same letter yesterday with all the jargon you mentioned bla bla this bla bla that. lol They gave me half of what i asked for plus since then i have been charged a further £40 so will be sending them a letter before action thanking them for half the money but will be taking them to court if they dont give me the whole ammount back.