Breadline V Cap one

breadline · 20th April 2006, 16:28

Data Protection Act sent 20th April 06,
£10.00 postal order,
Recorded Delivery.

I have had 2 maybe 3 accounts with them over 6 years. So I advised in the letter that it covers all accounts and statements from my initial contact with them, I hope this will be ok.

BL

breadline · 26th April 2006, 16:00

Letter recieved 25th April
from kathrine Blunt

Advising reciept of my letter and that the information i requested will be sent on as soon as she gets it.

bl

breadline · 20th May 2006, 18:10

Cap one charges £827

sent request for repayment of charges on 13th May 06

14 days is up 27th May.

( I should of updated all my cases on here sooner, Its very confussing, i have 4 money claims and 2 data release failures going on since i joined here LOL, such a cool site.)

Definately using this site as an action calendar is so beneficial.

BL

breadline · 25th May 2006, 23:38

WOOHOOO
Cap one have offered me £40 for each account. £80 they are sending the cheques in the post. DO THEY THINK IM STUUUUUPIED

My reply will be along the lines.

"Thank you for your offer of £80 regarding your goodwill gesture, however i will not be presenting them at a bank, but however I will bring them with me to court.

Where I am sure you will have the option to repay the remainder of my money therefore i will present to my bank, the cheques along with the cheque for the remainder of my charges.
or
You may have the option to write up a cheque in full, for my charges, plus interest, plus expenses. Where upon I will return the cheque's in question to your representative on the day."

Yours Faithfully

xxxxxxxxxxxxxxxxxxxxxxx

sound any good??

breadline · 2nd June 2006, 00:08

Recieved 2 cheques, now will photo copy them as proof of reciept and add them to a letter advising as written above.

Has any one else recieved cheques from Cap one and still gone to court?
In what way did you include the cheques with your request, minus the cheques or full request and not us the cheques?

BL

Janet-M · 2nd June 2006, 01:22

If you are offered any money back you must accept it but tell them that you will still be claiming the remainder of your claim .If it is offered in full and final settlement or has any other conditions applied ie:confidentiality then you must make it clear you accept the money but not in full and final settlement or any of the other conditions.

JMio · 2nd June 2006, 22:24

I got a cheque for £40, paid it in today as it happens.

That came after my Prelim letter.

Along with their response to my LBA( Arrived on the 14th day!) came an offer of a further £144 along with a Full & Final Settlement form.

Their problem now, Small Claims Court it is.

breadline · 3rd June 2006, 03:09

IM concerned with the cashing part if it definatley will not jepordise my claim then i suppose i will accept it.

The letter stated it was a goodwill gesture.

I know if I hadnt wronged anyone I certainly would not be giving them £80.

Thanks for the advice.

BL

breadline · 26th September 2006, 17:28

i accepted teh cheques and advised it is in part payment.

Also have just sent in my LBA, had to give time due to other claims goty a bit lost with out the web access.

Sent LBA with a calculation of charges, which showed the interest which would be claimed in court minus the £80 refund already given

BL

breadline · 28th September 2006, 12:50

Offer recieved prior to submitting Money Claim.
Dated 22nd Sep 2006

Advising charges will be reduced to £12 and they will refund the remianing difference.

However the remaining difference still equals more than they have offered and a paragraph in the letter makes no sense atall ive copied it below.

Ive reviewed your accounts and, as a matter of goodwill. i'd like to reduce teh fees weve added to them to £12. iv'e refunded£76 on your masterCard account which i'll send to you by cheque. So i Can do refunds totalling £172 on your Visa Account, please sign and return teh settlement form i've included Once i get it back i will send a cheque for this amount

( ive had a refund to date of £80...none of this paragraph adds up or makes sense?)

I dont want to accept and close the complaint.

off to search the forum for a good reply.

BL

breadline · 7th October 2006, 23:50

recieved another cheque for £76 meaning a total of £80 and £76 have been recovered. £156.

still none the wiser to the jubbled paragraph in the letter.

I shall write back an and advise i accept the £76 and will continue proceedings to reclaim the full amount.

Also i have just discovered teh 8% is not allowed and its the same % they charged me or none atall. That is going to bump my claim up. thank god i found out before money clam.

Proves it was in Caps one best interest to settle claims when asked for them. My cliam would be closed by now

breadline · 11th October 2006, 21:24

sent a letter back today 11th October accepting the cheque against my claim, i revised the interest @ 29% as i was sent a contract with no date on it, and the interest was 20.5%.

However I have held 2 accounts with Cap one, so i explained in the letter untill the second dated contract can be produced to confirm when the interest commenced then i will be claiming 29% and they can argue the fact in court.

I will await a responce a week i think and then file money claim.

breadline · 28th October 2006, 12:07

Letter received today 28th Oct
Its going to take us a little while to look into your situation and come back with a detailed response. We'll do everything we can to get an answer to you within four weeks of this letter.

If for some reason our investigations take longer than four weeks we'll contact you to tell you why this is.

thank you very much for being patient while we collect the information we need.

Mr Udy.

Of course i will allow them 4 weeks, NOT!!!!

BL

breadline · 28th October 2006, 13:06

My short responce im tierd of them now, Will just Money claim on Monday.

In response to your letter advising you will need a further 4 weeks to collate information.

May I remind you that my first contact with your office was on the 20th April 2006, since this date I have requested on 3 separate occasions that all charges be returned.

On these 3 occasions I have been very fair with the amounts that I had requested there fore, as you continue to postpone the inevitable. I bring conclusion that you find it acceptable to add legal costs against the amount I will be requesting in court. I also confirm that your refusal to pay monies owed to me and allowing the case to go to court that you also accept that on such day a disclosure of services to charges will be presented.

breadline · 18th November 2006, 22:33

Cap one are suffering from some confussion, they have offered to refund another £172?.
But MCOL already entered. 17th Nov

elizabeth1 · 18th November 2006, 23:32

Wait till you get your money before you cancel the MCOL - just to make sure you get it.

Well done!!

breadline · 19th November 2006, 09:32

im not they owe me £661 plus £80 legal fees.
The £172 is what they have paid already i sent a letter advising as such and that i want the remaining balance, They sent a reply saying sorry to hear you are unhappy with our service we will reefund teh £172 LOL

they didnt even read my letter properly. Must be sooo busy

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