Small Claim against capital one starts today....

[jamesmelody]

James Melody
My Address
Research and Response
Capital One Bank
PO Box 5283
NG2 3YJ
United Kingdom

3rd May 2006

LETTER BEFORE ACTION

Dear Sir/Madam,

CARD/ACCOUNT NUMBER: XXXXXXXXXXXXXX

I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges are unlawful at Common Law, Statute and recent Consumer regulations.

I would 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.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I calculate that you have taken £80 plus £0.44 which you have charged me in interest for the sums which you have taken. Total £80.44. This is spread over four instances over a period of 17 months.

I require repayment in full of this money. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

Yours faithfully,




__________________
James Melody

[jamesmelody]

I have printed the letter off today to the address the lady "Pamela" at Capital One gave me.

Let's see how this pans out - I have always been charged for going over my limit - the last time by a fiver!

[alanfromderby]

You seem to be on top of things - keep us posted.

[Don Quioxte]

Hi James, welcome..

make sure you acquaint yourself with the claims process and be prepared for the steps that follow your Prelim letter and other people's experiences - particularly with Capital One cos they are such bandits!

Good Luck

[jamesmelody]

I checked my account online today and I seem to have had £20 overlimit fee and a £20 late fee refunded on the 10th. I have not had any correspondance from capital one. What should I do?

[alanfromderby]

The letter will follow possibly tomorrow - treat it with the contempt it deserves.

[jamesmelody]

Ok, the letter arrived this morning. It seems to be the form letter from Robert Udy.

The letter goes on about Capital One disagreeing with the OFT. He mentions that I agreed to the fees when I received my credit card. As a matter of goodwill he is refunding me £40 of the £80 I had requested.

Should I now reply to the letter or just go ahead and make a claim?

[Don Quioxte]

Ammend the amount you are claiming to show the additional charges they have applied, and consider the £40 goodwill refund.

You then have two options.

1. Reply to Mr Udy saying that whilst you acknowledge receipt of the £40 refund there still remains the outstanding issue of £XX - and you will not consider this matter resolved until you are in receipt of that amount. In light of this fact you intend to file against Capital One fourteen days from date of postmark. Without further communication.

2. File against Capital One for the ammended amount today as it appears you sent an LBA? Did you not send the Prelim?

I would go personally with option 1 as I believe Mr Udy has responded to your LBA as a prelim letter - and once you reply and demonstrate unequivocally that you remain dissaitisfied - they will capitulate and refund the lot (in my case they capitulated on day 14 of my LBA). I only say this as I think you could actually resolve the matter quicker, and without expending money on the claim if you pursue the matter as I did - but this is based on my own experience you must decide for yourself which courseof action best suits you.

[jamesmelody]

Robert Udy
Executive Office
Capital One Bank (Europe PLC)
PO Box 5281
NG2 3HX
United Kingdom

3rd May 2006

Final Letter Before Legal Action

Dear Mr Udy,

CARD/ACCOUNT NUMBER: XXXXXXXXXXXXXXX

I acknowledge of receipt of your letter dated 12/5/2006. I am still of the belief that the charges which you have levied against me are unlawful at Common Law, Statute and recent Consumer regulations


I will not consider this matter settled unless I receive repayment of the outstanding balance of £40.44 as detailed in my previous letter. As a gesture of good will I am prepared to offer Capital One 14 days from the date of this letter to refund the outstanding balance to my account.

If this balance is not credited back to my account by the 30th May I shall pursue a claim through the courts which if successful will make Capital One liable for any costs which I have occurred. Any judgments made may impact on your ability to hold a credit licence.
Any legal action will be taken without further notice.


Yours faithfully,




__________________
James Melody

[jamesmelody]

Is the above letter suitable?

[Don Quioxte]

Originally Posted by jamesmelody

Robert Udy
Executive Office
Capital One Bank (Europe PLC)
PO Box 5281
NG2 3HX
United Kingdom

3rd May 2006

Final Letter Before Legal Action

Dear Mr Udy,

CARD/ACCOUNT NUMBER: XXXXXXXXXXXXXXX

I acknowledge of receipt of your letter dated 12/5/2006. I am still of the belief that the charges which you have levied against me are unlawful at Common Law, Statute and recent Consumer regulations. Therefore I remain confident that should this dispute result in litigation, the County Court will return in my favour.


I will not consider this matter settled unless I receive repayment of the outstanding balance of £40.44 as detailed in my previous letter. As a gesture of good will I am prepared to offer Capital One 14 days from the date of this letter to refund the outstanding balance to my account.

Should the outstanding balance not have been received as a credit to my account by the 30th May I shall lodge a claim for the full amount, plus costs with the County Court following the close of the business day. I shall also reserve my right to apply interest to the claim in accordance with sec.69 of the County Courts Act.

Any legal action will be taken without further notice. I trust that you will now act promptly to resolve this matter.

Yours faithfully,




James Melody

I took out the bit about the Credit Licence malarkey - 'cos personally I don't like it. The FSA/OFT are not going to revoke their Credit Licence whether we feel they should or not. And whilst I absolutely agree with where you are coming from - I just have visions of Capital One laughing at that - and I don't want them laughing, I want them taking you very seriously and acting to refund your money, promptly and without delay.

[jamesmelody]

Cheers I will get that off in the post tomorrow by registered post.

[jamesmelody]

I had a letter in the post this morning from Capital One. They still claim they are acting legally. They have offered to refund me the outstanding £40.44 as a good will gesture. There is a form in the letter for me to sign and return accepting this as full and final settlement.

Should I just sign this and return it? It will mean I have got back all the money I claimed.

[Movingon]

I would write your own letter accepting it, so that you're not saying anything you don't want to say (confidentiality, no claims against future charges, etc).