Capital One - late payment fees

[bibbaliz]

I have been trying to get my late payment fees returned since december. I am now at the stage where they have returned the amount of £88 into my account but they say that they are not refunding the rest of the money as they are in line with other companies by charging me £12 per late payment.
Should I pursue the full amount of my claim or should I accept that I have to pay the £12. The total amount is £132.

[cheddar]

Persue it as per the step by step guide. Start a thread and have a read of the Capital One forum here: http://www.consumeractiongroup.co.uk/forum/capital-one/

[bibbaliz]

I have went through the full procedure with Cap One and have taken them to court. The case was due to be heard in two weeks time but today I received a letter from them telling me off for paying late blah blah blah but then saying that they were putting the amount I was suing them for back into my account. The question I want to ask is do I have to accept this or can I say that I want a cheque from them and I will continue to pay off the balance which I owe. I am paying very little interest on this and only pay £10 per month so I would prefer the cash. Also the amount which they are taking off my account includes the £39 which I paid to the court. Any advice welcome

[redsonja]

Bibbaliz, they did this with me and I wrote back to them saying I had requested cheque in all my letters and I will continue to court unless they issue me a cheque within 7 days. They sent me a cheque!
Dont cancel court action until your cheque has cleared.

[bibbaliz]

Thanks redsonja - the crusade goes on!!!

[redsonja]

Good luck, but you should be fine

[davenport445]

i too have a claimwith cap 1 claimed £480 they sent chq for £180 not good enough so i have started mcol claim fingers crossed we will win

[bibbaliz]

Hi Davenport, you don't need to cross your fingers - you will win! I have just been given back all the late payment fees plus interest plus court costs. They did not contest it. I know this is being a bit pernickity but they paid the amount of interest which I had put in the court papers up until the 4th April, but I had said that the interest would continue until date of settlement - so they owe me the princely sum of £2.70 - which I have written to them for. They also said in their letter that they still had the right to charge me for any future late payments made to them - I did not accept this. Anyway good luck and I would be surprised if you needed to actually go to court with this one.

[davenport445]

hi bibbaliz
i got back from my hols sat and the letter was there waiting saying that they are willing to pay me the full sum and should get a chq within 14 days but when i checked mcol it has changed from saying claim ackowledged to defence so is this normal i do not have the chq yet pls advise as i have no clue

[moonriver]

Hello everone

This is my first posting here, I was redirected from Martin's site and need your help.
I have rec'd final offer from Cap One £248 (claim £632 exc. %).
I have refused this offering the chance for them to pay the £632 to avoid % and costs.
I now need to prepare for next stage. I am thinking small claims but do not know how. It's a Scottish claim.
Thanks for any help.

[bibbaliz]

Hi, some months ago I received part of my claim against Cap One and was told by them that they were keeping £12 per late payment fee as in this was in line with the OFT guidelines. I did not accept this and took them through the small claims system in the Scottish courts. It cost me £39 and I claimed for the full amount still due to me plus interest at 8%. They did not contest it and I was refunded the amount back into my account leaving me with smaller balance still to pay. I thought about holding out for a cheque but decided to accept it into my account.
It is quite a simple to claim in the small claims court. There is a templet which you can use in this site and all you do is follow the guidelines, take it to the court, pay your £39 and you will be sent a date for the court case. I know that some of the companies are fighting back but I still think it is worth £39 to give it a go and when you win you will get the £39 back. Good luck.

[moonriver]

Originally Posted by bibbaliz

Hi, some months ago I received part of my claim against Cap One and was told by them that they were keeping £12 per late payment fee as in this was in line with the OFT guidelines. I did not accept this and took them through the small claims system in the Scottish courts. It cost me £39 and I claimed for the full amount still due to me plus interest at 8%. They did not contest it and I was refunded the amount back into my account leaving me with smaller balance still to pay. I thought about holding out for a cheque but decided to accept it into my account.
It is quite a simple to claim in the small claims court. There is a templet which you can use in this site and all you do is follow the guidelines, take it to the court, pay your £39 and you will be sent a date for the court case. I know that some of the companies are fighting back but I still think it is worth £39 to give it a go and when you win you will get the £39 back. Good luck.

Thank you Biibaliz. Well done you! This is just what I was looking for and I will send claim on Monday. I have offered CO the chance to pay up 'till 30th....I know there is little or no chance but they can't say I've not been fair!
It'll be £39 well spent. I'd be happy with refund being put on my account.
Take care.