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Patricia Pearl - Small Claims Procedure - A Practical Guide
An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.
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Old 9th March 2007, 10:23   #1 (permalink)
Basic Account Customer
 
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Cagger since : Feb 2007
I am in: south wales
Posts: 9
harley davies Novitiate
Default Response From Cap One To My Prelim Letter

Hi Guys.

Waited patiently for thier response and all they are prepared to offer is a measly £208 as a gesture of good will. They had imposed late payment/ overlimit fees of £1039 between May 2000 and April 2003 and subsequently added £300+ fees when their collection agency took the matter to Court.
Mr. Udy claims that they have dropped their fee in line with otherts but hopw he calculates that the value of a good will reduction on 58 separate charges is £208 beats me.
Nevertheless, I would appreciate advice as to what to do next - should I just ignore this and go to the next stage of sending the LBA as acceptance of this lousy offer is seen by them to be the closure of my complaint.

Thanks
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Old 9th March 2007, 10:36   #2 (permalink)
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lips37 Novitiate
Default Re: Response From Cap One To My Prelim Letter

Hi, Reject offer and send them an LBA letter for the full amount.
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Old 9th March 2007, 10:42   #3 (permalink)
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Default Re: Response From Cap One To My Prelim Letter

Yes, carry on and stick to your timetable, they are consistantly offering the £8 difference between the £20 they charged and the £12 'allowed' by the OFT report. Ignore this, it's not what the OFT report says and a penalty is a penalty unless it reflects true cost.

Good luck !
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Old 9th March 2007, 13:07   #4 (permalink)
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harley davies Novitiate
Default Re: Response From Cap One To My Prelim Letter

Thanks for the advice. However, I am now rather confused as to what I should include in my LBA as wanting to recover. My total charges were £1039 up to April 2003 and I have calculated that the interest they have charged me up to then on these charges was £333.25. At the time that their collection agency placed the matter in court the claim made was for £1211.26 plus costs. Since the court hearing in June 2004, I have paid a substantial sum to the agency as agreed by the court. What about this money? can I claim this back as well? Any Ideas please?
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Old 9th March 2007, 16:17   #5 (permalink)
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lips37 Novitiate
Default Re: Response From Cap One To My Prelim Letter

Hi hd. 1st of all have you thought about recovering your compound charges from capital one as this will proberly double your claim thats what im doing at the moment ive got a claim for £400 but with the contractrial interest @ 29.94% it brings this total to £874.00.

Yes you can claim back the money from a dca.
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Old 9th March 2007, 16:43   #6 (permalink)
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Default Re: Response From Cap One To My Prelim Letter

Quote:
Originally Posted by harley davies View Post
Thanks for the advice. However, I am now rather confused as to what I should include in my LBA as wanting to recover. My total charges were £1039 up to April 2003 and I have calculated that the interest they have charged me up to then on these charges was £333.25. At the time that their collection agency placed the matter in court the claim made was for £1211.26 plus costs. Since the court hearing in June 2004, I have paid a substantial sum to the agency as agreed by the court. What about this money? can I claim this back as well? Any Ideas please?
Have you got a CCJ on this ?? If so then you must continue to pay that..Claim everything back off of Cap1 BUT in your LBA demand that they 'set-aside' the CCJ + you want to caim back the legal expenses of that said CCJ (Which I'll guess at a figure of £90 odd quid)...You could well get the CCJ set aside if the figure for the CCJ was made up of mostly charges.
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