Scrumpy v Capital one

[Scrumpy83]

First post to community so firstly hi to everyone.

Right I was using moneysavingexpert when i started the claim process and Im claiming for capital one and abbey. (will open abbey up in seperate thread/section)

Capital one,

Went through all the statements i had for past 6 years year, 9 missing but wanted to move fast before OFT make a ruling.
I calculated £280 charges and £47.43 statutory interest. Totalling £327.43
I sent of my letter as per "MSE" template.

allthough i wanted a reply within 14 days of my letter on the 1st March it came after 20, but conveniently dated the 14th March. anyway, thats petty. They are basically offering me £192 covering the "Difference" between £12 and £20 charge they say.

14 charges i know of multiplied by £8 difference = £112
+ 10 charges i dont know of " ------ " -------" = £80 ( OR A GOGW? )

and by the looks of it an extra 80 quid on top.. or another ten charges NOT COVERED IN MY ORIGINAL QUOTATION.

as it stands they are crediting me £192 on March 25th Statement. Do i ask for the remainder £135.43 or threaten court action over the full amount?

should i just be grateful or not and give in? if i have not made a mistake and OFT make a ruling against claiming the FULL CHARGE just the difference above £12 then im only going to get an extra £23.43.
unless i get my missing statements and check it over in more detail.

And although its harder to get, Is now a good time to up it for the contractual rate of interest in a letter or file the court claim with this amount?

Please help,

Many thanks in advance for your words of wisdom,

Scrumpy

[martinhw]

DONT GIVE IN!! Claim for the full amount. Send the a letter stating that you prepared to accept the offer as PART payment and remember that interest can be charged daily so the longer they take the more they will need to pay.

Another thing dont assume they have paid anything when you make your claim. Check that the money has been paid in.

[Scrumpy83]

thanks for the reply,

yes I shall check my online banking after the 25th to confirm it has been credited to my credit account (which is all paid off anyway ).

Yes I will fight on for more.

Do I need to make a point in a return letter that In no way do i accept in settlement but will gladly take it as a down payment if they are accepting to pay the full amount of £280 charges + Interest (I take it now I keep quiet about what kind of interest so i can demand the higher contractual if it is not settled before Court claim?) ???

Many thanks,

[Blueloobylou]

Hi Scrumpy,
How strange, Cap One also offered me £192 stating that was the difference between the £24 and £12 charges I had had. So, either we have had exactly the same amount of charges (unlikely) or £192 is just their standard figure they offer out.

As Martin said, dont give in! Claim every single penny back from them that you can. Its YOUR money, not theirs.

I would just send them a letter back thanking them for their offer but you do not accept it as full and final settlement and will chase them for the rest in court if necessary. You'll probably find they withdraw their offer but it wont matter as you will be claiming that back along with the rest anyway.

Good luck.

[Scrumpy83]

ok so i did that, a letter similar to that of an LBA. I sent a letter on April 11th saying that i did not accept it as settlement only as a partial payment although it was settled in my account and my credit balance is £200 in credit now. I aslo asked for a replacement credit card so i can spend my balance. and told them I will pursue for the remaining figure through the courts if they can not settle.


I dont even have a working credit card with them at the moment as they cancelled it because an old card was handed in... worrying where that came from. I'm Yet to receive a replacement or a response so we shall hold tight. Ill update when i hear more or file my claim.