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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

Why don't you come and introduce yourself in the Welcome section at the top of the forum. Then have a look around the rest of it.
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Old 18th May 2007, 10:36   #1 (permalink)
LouiseB24
Basic Account Customer
 
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Default Me V Cap One

Well I finally got round to filling a court claim with Capital one.
Received the acknowledgment form - So they have 28 days for today.
Again the form is ticked too 'We intend to defend all of this claim'

Im just a little concerned about that news story where TSB won there court case.
Just wondering how easy Cap One are to give the full £470 back now?

Just a case of sitting and waiting with nerves!
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Old 18th May 2007, 14:10   #2 (permalink)
adamc6671
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I am in: Sunny Suffolk
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Default Re: Me V Cap One

Hi Louise

From reading a lot of the Cap1 threads on here I've noticed that in the past they have settled very soon after the CC claim was issued to them. However in your case it would seen they intend to push it further, but if they do, don't worry. Read up all you can, get it right (plenty of help available here on CAG!), and all the indications are that you will get your money back.

Will watch your thread with interest - Adam.
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Old 18th May 2007, 14:31   #3 (permalink)
Paintball
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Default Re: Me V Cap One

Not wishing to make you nervous, but do you have or could you get hold of your T&C's?
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Old 18th May 2007, 15:32   #4 (permalink)
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Default Re: Me V Cap One

Hi Louise

The Lloyds win was because of the preparation for the day in court was incomplete. It's business as usual for the rest of us. If you have to go, get the terms and conditions ready to take in with your court bundle.

We are all, behind the scenes scurrying around compiling t&c's for use in the bundle. Don't worry .. not long now by their history..

Uk
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Old 19th May 2007, 03:43   #5 (permalink)
LouiseB24
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Default Re: Me V Cap One

Hi

The only way I can think of getting them is via there website maybe?

Do I need to read them ? Is it advisable to get hold of it?
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Old 19th May 2007, 03:52   #6 (permalink)
LouiseB24
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Default Re: Me V Cap One

Urgh forgot to mention - In my first letter asking for re-payment back to me I asked to have my default moved (My experian report states I have one with them)
I got nothing mentioned in my 'letter of goodwill'
Now that ive filed the C/case and Cap One have acknowledgment is it too late?
I only have 1 default and id like it removed.
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Old 19th May 2007, 10:21   #7 (permalink)
c_allen
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Default Re: Me V Cap One

did you put the default on your claim?? if not you'll have to amend your claim, i think it cost £35, but it's worth doing if you have to, don't accept any offer that doesn't include the default, keep the claim whole
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Old 31st May 2007, 10:10   #8 (permalink)
LouiseB24
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Default Re: Me V Cap One

Well - Got a letter this morning - They dont want to go to court, So I will be getting my cheque for £474 within 2 weeks :o)!!
Only thing is, they dont mention the default which I put in the first letter.
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Old 31st May 2007, 10:34   #9 (permalink)
adamc6671
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Default Re: Me V Cap One

Well done Louise - many congrats! Achieved in only 2 weeks as well!!!!!

All the very best - Adam
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Old 31st May 2007, 17:32   #10 (permalink)
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Default Re: Me V Cap One

Well done Louise, a phone call to them reminding them of the default removal. You need to keep this as a package. Default removal and full refund will only be accepted. It's your call though whether you accept.

Uk
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Old 31st May 2007, 19:21   #11 (permalink)
LouiseB24
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Default Re: Me V Cap One

Thanks Adam

UK - Would a letter (Is there a template) be any good?! Im not a talk person on the phone/ wouldnt know what to say ect?
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Old 1st June 2007, 10:42   #12 (permalink)
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Default Re: Me V Cap One

Amend this to your needs Louise. Did you put the default removal in your POC's?


YOUR Street
Town
City
Postcode

Date

BANK NAME
Address
Address
Postcode
Re: Account number XXXXXXXX

Response to settlement offer.

Dear [named sender or Sirs]

Thank you for your letter dated xx/xx/xx. I wish to stress that I will accept your offer as partial payment only towards my claim. The money transfered to my account should not be viewed as my acceptance as a full and final settlement. As my Particulars Of Claim state, i have requested the removal of a Default on my Credit Files.As County Court action has commenced, any negotiated settlement of this claim must include the fees refunded, default removed, interest and court fees. Failure to comply with these points in any settlement offer means that it would not be a full settlement of my claim, and therefore unacceptable. I am a reasonable person and would be happy to negotiate to bring proceedings to a close, but in the absence of any serious attempt at settlement on your part, you can be assured that I will pursue this claim in the most vigorous manner. Should you wish to settle my claim in full, then please remove the default from my credit files without conditions, and I will inform the court that the claim is settled.

I trust this clarifies my position.

Yours faithfully

[signature]

[print name]
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Old 4th June 2007, 15:00   #13 (permalink)
LouiseB24
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Default Re: Me V Cap One

Uk


No I didnt put it in the Court claim. Just the money refund. Can I still send this, As this was in my first original letter - not in the court claim?

I dont really want to bugger this up even more, So is it best to leave it?
Would be such a great help if it could be written off tho.

Louise
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