Taken ages to make a start on this one but finally sent prelim letters off for 2 accounts with Cap 1. I paid a 'reduced' amount to a DCA some years ago for 1 account and another DCA are pursuing me for 2nd (although have been advised in dispute). I marked 14 day deadline on calendar (7 July) and prepared my LBA.

Got a letter today relating to one account which was really really nice and fluffy and offering me money back! Well, when I say nice, the amount they were offering me wasn't particularly nice - in fact it was less than half the amount I was claiming in charges alone - let alone interest!

They state that the OFT has challenged the level of default sums and as such they are reducing the amount I was charged to £12 and giving me an extra £20 as an acknowledgment of interest that I may have incurred. Was a bit puzzled by that bit as they know I have incurred interest as they were the ones that charged it - and it was considerably more than £20!!

Anyway going to decline their offer via my LBA and see what happens!

Got a bit of a query if anyone's on?

Been reading other threads and there are a couple who have asked for CCA?

If this goes to the court stage, which I assume it will, do I need a copy of my original credit agreement and the terms and conditions that I signed up to at the time??

You don't need a copy of the original agreement if you arejust recaliming charges. The T&Cs mwould be useful if it ever got to court but seeing as there is as much chance of that as Elvis performing aat Glastonbury, you don't need to worry too much

Thanks Steven - will bear it in mind and see how we go. I am challenging them on 2 accounts and got a similar letter today regarding the second account, once again offering me about half the amount I am claiming and then very kindly offering to let their DCA know that they only need to threaten me for a reduced amount!

The funny thing is that the amount the DCA are chasing me for is about the full amount of charges levied by Cap1 - interesting! I was wondering whether to reply saying, thanks for offering me half the amount you owe me - how about I pay this to you and you accept half the amount you reckon I owe you!!

LBA on second account off today.

Oooh D Day is here!! Heard nothing from Cap 1 with regard to my LBA so as 14 days now up it's time to take action!

Think read somewhere not to use MCOL with credit cards for some reason so will have a go at the N1. Fingers crossed won't take too long!!

That's right, do not use MCOL, your claim will be automatically be on hold thinking these are bank charges.

Keep us posted. . .

Completed N1 but just got to wait for Medicash cheque to come in and pay the £65 court fee!!!

LBA sent for second account today.

Got a letter from Cap 1 in relation to my 2nd account. Says the OFT hasn't told us that they are obliged to refund any default sums and they have offered refunds as a gesture of goodwill - how kind!

They also say that as they have sold my debt to Robinson Way and while they are happy to honour the refunds they have offered, I need to contact them directly to arrange repayments.

They won't provide a breakdown of their costs as this is confidential business information and they look forward to recieving my signed settlement form so that we can put this behind us and save the courts valuable time.

Is this their usual response?

YES. This is their usual kind of letter

Capital One only payout after you file at court usually within 28 days so stick to your guns and YOUR timetable not theirs.

Carry on with this claim as you have with your 1st claim and just wait for your money to arrive!

And as they have sold the debt, make sure you stipulate repayment of charges is to come to you as a cheque, or they'll either use it to reduce the balance or say they'll pay it to the DCA!!!

Jackiej

If they have sold the debt, you will have a default registered against you on your credit file. If the default was issued as a result of the charges, then demand that they remove it in the settlement.

Thanks all for your comments and support. Checked with the court today and they have recieved my N1 and POC but they have not yet sent it out to the defendant but will do over the next couple of days.

They have given me a case number - do I need to note this anywhere?

Please send case number, court, amount, bank (Cap1) to a member of the site team to include in the litigation database

Will do Steven, got my letter today confirming they have until 3rd October to reply as deemed served from today.

Defendant filed an acknowledgement of service on 23rd September 08.

They intend to defend all of the claim and theynow have 28 days from date of service to file a defence.

Now, I need to work out the 28 days timeline but do I need to start preparing a bundle at the moment or should I just hang on until I recieve a copy of their defence?

When does the allocation questionnaire get sent out and does it usually go this far with Cap 1 - can anyone help???!!!

Crap One always say they are going to defend - but they won't. You'll probably get a letter from them very soon offering the full amount of your claim. This will probably arrive before the defence does, along with a request from telling you to discontinue. Don't discontinue until you are satisfied that the money has cleared into your account. If there is a balance outstanding on your card they will use the charges reclaim to reduce/pay off the balance and send you anything left over by cheque.

Hi sorry to butt in here, i have taken cap 1 to court for charges, interest and defualt and all aderse info removed, they have said they are going to defend all the case but i got a letter from cap 1 this morning saying that they will pay in full charges interest and court fee and remove the defualt but will not remove late payment markers from cra's, also they have contacted the court to say they have paid in full and i should contact the courd to discontinue the case now, what should i do next, are the late payment markers just as bad as default? if i say no they havnt settled in full because of the late payment markers, how should i now go about it because their deadline to defend is thursday, and how do i know they will still remove default if i discontinue the case??

any help is appreciated and sorry to bump thread.

My best advice would be not to discontinue, if you want the late markers removing as well.. Refuse their offer, keep the claim intact and keep it going. You would have a better chance of getting the lot if you keep it altogother. However, I'm not sure about whether late payment markers are as bad as defaults. Wouln't have thought so, although obviously they are not good. If it was me, I might well take what they are offering and live with the late markers. I suppose they would argue that you were late in paying, so they would be justified in leaving the late markers on your file. Not sure what others would advise. At the end of the day you have to go with what's best for you, at the time, in your situation.

Hi all,

Just to let you know, Cap 1 have paid out in full and removed the default!!!

Thanks for all your help and donation on way via cheque.

Got a second account with Cap 1 so N1 off today and fingers crossed for that one!!

Thanks to everyone for help and can site team change title of thread to "won!" :-D:-D

Well done Jackie - great news!

(title changed)

Hi Jackie, congratulations on winning ur claim. Im in the same position. I lodged my claim against capital one a few weeks ago but because the court told me the wrong amount for the fee it has taken them near 2 weeks to refund me and the claim will only be lodged this week

Anyway, i just wanted to know, ur account was passed on and so was mine. Im paying back my account to Capquest, will this hold my claim up??? When u won how long before u received ur money?

Any help is much appreciated