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.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
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  1. #1
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    Default Cap 1 - Nice try

    I had a credit card with Cap 1 a number of years ago but I got into difficulties repaying and ended up with a number of overlimit & late payment charges. Last May I remortaged my house mainly to pay my ex off but to also get rid of my debts.

    Cap 1 accepted 80% of what I owed them as Full and finalicon settlement - leaving them with a write off of about £110.

    What do you know a year leter I found out thier charges are unlawful and ask them just how mcuh they had charged me. £80 they said. I promptly thanked them for the information and asked for my £80 back.

    They informed me they had now reduced thier charges in line with OFT ruling and are willing to refund the difference £40 ( it should have only been £32 but I want it all so I didn't bother to mention it) to my account as it was partially settled and they would inform the credit reference agencies accordingly.

    NICE TRY - I am disputing the whole of the charges and as my payment in May 2005 was in full and final settlement of the balance I have no outstanding amount to pay.

    I registered my claim & they have until next Friday to submit a defence or give me my money back.

    What are they like?

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  2. #2
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    livelylad Authoritative livelylad Authoritative livelylad Authoritative livelylad Authoritative livelylad Authoritative livelylad Authoritative livelylad Authoritative livelylad Authoritative livelylad Authoritative livelylad's Avatar

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    Default Re: Cap 1 - Nice try

    Quote Originally Posted by ellielou
    I had a credit card with Cap 1 a number of years ago but I got into difficulties repaying and ended up with a number of overlimit & late payment charges. Last May I remortaged my house mainly to pay my ex off but to also get rid of my debts.

    Cap 1 accepted 80% of what I owed them as Full and finalicon settlement - leaving them with a write off of about £110.

    What do you know a year leter I found out thier charges are unlawful and ask them just how mcuh they had charged me. £80 they said. I promptly thanked them for the information and asked for my £80 back.

    They informed me they had now reduced thier charges in line with OFT ruling and are willing to refund the difference £40 ( it should have only been £32 but I want it all so I didn't bother to mention it) to my account as it was partially settled and they would inform the credit reference agencies accordingly.

    NICE TRY - I am disputing the whole of the charges and as my payment in May 2005 was in full and final settlement of the balance I have no outstanding amount to pay.

    I registered my claim & they have until next Friday to submit a defence or give me my money back.

    What are they like?
    EDIT bar stools!

    **Moderator Note: Edited due to libelous content.






    I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

  3. #3
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    Default A RESULT .... well nearly

    Got a letter from Cap 1 on Friday offering to pay the whole claim of £130

    However, after reading to the bottom they will pay £65 to my account (the amount outstanding) and the rest by cheque.

    I don't think so. The account has been closed for well over a years and they accepted my offer of payment as Full and finalicon settlement therefore I have no outstanding balance with them. (plus according to my records the amount they chose to write off was £110 not £65 )

    Anyway sent them a letter on Monday saying that I don not accept their offer, forwarding them a copy of their confirmation that my payment had been accepted as full and final settlement and that I will now expect to receive a cheque for the total claim amount of £130.



    Halifax 1
    WON - £1,355.49 21/07/06
    MINT
    WON - £273.81 14/09/06
    First Direct
    WON - £913.50 01/09/06
    Capital One
    WON - £130.13 03/11/06
    Halifax 2
    WON - £188.03 01/12/06

    Kensington Mortgages ERC
    MCOL for £6,204.39 Discontinued
    Halifax Mortgage Admin fee
    WON - £10.00
    Direct Line Mortgage Redemption Fee
    WON - £99.00
    Halifax 3
    MCOL for £109.01 reg 07/03/07

    http://petitions.pm.gov.uk/redemptionfees/
    Please sign this petition x

  4. #4
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    Default Re: Cap 1 - Nice try

    Just received a letter confirming they will repay the whole £130 which should be with me within 14 days!

    I got there in the end. They'll try anything to get out of refunding these charges

    Halifax 1
    WON - £1,355.49 21/07/06
    MINT
    WON - £273.81 14/09/06
    First Direct
    WON - £913.50 01/09/06
    Capital One
    WON - £130.13 03/11/06
    Halifax 2
    WON - £188.03 01/12/06

    Kensington Mortgages ERC
    MCOL for £6,204.39 Discontinued
    Halifax Mortgage Admin fee
    WON - £10.00
    Direct Line Mortgage Redemption Fee
    WON - £99.00
    Halifax 3
    MCOL for £109.01 reg 07/03/07

    http://petitions.pm.gov.uk/redemptionfees/
    Please sign this petition x

  5. #5
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    Default Re: Cap 1 - Nice try

    Just sending the folks at Capital Oneicon a letter of the same effect Full and finalicon settlement menas just that no outstanding balance to pay so could they plese send the £71.66 they are taking out of the charges settlement. Sending copies of letter stating the agreement for full and final settlement and bank statement showing payment cleared by deadline! plus there letter saying it takes 28 days to write a cheque........... erm 28 seconds to print it lmao!!!!

    Glad to see that you had success getting the amount from them makes me more hopeful!

    llktwelch


  6. #6
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    Default Re: Cap 1 - Nice try

    Quote Originally Posted by ellielou
    Just received a letter confirming they will repay the whole £130 which should be with me within 14 days!

    I got there in the end. They'll try anything to get out of refunding these charges
    well done


  7. #7
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    Default Re: Cap 1 - Nice try

    Cheque for £130.13 - full amount received on Friday.
    Just shows what they'll try and get away with

    Halifax 1
    WON - £1,355.49 21/07/06
    MINT
    WON - £273.81 14/09/06
    First Direct
    WON - £913.50 01/09/06
    Capital One
    WON - £130.13 03/11/06
    Halifax 2
    WON - £188.03 01/12/06

    Kensington Mortgages ERC
    MCOL for £6,204.39 Discontinued
    Halifax Mortgage Admin fee
    WON - £10.00
    Direct Line Mortgage Redemption Fee
    WON - £99.00
    Halifax 3
    MCOL for £109.01 reg 07/03/07

    http://petitions.pm.gov.uk/redemptionfees/
    Please sign this petition x


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE