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jennifer.mazzocchi

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  1. Thanks to everyone who has replied so far. I got all excited when the postman came today. A letter from Capital One but sadly just a repeat of their previous standard, run of the mill letter, saying that they were unable to increase their offer. I think that's 3 now of the same computer generated letter from Mr Udy. Obviously the left hand doesn't know what the right hand is doing as my MCOL was submitted back in March. Just hope I don't have masses of forms to fill in and they send a refund soon! Good luck to everyone who is taking on Capital One
  2. The address I am using in the UK is my parents address and they forward on any post which arrives for me, so yes, I do have access. Hopefully, I won't have to attend court as my expenses would far outweigh what I am claiming if I had to do so. Fingers crossed they will pay up. Any idea as to what point they pay - I would like to think I don't have to complete and submit more forms to the court. And, if they do forward a cheque - if - then do I withdraw my claim or what do I do? Thank you
  3. Capital One for me has been and still is, a nightmare! Without going into the nitty gritty, Capital One now owe me more in charges than what I owe them and if I am able to get them to refund these, I will be able to clear this debt once and for all. The only problem is they are continuing to fight back. I have followed procedure and recently submitted a MCOL. However, the amount claimed was for the total of charges over the last six years plus interest. Capital One acknowledged the claim but yesterday entered a defence saying they dispute the full amount I am claiming. I appreciate that I still owe them money (and in fact, due to my current financial situation, I haven't been paying them) but I had hoped that if I was successful in getting a judgement against them, the money they had to refund would initially have the amount I owed them deducted, prior to them sending me a cheque for the balance. What now? I am worried that I may have to attend Court, not because of being afraid to stand up and voice my opinion and outline my case, but because I am now living in France. Would I, for example, be able to claim additional expenses if I was successful for my travel costs to the UK and accommodation. I would also incur expense of having to take my kids with me; putting animals in kennels etc etc. Any advice would be much appreciated especially on what I am expected to do now. I know lots of forms will be being sent to the address I have listed in the UK for correspondence. Thanks for reading!
  4. Capital One for me has been and still is, a nightmare! Without going into the nitty gritty, Capital One now owe me more in charges than what I owe them and if I am able to get them to refund these, I will be able to clear this debt once and for all. The only problem is they are continuing to fight back. I have followed procedure and recently submitted a MCOL. However, the amount claimed was for the total of charges over the last six years plus interest. Capital One acknowledged the claim but yesterday entered a defence saying they dispute the full amount I am claiming. I appreciate that I still owe them money (and in fact, due to my current financial situation, I haven't been paying them) but I had hoped that if I was successful in getting a judgement against them, the money they had to refund would initially have the amount I owed them deducted, prior to them sending me a cheque for the balance. What now? I am worried that I may have to attend Court, not because of being afraid to stand up and say what thieving !"££££*&^ they are, but because I am now living in France. Would I, for example, be able to claim additional expenses if I was successful for my travel costs to the UK and accommodation. I would also incur expense of having to take my kids with me; putting animals in kennels etc etc. Any advice would be much appreciated especially on what I am expected to do now. I know lots of forms will be being sent to the address I have listed in the UK for correspondence. Thanks for reading!
  5. Does that mean I can relax and give my eyes a rest from reading pages and pages of mind boggling information (my goat will be pleased that at long last he's going to get fed today). Has Capital One also disputed all of your claim? And do you still owe them any money? Presumably, they will deduct anything which is owed prior to sending a cheque (ooh am I sounding more confident now?) Thanks for your reply! Jennifer
  6. Some 5 years ago my hubby suffered a stroke as a result of which, he was off of work for 8 months. During this time we found it difficult to make payments on our credit cards and as a result Capital One imposed late payment fees/overlimit charges onto the account resultant in which, I have submitted a claim through MCOL for the full amount of the charges they have taken. The charges far outweigh what I still owe to them and when I submitted my claim, I put the total amount owed in charges, plus interest - I didn't deduct what I still owed to them and just assumed they would hopefully not enter a defence and pay me back the difference after they had taken off what was still due to them. I've just seen on the MCOL website that Capital One has entered a defence as they dispute the amount I am claiming. Help, what happens now? I am confused by all of the procedures on the H M Courts website. What doesn't help is that I now live in France although my address for correspondence is in Kent. Does this mean I am going to have to return to the UK to defend my claim. Please, please, please advise. Oh, and I should hasten to add that I haven't been paying my Capital One account as I haven't been able to afford to make any repayments. Am I likely to have to pay more costs to the court now that a Defence has been entered? I am not worried about going to court but I do want to know what exactly I should be doing and in "layman's terms" please!
  7. Thanks for your reply - maybe I am not so dumb after all! Good luck to you as well
  8. Hi and thanks for your reply. So, even though they acknowledged the claim before it was even deemed "Served" I still have to wait the 33 days and to be one hundred percent accurate, if it is deemed served on 18th March, then is it 33 days including the day of service (18,19,20,21,22,23,24,25,26,27,28,29,30,31 March, 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19 April) and if a defence isn't entered, I can ask for judgement on 19 April? The way I read it was 28 days from the date the claim was served (in this case, deemed to be 18th March) in which case, if a defence wasn't entered I could ask for judgement 28 days after, namely 14th April? I am confused (but that isn't difficult in my case)!!!
  9. Capital One has applied £1106 in charges to my account for late payment and over limit fees. I applied to them for a refund and they offered £408 in settlement (the difference between the charges and the £12 recommended by the OFT). I wrote to say I would accept the £408 in partial settlement but their response was £408 in full and final settlement, or nothing basically. I submitted a MCOL on 13 March 07 and this is deemed as served on 18 March 07. However, Capital One acknowledged the claim on 16 March 07 which means they (as the Defendant) is allowed a total of 28 days from the date from when they were served with the claim to reply. I need to know if the 28 days starts from the day of the acknowledgement of the claim (i.e. 16th March 2007) or from the day it was deemed as served (18th March 2007) because by acknowledging it two days before it was effectively served confirms their receipt of the claim. I am also starting to wonder if perhaps they are trying to "Hang it out" given that the OFT is supposed to making a new announcement at the end of March/beginning of April and as such, if they use the £12 as part of their defence, will I still be able to claim for the difference plus interest, plus court costs, or will I have to amend my claim. I am getting confused now. Also, if Capital One defend their claim, will they be forced to disclose their actual costs? And if they do defend, what is my next step? Help, help, help!
  10. In 1986 my partner at the time and I purchased a property in joint names and took out a joint mortgage with what was then, Leeds Permanent Building Society, subsequently changing to Halifax plc. We subsequently went our separate ways and I continued to pay the mortgage despite it being in joint names. When LPBS was taken over, the Shares were allocated, without my knowledge, to my ex partner, who was first named on the mortgage. I wasn't too happy as you can imagine as he sold the shares and benefitted from the proceeds. However, to cut a long story short, I did over the years find it difficult sometimes to maintain the mortgage repayments (an Endowment Mortgage - again, he held and paid for the Endowment policies which I also discovered were in his joint name) as a result of which several charges were applied to the mortgage when they sent out letters to me (well us, because despite the fact he didn't live there, nor was he making any contribution - the mortgage was still in joint names). These charges were at £25 a time and I feel sure there are quite a few of them. I have written to Halifax requesting they refund these charges but they have replied by saying the application should be signed by both parties and if they do consider any refund both parties will need to sign accepting these. As I don't have a particularly good relationship with my ex, this is not goiing to be an easy task and if I succeed in getting any refund, knowing him for the money grabbing person he is, he will want half. I have written back to Halifax asking them to provide a copy of my original agreement to his receiving the full entitlement of Shares and am awaiting their response. I have reluctantly also written to my ex asking him to sign an authority - I have given him 3 options - 1) for any refund of charges to be paid to me in full (I am hopeful ha ha) 2) for any refund of charges to be divided equally between the two of us or 3) for any refund of charges to be divided between myself and my daughter. I have sent this recorded delivery to him. However, how do I proceed if he doesn't give his authority - quite possible given our relationship - can I still pursue Halifax? Any advice from anyone would be much appreciated.
  11. I applied to Barclaycard for a refund of all charges paid and they have written to say as a gesture of goodwill they will refund the difference between the OFT recommendation of £12.00 etc etc. I have responded by saying I will accept this as a partial refund but will pursue them for the remainder. In my letter, I asked them to provide a breakdown of their actual costs to which they have replied: "Barclaycard is not under any obligation to provide a breakdown of their costs. As previously mentioned we believe itis fair that when people break the terms of their agreement with us, we recover the costs involved". It will obviously be necessary for me to file a claim for the balance of the charges as they appear to have totally disregarded my statement that I am accepting their partial offer but will pursue them for the rest through the court. In addition, they have put a further 2 x £12 charges on my most recent statement for 1) Late payment fee and 2) overlimit charge. A £600 limit is now well over £1200 due to the charges that have been applied to the account. Do I write back to them and say I will be pursuing them through the court for the balance and also state that I will be asking them to disclose the actual amount it cost them each time I incurred a charge?
  12. I recently submitted a letter to G E Money asking them to refund charges applied to my Evans account and these were refunded in full, as a "Goodwill Gesture". I received a letter from Richard Wynn-Davies, Head of Customer Support, G E Money, PO Box 700, Leeds, LS99 2BD - in fact, once they refunded the charges, my balance was in credit. This success prompted me to write to them again asking them to refund the charges applied to my Debenhams account. I sent my letter on 24th November and to date, have not received any reply. However, the Debenhams account has been passed to a collection agency so I sent them a copy of the letter. The collection agency has emailed saying the debt has been assigned to them and therefore all correspondence should be via themselves. Does anyone know what I should do in this instance? Do I continue to pursue G E Money for the refund of charges, if necessary, taking them to court because I feel certain if all the charges for late payment fees; overcredit limit etc were to be refunded, likewise, the balance would be cleared. Help please?
  13. No, I didn't specify an amount - I just said that I calculated that owed me quite a considerable sum. Hence, I have now had to apply for SAR because I don't know the amount (we've recently moved and I think I may have got rid of statements).
  14. I suppose I did things slightly ar*e about face. On 23/10/06 I sent the standard template letter to Royal Bank of Scotland plc requesting they refund the charges which they had levied on the account over the last 6 years etc. etc. A reply, dated 03/11/06 from MINT, Chargebacks and Disputes, Customer Service, PO Box 6050, Southend on Sea, was subsequently received which read: I understand you wish to have all charges applied to your account refunded. Although the OFT produced a statement on 05/04/06 concerning the nature of these charges, we do not accept their findings in respect of credit card fees. Although a response has been submitted to the OFT I do not feel it pertnent to comment at this time. Whilst strongly disagreeing with the findings RBS has lowered the fees charged to £12.00as of 28 June 2006. However, we do not feel claims for monies processed prior to this to be refunded to the lower rate. The charges were processed in accordance with the terms and conditions of the account of which you agreed when opening the account and I do not feel your comments surrounding any unlawful action, on behalf of RBS, to be justified. Indeed, it is the non compliance of the conditions of agreement, which were not met which subsequently affected the charges to your account. Any charges or default registered against the account was due to a breach of the contract you had signed with RBS in order to obtain the Mastercard account. Therefore, it is not possible for any adverse action taken against your account to be refunded or removed as you had been provided with opportunities to avoid such situations at the time and the appropriate action had not been taken. I trust I have clarified the Bank's position in this matter. Signed, Adam Porter, Senior Customer Advisor, Customer Care Team. Just out of interest, their letter of response had 2 dates on it - on the right hand side, 7th August 2006 and on the left hand side 3rd November 2006. It was received by me on 08/11/06. I replied on 08/11/06 saying: I am very disappointed with your response etc. etc and requesting repayment in full of this money stating that if they did not comply fully within 14 days I shall begin a claim against them. It was at this point that I realised I could not locate my statements and so on the same day sent a Subject Access Request together with £10 postal order and this was acknowledged on 16 November advising that copy statements will be sent to me within the 40 day timescale, detailing the required information. RBS has not acknowledged my letter of 08/11/06 in relation to my request for the full refund of fees and until such time as I receive the copy statements I cannot commence my claim. Does anyone have any advice on how to proceed now - I obviously cannot take the action threatened in my letter of 08/11/06 as I do not have the information. Can I just sit tight until such time as I do have it or do I have to start from scratch?
  15. I can't seem to find how to start on a new thread from the Home Page. Guide me through the process, please nicely! Thanks
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