Hi

I made a claim against Capital one about the charges in 2014 by sending the first letter then followed by LBA.

On 14th April 2014, I received a letter from Capital one refused to refund the charges and they stated in their letter

“Financial regulations require me to advise you that this is my final response in relation to this matter.

If you fell I have not resolved your complaint to your complete satisfaction,

you now have the option to contact the Financial Ombudsman Service with six months from the date of this letter.”

I know I should have taken the case to the court sooner after I received the rejection letter for the claim.

On February 2017, I decided to make fresh claim and I send LBA,

Capital One replied to my LBA by saying

“Please refer to our letter dated 14th April 2014,

which was our final response on this complaint.”

Also the keep saying I had the chance to contact FOS within 6 months from the date of our final response.

My question is can I still file a claim through a small claim court?

capital#21_02_2017.pdf

capital#16_11_2016.pdf

capital#14_04_2014.pdf

Yes you can...

How much do they equate too though>?

don't forget you have to abide by the new pre action protocol now

it changed 1st oct.

dx

do you mean the new debt protocol. would it apply to such a claim, it not being a claim by a business for an individuals debt

Yes because it works vice versa... Claimant claims money for charges etc

Yes because it works vice versa... Claimant claims money for charges etc

the new debt protocol says '...This Protocol applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual...'

ps

could you imagine a bank/business having to fill out the reply form, and income and expend form, and seeking debt advice from cab etc. that would be interesting.

Hi

I send a Sar I. 2014 and received the whole pack as usual.

However the statement is back dated from 2002 even the a/c was open in 1999.

Between 2002 and 2004 there are about £500 of charges in late and cover! Iimit fee.

My question are

1) Should I file a court claim ignoring the charges before 2002?

2) Is possible to file a claim directly to my near county court ?

Thank you for your assistance

can you show in evidence any charges before 02

best bet is to use mcol

Hi Ford

I have not use MCOL before, I prepared POC ,however my POC doesn't fit in MCOL claim . Do i send the Poc and schedules separately? Also is there any template for a short statment for MCOL.

Thanks for a your assistance

Noumidia

have you had a look at their brief guide

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/639667/MCOL_Userguide_for_Claimants_August_2017.pdf

if you're not comfortable doing the extra re the PoC, then it may be easier for you to do it on paper.

see what the guys suggest.

broken link above, try this one

https://www.gov.uk/government/publications/money-claim-online-user-guide

Hi Ford

I think, MCOL it's little complicated and I am more comfortable with filling N1 as I did against Barclay and Lowell. As the claim is over 5k I want to make sure everything is right, Cap1 are more harder to deal with but take my chances with them as they give me hard time 10 years ago default,CCJ and charging order which still stand.

As the claim is over 5k...

if you're thinking 5k re small claims, the small claims limit is now 10k

forgot to add

also, now, a paper n1 for a fixed money claim should be sent to the money claims centre, salford.

the fee is also a bit more when doing paper.

Hi

I went today to my local Croydon County Court to hand my N1 as my Poc does not fit MCOL's Poc,

sadly all counter services were shut down few months ago.

If phoned MCOL help line and advised to send the N1 to Salford with the fees as a cheque or a postal order

however, i don't have a cheque book anymore.

MCOL advised to send the extra Poc to the defendent within 14 days of the claim being issued with a covering letter and fill the N215.

My question is

1) Does anyone has a template for a short statement to fill up the part5 of MCOL form?

2) Do i need to tick the right to claim interest under the county court or not to tick it and include the county court interest in Poc?

Thanks in advance for any assistance

did you not see my last three posts re, inc the user guide!

Do meant the reply dated 23/11/2017, with the two link to gov.uk and I don't need the user guide and I needed a template of short statement to fill up the part5 of MCOL form.

Claim filed today through MCOL

Anyone know how is the fees for allocation questionnaire, few years ago was £40. I couldn't find it in Ex50 leafle as the deadline is 29 January. Any assistance would be appreciated and thanks

it is defended then?

no fee for aq, it just needs to be completed and filed in time.

you didn't see the user guide info i posted then.

Hi Ford

Probably I missed the link, but thanks for the reply and I am not forgetting your assistance last time when with a successful claim against Barclay card in 2013. I am pleased you are still around.

Thank you

sorry, to double check,

you are the claimant?

at what stage are you at

have they defended, and it is now proceeding after you have paid the fee to continue?

you may need to pay a fee

Anyone know how is the fees for allocation questionnaire, few years ago was £40. I couldn't find it in Ex50 leafle as the deadline is 29 January. Any assistance would be appreciated and thanks

Replaced by the hearing fee which is paid later after allocation and detailed within the Notice of Allocation.....amount ...date to be paid.

Andy

cheers andy.

Hi all

Here is the update of the claim from MCOL

• You submitted a claim on 08/12/2017 at 15:00:42
   
  
• Your claim was issued on 11/12/2017
   
  
• Capital One (Europe) plc filed an acknowledgment of service on 19/12/2017
   
  
• A bar was put in place for Capital One (Europe) plc on 12/01/2018
   
  
• Capital One (Europe) plc filed a defence on 12/01/2018
   
  
• DQ sent to Capital One (Europe) plc on 12/01/2018
   
  
• Capital One (Europe) plc filed a DQ on 30/01/2018DQ filed on 30/01/2018.
   
  

Capital1 is playing Hard ball but I will go all the way until the hearing day and start preparing the defense

what is their defence?

have you done your DQ