Firstly, I want to thank everyone here at the Consumer Action Group for the advice, templates, spreadsheets and all the rest. I wouldn't have known the first thing to do in claiming back the unlawful charges applied to my Cap One account.
Big thankyou to Tanzarelli for a very informative thread about his progress with the evil-doers. Good job on the win Tanz!
I started this off in February with the Subject Access Request, then moved on in March with the Preliminary Letter requesting payment with a full summary of charges, plus the 8% statutary interest offer. After getting a £120.00 refund credited to my account (no idea how they worked that one out), I sent them my final response letter:
Snippet from Preliminary letter:
Snippet from FINAL DEMAND letter:
After 14 days, I got the standard whiny template letter from Mr. Udy (obviously the computer in charge), saying that they didn't owe me anything and to basically go away.
That upset me a bit.
I've just printed out three copies of the N1 claim form to take this baby to court. I'm also claiming exemption from court fees due to my current woeful circumstances. I'm all ready to go and put this claim in at Blackpool County Court, but I'm wondering if I should send Cap One a final letter to try and get this sorted without involving the courts?
Bear in mind that my FINAL DEMAND letter stated this:
The thing is, they've charged me unlawfully - again - twice! - this month, even though my letters state that I will be claiming every single charge back. Also, I gave them just an offer of 8% statutary interest, but I want to claim back the full contractual interest for the standard Cap One Classic card; seeing that Mr. Udy has felt the need to mess me around.
I'm thinking of writing a follow-up letter, still offering the olive branch of the 8% interest, but threatening the full contractual interest through the County Courts if they do not accept. What do you guys think about this tactic - should I try for an easy out of court win, or just send the completed N1 forms off charging the full amount + contractual interest?
Any help would be much appreciated. Thanks in advance.