This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

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- Consumer Action Group

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

The scarlet pimpernel returns for a big grats and kudos to the both of you for detailing your thread so well

I'm off back to the shadows to lurk a bit longer now. Damn life for being so busy eh?

Letter received today - full settlement:

Dear reload,

 

I write in connection to the above court claim, which you have issued against Capital One Bank (Europe) plc. I have now had the opportunity to investigate your claim of £456.57.

 

It is denied that these fees are unlawful as they are detailed in your terms and conditions in our welcome pack. Our fees are based on the costs we incur when a customer breaks their contract by missing a payment, paying late or going over their credit limit. The fees are only levied when a customer breaches their contract in this way and can be avoided if payments are maintained and the balance kept within the credit limit.

 

Capital One has acted in accordance with the terms and conditions of your credit agreement through this matter and it is clear you have no claim against Capital One. Whilst we do not accept liability for the claim, I have in an effort to resolve this matter without the need for a court hearing, refunded £456.57 to your account. This refund has cleared your balance and left your account £250.09 in credit. I have arranged to send you a cheque for this amount today and it should arrive within 14 working days.

 

These refunds are made purely as a gesture of goodwill and we will now defend this claim on the basis that we have refunded the correct amount.

 

I must advist you that going forward, we may still add fees to your account, if you do not keep it up to date. We will automatically charge fees if you miss a payment, pay late, your balance goes over your credit limit or if your direct debit or cheque payment is returned unpaid. If you do not agree to these terms, I would respectfully request you consider closing your account.

 

I hope you are happy with this resolution and I request that you contact the court to let them know about the settlement so we can avoid taking up valuable court time.

 

Your sincerely,

 

Graham Daley

Executive Office

For and on behalf of Capital One Bank (Europe) plc

So - FULL SETTLEMENT OFFERED

One point to raise about the letter though: If I have no claim, why the f*** are they refunding me? Bunch of morons.

Hi Karen,

The usual bullyboy tactics, it seems. Feel free to send them a note stating that you are willing to accept the payment in partial settlement of your claim, but that you will be pursuing the remaining balance through the courts. This is the correct course of action for partial settlement offers.

A lot of the letter just looks like their standard template response generator kicking up the usual garbage that even the person signing does not read. It'll certainly be useful in court should it come to showing the judge the letter

Hot damn, connection was down at work today so only just seen this.

Can I now say "Told you it was worth sticking out?"

Claim filed - total of £456.57 including court costs and interest

Thanks for the advice ragsta, well spotted - amended accordingly. Was just testing, honest

Seems I'm using the older version of the particulars of claim. I'd suggest anyone else entering a new claim uses the newer vesion available on the link ragsta provided

Ello all, been a while since I've helped out/updated my threads etc, been a mite busy 'out there'. Anyway - Moneyclaim to go in later

Another month, another overlimit fee charged. Once the cash comes in from this one, this account is most definately being closed down. 40% interest rates my nipple!

I have a contract with Capital One Europe (Plc), account number xxxxxxxxxx opened in 05/05 and conducted on their standard terms and conditions. I am claiming return of money taken by the defendant in the way of charges totaling £384. As a disproportionate penalty these charges are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. I have repeatedly asked the bank to justify their charges but they have declined to do so. I claim interest under section 69 of the county court act 1984 at the rate of 8% a year from (29/08/2005) to (31/10/2006) of £22.57 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.08. I therefore claim a total of £406.57 (£384 + £22.57 interest).

Flying boobies?

Dear reload's mum,

 

RE: Sort code: xxxxxx, Account number xxxxxx

 

I refer to our letter dated of 25 September 2006.

 

May I say how sorry I am to learn that you feel the bank charges you have incurred are unfair. In your correspondence you have referred to elemnts which you feel support your claim. Barclays is aware of the information you have drawn to our attention. I must inform you, however, that we disagree with your view.

 

When an account is opened with us, our customer is provided with a copy of the Terms and Conditions relating to the use of their account; including details of our charges. This information clearly explains our obligations to our customers, as well as their obligations to us. If we make any changes to the Terms and Conditions, we provide details of these changes to our customers in line with the Banking Code. Details of our Terms and Conditions, along with our charging tariff, can be obtained at any of our branches., or via our internet site, http://www.woolwich.co.uk/barclays.co.uk (erm, what?).

 

Despite my comments above in relation to your views, on this occasion, and without any admissions of liability, I am willing to offer the sum of £375.00 towards the total amount you are seeking. This is with the cost and inconvenience inherent in a further dispute in mind and is intended as a gesture of goodwill, in full and final settlement of your complain. If you would like to accept my offer please sign and return the enclosed form in the pre-paid envelope provided. I will arrange for the payment to be credited direct to your account within seven working days of recepit of your acceptance at this office.

 

If you wish to discuss this letter, or you feel there are further issues I need to consider, please contact me on 020 7116 4561, or on our free phone number 0800 282 390. If you are dissatisfied with my proposal for resolving your complaint you may ultimately be eligible to refer to the Finiancial Services Ombudsman Service.

 

The leaflet sent with our letter of 25 September 2006 explains our complaints process and provides details regarding the Financial Ombudsman Service.

 

In accordance with our standard practice, if I do not hear from you to the contrary within eight weeks from the date of this letter, I shall assume that your complaint is resolved and close my file.

 

Yours sincerely

 

Laurence White

Customer Relations Manager

Enc: Acceptance slip, pre-paid envelope

Sooo... again looks like fairly standard proceedure on this one.

Thing is though, mother dear doesn't want the hassle of a court case - so she's asked me to accept it. And there I was looking forward to sinking my teeth into Barclays' ankle

Oh well, partial settlement is at least something I guess. I would though like to say - don't settle for it if you have the choice!

Hiya,

Yep, posting the AQ to the court is fine. Do not forget the AQ fee (where applicable - If your claim is over £1500 and you're not claiming benefits, for EG).

You should have received a copy of Lloyd's defense with or slightly before your AQ. It'll be worth giving the court a ring and asking them what happened to it.

Not quite Chris, 28 days from the date you received Notification of Service from the court. Given that you filed on 22nd September, you will probably have received this on or around 24th/25th. 28 days from there would put Lloyd's deadline for filing a defense around the 22nd/23rd.

Hi Chris,

When you say 'claim acknowledged' in your earlier post, was the claim acknowledged by Lloyds or by the Court?

In other words, did you receive a note from the court stating that 'The defendent has acknowledged the claim?', or was it a 'notification of service' from the court?

The reason I ask is that if it was the latter (Which I'm fairly sure it is, thinking about it), the 14th of October date is the period Lloyds have to acknowledge your claim. This buys them a further 14 days, so it appears they have done so - in effect, they have 28 days from the date you received the court's notification of service.

In short - end of the month is roughly when you should expect to receive a copy of Lloyd's defense. In the next few days you will likely receive a copy of Lloyd's acknowledgement of service.

Excellent stuff Stevo. Another one bites the dust

At a guess I'd say you're 100% correct cat - higher the population density, the more claims will be going through and the longer it'll take. Still, can't be too far to the end of the road now. Patience is a virtue and all that

Waiting with baited breath

Good stuff Sue. Fingers crossed for you

At least you can keep a sense of humour about it Molly

That's the way it goes unfortunately Phil. Stick with it, there's light at the end of the tunnel and it's not an oncoming train for a change

Not long now Freebird. Stick with it!

Fingers crossed for you Gary. Be interested to hear the outcome!

... but that'd make far too much sense

Good wishes duly wished

£35 on some counts, £39 (:o) on others WW - they are a slippery bunch too, as you so aptly put it

You can expect them to drag it out to the final phase. In various threads, Lloyd's favoured solicitors (Sechiari Mitchell and Clarke) have been quoting as stating to claimants that they offer settlements in order of court date received. Think that sentence says it all