thanks presume i need to do that in writing - as havent seen anything on the MCOL site to state payment made, just the start warrant bit.

After first recieving a further offer of £1,300 which i rejected (they had deducted £450 odd pounds of the interest incured on the fees), time ran out for Cap One on 6th September 2006 (at 00:01 AM ) and i filed for judgement by default. Judgment issued 6th September for settlement of £1,799 Today recieved a letter from Cap One dated 5th September (1 day before time ran out) stating they agreed to settle in full. So either way i have won havent i ? as i went for judgement by default do i need to inform the courts once my check arrives ? or do i need to do anything else except wait for the check ?

I had previously received a partial payment offer before money claim, the difference between the charges and £12. This time they basically left off the £450 interest incured on the charges - im guessing they handt actually ready my prevuous letter to connect it up with the court claim

This is what i intent to send - does it look ok ? do i need to put without predjudice ? Further to your letter dated 22nd August 2006, advising your are prepared to offer a good will payment of £1,303.88 I accept this as partial settle towards the full amount of £1,799.11 but still require the outstanding amount of £495.23 to be refunded to me in full. The amount being claimed of £1,799.11 is made up of £ 896 in fees, £450.23 of interest incurred as a direct result of the default fees, £332.88 interest under section 69 of county courts act 1984, and £120 court fee. The list of fees were obtained as a result of the 6 years of statements sent by Capital One following my Data Subject Access request in May 2006. Both the £896 in fees and £450.23 in incurred interest as a direct result of these fees were mentioned and included as an attachment to my letter to Capital One dated 3rd July 2006, which was responded to by Robert Udy on 12th July 2006, and further mentioned in my letter before action dated 17th July 2006. Yours Sincerely,

Ok have another thread going but no one ever seems to reply in there to questions for help so i thought i would ask in a new thread link to old thread http://www.consumeractiongroup.co.uk/forum/capital-one/13483-spikey-capital-one.html Basically i have been through the usual process - DPA, Prelim, LBA, MCOL The list of charges totalled £896 plus the interest Cap One earnt on those charges of £450 (this was calcualted from Vamps spread sheet) Filled court claim against cap one for total amount of £1,799 split £ 896 fees + £450 interest + £333 8% interest + court fee £120 Cap one acknowledged claim stating they intend to defend. Have today recieved a letter from Cap one offering settlement of £1,303 split £851 fees + £333 8% interest and £120 court fee. Basically what they have done is taken the first 3 months of charges off stating statute of limitations is for 6 years and taken it from August (date i filed claim - not when i first asked for the month back) and removed the interest incured on the fees as per vamps spreadsheet (this isnt the 8% interest). Question is should i accept this offer or write back saying may thanks your offer which i accept as partial payment however i still require the $450 interest incured on the fees ? I have 7 days to reply to Cap Ones offer and 28 days for the court is 5th September. Would really appreciate some guidance here - i can see the end of the road but dont want to blow it for the sake of an extra £450 Also i am right in thinking that i can claim for this interest incured on the charges - from all the threads i have read it states i can, MBNA even calculated it for me and paid it. Thanks in advance

MCOL filed - served on 8th August, notice of acknowledgment recievedon 7th August - they plan on defending in full. Now just a waiting game i guess

I have had two late payment charges from BT - i deduct each one from the amount i pay. Not sure of the legality of this - to me it seems that same as the bank charges - plus i have not, to my knowledge, ever seen, signed or been told of these charges, as such surely it is a change in contract that they can not uphold. Comments welcome as i am about to get another bill with yet another late payment on it (total will now be £15)

What number did you ring ? try this one 01244 672628 Strange as i have spoken to two women there Yvonne and Rachel - bot very helpful

Julie you have a PM

Help please - its getting close to my 14 day dealine on the LBA - plan to start money claim soon but need to know if i should do it before i go on hols or after i get back - basically i go on hols 6 days after the 14 days on the LBA is up. Thanks

Quick question - its now just 7 days till the LBA deadline and i file in Small claims court - problem is i go on hols soon and, should i wait util i get back to file the small claims court or file before i go away - if i file before i go away can i just wait until i get back to see the outcome ? or should i be in a position to know how my claim is going ? This is of course presuming that they dont decide to settle up in the next 7 days

Recieved standard reply - our fees fair, good will of difference between fees and £12 (although they didnt calculate this right !!!!) LBA sent.

If you have just sent the prelim letter, then now send the LBA stating that you accept their offer as partial payment to the full amount, also ask them to give details of the costs they incure to show that the fees they have been charging are fair. Then give them 14 days (doubt you will hear anything) then go money claim. If you have already sent the LBA and 14 dayes are up then go to money claim now

He he - no problem - sounds like it worked out very well for you

Credit Card reduced to zero balance and check received in post for remaining balance. Survey completed and donation made. All finished now

Did you ask her to calculat the interest ?

I held back saying it was settle until the amount had been refunded to my card. I did speak to a few people at MBNA and have to say every one of them was very helpfull. Basically they want to resolve these matters as quickly and painlessly as possible and certainly dont want to go to court. If anyone one wants details on how to get the matter resolved quickly drop me a PM, there are reasons i dont want to say how on here and will explain in the PM

MBNA agreed to settle - didnt even need to send a prelim letter - phone call was all it took

Personally if this is on a credit card i would give them a ring and ask them to send you the list of fees and to calculate the interest incured on the fees. You sould be polite when speaking to them and you will get the list of fees and interest in around 2 - 3 days after the phone call. Also you have a Private Message

Just logged into my account online and noticed a late pay fee - but its now only £12 instead of the old £25. Looks like MBNA have acted on the OFT maximum.

Prelim going out today Thanks

Claude, First off it is probably better if you keep all your posts in one thread rather than creating a new thread each time. Second, as has previously been advised to you - have you read the FAQ and step by step guide ? the reason i ask is that you say you sent away for £750 plus 8% interest - you do not add the 8% interest until you file the court claim. Please, if you havent already, go read the FAQ and step by step guide, make sure you are fully aware of what needs to be done before proceeding

Update. Spoke to MBNA again last week, was advised that the list of fees was sent out to my new address and i would recieve later that week, i asked if it was just a list of fees or full statements so i could work out the interest incured, was advise that it was just a list of the fees, after some twoing and frowing MBNA agreed that they would send another letter with the list of fees and they would calculate the interest. Letter for list of fees arrived Thursday Letter with list of fees and interest arrived Friday Funnly enough in their list of fees with interest they made one mistake by putting an extra £20 charge in - however the final figures listed at the bottom of the page are correct (i know this as i typed out all the fees into excel spread sheets).

Ok here is my take on this matter of interest on Credit cards. My first was with Cap One - they sent all my statements for the past 6 years - then i used the excel spread sheet in the template libary (vamp's one). On the right side you put the list of fees, date and amount, then on the left the date, amount of interest charged for that month and the card balance as a negative figure - the spread sheet then works out what interest was applied to the fees that had been taken to the date - it works very well. Next i contacted MBNA - all i got back (eventually) was a list of fees and the date, knowing how much the interest can add up to i rang MBNA up , after a bit of twoing and frowing we came to the agreement that all i wanted to know was how much interest had been applied to the fees, MBNA said they would work it out and send to me, true to their word they had done this and my letter arrived this morning, listing all fees and the interest charged to the fees - looks about right comparing to what my Cap 1 interest worked out to be. So if you want to know what interest you need to claim back, just give MBNA a ring and asked them to tell you On Credit cards - trust me it is worth getting the interest - on my cap 1 card with £800 fees over 6 years the interest was £450 with MBNA interest on £900 f fees over 6 years is £350

Suggest you give them a ring - i had same issue as you wanting to know how much interest i had incured - was told they would work it out and send in post rather than waiting for my ID and sending statements out. Number to ring is at the end of "this is war" thread. I will be able to see if they are short changing me on the interest as Cap one did send full list of statements and i know the interest incured on that amount over 6 year (£890 fees) came to £450 (interest incured on CC soon mounts up - first month was only 12p - by the end each month was around £10 of interest). The spread sheet in the template forum done by Vampire works very well for credit cards, just put in the amount of interest, date and the amount you owed on the card as a negative figure for each month)