Hi there - I also sent a letter copied off the forum for estimated figures had nothing to go by as account was paid up before 2004 so what they sent me wasnt worth the paper it written on. Im now at MCOL stage and have hesitated abit but after reading again thought dam it go for it.

My question is did you change the wording for MCOL from the normal ones we use because of the esitmation of charges and them not supplying a true DSAR.?

Thanks and good luck

Thank you.

Well im at LBA stage and heard nothing from them at all - due to go to MCOL on the 4th November so still waiting I guess till then. I will post as soon as I know more.

Made a claim against Cap One for charges on an old account that went back to 1997 and defaulted in 2001 - gone through the process and today recieved this letter just need advice on wether to accept or not:

I write in connection with the the claim you have issued against Capital One Bank (Europe) plc. I have now had the opportunity to investigate your claim for the total sum of £1148.89. I understand your claim is in connection with the fees and associated interest, that we have charged to you account.

It is denied that the fees are unlawful and they are detailed in your terms and conditions and in our customer welcome pack. Our fees are based on the costs we incur when a customer breaks their contract by making a late payment, failing to make a payment or goes over their credit limit. The fees are only levied when a customer breaches their cintract in this way and can be avoided if payments are maintained and the account kept within its credit limit.

On your form, the total amount you are claiming is £1148.89. This inckudes £675 for fees, £353.89 for the and £120 for the court fees. (their typo error not mine)

Under the stature of limitations, you can only claim for the last six years worth of fees from the issue date of your claim. Therefore, I have looked through alll your statements since October 2000 and I can confirm that we have charged you a total of £285 for the fees, £353.89 interest and the £120.00 court fee. This brings my total offer to £758.89.

This offer is made purley as a matter of goodwill and is put forward in full and final settlement and with no admission of liablilty on the part of Capital one of your claim number XXXXXXXX.

Now the question is do I accept?? do we think the statue of limitations would stand. Weird thing is that although they are offering to pay the fees only from Oct 2000 the interest they are offering is on the total claim ie from July 1997.

What would you suggest?

Recieved my AQ this morning have gone through the blow by blow in the libraries but this is my first so want to get it right.

The claim is def for the small claims as total is £1050 my question is around G. Other Information what are people in general including in there and what supporting docs are they sending or are you just sending the schedule (this was done on MCOL so courts not had schedule yet).

Any help greatly appreciated.

Cheers

Today had defence from that PERSON Smith grrr what a smart a** he is.

Dont want to post too much but need help as I think I have screwed up a little.

Basically we thought the account had been paid he saying due to a problem with the migration from Ass. to Citi the account fell dormant and cheeky git thanks me for bringing a debt to his attention and that in due course will be sold.

Dont want to post too much becuase of what these people are doing and reading but I really need some advice pls pls pls.

Hi

Well I have decided to try it been reading other threads where people are also doing it.

Decided not to go for contractual in the end as because of the dates involved the contractual made the figure unbeliveable even the 8% is more than double the actual charges.

Doing it this way also keeps me below the £5k mark (just) so in this way it will stay in small claims so I will therefore only be gambling with the MCOL fee.

No love lost between us and Natwest so the prelim letter has gone, they will have got it on the 14/10/2006 lets see where it goes from here.

Thnaks Glenn for that ok here is the scenairio then charges between 1989 and 1995 total £1,842.50 - now by changing the interestest in Vamps spreadsheet to 29.5% it comes to a total of £9292.49. Now I hope you can see why I am getting abit gittery about this.

Hi wonder if someone can help totally confused on how I should work out the contactual interest - im going after Natwest for a real old account (abit of a tester really as its for 1989 to 1995 that I have all statements for)

I have used vamps spreadsheet which states for contractual but at moment is set at the 8% - Natwest interest rate was 17.7% arranged and 29.5% unarranged - if I were going for the 17.7% would I just change the % rate in the spreadsheet to 17.7% cant be as simple as that surely - any help greatly appreciated.

Sorry to bug you again Livelylad - you talked how you were going after the 29.5% contractual never done this before where is the best place to work this out ie spreadsheet etc - all the ones I can find are to do with the 8% - totally confused lol

Have read a couple of threads where people are now going to try claiming charges older than 6 years and wondered what peoples thoughts are. Reason for this is I found a file my husband kept for an account we had with Natwest 1988 to 1995 which includes EVERY statement! Having roughly added up the charges I can come to about £2500 just adding the interest they charged at the time but there contractual interest was horrid 17.5% for agreed borrowing (ie overdraft) and 29.5% for unarranged. Not ever doing contractual on other claims, if I go after this one I may try and understand it and go for it.

Just wondered what peoples thoughts are on older than 6 years - I dont mind gambling with the MCOL fee to try...

Hmmm nice thread livelylad - I have been pondering about doing an older claim against Natwest and now reading this I may just give it ago. I found a file where my husband kept all the statements for an account we had with Natwest going from 1988 to 1995 and just added the charges in the region of £2.5k - I think I may be prepared to gamble the MCOL charge to give this ago - will be watching your thread with interest - GOOD LUCK

Just been looking around too to see what I could find found reference under Abbey - the microfiche argument where alonfromderby has posted this letter so going to give that a try

http://www.consumeractiongroup.co.uk/forum/abbey-bank/4031-abbey-microfiche-argument.html

Hi Lisa had exactly same letter as you this morning - this is a real nightmare out of all Barclaycard have been the worst - hope someone can help!

Hi

Could someone tell which address is best to use for MCOL for Bank of Scotland?

Cheers

we did have ppi - cant find the link you are on about would you mind posting here for me.

cheers

Just recieved the statements back from Cap one for the credit card we had but instead of the 6 years they have sent from whent he account was opnened in 1997 so basically a complete set.

What are peoples opinions of claiming or trying to claim further than the 6 years is it worth a try?

Also there fees according to these statements were low in comparison ie originally the charged for Late Payment and overlimit charge - £10 in 1997 rising to £18 each in 2001, is it still worth going after?

The total of the claim is approx £675 so a decent amount.

Thoughts?

Cheers

Can you give me the address you used for you old associates card ie citicards as I think I have sent my dpa to the wrong address.

I can only state for me obviously but my claim was for just £100 less than yours ie £5800 and everything happened in exactly the same way as people who had claimed under £5k - I have had my money from them - so claim it I would say.

It is absolutley normal it is part of the process you will now be sent a letter from D&G offering half exactly what all the rest of us have had. You wont being going to court this is just the way things have to run.

hi got my half offer on the 8th full offer on the 11th and money in bank tomorrow the 16th you aint got long to wait now.

Hi no you just wait got my half letter 8 days after acknowledged so your on track just a few days to wait. Good Luck anycase.

I dont disagree jonni and understand what you are saying - the letter was in the vein of ...dont consider them unlawful ....contact obidsmun, nothing to say thet they would come back and write to me again. Like I said this was my personal choice I know what the advice on the site says and good advice it is.

It is your choice but I didnt wait the way I saw it was in the letter they had kind of stated no and thats it so didnt see thepoint waiting the 14 days as I knew I wasnt going to get anything so sent LBA out straight away it didnt hurt my claim - got full offer last friday - but again ill say it its up to you. Good luck anycase

I cant really part of the exit was a confidentially agreement - but lets put it like this do you think any large bank nowadays does any manual application of standard charges to ALOT of accounts - I DONT! The letters well I would guess that many CC companies have a list of standard letters by number in their system that they could request instantly via a computer system i would imagine there could be anything upto 50+ letters to choose from, but i would also guess that there is alot of manual letters that go out to!! sorry cant help much but still have my fingers crossed for you.

Well done summer way to go - hope you go out today and treat yourself lol. My full offer went back yesterday so I am really hoping to see the same you saw this morning sometime on Monday