As I was receiving phone calls almost daily from Legal & Trade, the DCA for Cap One, I sent off a letter to them demanding that all correspondence be in writing from now. I received a letter from them today. A Notice of Formal Proceedings if I don't stump up what I owe them. Thing is I stopped making payments to my account a few weeks ago. Can they start proceedings against me? I'm trying to get the court forms filled to start legal proceedings to get my bank charges back but I'm having difficulty with the spreadsheet. It won't calculate the 8% judicial interest for some reason although its calculated the interest on the charges. I need to get this done and quick. Can someone please help??

I downloaded the simple Works version of the spreadsheet. It has calculated the interest on all of my charges but not the 8% judicial interest right at the bottom of the sheet, I didn't make any changes to the formula but it's still at zero.

A couple of months ago i had an unauthorised overdraft of about £4.46 or something like that.......a very small amount...later that month I received my statement which stated they would be charging me £30 for the overdraft and £20 as one of my standing orders was not paid due to there not being enough funds in my account!! I phoned and explained that I thought this was very excessive for an overdraft of £4!! After a lot of humming and hawing she offered to overturn the charges "on this occasion"!!! But I felt like she was giving me a slap on the wrists and saying do not do that again!! Absolutely unbelievable!! Dunno if they would do that again, maybe I was lucky as I hadnt been in the red with my bank in the last 12 months and thats why they reversed the charges? But for goodness sake!! £50 for being £4 overdrawn???? A bit much dont u think?

Can someone please help me with the spreadsheet? Ive got it all filled in apart from the 8% judicial interest. That amount is still at zero, do i need to add anything to the formula to get the calculation?

Hi Mark, The first thing I would suggest is to have a read through the FAQ's, all the information you need is in there, I know it seems a bit long-winded and time-consuming but believe me its well worth the read in the long run. Also have a read through the threads on the Abbey forum,these will give you an idea of how to go about getting your money back......click on the search tab at the top of the page and type in "Abbey". Hope this helps.

My claim with Capital One is for £1,200+ so do I fill in a small claims form or a summary cause form?? I am so confused! and scared!

Got a reply to my LBA from Robert bloody Udy! "Thank you for writing back to me about my refund offer of £345.60. I'm sorry to hear that you feel this is unacceptable. As I mentioned in my previous letter, this refund reflects the recommendation of the Office of Fair Trading. I won't be increasing this amount, as it's my final offer. As you haven't accepted this in final settlement of your complaint, I can't refund it for you. You've mentioned that you intend to commence court proceedings. Financial regulations require me to advise you that this is my final response in relation to this matter. However, you do have the option to contact the Financial Ombudsman Service within six months from the date of this letter. Their contact details are in our complaints leaflet, which I included with my last letter. As I mentioned in my previous letter, I can't remove the default notice from your credit file as it was recorded correctly. Once again, I'm sorry you feel my offer is unacceptable, and I'd like to wish you well for the future."

They offered me a goodwill gesture too which only amounted to about a third of what they owe me...I sent an LBA. Received a reply yesterday from Mr. Udy refusing to increase his offer, if I'm not happy I've to contact the Financial Ombudsman within the next 6 months. I'm about to fill in the court forms.

I've to send them the original and keep a photocopy for myself

My card had a £200 limit, the fees spiralled it to nearly £1000 which I have been paying, my balance now is £297 therefore I have paid nearly £700 to them

I emailed Royal Mail with all the details and apparently then can find no trace of it so they want me to send my Recorded Delivery proof of posting to them by post

Your letter seems to have done the trick Jubie ...... well done! I had a reply from Debitas, AFTER the phone calls from the other DCA that my account's been passed to, saying they were sorry I was unhappy but my account has now been passed to another company and was no longer being dealt with by Debitas......I still don't know why they've passed it on, I made my payments every week and I'm paying more than I originally agreed last September. Do I have to make an agreement to now pay this shower? I told the woman from Legal & Trade I wasn't willing to set up another standing order as I already had one set up and the money was being paid every week to Debitas......what should I do? I received a letter today from Legal nitwits with bank giro slips attached stating that my first payment should be received by them by 15th September and weekly thereafter. What will happen if I continue making my payments to Debitas? To tell you the truth I can't be a***d setting up another standing order and cancelling the Debitas one.

Hi Sem, so they don't settle til they receive the court papers? I'm claiming from Cap 1 too. I sent my LBA for £1,249.51 to them last Friday (1st), it was delivered on the 4th. They've got til the 18th but I'll be away on holiday by then and won't be back til the 23rd.

Got a reply to my prelim letter offering £345.00 as a "goodwill gesture"!! Mr Udy says this is the difference between their £20 charges and the £12 the OFT suggested is fair.......yeh well he knows where he can put his "goodwill gesture" LOL I want my £900 back plus interest!! Sent off my LBA on 1st September with a little note saying I'll accept his offer as part payment but will pursue for the rest. I also included a schedule of the interest they charged on each £20 fee (thank you Tamadus for working it out for me), plus the £10 I sent for my statements, totalling a wonderful £1,249.51! It was delivered on 4th September and now I'm s******g myself in case they don't reply and it actually gets to court.........but hey if need be I WILL take it that far to get my dosh back! Ooooooh.........now I'm just waiting...and hoping..........nerve-wracking this isn't it?

Well! I found out last Wednesday what the consequences are! My account has been passed from Debitas to Legal and Trade Collections! Has anyone heard of this shower? Just as bad if not worse than Debitas with the phone calls. The first call I had from them was at work nearly 2 weeks ago, I didn't know who they were but this guy on the phone told me I did know what it was about and that "you're just trying to avoid the issue aren't you"!!!? Then he hung up! I was so mad I went outside in my lunch break and called them back to complain, that was when I found who they are but not what they were calling me about, the "lady" on the other end asked if I'd received their letter but I hadn't so she said it'll be with you in the next few days. Received the letter last Wednesday, Legal & Trade Collections have been given my Capital One account. When I phoned to ask why my account had been passed to them they said they didn't know and I'd have to take it up with Capital One but if I didn't make an arrangement with Legal to pay my account to them they would proceed with further action....she couldn't tell me what kind of action either..."that will be Capital One's decision". I refused to take a note of their bank details to set up a standing order as I already have a standing order in place to pay debitas!! (Do I keep paying Debitas though...?) I phone Cap One and felt like I was banging my head against a brick wall, the guy on the other end said as my account was being dealth with by another agency I'd have to speak to them!!!!! Talk about being given the runaround...! I was so angry I typed my LBA there and then and sent it off to Crap One last Friday (1st). I want a big fat cheque!! WATCH THIS SPACE!