Thanks hagenuk and livelylad, so thats where the AQ comes in. Ok other than that its going fine, but just panicked abit cause i thought cap1 dont drag it on this far. Cheers

On mcol is says , Status of Claim : Defence, I cant take any further action online on this claim, that the defendant disputes the whole amount ive claimed and that it cannot continue online and will be transfered to the appropriate court for continuation. Am i buggered !? i thought they paid up after acknowledgment of the claim and that was around 10th Nov.

Hi, does anyone have a particulars of claim for two accounts for mcol. Or if anyone can edit the one on the site: The Claimant has an account 1234567 with the Defendant, opened May 2000 2. Since 01/02/03 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £XXXX; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court. thanks

nope knock em for a six

well done lad

Particulars of Claim used: The Claimant has an account:xxxxxxxxxx with the defendant,opened April 2002. Claimant claims the return of this money debited by the defendant by charges since 04/06/2002.Defendant is aware of details as a list of charges has been supplied.Another copy will be sent.Claimant contends:Charges exceed the Defendant's losses caused by the breaches; The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999,Unfair Contract Terms Act 1977 and at Common Law.Claimant claims:Re-turn of the money debited of £350. Interest per S.69 County Courts Act 1984 at the rate of 8% a year from 04/06/02 to 02/11/06 of £107.64 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.08. Claimant claims a total of: £457.64.Alternatively,if the charges are a fee or for a service,then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. Plus Costs allowed by the court.

hi, what organisation name did you put down Exactly .. Capital one Bank (Europe) Plc ? And under the Address did u put Capital One .. or Capital One Bank (Europe) Plc ...which one 350 Euston Road London NW1 3JJ cheers

Just filed a claim with mcol. What a load of BS. its like a friggin puzzle trying to get everything fitted in.

About to fill it all in, are the issueing details correct : Capital One Bank (Europe) plc : Registered office 350 Euston Road London NW1 3JJ. thanx, howcome theres no stick for this!?

Reload you have not stated the date your account was opened. In the Mcol guide it says you must state it. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html putting my claim in 2moro aswle gud luk

SHALL i stick to my timetable which is next tuesday 31st to launch claim. Got this response from capital one today. The letters i sent out to them before hand were my LBA and then i received there first response for my preliminary a day later so i re-wrote another letter declining this. --------------------------------------------------------------------------- 12th October 2006 Capital One Bank Europe Plc PO Box 5283 Nottingham NG2 3YG LETTER BEFORE ACTION Dear Sir/Madam, ACCOUNT NUMBER: xxxxxxxxxxx I am very disappointed that you have failed to respond to my preliminary letter sent by recorded delivery and written on the 29th September 2006. I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations. I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I calculate that you have taken £350 of unlawful charges from my self. This is an updated figure due to Capital ones incompetence of sending me incomplete records of my account. Due to obtaining a full list of statements I now have found a further unlawful charge. Enclosed is a copy of an updated schedule of charges which I am claiming. I have already sent you a copy of this in my original letter sent by recorded delivery and written on the 29th September 2006. I reiterate that the schedule of charges accompanying this letter supersedes the schedule of charges accompanying my preliminary letter sent by recorded delivery and written on the 29th September 2006. I require repayment in full of this money. If you do not comply fully within 14 days then the next correspondence you shall receive regarding this matter will be of a claim against you by myself for the full amount of £350 plus my costs and without further notice. Yours faithfully, -------------------------------------------------------------------------- 17th October 2006 Executive Response Centre Capital One PO Box 5283 Nottingham NG2 3YJ ACCOUNT NUMBER: xxxxxxxx Your Ref: xxxxxxxx Dear Sir/Madam, Thank you for your letter dated 11th October 2006. I am writing to inform you that I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £350 as per the enclosed schedule of charges (Schedule 1, which is the same ‘updated schedule of charges’ sent to you with my last correspondence dated 12th October 2006). This letter has been written after my LETTER BEFORE ACTION dated 12th October 2006 due to you not staying within the deadlines set. I can now say that I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder (£216.00). So it would be better for you to settle the matter in full now for £350.00, otherwise you fully well know the additional charges you will incur. My LETTER BEFORE ACTION sent previously on the 12th October 2006 indicates that you have until Thursday 26th October to respond before Court action commences. However I am willing to extend this deadline to 14 days from the date of this letter, to 31st October 2006. You are reminded right now that there will be no further extension to this timescale. If you do not comply fully by this date I shall begin a claim against you for the full amount of £350 plus 8% interest(Schedule 2) plus my costs and without further notice. I trust this clarifies my position. Yours faithfully, ------------------------------------------------------------------- And the response... [/Qoute]Thank you for writing to us again about the fees we've added to your account. I understand that you haven't received out letter. To explain, we sent you a reply on 11 October. As it seems you've not had it, Ive included a copy, as well as a new settlement form for you to sign and return to us. I'm sorry you've had to write to us again about this but I hope you're happy with our offer. I've included a leaflet outlining our complaints procedure, which gives our address. Please write to us again in the next four weeks if you have further questions. We look forward to receiving your signed form so we can do the refunds we've offered and out this behind us Robert Udy.[Qoute/]

thanks natweststaffmember ah, nice to know that Eddy. Just finishing off my letter now. Good luck back at ya too.

oh sorry i forgot to write: is that a standard response that anyones seen ?

bumppp

From Stuart Higley The letter goes, Thankyou/fair and reasonable/ office fair trading doesnt apply to current accounts/Not be refunding ..... "having reviewed your accounts, I can find no instance where charges have been applied when the were not properly due. They have all been associated with a lack of covering funds in the account at the time items were presented for payment. Accordingly, the charges that have been applied to your accounts must stand." Banks under no obligation to explain them. Then something about fiduciary not part of banker/ customer relationship, and disspointed about the legal action. They responded quick tho, only sent the Preliminary letter off last wed. So should i get ready to send my LBA off next Wednesday?