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Gary13969

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  1. Having made a partial offer to me (which I ignored), Capital One have just sent me a letter telling me that they have as a gesture of goodwill paid the entire amount asked for into my Capital One account and will be entering a defence to MCOL stating just that. I should be elated but last year I had a few difficulties and my Capital One card suffered. As such I owe Capital One money. This is currently being addressed through a voluntary DMP managed by a third party. This means two things, firstly I have no card or access to the account and secondly a fair amount is paid to it monthly and it will eventually be settled. So, my question is - by putting the refund into my account, does that constitute applying terms to the refund? I am obvioulsy not awash with money and have had to outlay funds for the MCOL etc (£120). which are now well embedded in my Capital one accouint.:? Am I within my rights to insist that they remove 'my money' from the account and issue it to me in cheque form? I found the statement detailed below in another thread, could this be used? "i have many other debts that i wish to settle & as this is my money you have unlawfully taken from my A/C, i respectfully request the full amount of my claim be paid as a cheque so i can equally distribute the sum to my debtors" Any advice greatfully received. Gary13969
  2. Great, Thanks for all the good advice - as usual. Gary
  3. Sorry to hijack this thread, I have been keeping an eye on the thread as I am also claiming from Cap One. I have already elevated my claim using mcol. Cap one did acknowledge my claim and they are currently within their 28 days to enter a defence. However, I have received a letter today making a partial offer. Normally I would reject but part of their text concerns me. They have stated the OFT ruling regarding £12 being a fair charge and have therefore offered me the difference paid on all my charges. For example if I paid £18, they are offereing me a £6 refund etc. This significantly reduces my claim, they have also not mentioned the 8% interest and the court (mcol) costs paid to date, ie £120. As they have quoted the oft ruling am I best to accept? or fight as I did with Lloyds? Any advice greatfully received...... Gary
  4. I assume we use the same templates as for the bank's?? By the way I now know what CI is but as the card has been closed for some time do not know what level of contractual interest I was paying:( Gary13969
  5. Sorry for my ignorance, CI, is this cumalititve interest?
  6. Thanks! I thought so, I just did not want to make an ar:eek:e of myself if they turned round and told me to go away! I will start trauling through the statements now! Thanks again, Gary13969
  7. Hi, Although I have been using this webiste for quite a while I have never actually posted!! I have successfully claimed against Lloyds TSB (£2435.77 :grin: ) and would like to continue my assult on the banking organisations. With that in mind I have sent for all my data from Capital One Credit Card and now received it in full. The only concern I have is that I am unsure whether you can claim in the same way as a bank? Any help with this would be appreciated. Gary13969
  8. Hi, I have just been through a very similar situation. I was re-claiming quite a high level of charges from Lloyds TSB and was concerned that it may affect my other ongoing issues, ie my outstanding loan and overdraft which were being dealt with under a DMP. Well the good news is that after a long slog and with the court date looming (3-4 weeks away) Lloyds paid up in full (£2435.77). All outstanding charges, court fees and 8% interest. HOWEVER...watch out, what they did was write to me on the 15th March informing me that they would be crediting the full amount to my account within 5 days, without the need for me to sign acceptance to any terms?! The same day (15th March) the funds were credited to my account, clearing my overdraft and leaving a still significant sum in my account. The letter was sent 2nd class and I luckily rec'd it on the 19th and went straight to my bank to withdraw the remainder in cash. (incidentally on the 19th I not only received the letter from Lloyds, I also received a letter from the court in reference to the letter from Lloyds. Therefore the court received their copy at least 2 days prior to me! Were Lloyds holding onto my letter to delay withdrawal? Hmmm) I left a token amount of £15 in my account and on the 20th checked my account again and found that a closure order had been made on the morning of the 19th by collections and all available funds withdrawn at the close of business. Any remaining funds would be put towards my outstanding debts with the bank, currently covered by the DMP. I was reliably informed that had I not visited the bank that day the entire remaining funds (nearly £2000) would have been taken by collections. Was this all planned and instrumental in the settling of my claim? I couldn't say but I am glad I acted quickly. This is all happening again for us as my wife's claim against Lloyds is nearing an end. The court date is set and they have agreed to pay up in full (approx £200). However they have issued strict terms this time insisting that the letter is confidential and that she cannot tell anyone that they are prepared to settle, I thought you might like to know and well hey I didn't sign up to it! Anyway, again they are insisting it goes into her account, the only problem is she closed it some time ago! They do not like this and are refusing to negotiate the terms at the moment, we will have to wait and see? I hope this is useful. ;-) Gary13969
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