garethmiller
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Last week I received an phonecall offer of £1650 on my charges post Jan 2004 which I have accepted and received in my account. Yippee!!!. I am now working on claiming on charges pre 2004. I will add more information when I send off my letters asking for it back
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I received a reply to my pre-lim letter back in Sept/Oct offering £450 of the £958, I haven't replied as yet as I have been busy with other claims and other issues in my life, lol, I am going to write and reject their offer of settlement and also ask for statements pre 2004 which I still have not yet received. I shall also been adding a few new charges I have recently incurred.
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A brief outline of the story so far..... In September I requested statements going back 6 years and received statements back to May 2004 in reply. I complained about this over the phone and was told that due to the earlier statements being held on Microfiche I would have to pay an extortionate amount of money to get them. I wrote a letter at the end of September making a preliminary approach for repayment using figures I had and estimating the rest. At the end of October (well after my deadline date but I was pre-occupied with Capital One/Natwest) I received a letter from a customer relationship manager who denied the legality of my argument but offered me the difference between the charges I had paid and £12 (their new charge amount). This amounted to £393 and was refunded immediately onto my Barclaycard without me even agreeing to it. Also they did not provide any breakdown of how the £393 figure was reached, for all I know/knew it could of been plucked out of thin air. I have replied to them accepting the amount as part payment and requesting the rest that I am owed (a letter before action). I again used my estimated amount but said that if they could provide statements that showed I was charged less then I would be happy to accept that amount. If I don't receive a reply within my deadline I will immediately put in a moneyclaim. Does anyone know what stage that Barclaycard usually let it get to before they pay up?. I am claiming a further £587 on top of the £393 that I have already been repaid. Total amount £980. I have already been successful in reclaiming £2900 approx of charges from banks!!!!!!
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Okay now for the story of Part 2, I wrote to Capital One requesting refunding of charges pre-004, they did not respond so I made a claim online at the end of December, Capital One acknowledged the claim and then I received a letter stating I would be receiving a further cheque for £565 which I got on Tuesday this week. Of course they don't admit liability but are paying out to avoid going to court. But now finally after 3 claims my action against Capital One is over and I no longer have any cards with them! now bring on Barclaycard and Halifax!!!!!!
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Today Capital One Agreed To Pay Up On This Claim As a Gesture Of Goodwill And With No Admission Of Liability The Full Amount Of £603.49 CLAIM WON! I also now have the statements from Capital One For The period Pre 2004 so I will be sending a letter to the them today requesting the repayment of this money, and in effect starting Miller V Captal One Visa - Part 2
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Cap One Defend Saying They Have Paid In Full
garethmiller replied to LES VOGEL's topic in Capital One
sorry just wondering how its such a high figure for a credit card? not doubting its validity but that seems to be a high figure to claim for -
My thoughts yesterday were right, they are having a burst of getting claims settled and are now settling claims acknowledged from the 9th Oct onwards. CLAIM WON! Cap One have agreed to pay the full amount £878.94 without any admission of liability. Thats a big difference from the £283 or so they offered! woo hoo!!! :D :D :D
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Thanks, its just that I noticed on these forums today that claims acknowledged from the 3rd to the 9th of October paid out today. So I'm hoping that in the next week I may be lucky. I was just wondering what the general give up time is with Cap One.
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Its just gone past 40 days, I'm going to call Cap One tomorrow and find out if and when they are being sent, if i don't get a satisfactory response then I will write to the information commissioner. I know splitting it into two parts could be risky if I'm careless. I made it clear in my claim for Jan 2004 onwards that I would be making a further claim for the Pre 04 period when Capital One provides the required statements. I will not sign any settlement on part one that excludes me from making the further claim. I think a judge will see that I have been reasonable if I make a second claim on this card. I have always made it clear in my letters that I would seek further recompsense should I discover that I am owed further funds.
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Against advice I have decided to claim from my Capital One Visa in two parts as I have all the statements back to January 2004. I issued a pre-lim letter asking for £473.78 back in early sept which is the amount I'm owed for the period of statements I have minus a refund that I was automatically given when I rang up their customer services. I also at the same time submitted a S.A.R for the statements pre-04. I received a reply in late Sept offering £279 to which I replied with an LBA on 29/9/06 accepting only as part payment and requesting the full amount to be paid. A week or so ago I received another reply saying the offer of £279 still stands but they would not be increasing it any further and that this is the last word on the matter. I submitted a claim for £603.49 yesterday (23/10/06) which is the amount owed plus interest and my claim cost. I still haven't had a reply to my S.A.R., I made it clear on my claim that I would be making a further claim for money when Capital One provides the statements requested. Capital One seem to be dragging their heels a bit with my claim on my Mastercard, here's hoping this one will be resolved quicker.
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I put in my claim on 5/10/06 and it was acknowledged on the 11th, could anyone advise how long Cap One usually take to get in contact after acknowledging a claim? Thanks!
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Natwest Today Paid Out In Full Whilst Not Accepting Liability Of Course. Woo Hoo!!!!! Thats Only 13 days since filing the claim, I shall be making a donation of course, they just sent a letter and a cheque for the full amount. Once the claim was in they dealt with it so quickly which is cool. CLAIM WON!
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Its a normal tactic so don't worry. As long as you have followed the advice given on this site you will be fine. You will receive a letter or a call offering full settlement.
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Another claim in progress Worked out a little while ago that I had accrued £720 in charges in the 3 years the account has been open. I wrote to ask for it back and was told no, not even a partial offer like some of the other banks. I wrote again after the 2 weeks with an LBA Again a sod off letter from Stuart Higley Claim filed online today for £720 + 151.06 in interest and my £80 court fee I will keep you updated! G
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Claim Filed On Moneyclaim Online Today For £720 + Interest + Costs
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