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kitkat35

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  1. Thanks Steven - I was thinking it might be best to file at Court.
  2. Just wondered if it was better to issue proceedings via MCOL or at County Court. I know there were problems where claims were stayed because of the bank charges case but see that some people have been sucessful filing online. Also wondered if anyone could please advise on suitable wording to incorporate in the Particulars of Claim regarding payment of claim. I was hoping to include to state that as the account had been closed and settled in full and final settlement that payment was to be made by cheque to the claimant. Any suggestions please?
  3. I am just claiming back the charges for my husband. Capital One are saying that because there is an outstanding balance on the account they are within their rights to deduct any refund from the account. The account has been closed for about four years when Debitas gave us a full and final settlement offer. We do not have any correspondence from then but neither Capital One or Debitas have ever said there is an outstanding balance on the account. Just not sure whether it is worth proceeding now.
  4. Does anyone know whether Capital One are within their rights to credit reclaimed charges to a closed account? Debitas had made a full and final settlement several years ago and we have had no contact since. Is it worth pursuing the claim?
  5. The full and final settlement offer was from Debitas and not Capital One. It is unlikely we will still have any correspondence as it was back in 2004. At no time since that time have we had any contact from Capital One or Debitas stating that there is an outstanding balance. The account was closed in 2004 when it was defaulted.
  6. Just received repeat offer from Capital One saying not prepared to increase. They have also stated that although the account has been closed for some time there is a balance shown as outstanding so they are entitled to pay the amount to the account. This is disputed as the account was passed to Debitas and they agreed to accept a figure as full and final settlement. What I need to know is whether Capital One can now claim this back as the debt was settled in full and final settlement. Thanks.
  7. We have just received Capital Ones response to initial request for payment letter. Firstly they have stated how the OFT has not challenged the right of banks to charge default sums but I am confused as this claim relates to credit card charges. Secondly they have made an offer of the difference between the charges made and the £12 as recommended. I thought this may happen and we are not prepared to accept this. The main problem is that they then go on to state that because we are currently behind in payment they are going to refund to the account to bring it up to date. This account has been closed for a couple of years as it went to Debitas who collected on their behalf. As far as I can remember there may have been a lower settlement to clear the account. Just wondered if anyone had any advice as to how we should reply.
  8. I've just been approved online for an Aqua Credit Card. Can anyone advise please whether this is subject to further checks or whether this is a definate approval? Does anyone have any dealings with this company?
  9. Thanks for the quick response. I did not think I could use a P O Box address as I wanted to send recorded delivery. Also I cannot find the preliminary letter template for credit card charges only bank charges. Does anyone know whether you just adapt that one?
  10. I am in the process of claiming back charges from Capital One for both myself and my husband. I have obtained statements and prepared a schedule but wondered who I should address the preliminary letter to.
  11. Hi KenSpe I also have until the 13th Feb to return my Allocation Questionaire. Like you I am not sure if my claim would now be £718 instead of the full claim. Does this mean that you do not have to pay the fee? I understood that claims over £1500 there was a fee payable. I must admit it is putting me off proceeding I am still hopeful that they might settle before.
  12. Nationwide have partially paid up but have defended balance of £718 stating that this is due to charges previously refunded. I did not include any charges in my claim that had already been refunded and they have not indicated which charges they refer to. I have informed the court that I wish to proceed with claim and have today received an allocation questionaire. Just wondered if anybody else has had to submit this or whether Nationwide finally paid up before getting that far.
  13. Both myself and my husband received those letters - like you say what information was on the laptop! My account is closing on 17 Feb otherwise I might have pursued it.
  14. Hi KenSpe Did you receive any notification from the court or Nationwide as to how much they had paid you or just a letter confirming they were going to close your account? I have not received any letters at all.
  15. Hi KenSpe - I'm in the same boat as you at the moment. Nationwide have credited my account but is also short of what I had claimed. Not sure to approach Charles Bacon or wait to enter judgment. Nothing to lose I suppose! I will be glad to close the account as I've just opened one with NatWest.
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