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Papadak v Capital One **WON**


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Hi,

 

I am at the Moneyclaim stage now & need some help & advice please ..

 

I was offered a paultry amount by Cap 1 (£55) on a £350 claim for refund of Cr Card charges. I wrote back say the I was prepared to accept a reduced figure (25% less than I was claiming) and they said the following:

 

"We're confident our fees are both fair & legal and disappointed to hear u r considering court action. The OFT haven't told us that we're obliged to refund any fees, and we've offered refunds as a gesture of goodwill!. I'm afraid I won't be refunding all of the fees as you've asked.

 

Financial regulations require me to advise you that this is my final response in relation to this matter. However, you now have the option to contact the FOS within 6 months from the date of this letter"

 

So based on that letter I think I should now do an online claim ....

 

What's the procedure please and who should I now address my claim to???

 

Hi,

 

I am at the Moneyclaim stage now & need some help & advice please ..

 

I was offered a paultry amount by Cap 1 (£55) on a £350 claim for refund of Cr Card charges. I wrote back say the I was prepared to accept a reduced figure (25% less than I was claiming) and they said the following:

 

"We're confident our fees are both fair & legal and disappointed to hear u r considering court action. The OFT haven't told us that we're obliged to refund any fees, and we've offered refunds as a gesture of goodwill!. I'm afraid I won't be refunding all of the fees as you've asked.

 

Financial regulations require me to advise you that this is my final response in relation to this matter. However, you now have the option to contact the FOS within 6 months from the date of this letter"

 

So based on that letter I think I should now do an online claim ....

 

What's the procedure please and who should I now address my claim to???

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It is a standard reply most of us have had. You should fill in the court form no. N1. With the online Particulars Of Claim, you can't fit it all in. The N1 is the best route.

 

Use the N1 POC found here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/117740-new-poc-capital-one.html

 

Amend to suit your needs. Make sure you add 8% to each charge when filing. This is interest under S.69 of the County Court Act. If you are claiming Contractual Interest, then you can't add 8 % as well.

 

The address to put on your form is:

 

Capital One Services Inc

Trent House

Station Street

Nottingham

NG2 3HX

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Ahhhh you should'nt have used MCOL. It automatically stays the filing of bank charges. You may have to ring them at Northampton to make sure they are aware that this is for Credit Card charges. This is why we recommend the N1 form, also the POC is too short with MCOL.

 

Just started your own thread for you, as you have posted on several other peoples threads.

WARNING TO ALL

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Hi, sorry didn't read your post in time! ... Well the MCOL has gone in now. Just to say that I did this with Amex some time ago and it was a success within 1 week.

 

OK so I shall shortly have other claims (Credit Cards) that will be heading to the court stage shortly. Can you please 'walk me through' your method with regard to the process etc ... forms, where to send claims? is your method done online?

 

Thanks vm ..

 

Also I will ring Northampton CC and tell them it's for a credit card

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Ok . .good. Just the wait now. .

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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  • 2 weeks later...
Ahhhh you should'nt have used MCOL. It automatically stays the filing of bank charges. You may have to ring them at Northampton to make sure they are aware that this is for Credit Card charges. This is why we recommend the N1 form, also the POC is too short with MCOL.

 

Hi,

 

MCOL is a fine method from my experiences. I've had notification from Capitol One today. They've backed down and met my claim & court fee! - RESULT & v happy ... got a few more others to issue too. Onwards & upwards! ... Thanks for your help.

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Sorry, I should clarify ... CCI .... should read CI (Court Interest @8%) ... what's DI?

 

Also for me Cap One initially said they would defend my claim ... three days after that a letter arrived saying they will pay my claim in full. Hope yours has the same pattern .. good luck.

 

This claim is actually for a family friend as I did hear Cap One was a tough nut to crack. However it proved to be a straight forward one.

 

I always say claim all of it + interest. You can bet your bottom dollar that these companies have earnt interest on 'your money', so if the court allows it claim it!

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Well done. . ..congratulations. Just in time for Christmas too. . .

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Papa,

 

DI = Demonstratable interest the stuff they charged you on the charges at the various rates at the various times, and the CI is the recompense interest for having your money and making money with it which you could not.

 

 

BJ

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BJ don't panic. They always say they're going to defend, then send an offer letter before they send a defence! I never got a defence for my case. With my Oh's, got acknowledgement of service, then an offer letter, accepted last Friday , AQ (with defence attached)and cheque both in yesterdays post in separate envelopes. Have to say the defence was crap anyway, basically a rehash of the offer letter they'd sent, with mathmatical errors lol. So you'll get your money soon mate.

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