Cap One reclaim - the start of a long road ?

[scorterooney]

Hi all,

 

Capital one have a CCJ on me for a default back in february 2006 and i currently pay Bryan Carter and Co £15 a month.

 

 

Can i still SAR cap one and reclaim charges ?

 

If i win will the charges be paid TO ME or be taken off the debt i owe ? ( im not too bothered as any money that comes back will pay off a debt anyway).

 

Finally what are Cap one like to deal with ? DO they pay up or am i looking at a long fight with court appearances etc ?

 

Oh and i there a letter template for claiming back credit card charges ?

 

Thanks all

 

Scorterooney

[WendyB]

Hi Scorterooney

 

Yes, you can still get the ball rolling by sending SAR, this should get you your statements so you can start the ball rolling with charges reclaim. Also send a letter to bryan carter stating the account is in dispute, this will usually be enough for them to zap the account back to Crap One pronto.

WHEN you win the debt would be taken off what you owe, if there's any balance left over Crap One will send it to you.

Crap One usually pay up, its not too difficult. They'll send you a pathetic offer after the Prelim, you'll refuse, send LBA, they'll send you a final pathetic offer. They may credit your account at this point and hope you'll go away. You won't. You send a letter agreeing to partial acceptance. They don't move. You then file N1 (don't use MCOL). They say they'll defend (and you may even be lucky enough to get a copy of their defence. Don't worry, its crap lol. But usually they settle before you get the defence. No court appearances, just YOUR money back where it belongs - with you.

 

And yes, there is a template letter, its the same one as for bank charges, just amend where necessary. They usually pay back Purchase Interest. You can go for contractual if you like, but a lot more complicated in my opinion.

If you want to get the default removed its a bit more longwinded but can be done.

 

Crap One always cave in in the end. They're a good one to cut your teeth on.

Send everything recorded. They usually reply quite sharpish.

 

There's no stays on Credit Card cases (although that depends on where you live) so should be plain sailing.

 

Any problems, just shout, and someone will sort you out.

 

Wendy

[scorterooney]

Thanks Wendy - Thats all good to hear.

 

Will crack on with that now

 

Cheers

[mkandy]

Good luck mate - as Wendy says, it's relatively plain sailing. Just stick to your plan and they'll give up once you've filed in court.

[dpick]

Hi agree with the above with my cap1 case I filed N1 they entered defence and paid in full in 4 weeks

 

all the best dpick:)

[scorterooney]

Cool - all good to hear

 

Will also sort my wifes card out as well at the same time.