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Capital One Claim


kitkat35
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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.

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Hi, Kitkat35.

 

On my court forms I used this address.

 

Capital One Bank (Europe) plc

PO Box 5281

Nottingham.

NG2 3HX.

 

When they replied to my court claim, they had Executive Office at the top.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

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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?

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Hi, Kitkat.

 

Use this one.

 

Capital One Services Inc

Trent House

Station Street

Nottingham

NG2 3HX

And yes, just adapt the bank account one.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 3 weeks later...

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.

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Hi, Send a letter from here...........

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

 

Regards.

 

Scott.

 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Send the rejection letter, or send combined partial acceptance/LBA. When you get no joy from this (because you won't, they'll say its their final offer, no more, blah blah usual rubbish) then file N1 for the rest. They will then cough up fairly sharpish, if past exprience is anything to go by. If there is indeed a debt owing to them they will clear the balance and then send you anything thats left over.

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  • 2 weeks later...

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.

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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.

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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.

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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?

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IMHO I wouldn't even consider MCOL - there can be major problems even without the possibility of a stay.

 

There is a standard POC for CAp1 http://www.consumeractiongroup.co.uk/forum/bank-templates-library/122528-credit-card-charges-poc.html

 

I wouldn't include the words "full and final settlement" - that is bound to cause confusion. You could specify a cheque but that might be best achieved when you discuss settlement with CAp1's solicitors

 

 

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