StokiePotter vs Capital One (Old Acc) ***WON***

[steven4064]

THat's standard rhubarb - just cary on to the next stage

[StokiePotter]

So I am editing and sending Letter 1 from the link below?

 

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

 

Obviously I gave them 14 days from the Inital Request for repayment which they have sent me a response so I just add another 14 days and quote that date on the letter?!

 

IT also does not state "Full & Final" so will it be letter 4 that I use?

 

The cheek of them

[StokiePotter]

bump

[steven4064]

I would jsut send an LBA with an extra sentence saying you accept theiir offer as a partial settlement only.

[StokiePotter]

Looks like "if" I get this monies back from Capital One I'll be using it to try to sort out another issue that has arisen - Why the blimmin'eck is it so difficult to try and get yourself back on an even keel

 

Ive read through the LBA that is in the template library BUT they have responded so the wording isnt exactly appropriate.....

 

Obviously I sent the Preliminary approach for repayment, letter which resulted in the above offer so never got around to sending a LBA so again Letter 4 in the templates library refers to me sending an LBA which hasnt happened...

 

"HELP"

[steven4064]

All you need to say is that you accept their offer as a partoal settlement only. You give them 14 days to respond that they will meet all you demand or you will file a claim in the county court. Head the letter "Letter before Action"

[StokiePotter]

Ive received the following today following my rejection letter....

 

Dear XXXX

 

Thankyou for writing back to me about my refund offer of £162 of the default sums and interest we have added. I'm sorry to hear that you feel that my offer is unacceptable.

 

As I've already explained, we're confident our default sums are both fair and legal and I'm disappointed to hear you're considering court action. The OFT hasn't told us that we're obliged to refund any default sums, and we're offered refunds as a gesture of goodwill. I'm afraid I wont be refunding all of the default sums as you've asked.

 

My offer of £162 is still open to you. I won't be increasing this, as it is my final offer.

 

As you know, we've now sold your debt to Capquest. While we're happy to honour the refund we've already offered, you'll need to contact them directly to arrange repayments.

 

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 Financial Ombudsman Service within six months from the date of this letter. Their contact details are in our complaints leaflet, which I included with my last letter.

 

Again I look forward to receiving your settlement form so we can put this behind us and save the courts valuable time.

 

Is this just standard speal?

 

Could somebody point me in the right direction if not to the next letter I need to send?

 

Thanking you in advance

 

SP

[steven4064]

This is standard rhubarb. The next stage is to take them to court. You need to fill in a form N1 and you will find Particvulars of calim (POC) specific for CAp1 in the bank templates library.

[StokiePotter]

Cheers Steven,

 

Downloaded the N1 form but noticed all is explained in the Cap1 POC pack that is on the site, do I just attach this to the N1 form and send it? (plus the N1 form isn't big enough to just copy and paste the POC over to it )

 

Plus how do I know how much it will cost to file my claim? I presume these will be payable by Capital One?

 

Cheers again.

 

SP

Edited July 29, 2008 by StokiePotter

[baslow138]

You attach them with your NI and spreadsheet.The court fee is added to the N1 in the apprioprate box on the front page and will be paid in the evnt of you winning but you have to stump up first

upto £300 - £30

up

[baslow138]

oops sorry I'll continue!

 

upto £500 - £45

upto £1000 - £60

hope that helps

[StokiePotter]

1. The Claimant's account XXXXXXXX with the Defendant, opened Dec 2004 2. Since XX/XX/XXXX the Defendant debited charges and interest in respect of contractual breaches. 3.Defendant has received a list of charges. 4. Either (a) The charges exceed the Def's losses caused by the breaches contrary to Common Law; or (b) The charges are unfair and unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999. 5.Claimant seeks: (a)return of sums debited- £XXX; (b)Interest per S.69 County Courts Act 1984 of 8% - £XXX continuing at 8% until judgment or settlement at a daily rate of £0.22; 6. Permitted costs.

 

Will that suffice for the "Brief Description of Claim?"

 

Also before I get the N1 form printed off along with the POC, do I need to add that payment will need to be made via cheque, as the card / account expired last year? and lastly do I make a request via the POC for the removal of the default from my file?

 

Thanks for your help

Edited July 29, 2008 by StokiePotter

[ukaviator]

Hi Stokiepotter

 

The link here is for the POC for Capital One:

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1191734.html

 

It's tailored around Capital Ones terms and conditions. You can write the default removal into the POC. Hope this helps

 

Uk

[StokiePotter]

ukaviator,

 

Cheers but its the wording for the "Brief Description" on the N1 form I am after - I already have these POC's ready to print along with the following bit added to ensure I get the default removed from my credit file...

 

20. The Claimant also request’s the removal of any prejudicial information which the Defendant (Capital One Bank plc) has passed on to third parties in relation to the Account with any credit reference agency.

The passing of personal data to third parties relates wholly to the implementation by the defendant bank of charges which have been applied to my account in respect of contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by the bank as a consequence of the said breaches are contrary to The Common Law.

The Claimant’s request is made under the Data Protection Act 1998; section 14, which gives the power to the Court to order the removal of inaccurate personal data.

Now alot of other posts say that the monies awarded are refunded directly back to the card account... my card account expired last year so this will no be an option, do I need to state that payment will only be accepted via means of a cheque?

 

Blimmin'eck

[barracad]

Cheers but its the wording for the "Brief Description" on the N1 form I am after

 

 

Money claim for return of charges applied to the Claimants credit card account by the Defendant.

[ukaviator]

Yep as Barra has said, write that into the brief details of claim.

 

On post 37, the wording DEF's needs to be written in full. The POC linked in post 38 can be adapted to a brief detail of claim. If you are still worried about it, i will put something together later, as i am at work at the moment.

[StokiePotter]

Again,

 

Thanks folks.... I reclaimed bank charges from Lloyds last year and the leg work was done by the FOS so all of this is new to me.

 

Ive followed all of the proceedures and sent my LBA, just dont want to cock it up at the last hurdle... I've dr'd the POC that ukaviator has linked me too with the usual bits aka Acc Num and Monies owed but Obviously dont want to come across as I dont know what Im doing on my N1 form.

 

Finger's X'd this will be on its way via the postman tomorrow, it started out as I wasnt bothered about the monies owed just didnt appreciate visits from Debt Collectors now I intend on sticking it straight up Cap One

Edited July 30, 2008 by StokiePotter

[ukaviator]

If you want to post up the POC brief version, we can have a look before poting if you like. .

[StokiePotter]

Here's what I have put under "Brief Details of Claim"

 

 

1. The Claimant's account XXXX with the Defendant, opened October 2004

2. Since 05/01/2005 the Defendant debited charges and interest in respect of contractual breaches.

3.Defendant has received a list of charges.

4. Either (a) The charges exceed the Defendant's losses caused by the breaches contrary to Common Law; or (b) The charges are unfair and unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999.

5.Claimant seeks: (a)return of sums debited- £370; (b)Interest per S.69 County Courts Act 1984 of 8% - £88.50 continuing at 8% until judgment or settlement at a daily rate of 0.022%

6. Permitted costs.

 

and my full POC is taken from the templates library and will be attached to the N1 Form accordingly.

 

Do I need to mention that payment is required via cheque also?!

[StokiePotter]

bump

[StokiePotter]

Posted today...

 

Now the wait

[StokiePotter]

"Served"

 

Received my "Notice of Issue" from my local court today and Crap1 have until the 18th August to reply....

 

I presume this will be the usual, we are defending blah blah blah

 

I added that I wanted my Judgement removed in my POC but didnt mention it in the "brief details" part of the N1... will this make a difference?

[steven4064]

It shouldn't - after all it is never actually going to get to court

[StokiePotter]

I blimmin hope not too

 

Ive had enough of court letters the past few months to last me a lifetime

 

and just to think my initial idea was to badger Cap 1 into just getting Capquest off my case as well as trying to get the Default removed from my file.... now I may have a few pennies off them too

[StokiePotter]

Had my court letter today to say that Cap One intend on defending and are disputing the claim...

 

I presume that is normal practise or had I better get my paperwork together ready for court :/