JULI99 V Capital One ***SETTLED IN FULL***

[JULI99]

Hi To Everyone. First Time I Have Posted So Bare With Me. Just Want Reassurance That I Have Understood Process And Not Got Completely Confused.

Sent Off Data Protection Letter To Capitol 1 And Got All Statements Back. This Shows They Have Charged £500 In Late Payment And Overlimit Fees. I Downloaded The Preliminary Approach For Repayment Letter. In This There Is A Part Where It Says That They Have Taken £xxx And £xxx Which Has Been Charged In Interest. Does This Mean I Put Each £20 In The Interest Calculator On This Site And Calculate The Interest Up To The Date Of The Letter I Send Then Add The Interest Up?

Also On Faq Under Question Of Can I Claim Interest? Its Reply Is Only When You Put In A Court Claim And Not Before. Is The Interest Referred To In This Area The Interest On The Total Amount From The Date Of The Prelim Approach For Repayment To Repayment?

Also Being Charged Each Month As A Percentage Of The Outstanding Balance Is Payment Protection Insurance. Can This Be Reclaimed Given The Outstanding Balance Would Be Under £100 If The 25x£20 Had Not Been Added?

Hope I've Got It. Don't Want To Make A Mistake.

Juli99

[callumsgran]

Hi and welcome, the interest you're talking about on the charges you've had is nominal and difficult to work out so most people dont bother! ive claimed £120 off cap one and they wouldn't pay me the interest anyway! just claim your charges and put the 8% on when you go to court. any probs come back here and good luck:)

[JULI99]

Thanks All Clear. Letter Ready To Print. Now To Tackle The Rest.

[JULI99]

Ready To Print.... The Computer Said No. So Got A New Computer. Spent 5 Days Trying To Set It Up. Why Do These Things Say If You Need Help To Visit Their Website. If I Was Able To Visit Their Website I Would Not Need Help.

So Prelim Approach For Repayment Sending Today For £500.

I Did Recieve Letter Today Telling Me Being So Far Behind Is Likely To Be Very Expensive For Me. They Don't Say.... The Same Charges Seem To Apply However Far Behind You Are.

[JULI99]

Recieved Letter Today Explaining That They Automatically Add Late Payment Fees. (so Doesn't Sound Like Any Manual Intervention There).... Blah... Blah... Oft Believes Default Fees Of £12 Are Likely To Be Fair....disagrees With The Ofts Analysis And Believe Current Fees Fair And Legal.... However As A Matter Of Goodwill Offering £216 Refund. If I Sign Settlement Form....

 

So As Their 14 Days Would Have Been Up Tomorrow Lba Being Sent Out.

 

Another £40 Added On July's Statement. Can I Add This To Lba Or Do I Just Stick To The £500 And Argue Over Anymore Added At A Later Date?

[JULI99]

Recieved No Reply From Cap 1 So Next Stop Court Action. Il

 

So Help

 

Am Going To Fill Out Moneyclaim On Line Is There Anything I Need To Know Or Any Tips Anyone Can Give Me?

 

Thanks

 

Juli

[JULI99]

Help!!!

 

Just Realised I Have Sent 2 Letter Before Action Letters.

 

I Could Kick Myself. I Have Tried To Be So Careful And Get Everything Right.

 

Will This Matter

 

Can I Start My Court Claim Or Do I Have To Write A Prelim Then Another Lba In That Order?

[missm]

Shouldnt matter, you have given them 28 days either way.

[pugsley]

don't worry about the two letters, they were surely just doubly warned, good luck, I will be doing the same soon as well.

[bongobaz]

i put my mcol on last night for cap one!

[JULI99]

mcol put in yesterday.

 

most difficult thing was the 1080 letters / 24 lines but got their eventually.

 

first one i've done.

 

recieved back BANK OF Ireland statements & citicard statements looks like plenty to claim on these but the hsbc flexiloan came back with nothing to claim. i had paid it all on time. i must have been feeling flush.

[JULI99]

Just Recieved My Latest Statement From Capital 1.

 

£40 More Added To Balance. Given That I Have Already Started Court Proceedings (mcol) How Do I Get This Back. Can This Be Added Somehow To The Court Claim.

 

 

Juli99

[pugsley]

haven't they changed their fee's to £12 yet?

[JULI99]

yes they did say they were going to change to £12.

 

Do you think my automatic late payment fee and overlimit charge could have cost them £20 each this time. I mean it must have been such hard work for them to automatically add these charges on and the extra expense doesn't bare thinking about.

 

juli99

[JULI99]

well claim was issued on 25th August 2006 and deemed to having been served on 30th August. recieved Acknowledgement of Service saying they intend to defend all of this claim. This apparently gives them to 28th September in order to file a defense so fingers crossed.

 

one question, because i went thru mcol there was not a place for the fees I am claiming for so I never gave the list of late payment and over limit fees in.

Do I need to send them to someone?

[pugsley]

yes as far as I know you attach it to claim as a schedule of charges, so sending it to the court with a covering letter seems like the sensible action if this cannot be attached to the money claim online, I need to do this monday myself.

[pugsley]

from FAQ

If you still don't get a full refund then you must now issue a court claim.There are 2 options -firstly online at www.moneyclaim.gov.uk - fill in the form. A rough pro forma text can be copied from the library section (also, part of the text you need is also on the moneyclaim website) - you will have to register there for free, but you will have to pay the fees associated with the case, with a credit or debit card. These are minimal and you will get them back from the bank when they refund your money should you win your case.

 

If you are in receipt of certain benefits, you may be exempt from the fees.

 

See here - DO YOU HAVE TO PAY?

 

If you don't have a credit or debit card, or would prefer not to use the online version, then you can complete an N1 Claim Form. These are available from your local court buildings, but we also have a PDF version in the Library - the Particulars of Claim text can be copy & pasted into this form and printed off. If you are starting your claim in this way, be sure to make 3 identical copies of the form - 1 for you and 2 for the court.

 

Attach a schedule of your claim with the form which will now include the 8% interest.

 

N.B. The court fees range from £30 - £120 depending upon the total value of the claim. You DO get this back as well if you win your case.

[JULI99]

Hi To Everyone And Big Thanks To All Who Helped Me.

 

Capital One Has Caved In.

 

Letter Recieved Today Saying That They Do Not Believe Their Fees Are Unlawful. Blah Blah Blah. Prepared In An Effort To Resolve This Matter Without The Need For A Court Hearing To Refund Full Claim Amount Of £658.43.

 

I Must Notify The Court Of The Agreed Settlement

 

Then It Goes Sign Settlement Form And On Receipt Will Send Me A Cheque For £106.80.

 

Anyone Any Ideas What That Is For?

 

What Is The Best Way Forward. Do I Sign Form An Notify Courts Immediately Or Do I Say Thanks But Do Nothing Till I've Seen The Colour Of Their Money.

 

Cannot Quite Believe It.

 

I've Won.

 

Bring On The Next One I'm On A Roll

[JULI99]

WONDERED IF THIS LETTER LOOKS ALRIGHT IN ACCEPTING THEIR OFFER.

 

DON'T WANT THE SITUATION WHERE I HAVE CALLED OFF THE COURT CASE AND THEN FIND MYSELF WAITING FOR THEIR REFUND ETC AND GET NEXT MONTHS STATEMENT WITH FURTHER CHARGES ON.

 

Enclosed is the signed form confirming my acceptance of Capital Ones offer to refund £658.43 in full and final settlement of my claim and the arrangement that a cheque for £106.80 will be sent to me at the address above.

 

I will also expect that the £40 added to my account for overlimit and late payment fees after I had sent off my claim to the court will also be written off together with any further fees that may have been added.

 

When you have complied with the above instructions I will notify the courts that the case is closed.

I am also enclosing a cheque for £89.70.

 

Outstanding Balance £788.13

Less Overlimit Charge £ 20.00

Less Late Payment Charge £ 20.00

Less Refund £658.43

Less Cheque £ 89.70

............................................Total Outstanding £000.00

 

This is the final payment and the account is to be closed.

 

 

Yours sincerely

 

HOPE THIS WILL BE ONE OF MY LAST POSTS FOR THIS CARD.

 

ONLY TOO HAPPY TO SEND OFF MY 5% WHEN IT IS ALL SORTED

 

MANY MANY THANKS

 

JULI99

 

[alibobsy]

Well done, we have our first claim against Cap one at mo. We are exactly 7 days behind you with a date of deemed service of 6th Sept. Had the acknowlegement as well so hope to get a settlement like you in the next week, fingers crossed!

ali

[keren29]

Well done! I'm 2 days behind you and they acknowledged on the 4th.

 

Hopefully my settlement will be soon.

 

Last one claimed - looks like it will be first one paid!

[jonni2bad]

Originally Posted by JULI99

 

JUST TO LET YOU KNOW CAPITAL 1 WROTE TODAY TO SAY £658.43 REFUNDED TO ACCOUNT AND EVEN REFUNDED 2 X £12 AND 2 X £20 LATE AND OVERLIMIT FEES. COURT CASE NOW CALLED OFF AND ACCOUNT IS TO BE CLOSED DOWN. THEY DID ADMIT TO MAKING A MISTAKE WITH CHEQUE THEY WERE SUPPOSED TO SEND

 

THANKS FOR ALL YOUR HELP AND 5% WILLBE ON ITS WAY TO YOU.

 

JULI99:grin:

 

CONGRATULATIONS

 

When you get a minute, please fill out the SURVEY.

[JULI99]

Looked at my credit file and can now confirm my Cap 1 card balance now stands at £0. Fantastic. 1 down 12 to go.

 

Now more than determined to sort my finances out.

 

Good luck to everyone.

 

juli99