Bean's Timeline (Capital One) ***SETTLED***

[Bean]

They ARE adding "purchase interest" to their unlawfull fees so it IS recoverable

 

Yes, I am claiming back charges plus purchase interest levied on these charges.

[sidvicious]

have a nice holiday bean

[Bean]

Thanks sidvicious, keep moving forward.

[Bean]

Received a reply dated 29 August 2006 from AC of their Executive Office.

 

"Thank you for writing back to me about the fees on your account. I'm sorry I haven't been able to respond in full sooner and I realise you're disappointed with us because of this. I hope I can resolve things today so we can put this experience behind us.

 

I understand you think our fees are unlawful and I'd like to explain why we've added them to your account. We automatically add a late payment fee if your payment is missed, arrives late or isn't enough to cover your minimum payment. This has happened xx times since we opened your account. We also add overlimit fees if your balance goes over your agreed credit limit, which is £xxxx. Your balance has been over your limit for xx months. [To be accurate, it has been over limit on xx occasions, it has not been over limit consecutively for xx months.]

 

When we opened your account, in , we sent you a credit card agreement which stated these fees. By signing and returning this to us, you agreed to the terms and conditions for the account, including the fees.

 

Our fees are in line with other banks and financial institutions. As you're probably aware, the Office of Fair Trading (OFT) aren't challenging the right of banks to charge default fees, but merely the level of those fees. We believe that our fees are both fair and legal and we've added them to your account correctly.

 

However, as a gesture of goodwill, I'll refund fees totalling £262 for you. These refunds will reduce your fees to £12 each, [Their figures are incorrect - based on the figures in their letter which don't tally with the statements provided, this refund would reduce each charge to £14.30. Based on the statements provided, this refund would reduce each charge to £12.30] which is the figure mentioned by the OFT. [!!!] If you'd like to accept my offer, please sign and return the form I've included. I'll add the refunds to your account when I've received your signed form.

 

To:

Executive Office

Capital One Bank (Europe) plc

PO Box 5281

Nottingham

NG2 3HX

 

From:

 

Our ref: xxx/xx/xx-xxxxxxx

Your ref: xxxx-xxxx-xxxx-xxxx

 

I confirm acceptance of Capital One's offer of late payment and overlimit fee refunds totalling £262. These refunds are accepted by me as closure of my complaint about the fees added to my account.

 

Signed...

Date...

 

Signed on behalf of Capital One

 

Dated 29 August 2006"

 

I shall decline their offer to refund 38.5% of the claimed penalty fees, ask them to confirm the number of charges as they exceed (by 10 occasions) those stated in my statements/data, and shall issue a County Court claim as I said I would in this eventuality.

 

At my leisure, I will send back their included sheet headed:

"We'd be very grateful if you could take a few moments of your time to give us your comments on the way that we've handled your complaint, this is so that we have the opportunity to improve our services in the future".

..with my comments.

[amartin1908]

accept their offer as a partial settlement only and let them know that you will be continuing your claim to recover the remainding amount

[Bean]

...I shall decline their offer to refund 38.5% of the claimed penalty fees, ask them to confirm the number of charges as they exceed (by 10 occasions) those stated in my statements/data, and shall issue a County Court claim as I said I would in this eventuality...

 

As I have stated elsewhere, accepting a partial settlement is open to problems that I do not wish to get involved in.

[Bean]

N1 County Court claim form submitted to local County Court today, claim sum ~£875.

[give_me_it_back]

Great. Keep us posted!

[Bean]

Thanks give_me_it_back,

 

I will keep you posted,

[reginafilangie]

yes i'd love to know how you get on with this as I too have been offered about a third of my claim amount and will progress with my LBA on Friday.

 

I think its very cheeky that after they've taken our eyeballs out in charges they are now going to take it upon themselves to just reduce them! How dare they! I'd like it all back please Cap One!

 

Good luck x

[elsinore]

At my leisure, I will send back their included sheet headed:

"We'd be very grateful if you could take a few moments of your time to give us your comments on the way that we've handled your complaint, this is so that we have the opportunity to improve our services in the future".

..with my comments.

 

I gave mine to my beautiful granddaughter to crayon coloured pictures of her grandpa on!

 

Good luck Bean!

 

Elsinore

[Bean]

I gave mine to my beautiful granddaughter to crayon coloured pictures of her grandpa on!

 

. I know, it's remarkably easy to think that no good will come of our returning feedback forms. You have obviously put yours to good use.

Family is what life is all about, and we are both rich men in that respect.

[Bean]

I am pleased to say that I received an offer of full settlement this morning. I shall be accepting their offer:D .

 

It reads:

 

"28 September 2006

 

Dear

 

Your claim against Capital One Bank (Europe) plc

County Court Claim number ********.

 

I write in connection with the above claim you have issued against Capital One Bank (Europe) plc. I have now had the opportunity to investigate your claim for the total sum of £875.60, which I understand is in connection with the default fees and interest that we have charged to your account.

 

It is denied that the fees are unlawful and they are detailed in your terms and conditions and in our customer welcome pack. Our fees are based on the costs we incur when a customer breaks their contract by making a late payment, failing to make a payment or goes over their credit limit. The fees are only levied when a customer breaches their contract in this way and can be avoided if payments are maintained and the account kept within the agreed credit limit.

 

Capital One has acted in accordance with the terms of your credit agreement throughout this matter and it is clear that you have no claim against Capital One. Whilst we do not accept liability for the claim, I am prepared, in an effort to resolve this matter without the need for a court hearing, a full refund of you claim for £875.60.

 

This offer is made purely as a matter of goodwill and is put forward in full and final settlement of your claim number ********. This means you also agree to notify the court of the agreed settlement and we will do the same.

 

If you are happy to accept my offer, please sign the settlement form I have included with this letter and return it to me within the next seven days. Once I have your settlement form back, I will add the refunds to your account.

 

I look forward to hearing from you shortly in response to this offer and avoid taking up valuable court time.

 

Yours sincerely,

 

**

Executive Office

For and on behalf of Capital One Bank (Europe) plc

 

 

Complaint Settlement Form

To:

Executive Office

Capital One Bank (Europe) plc

PO Box 5281

Nottingham

NG2 3HX

From:

County Court Claim Number ********

Your ref: ****-****-****-****

I confirm my acceptance of Capital One's offer to refund the default fees and the interest totalling to £875.60, which is the full amount stated on my claim form.

 

I confirm this offer is accepted in full and final settlement and without any admission of liability on the part of Capital One of court claim number ********. I will not take any further action against Capital One and I also agree to notify the court to confirm settlement has been reached.

 

Signed......

Date........

 

Signed on behalf of Capital One

.**.....

 

Dated

.28/9/06....."

[Pixlmixer]

CONGRATULATIONS - Hooray for you Mr Mean ;-)

 

It's great to see they're still paying up (or should that be playing). Just don't cancel the claim till the moneys in your hands...

[Bean]

Thanks Pixlmixer, I have sent them the completed Complaint Settlement Form. They say they will credit my account when they receive it.

[JonCris]

Well done

 

Do not sign "full & final"

 

Reserve your legal position regarding any matters in relation to this claim which you may wish to consider at a later date.

[Bean]

I have sent them the completed Complaint Settlement Form

 

Already signed and sent.

[Jhawc24]

Congrats Bean on your success! I am just preparing my MCOL and really nervous, but when I read through these threads it gives me hope.

 

I see Cap1 will refund to your account, as my charges outweigh how much is owed on my account I was wondering if in this situation do they clear the account and put it in credit or send a cheque for the difference?

 

Well done x

[Bean]

Thanks Jhawc24,

 

No need to be nervous at all, you are in a very strong position.

 

I expect they would credit your account to return it to a 'nil' balance, and send you a cheque for the extra bit. That would seem reasonable. [This is afterall a credit card, not a debit card.] In my case, the repayment clears about 70% of the outstanding balance.

 

I wish you well with your claim,

[moltonbrownqueen]

hi Bean

Firstly, congrats on your victory.

i'm just about to start my recovery from Cap1, but how likely do you think they are to close my card? I quite like my little cap1 card, it has been very useful in rebuilding my credit status, and i would be quite sorry to have it taken away.

Don't mean to hijack your thread either.

Well done again.

 

Regards

[davisc02]

No need to worry about them closing the account. When they send you an offer letter there is a question at the bottom saying something like "yes I wish to have my account closed" or "no I wish to continue using my account" (or something like that) and you chose what you want to do.

[Bean]

hi Bean

Firstly, congrats on your victory.

i'm just about to start my recovery from Cap1, but how likely do you think they are to close my card? I quite like my little cap1 card, it has been very useful in rebuilding my credit status, and i would be quite sorry to have it taken away.

Don't mean to hijack your thread either.

Well done again.

 

Regards

 

Read this:

 

http://www.consumeractiongroup.co.uk/forum/general/14893-fsa-position-account-closures.html

 

Which includes, for example:

"Briefing Note BN 023/06

4 July 2006

FSA position on account closures and default charges

 

Generally, under FSA rules on dispute resolution and complaints, we would not expect any regulated firm to discriminate against a customer who makes a complaint.

 

However the relationship between a bank and its account holders, including the circumstances and manner in which accounts are closed, is governed by the Banking Code.

 

We have therefore raised this issue with the Banking Code Standards Board, and informed those firms involved that we have done so. As a result of those conversations, we understand that the Banking Code Standards Board intends to state its position on this issue presently. We encourage the industry to use this opportunity to demonstrate the value of the Code in ensuring fair and reasonable outcomes to such disputes."

[Bean]

I have checked and found that the 'goodwill' sum of £875.60 has been credited to my Capital One account.

 

I have donated 5% and completed the survey.

 

Thank you to the Consumer Action Group:D .

[ragsta]

luvely jubbly.

 

"and it is clear that you have no claim against Capital One" haha makes me laff

[elsinore]

!!!CONGRATULATIONS!!!

Belated but well meant, Bean and, of course, well deserved.

 

All the best

 

Elsinore