dottyanne v Capital One

[dottyanne]

Hi I have my data protection request for information letter ready to go - do i include the £10 for the statements then just wait 40 days till i get them?? After that i send the preliminary reqest for the charges back and take it from there? any advice please someone??

[markt]

i just called them up and said i would like all my statements to check i had claimed my expenses. mind you i have only had the card for just over a year.

 

worth a try tho

[DavidBellchamber]

Yes that's exactly what you do dottyanne. Following your preliminary letter you'll get the usual refusal letter, that they've done nothing wrong and it's all your own fault, etc.

 

Don't be put off by this. Just continue to the next stage which is to send the Letter Before Action (details elsewhere in this forum) giving them a further 14 days or else you will start court proceedings.

[JMio]

Good luck - keep us posted

[dottyanne]

Thanks all - im posting them recorded delivery and have marked 40 days from today in my diary - hopefully will receive the details of charges and/or statements by then and can send my letter before action!! thanks all i will keep you posted.. dotty xx

[dottyanne]

Received all statements, now how do i proceed? Do i ask for just the fees or do i add the 8% interest and ask for all that aswell?

 

PLEASE ADVISE ASAP

 

thanks

 

dottyxx

[keren29]

hi there dottyanne - now you have the statements, mark off the late payment and over limit fees.

 

you need to do a schedule of charges detailing the date, the amount, the type of charge it is and then send the preliminary letter. Don't add the 8% yet - you add that when/if you submit a court claim.

 

If you use one of the spreadsheets in the library (where tha prelim letter is) you can input them and it adds it all up for you. (a lovely warm feeling when you add it all up!)

 

Good luck!

[dottyanne]

Hi - ok have worked out claim without interest - the thing is they owe me in charges over £930 but my balance is only about £320, I am currently on a DMP just starting with the CCCS aswell - if they do pay up will they pay off the balance owed on my card and then send me a cheque for the rest - I am going to sent my letter before action out on Monday requesting the amount back - what are the chances of them settling?

[keren29]

hiya dottyanne - they will settle eventually, but be ready to put in the court claim and play any stalling games they play - it's your money, but they just don't like handing it back!

 

I think (I haven't had any money back from cap one yet) they will pay off your balance then send you a cheque for the remainder - it is probably worth checking out a few capital one 'settled' threads.

 

Feels good doesn't it for the boot to be on the other foot and for us to be doing the requesting of money!

[dottyanne]

Hey everyone - update - received bog standard letter today from Capital One - my original claim is for about £900 and they have offered to reduce all charges to the £13 - therefore offering a refund of £316.00 - this would clear all my capital one card but as i state above its about £900 short of what they have charged me in total!

 

Whats the next step? Has anyone settled for this , pushed for more or just gone for the whole lot?

 

If i am to proceed whats the next step? Does anyone know which letter i should send out?

 

dottyx

[HSBCrusher]

Go get the rest, although you will have to prise the money out of their cold dead fingers.

£900 is loads, you need every penny of it.

If you have done your LBA, and given a total of 28 days, then file your moneyclaim!!!!

 

Crusher:D

 

Edit.

 

Actually, Am I right in assuming you have sent just one letter???

[keren29]

hiya dottyane

 

go for it!!

 

It will take a bit longer, but if you can afford to wait, get the whole lot back.

 

You've sent the prelim letter, have you sent the letter before action? If you haven't you need to send this one next. It is in the library where you found the preliminary one.

 

If they have already refunded the money ,amend your schedule reducing it by the amount refunded and also the total asked for.

 

If they haven't refunded it, ask for the whole lot.

 

If you have already sent the letter before action and it is 14 days since then, next is taking them to court.

 

Go for it! They wouldn't offer that much as a refund if they were in the right.......would they......

[dottyanne]

Hi all - I sent the letter before action on the 12th August 2006, requesting the amount of £973.00 back - the letter i got today offers me £361.00 - a difference of £612.00 - so their time was up on the 26th August 2006. If they would have offered me maybe 2/3 of the sum i may have been tempted to accept but not a third!! What do i do now? Would i be better to ask for more back and tell them if they dont pay up a larger sum i will take them to Court or just go for it? Only problem is i dont have a credit or debit card to file the claim online?

 

dotty x

[keren29]

hi there dottyanne - I wouldn't bother with another letter as you've sent the preliminary and the letter before action, Ithink they will see it as an empty threat as the 14 days has expired on the letter before action.

 

You can file your claim at your local court where you don't need a debit or credit card. I've done all mine online but I've seen plenty of threads where they have done it in person. The court staff all seem to be very friendly and helpful.

[dottyanne]

hi karen - so what form do i need to complete - and what should the contents be? im sorry to be a pain but im a bit stumped here. Would i go to local magistrates court or county court? can you send me a link to the form and contents?

 

thanks a lot

 

dotty x

[keren29]

Hi - I'm not sure to be honest, I think it is an N1, but I'm not sure. Where I live, all the courts (magistrates and County) are all in the same building.

 

Can a mod/site helper answer?

[keren29]

Yes, it is an N1. Have a look at this thread, point 5.

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/243-step-step-instructions.html

[HSBCrusher]

you seem to have taken care of it karen:D

[dottyanne]

Ok so should i write to capital one accepting the £300 odd quid as partial settlement - give them some time to pay the remaining £600 odd quid and state that if not received then i will proceed with court, interest and costs......... - say 7 days and if they dont pay up the rest do i do a claim for the full amount if they havent sent me the money partially offered ( they want me to sign an agreement first before they credit the money back as full and final settlement)or the amount less what they offered even if they havent paid it to me yet? - sorry confused

[HSBCrusher]

Accept the £300 as a partial offer towards the full amount and you will still be pursuing the rest (I did with Cap 1 but to no avail)

If you have done your 2 letters, and given a total of 28 days, then file your moneyclaim!!!! (or N1)

No need for any more time for Capital 1.

That means, they have not paid you the full amont according to your timescale, you go to court. That's it. Full stop.

If the £300 does come into your account you can always reduce the amount claimed for later.

 

It's your money, go get it back!!!!

[uk2000steve]

Hi All,

 

I've just received an offer from Capital One - my original claim was for about £650 and they have offered to reduce all charges to £12 as recommended by the OFT as being fair???

Therefore offering a refund of £225

 

Without putting a damper on things i guess this is correct???

 

Also, they are refusing to remove any credit defaults as they say this is the correct action. Is this right?

 

Whats my next step - please?

 

Should I settle for amount as being reasonable?

Should I accept that they will not remove any credit defaults?

 

Any advice appreciated

 

East Sussex

[HSBCrusher]

No!

Don't settle!

The oft said that £12 is the level at which they would be forced to take action, this was in no way set as a reasonable level.

I had the same letter.

Progress with your claim as normal. This is just a stalling tactic.

If the default is down to unfair charges, you can sill get them removed.

 

Keep to your path, these things are designed to put you off track.

 

Crusher:D

[dottyanne]

Ok - just to clarify sent my LBA - they responded with the letter saying they would only charge me the £12 per charge - offering a refund of £361 on a claim for the refund of £943.00 - Do i ignore this letter and proceed with my claim in court or write to them accepting the sum of £361 as partial settlement and then continue the cliam for the difference of £582 plus costs plus 8% interest ??

 

Please help!!!!!!!!

[gargoil]

Proceed to court and you will have the full amount in a few weeks time! I'm at the exact same stage with Crapitol One as you. Theres no way I'm letting them fob me off like this! I said I wouldn't be accepting this offer and would proceed to court!

[dottyanne]

So basically do i ignore their offer as its over 14 days since i sent my LBA. And just go on with the N1 or moneyclaim online?