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Capital One next stage help


animal_lover
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I sent off my request for all charges to be refunded to the amount of nearly £200 they sent me an offer of £56 which i rejected now they have sent me a letter saying that they believe there default sums to be fair and legal (20 for charges and £20 for going over the limit for 5 consecutive months, but they are still willing to offer me the £56 and this is there final offer.

What should i do

 

accept the £56

send a letter before action or

go to the FOS

 

I want to try avoiding going to court if possible as i wouldn't now what to do plus it reallyt scares me(stupid i know)

 

Any help would be great

 

Thanks :)

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They offer you a paltry amount. You reject it. They offer it again saying its their final offer, blah blah. You file N1 at court for the full amount. They acknowledge claim and say they'll defend. They don't defend. Usually about 2 weeks later you get another letter full of rubbish, but offering you the full amount, plus court costs and 8% stat interest, and probably purchase interest.

Sorted.

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I've just been going through my statements again after i saw a thread about contractual interest.

I've got a couple that say interest(applied)

is that contractual interest?, and can i claim it back. :)

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No, that is not contractual interest, they will say its the interest charged on your cash advances/purchases, ie for them "lending " you the money. Contractual interest is basically when you charge them interest on the charges you're claiming back, at the same rate they've been charging you. And you compound it. There is a spreadsheet you can use for this, but if you want to claim CCi you have to do it from the beginning, you can't just add it on when you get to the N1 stage. And tbh, in my opinion, it can get quite complicated. If I were you I wouldn't bother with it. No doubt others would disagree but thats just my opinion..

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I think there have been other posts in this forum that state that MCOL is staying credit card claims too although they're not supposed to. I understand that as it a semi automated process it doesn't always differentiate correctly between bank & credit card charges claims. I have just filed an N1 for Cap 1 at my local court. It's just as easy providing you live fairly close to a court.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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MCOL will automatically stay the claim. Also you can fit more wording on for your POC using the N1.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Yes, go ahead. You've given them the opportunity to settle at YOUR figure not theirs & they've not taken it. Unfortunately cos' they're so shortsighted/pigheaded & profligant with their customers' money in unneccessary court costs, with Cap1 the only way to get your rightful entitlement is to issue the N1. File the letter above just in case you need to submit it to court at any stage although it's appears it's more than likely they'll say they're going to defend & then almost in the same postbag (if not the post before!) settle the full amount you're claiming plus court costs.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Suggest you start your own thread to get specific help with your claim.

 

For your info, you can download the N1 form online The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available

 

There is a fee to pay depending on amount of your claim.

 

However before you go the court route, you need to follow the prelims. for claims. Suggest you read, read & read advice in this forum including FAQs before submitting a claim. Get it right first time, it'll save you a lot of hassle, maybe money too.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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