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Burchell v. Capital One - BRING IT ON! Money Claim Filed!


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12/6/06 - Sent request for repayment of charges totalling £320

21/6/06 - Capital One replied with an aknowledgement letter ("going to take us a few weeks to look into it")

28/6/06 - Sent LBA letter

30/6/06 - Capital One replied offering difference between £20 fee and £12 fee (total of £128).

22/7/06 - Sent letter (I'd been on hols!) thanking them for the 'goodwill' payment but as deadline had now passed, I would be claiming the difference via the Small Claims Court.

26/7/06 - Money Claim filed for £232.14 (£212 in fees plus £20.14 in interest)

 

I'll let you know how things go....

 

PS. I'm constantly amazed at how quickly some of the banks are willing to offer some sort of refund - the LBA letter is the one that makes them sit up and listen.

Nationwide Current a/c - MCOL filed 16/8/06 - Refunded 1/9/06

Lloyds TSB CC#1 - Failed to respond in full to Data Protection Act. Awaiting date of court hearing

Lloyds TSB CC#2 - Awaiting date of court hearing

Marbles CC - Refunded at LBA stage £100!!!

Citi CC - Date of hearing set at 15/1/07

MBNA (Abbey) CC - MCOL filed 27/7/06 - Refunded in full on day Abbey had to acknowledge claim!

Capital One CC - MCOL filed 27/7/06 - Refunded in full 17/8/06!

Abbey Current a/c - Awaiting date of court hearing

HFC Loan - MCOL filed 25/8/06 - Refunded 8/9/06

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Not for me it wasn't. Capital One never bothered to even respond to mine! So I just filed a Moneyclaim instead.

NatWest:

6/6/06 - Data Protection Act sent - £10 paid.

8/6/06 - Data Protection Act & £10 signed for.

29/6/06 - Statements received.

30/6/06 - Prelim letter £1397.94

11/7/06 - Prelim letter rejected

12/7/06 - Sent LBA

18/7/06 - LBA Rejected

24/7/06 - Moneyclaim £1779.56

31/8/06 - AQ Received

1/9/06 - Sent AQ + £100 (New Total: £1879.56)

16/9/06 - Received Cobbetts AQ

19/9/06 - Offer £1000 (Rejected)

22/9/06 - Settled in FULL £1879.56 (with disclosure)

Capital One:

6/6/06 - Data Protection Act sent

1/9/06 - Settled in FULL £775.37 (Default NOT removed)

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Hi Delorean, looks like we're pretty close together on our Moneyclaim's against Capital One! Let's keep in touch so we can compare progress!

Nationwide Current a/c - MCOL filed 16/8/06 - Refunded 1/9/06

Lloyds TSB CC#1 - Failed to respond in full to Data Protection Act. Awaiting date of court hearing

Lloyds TSB CC#2 - Awaiting date of court hearing

Marbles CC - Refunded at LBA stage £100!!!

Citi CC - Date of hearing set at 15/1/07

MBNA (Abbey) CC - MCOL filed 27/7/06 - Refunded in full on day Abbey had to acknowledge claim!

Capital One CC - MCOL filed 27/7/06 - Refunded in full 17/8/06!

Abbey Current a/c - Awaiting date of court hearing

HFC Loan - MCOL filed 25/8/06 - Refunded 8/9/06

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Mine was filed on 29th, so will be watching your threads closely

Abbey Prelim Letter sent 16/06/06 - LBA sent 30/06/06 - MCOL served 22/07/06 - Acknowledged 26/07/06 - Defended 16/08/2006 - Settled 20/09/06 :o

Abbey 2 Prelim Letter sent 22/09/06

Abbey 2 LBA sent 9/10/06

MCOL 03/11/06

Cap One Prelim sent 28/06/06 - LBA sent 13/07/06

MCOL served 05/08/06 - Acknowledged 02/08/06 - Served 05/08/2006 -Settled in full 22/08/06 :D :D

Halifax Prelim sent 03/07/06 - LBA sent 17/07/06

MCOL issued 03/08/06 - settled in full 09/08/06 :D

MBNA S.A.R sent 21/08/06 Settled 21/09/06 :-o

Morgan Stanley S.A.R sent 29/09/06

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See my thread for the latest info.

 

Seems things are going well so far, the finishing line is almost in sight. :)

NatWest:

6/6/06 - Data Protection Act sent - £10 paid.

8/6/06 - Data Protection Act & £10 signed for.

29/6/06 - Statements received.

30/6/06 - Prelim letter £1397.94

11/7/06 - Prelim letter rejected

12/7/06 - Sent LBA

18/7/06 - LBA Rejected

24/7/06 - Moneyclaim £1779.56

31/8/06 - AQ Received

1/9/06 - Sent AQ + £100 (New Total: £1879.56)

16/9/06 - Received Cobbetts AQ

19/9/06 - Offer £1000 (Rejected)

22/9/06 - Settled in FULL £1879.56 (with disclosure)

Capital One:

6/6/06 - Data Protection Act sent

1/9/06 - Settled in FULL £775.37 (Default NOT removed)

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Capital One have acknowledged my claim today - so I think that gives them an extra 14 days to respond - is that right?

Nationwide Current a/c - MCOL filed 16/8/06 - Refunded 1/9/06

Lloyds TSB CC#1 - Failed to respond in full to Data Protection Act. Awaiting date of court hearing

Lloyds TSB CC#2 - Awaiting date of court hearing

Marbles CC - Refunded at LBA stage £100!!!

Citi CC - Date of hearing set at 15/1/07

MBNA (Abbey) CC - MCOL filed 27/7/06 - Refunded in full on day Abbey had to acknowledge claim!

Capital One CC - MCOL filed 27/7/06 - Refunded in full 17/8/06!

Abbey Current a/c - Awaiting date of court hearing

HFC Loan - MCOL filed 25/8/06 - Refunded 8/9/06

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When you file the moneyclaim they have 14 days to acknowledge.

 

On the form the court sends you it shows their idea of the service date. Now they have acknowledged your claim, they have 28 days from the service date to file a defence/respond else you file judgement against them.

NatWest:

6/6/06 - Data Protection Act sent - £10 paid.

8/6/06 - Data Protection Act & £10 signed for.

29/6/06 - Statements received.

30/6/06 - Prelim letter £1397.94

11/7/06 - Prelim letter rejected

12/7/06 - Sent LBA

18/7/06 - LBA Rejected

24/7/06 - Moneyclaim £1779.56

31/8/06 - AQ Received

1/9/06 - Sent AQ + £100 (New Total: £1879.56)

16/9/06 - Received Cobbetts AQ

19/9/06 - Offer £1000 (Rejected)

22/9/06 - Settled in FULL £1879.56 (with disclosure)

Capital One:

6/6/06 - Data Protection Act sent

1/9/06 - Settled in FULL £775.37 (Default NOT removed)

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Received the acknowledgement through in the post today - they say they are defending the claim in full!

Nationwide Current a/c - MCOL filed 16/8/06 - Refunded 1/9/06

Lloyds TSB CC#1 - Failed to respond in full to Data Protection Act. Awaiting date of court hearing

Lloyds TSB CC#2 - Awaiting date of court hearing

Marbles CC - Refunded at LBA stage £100!!!

Citi CC - Date of hearing set at 15/1/07

MBNA (Abbey) CC - MCOL filed 27/7/06 - Refunded in full on day Abbey had to acknowledge claim!

Capital One CC - MCOL filed 27/7/06 - Refunded in full 17/8/06!

Abbey Current a/c - Awaiting date of court hearing

HFC Loan - MCOL filed 25/8/06 - Refunded 8/9/06

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Same with mine. Still waiting now for the dealine... :)

NatWest:

6/6/06 - Data Protection Act sent - £10 paid.

8/6/06 - Data Protection Act & £10 signed for.

29/6/06 - Statements received.

30/6/06 - Prelim letter £1397.94

11/7/06 - Prelim letter rejected

12/7/06 - Sent LBA

18/7/06 - LBA Rejected

24/7/06 - Moneyclaim £1779.56

31/8/06 - AQ Received

1/9/06 - Sent AQ + £100 (New Total: £1879.56)

16/9/06 - Received Cobbetts AQ

19/9/06 - Offer £1000 (Rejected)

22/9/06 - Settled in FULL £1879.56 (with disclosure)

Capital One:

6/6/06 - Data Protection Act sent

1/9/06 - Settled in FULL £775.37 (Default NOT removed)

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Tick tock tick tock..... :-)

Nationwide Current a/c - MCOL filed 16/8/06 - Refunded 1/9/06

Lloyds TSB CC#1 - Failed to respond in full to Data Protection Act. Awaiting date of court hearing

Lloyds TSB CC#2 - Awaiting date of court hearing

Marbles CC - Refunded at LBA stage £100!!!

Citi CC - Date of hearing set at 15/1/07

MBNA (Abbey) CC - MCOL filed 27/7/06 - Refunded in full on day Abbey had to acknowledge claim!

Capital One CC - MCOL filed 27/7/06 - Refunded in full 17/8/06!

Abbey Current a/c - Awaiting date of court hearing

HFC Loan - MCOL filed 25/8/06 - Refunded 8/9/06

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I had a reply to my LBA from Capital One yesterday. They must be way behind with their paperwork, I sent that letter to them on 22nd July!

Nationwide Current a/c - MCOL filed 16/8/06 - Refunded 1/9/06

Lloyds TSB CC#1 - Failed to respond in full to Data Protection Act. Awaiting date of court hearing

Lloyds TSB CC#2 - Awaiting date of court hearing

Marbles CC - Refunded at LBA stage £100!!!

Citi CC - Date of hearing set at 15/1/07

MBNA (Abbey) CC - MCOL filed 27/7/06 - Refunded in full on day Abbey had to acknowledge claim!

Capital One CC - MCOL filed 27/7/06 - Refunded in full 17/8/06!

Abbey Current a/c - Awaiting date of court hearing

HFC Loan - MCOL filed 25/8/06 - Refunded 8/9/06

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i have just recieved statement fron crapital none, and i estimate they have charged me for late payments approx in the region of 340 so its off to canterbury court-again.., .the charges are excessive at 20 pounds per time.

hsbc

Claim served on 13-08-2006

 

full refund .19-08-2006,

23-08-06 cheque arrived £580-deal.:D

 

capital one .

Filed claim against 16-08-2006 for £340.

Capital one 02-09-06 offer £383 refund to account.deal:D

 

Abbey Data Protection Act 4-07-06

 

issued court claim for £189 16-10-06

waitng for allocation nov21-11-06:cool:

 

 

Pleae make a donation to site, when you win-- I DID

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RESULT!!!! (my second of the day in fact!).

 

I received a letter in the post from Capital One today offering to refund my claim IN FULL! Attached was a letter which they've asked me to sign:

 

'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 no. xxxxxxxx. I will not take any further action against Capital One and I also agree to notify the court to confirm settlement has been reached'

 

Well, I will obviously do that once I get my money!

Nationwide Current a/c - MCOL filed 16/8/06 - Refunded 1/9/06

Lloyds TSB CC#1 - Failed to respond in full to Data Protection Act. Awaiting date of court hearing

Lloyds TSB CC#2 - Awaiting date of court hearing

Marbles CC - Refunded at LBA stage £100!!!

Citi CC - Date of hearing set at 15/1/07

MBNA (Abbey) CC - MCOL filed 27/7/06 - Refunded in full on day Abbey had to acknowledge claim!

Capital One CC - MCOL filed 27/7/06 - Refunded in full 17/8/06!

Abbey Current a/c - Awaiting date of court hearing

HFC Loan - MCOL filed 25/8/06 - Refunded 8/9/06

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Fantastic news - well done!! :D:D

Abbey Prelim Letter sent 16/06/06 - LBA sent 30/06/06 - MCOL served 22/07/06 - Acknowledged 26/07/06 - Defended 16/08/2006 - Settled 20/09/06 :o

Abbey 2 Prelim Letter sent 22/09/06

Abbey 2 LBA sent 9/10/06

MCOL 03/11/06

Cap One Prelim sent 28/06/06 - LBA sent 13/07/06

MCOL served 05/08/06 - Acknowledged 02/08/06 - Served 05/08/2006 -Settled in full 22/08/06 :D :D

Halifax Prelim sent 03/07/06 - LBA sent 17/07/06

MCOL issued 03/08/06 - settled in full 09/08/06 :D

MBNA S.A.R sent 21/08/06 Settled 21/09/06 :-o

Morgan Stanley S.A.R sent 29/09/06

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Looking at your dates, it doesn't look like your money will be too far behind mine lknox! My fingers are crossed for you...

Nationwide Current a/c - MCOL filed 16/8/06 - Refunded 1/9/06

Lloyds TSB CC#1 - Failed to respond in full to Data Protection Act. Awaiting date of court hearing

Lloyds TSB CC#2 - Awaiting date of court hearing

Marbles CC - Refunded at LBA stage £100!!!

Citi CC - Date of hearing set at 15/1/07

MBNA (Abbey) CC - MCOL filed 27/7/06 - Refunded in full on day Abbey had to acknowledge claim!

Capital One CC - MCOL filed 27/7/06 - Refunded in full 17/8/06!

Abbey Current a/c - Awaiting date of court hearing

HFC Loan - MCOL filed 25/8/06 - Refunded 8/9/06

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I hope so, who knows - a letter might be waiting at home for me....

Did Cap One enter a defence before settling your claim?

Abbey Prelim Letter sent 16/06/06 - LBA sent 30/06/06 - MCOL served 22/07/06 - Acknowledged 26/07/06 - Defended 16/08/2006 - Settled 20/09/06 :o

Abbey 2 Prelim Letter sent 22/09/06

Abbey 2 LBA sent 9/10/06

MCOL 03/11/06

Cap One Prelim sent 28/06/06 - LBA sent 13/07/06

MCOL served 05/08/06 - Acknowledged 02/08/06 - Served 05/08/2006 -Settled in full 22/08/06 :D :D

Halifax Prelim sent 03/07/06 - LBA sent 17/07/06

MCOL issued 03/08/06 - settled in full 09/08/06 :D

MBNA S.A.R sent 21/08/06 Settled 21/09/06 :-o

Morgan Stanley S.A.R sent 29/09/06

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Congratulations!!! :)

 

Hopefully i'm not far behind you now as our MCOL's are rather close together!

NatWest:

6/6/06 - Data Protection Act sent - £10 paid.

8/6/06 - Data Protection Act & £10 signed for.

29/6/06 - Statements received.

30/6/06 - Prelim letter £1397.94

11/7/06 - Prelim letter rejected

12/7/06 - Sent LBA

18/7/06 - LBA Rejected

24/7/06 - Moneyclaim £1779.56

31/8/06 - AQ Received

1/9/06 - Sent AQ + £100 (New Total: £1879.56)

16/9/06 - Received Cobbetts AQ

19/9/06 - Offer £1000 (Rejected)

22/9/06 - Settled in FULL £1879.56 (with disclosure)

Capital One:

6/6/06 - Data Protection Act sent

1/9/06 - Settled in FULL £775.37 (Default NOT removed)

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Lknox, they only acknowledged the claim - they didn't enter a defence. Also, thanks delorean, interesting that your MCOL was submitted prior to mine and yet you still haven't heard from them?

Nationwide Current a/c - MCOL filed 16/8/06 - Refunded 1/9/06

Lloyds TSB CC#1 - Failed to respond in full to Data Protection Act. Awaiting date of court hearing

Lloyds TSB CC#2 - Awaiting date of court hearing

Marbles CC - Refunded at LBA stage £100!!!

Citi CC - Date of hearing set at 15/1/07

MBNA (Abbey) CC - MCOL filed 27/7/06 - Refunded in full on day Abbey had to acknowledge claim!

Capital One CC - MCOL filed 27/7/06 - Refunded in full 17/8/06!

Abbey Current a/c - Awaiting date of court hearing

HFC Loan - MCOL filed 25/8/06 - Refunded 8/9/06

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Yeah, I got a late (past deadline) response to my LBA. They'll probably take a month of Sunday's to issue a defence, although they acknowledged my MCOL quick enough.

 

Mine might take longer as I am claiming to have my default removed too under the same claim....?

NatWest:

6/6/06 - Data Protection Act sent - £10 paid.

8/6/06 - Data Protection Act & £10 signed for.

29/6/06 - Statements received.

30/6/06 - Prelim letter £1397.94

11/7/06 - Prelim letter rejected

12/7/06 - Sent LBA

18/7/06 - LBA Rejected

24/7/06 - Moneyclaim £1779.56

31/8/06 - AQ Received

1/9/06 - Sent AQ + £100 (New Total: £1879.56)

16/9/06 - Received Cobbetts AQ

19/9/06 - Offer £1000 (Rejected)

22/9/06 - Settled in FULL £1879.56 (with disclosure)

Capital One:

6/6/06 - Data Protection Act sent

1/9/06 - Settled in FULL £775.37 (Default NOT removed)

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Interesting - I put my money claim in on or around that date too, they wrote to me saying they intend to defend and I've heard nothing since.

 

Huge congrats on your result!!

Woolwich - £821 refunded on dispute 2004

Cap One - MCOL filed 25/7/06 £521.95

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Thanks. I expect you'll get your letter soon. Fingers crossed for that!

Nationwide Current a/c - MCOL filed 16/8/06 - Refunded 1/9/06

Lloyds TSB CC#1 - Failed to respond in full to Data Protection Act. Awaiting date of court hearing

Lloyds TSB CC#2 - Awaiting date of court hearing

Marbles CC - Refunded at LBA stage £100!!!

Citi CC - Date of hearing set at 15/1/07

MBNA (Abbey) CC - MCOL filed 27/7/06 - Refunded in full on day Abbey had to acknowledge claim!

Capital One CC - MCOL filed 27/7/06 - Refunded in full 17/8/06!

Abbey Current a/c - Awaiting date of court hearing

HFC Loan - MCOL filed 25/8/06 - Refunded 8/9/06

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Received letter from Capital One saying that I would receive a cheque within 10 - 14 working days. What a bloody cheek! How on earth can it take these institutions so long to get cheques printed? Anyway, I've filled out the judgment on Moneyclaim - so all done and dusted there!

Nationwide Current a/c - MCOL filed 16/8/06 - Refunded 1/9/06

Lloyds TSB CC#1 - Failed to respond in full to Data Protection Act. Awaiting date of court hearing

Lloyds TSB CC#2 - Awaiting date of court hearing

Marbles CC - Refunded at LBA stage £100!!!

Citi CC - Date of hearing set at 15/1/07

MBNA (Abbey) CC - MCOL filed 27/7/06 - Refunded in full on day Abbey had to acknowledge claim!

Capital One CC - MCOL filed 27/7/06 - Refunded in full 17/8/06!

Abbey Current a/c - Awaiting date of court hearing

HFC Loan - MCOL filed 25/8/06 - Refunded 8/9/06

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so you've carried on with MCOL until the cheque is cleared?

 

i'll do the same then (not that i've heard anything back yet from Capital One or Natwest and the deadlines are this Saturday and Sunday respectively eeeeek!!!)

NatWest:

6/6/06 - Data Protection Act sent - £10 paid.

8/6/06 - Data Protection Act & £10 signed for.

29/6/06 - Statements received.

30/6/06 - Prelim letter £1397.94

11/7/06 - Prelim letter rejected

12/7/06 - Sent LBA

18/7/06 - LBA Rejected

24/7/06 - Moneyclaim £1779.56

31/8/06 - AQ Received

1/9/06 - Sent AQ + £100 (New Total: £1879.56)

16/9/06 - Received Cobbetts AQ

19/9/06 - Offer £1000 (Rejected)

22/9/06 - Settled in FULL £1879.56 (with disclosure)

Capital One:

6/6/06 - Data Protection Act sent

1/9/06 - Settled in FULL £775.37 (Default NOT removed)

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When you go to request judgement on Moneyclaim, you just tick the box that says 'the defendant admits that all the money is owed' - which is what they have done. This then gets sent to them. I hope I've done the right thing - it seemed OK to me!

Nationwide Current a/c - MCOL filed 16/8/06 - Refunded 1/9/06

Lloyds TSB CC#1 - Failed to respond in full to Data Protection Act. Awaiting date of court hearing

Lloyds TSB CC#2 - Awaiting date of court hearing

Marbles CC - Refunded at LBA stage £100!!!

Citi CC - Date of hearing set at 15/1/07

MBNA (Abbey) CC - MCOL filed 27/7/06 - Refunded in full on day Abbey had to acknowledge claim!

Capital One CC - MCOL filed 27/7/06 - Refunded in full 17/8/06!

Abbey Current a/c - Awaiting date of court hearing

HFC Loan - MCOL filed 25/8/06 - Refunded 8/9/06

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