Capital One Charges Process - please help

[loobyloo35]

I have started a new thread as I am now looking for some fresh advice/pointers.

 

In Jan this year I received a default for my crap one card, owing just over £400. I knew this was all charges so have started my retaliation.

 

I have recently had some goodwill monies refunded (£36) and now have received my full PPI plus interest of around £60 refunded. I now need to hit them with my overlimit fees and non payment fees etc.

 

My balance is now around £335 and since Jan 05 when I had the account I have been hit with £856 worth of charges. I received a letter from CO offering me £138 in full and final settement of my claim - well I think we all know the answer to that offer!

 

I was then fortunate to have some help in finding the money saving expert calculator whereby it works out the interest per charge, so I have done this schedule and sent it to them - the total I am claiming i now just over £1,000.

 

I wrote to CO yesterday RD enclosing a schedule of fees and declining their offer of £138...... this is the letter.

 

Thank you for your recent offer of £138.00 as a gesture of goodwill, I must inform you that I will not be accepting this offer.

 

As outlined in my earlier correspondence I explained that the charges you have applied to my account are contrary to the UTCCR, furthermore in the alternative, I believe that your charges are a Penalty.

 

Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79, along with Murray v Leisure Play [2005] EWCA Civ 963.

 

 

As I am being pursued by Frederickson International for a balance of £388.59, minus £51.17 off PPI and £4.07 of associated interest which you have recently refunded, leaving a balance owing of £333.35, I offer you two options to resolve this matter:

• You refund me in full and final settlement of £1,004.51 as per the attached schedule of the charges and interest at the statutory rate, the amount the Court will award.
  

• You settle the balance direct with Frederickson International of £333.35 and refund me the remaining amount of £671.16
  

In addition to the full payment of the sum mentioned above, I require that you remove the Default Notice and any adverse comments from the register.

 

Please note that mere correction or amendment to the entry will not be acceptable. I would remind you that the misuse of personal data in this way is contrary to the Data Protection Act and is probably defamatory.

 

As you are fully aware, I only had a £200.00 credit limit on my account and did not have the facility to spend over that limit. The only reason my account went over this amount is purely because of unlawful penalty charges levied onto the account by Capital One.

 

Although my original letter informed you that I would start legal proceedings within 14 days, as a gesture of goodwill, I will give you an extra 14 days to resolve this matter out of court. If this is not done within 14 days, I will be forced to start legal proceedings to recover this money and to have the Default Notice removed from my credit file. This will inevitably involve you in more costs.

 

I hope this letter reads OK and if anyone has any thoughts please let me know - however this letter was posted to them yesterday!

 

Now my next course of action is obviously going to be the Court form if they do not come back to me within the 14 days.

 

Has anyone ever got to court stage and if so how much does it cost to get the forms underway to get the Default removed and then charged to Crap One?

 

Thanks

[oldmodcon]

You can save yourself some money by going through the Financial Ombudsman Service. You need to have a final ofer legtter from Cap One before you can do that. Once you have go to the FOS website and fill out a complaints form. Its free and they will take up the case.

 

Mine took about 6 - 8 weeks and initially Cap One refused to budge but once the FOS threatened them with a full investigation they agreeed to settle in full

[loobyloo35]

You can save yourself some money by going through the Financial Ombudsman Service. You need to have a final ofer legtter from Cap One before you can do that. Once you have go to the FOS website and fill out a complaints form. Its free and they will take up the case.

 

Mine took about 6 - 8 weeks and initially Cap One refused to budge but once the FOS threatened them with a full investigation they agreeed to settle in full

 

Thanks alot for your email - they did offer the £138 but no mention of the FOS so I will wait and see what they come back with first and then go via the FOS if they don't cough up!