Milo19 Vs Capital One - **WON**

[Milo19]

Made 1st approached for repayment on 5th July for £860.00, received letter from Mr. Robert Udy offering £214.00 - Wrote back with this response.

Thank you for your letter dated 18th July 2006.

I have to say that I find your offer of £264.00.00 some what insulting taking into account that the total Capital One have charged me currently stands at £660.00. I have included two charges that have been added since my first letter.

I am happy to acknowledge this as partial payment of the money owed to me, however I will still be looking for payment of the outstanding amount and this does not constitute closure of my overall claim.

With regard to your comments concerning the OFT statement of April 5th, whether or not you disagree with the OFT's analysis is irrelevant.

Indeed, your response indicates that you have clearly missed the whole point of the OFT enquiry, and subsequent statement. In line with the OFT, customers also agree that banks have a right, as a business, to levy charges where there has been a requirement to intervene in customer accounts. The argument of customers, and also of the OFT, is that these charges must be fair, proportional, and a reflection of the actual loss to the bank for their action.

 

When the charge is issued as a penalty, the position of customers and the OFT is that the charge is unlawful under contract law, and is therefore unenforceable. To quote the OFT statement, 'We consider that a contract term is likely to be unfair if it requires consumers to pay more as a result of a default than the court would order them to pay if they were sued for breach of contract. This means that a default charge should not exceed a reasonable pre-estimate of the administrative costs that the consumer ought to have realised would be likely to be incurred by his or her card issuer in dealing with defaults.'

 

Additionally, the OFT did NOT state that it 'believes a default fee of £12 is fair.' What they actually said, and I quote, 'We are not suggesting that default fees should be set at £12, and a court will certainly not consider that a default fee is fair just because it is below the threshold.'

 

As you are clearly aware, most banks, as well as the BBA, have indicated that they think the analysis is wrong, unfair, or only related to credit cards. However, the fact remains that the OFT has stated it is subject to all consumer contracts - including bank accounts, overdrafts and mortgages

 

When the OFT makes a ruling, then creditors are expected, and indeed required, to comply. All banks and credit card companies, in general, hold licences to lend money under the Consumer Credit Act 1974.

With this in mind, and considering your ill-judged analysis, I may refer this to the OFT for misrepresentation, and one of the punishments available, is the revoking of a licence under the 1974 Act.

I require repayment in full of this money an if you do not comply fully within 14 days then I shall begin a claim against you for the full amount with interest plus my costs and without further notice.

I look forward to hearing your comments

Now just waiting to hear from them. They have until10th August.

 

[elsinore]

Top notch letter Milo!

[Milo19]

Recieved a letter back to saying, "sorry to hear your disappointed, we dont have to give you anything, and our offer was out the kindness of their hearts"

 

Laugh is this came all too late, as they ran out of time, and more than likely Mr Robert Udy already has the court paper sitting in his in tray!!!!

[Milo19]

Letter recieved whilst I was in New York, dated 01/09 -

 

OFFERING FULL SETTLEMENT, WITH NO CONDITIONS. JUST WAITING FOR CHEQUE.

 

They aplied to more charges during this, so I wrote them a covering letter when I sent their form back saying, refund them, or I'll do the same!!!!

 

LOVELY - £827.95 - Just as I come back from holiday, and belive me, I'm now skint!!!!

 

YEAH BABY!!

[elsinore]

Nice work Milo, congratulations!!

 

Elsinore

[Milo19]

Thank you - Just waiting for cheque before advising the court!!!

[Milo19]

Still not recieved a cheque, its been over a week?? any ideas!!??

[elsinore]

Did they actually say they would send you a cheque? Worth checking your account to see if they have credited the sum there.

 

If not give them a call and ask.

 

Elsinore

[Don4071]

Hi Milo19,

 

After receiving a similar reply from Mr Rober Udy, offering to reduce the fees added to £12 each - do you mind if I pinch your letter as I thought it was brill!

[Pixlmixer]

Hi Milo,

I really hope it comes through for you.... Just had a very discouraging conversation with Cap1 saying that they have been cleared by the OFT to only pay the exess of £12 fee this week so are not paying out anymore full claims.

I am in a real quandery now as my claim has other complications.

Good luck!

[Don4071]

....Just had a very discouraging conversation with Cap1 saying that they have been cleared by the OFT to only pay the exess of £12 fee this week so are not paying out anymore full claims.....

 

But aren't you also actioning on the grounds that you are claiming for monies taken by them in the form of charges, which is a disproprotiate penality and consequently unenforceable - contrary to common law. Invalid under the Unfiar (contracts) terms act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

 

and of course in your letter(s) to Capital One you would have asked Capital One to justify their charges but haven't done.

 

Capital One keep leaning towards what the OFT have stated but it's more than that.

[Milo19]

Hi Milo19,

 

After receiving a similar reply from Mr Rober Udy, offering to reduce the fees added to £12 each - do you mind if I pinch your letter as I thought it was brill!

 

Yes, no problem, just don't sign it from me

 

Hi Milo,

I really hope it comes through for you.... Just had a very discouraging conversation with Cap1 saying that they have been cleared by the OFT to only pay the exess of £12 fee this week so are not paying out anymore full claims.

I am in a real quandery now as my claim has other complications.

Good luck!

 

Don't worry, as soon as they get the court papers, they cave in. If you get to the AQ bit, just ask the judge for a disclosure, they then sh*t themselves and pay up, or offer to at least.

 

 

I've sent a letter to a Mrs. Angelina Wilson, top dog at the executive office asking where the hell my cheque is and where my letter is confirming account closure!

[Don4071]

Don't worry, as soon as they get the court papers, they cave in. If you get to the AQ bit, just ask the judge for a disclosure, they then sh*t themselves and pay up, or offer to at least.

 

What do you mean by asking the judge for a disclosure? Tried reading through other threads and FAQ - but can't see it. Sorry if it's a daft question.

[Pixlmixer]

Thanks Milo... Still no payment - incredible.

Watching this space, along with quite a few others too I should think.

Yes, pray tell more about this disclosure business...

[Don4071]

Hi - I think I've fathomed out what is meant by asking the judge/court for 'disclosure'.

 

I think it's where you can request the bank to lodge in court financial vouching for the actual loss sustain in your case, together with the banks full financial accounts revealing how much inome is generated from their bank charges, against the cost of administering dishonoured transactions.

 

Maybe wrong????