maxwjz VS capital 1

[maxwjz]

hi

today i have recieved my statements from capital one,looking through them i have been charged 1151 quid over the last 5 years:o.i have just sent a prelim letter kindly asking for it back.lets see their response.bring it on;-).will keep posted.

[chriswatkins]

good luck Maxwjz, I sent off prelim giving them 14 days, they have till thursday to reply then its LBA

[maxwjz]

if i were to file a claim with money claim after LBA claim how much would this cost?

[maxwjz]

Have not recieved anything from capital one,i have today sent my LBA letter.so lets see.keep you posted.

[maxwjz]

I sent my lba letter to Cap One 05/0906 asking for nearly £1151 in charges - Got a letter off them today.....

 

"Sorry you feel this way....you signed the agreement which included the fees.... As you're probably aware, the OFT are not challenging the right of banks to charge default fees, but merely the level of those fees. Although we feel £20 is a just fee. We have reduced our fees to £12 so that we're in line with our competitors. I appreciate that you have incurred charges at a higher rate and we'd like to address this [how nice of them!]. I've reveiwed your account and as a matter of goodwill i'd like to reduce the fees we've already added to your account to £12 each. So I can do these refunds totalling £328, please sign and return the settlement form i've included. Once I get this back i'll refund you a cheque. ........Once again, i'm sorry to hear you've had doubts about our integrity but I hope i've restored your faith in us today[!!!!!! ]"

 

 

What should I do now? I don't want to settle on this but i'm worried if I get to court i'll have to go all the way and if that happens its just my luck i will lose:mad:

 

Any help would be most appreciated. Has anyone else had this sort of offer (not just a partial offer which I know a lot of people get, but one that consists of the difference between their old unlawful charges and the new lawful ones) and said no thanks I want it all, and actually won???? Thanks

[Don4071]

Has anyone else had this sort of offer (not just a partial offer which I know a lot of people get, but one that consists of the difference between their old unlawful charges and the new lawful ones) and said no thanks I want it all, and actually won???? Thanks

 

Hi Maxwyz,

 

Don't know if this helps you at all but after sending off my preliminary letter to Capital One, I had exactly the same response as you, from Mr Uddy.

 

I was a bit nervous at first (as it's quite a convincing and well argued letter), however after thinking about it I made the decision to accept their offer as partial payment and carry on with claiming the rest of the money. I've now sent of LBA.

 

Capital One have until 9th October before I need to file with the Small Claims Court and I haven't hear anything from them. I havent yet 'won' or anything, but I personally wouldn't be put off pushing ahead with your claim - if you want to.

 

Would like to find out as well if anyone has won - despite being offered to reduce the fees to £12.

[maxwjz]

what is the difference between a N1 County Court claim form and doing the money claim form.

can someone help???

[AndyE]

They are effectively the same thing, only one's paper and the other's electronic. Filing on paper is mildly more flexible if you've got complex particulars of claim (which for bank charges you haven't).

[maxwjz]

I,m Just filling out the money claim form online.do i need to send a copy of the charges plus the 8% intrest i am claiming?

I have already sent a copy of the charges without intrest.

Any help will be great.

[maxwjz]

I have submitted my claim on MCOL,think ive done it right,doing the N1 form seemed a bit complex for me,also i am unable to get time off work to go to the court.do you know if i have to send another list of charges including the intrest to capital one?and how long do they have before getting back to me?

 

jamie

[Jacqueline07]

Hey Jamie - Capital One are on my list also - just received my notice of issue so my claim has to be acknowledged by 6th November. See my reply to the London Scottish thread - same answer applies. Wait for your notice of issue - 14days from this to acknowledge, then 14 days to defend if they acknowledge (which I think Capital One do). By the looks of these other good people on COne site - they normally pay up once they have acknowledged, fingers crossed!!

 

Jackie

[maxwjz]

I have recieved the notice of issue from the court today and it will be deemed to be served on the 5th nov,so they now have untill the 19th nov to reply.

[Don4071]

Keep going maxwj

[macleodalex]

Yes recieved exactly the same letters as you. I'm going accept the payments but let them know that I'm expecting all charges refunded and shall start filling in court claims form. Because one of the claims was over £1000 I would have had to pay higher cost but now I can go through the small claims.

[maxwjz]

The deemed served date was today 05/11/06,however capital one acknowledged this on 03/11/06.

am i missing something????

[Don4071]

I didn't do mine through MCOL but directly with the courts, so I'm not sure if the process is the same on not.

 

The court sent Capital One the 'papers' through the post, allowing a few days for the postal system, giving a 'deemed served' date of a few days after they had posted it.

 

I understand claims made via MCOL can be acknowledge by defendants over the internet. So if the courts have been a bit generous with the amount of days they have given for the postal system, it could be possible for Capital One to received and acknowledge it before the 'deemed served' date.

 

I'm not definate about that... but I have heard of this kind of thing happening before.

 

I take it you can still ask MCOL for clarification about their dates....

 

Anyhow, you should still get some positive news from Capital One around 19th November - the original cut-off date.

[maxwjz]

thanks amanda donalley

[maxwjz]

After looking on MCOL,in the judgement box it asks-

 

Do you wish to enter Judgment by Default or by Admission? Please select one of the options below:

The defendant has not filed an admission or defence to my claim

(Judgment by Default)

You will need to decide, how and when you want the defendant to pay. You can ask for the Judgment to be paid by instalment or in one payment.

The defendant admits that all the money is owed

(Judgment by Admission)

If the defendant has given a new address on the form of admission to which correspondence should be sent, update the defendant's details within the following Judgment request.

 

What does this mean and when do i fill this out?

Any help??

[Jacqueline07]

Hi Jamie - if Capital One have acknowledged the claim - they now have 14 days to submit their defence. They should (if mine was anything to go by) be writing to you to offer full settlement as a gesture of goodwill within the next few days.

 

I think that if you press the button now it will say judgement not possible or something like that. (I used the N1 - so I'm not 100% sure).

 

Jackie

[maxwjz]

Thanks Jackie.

[maxwjz]

right then.

am getting a bit twitchy about the whole thing now,thought i may have had a full refund by now.

C1 had an acknowledgement date of 19/11/06 however they acknowledged at 03/11/06 so what is the next step and what happens if it goes to court??

[technique1966]

Keep an eye on MCOL, don't be surprised if it changes to 'a defence has been entered, you can do no more on line etc' That is what happened to me last week. You will then get a letter through from both the court and Cap One saying the full amount has been paid and that is there defence.. I too was getting nervous their 28 days were up today, only received notice that I'd won on Friday. Can't see you having any problems.

[maxwjz]

Cheers technique.

love the support on this site

[pebbles26]

Hi, i have a thread "unsure of address" can someone please confirm whether i sent my initial request for payment to the right address please it is as follows

Mr Udy

Capital One

250 Euston Road

London

NW1 3JJ

 

Thanks in advance

[Jacqueline07]

Pebbles - that address sounds about right - there is a "sticky" at the top of each forum which gives address details for each bank/cc company.

 

Jamie - don't worry - as technique says - their defence will be that they have settled in full. Just a matter of waiting - Jackie