Capital One default charges court claim **WON**

[joncow75]

I just wanted to share my experience with Crap One and the nightmare i've had trying to get back default charges.

 

Started my claim procedure in May and asked for a list of charges.

Sent letter off in June asking for a refund of £412 + interest.

 

Got a "we are looking at it for you" then an offer of what was meant to be the difference between £20 and £12.

However this figure didn't add up,

 

I replied on 27th July, with a "thanks, but no thanks, and could you explain how you come to your figures?"

Heard nothing back,

 

sent a LBA,

and got a letter again stating we are looking at it for you dated 02/08.

 

As i'd heard nothing I sent another letter on 16/08 following up my intention to go to court.

 

On the 31/08 I received yet another "we are looking at it" and another on 16/09 stating they needed a little more time.

 

On the 20/09 Capital One sent another letter telling me that they thank me for my letter dated the 25/08 regarding default sums but I am to refer to their letter dated the 18th August as a final response.

 

I've never had any letter dated the 18/08 from them,

and infact had sent a letter on the 02/09 clearly stating I had no response at all just 2 letters dated 02/08 and 31/08 both stating we are looking into things.

 

How could they be "still looking into things" in September if they had sent a final response back in August.

 

I rang customer services who have told me that I couldn't speak to anyone in the Executive Response team and they can't arrange for a copy of the letter dated 18/08 - I need to write in.

 

I felt Capital One are just mucking me around to make me back down.

I didn't see why I should have to wait another 40 days for a response from them,

nor could I believe that I would receive 2 letters after their "final response" telling me they are still looking at my complaint.

 

After eventually speaking to someone who promised me a copy of the "final response letter" and then me not receiving anything from them,

 

I gave a further 7 days before I would start court proceedings.

 

I duely did on 15/10.

 

On Friday last week a very nice lady from the Crap One Executive centre rang me asking for a copy of my charges

(sent them with all 6 letters they had from me!!!)

 

faxed over on Monday.

Turns out the lady in question was off Monday,

but now it is just a waiting game to see what happens.

 

I will update as soon as i have something for you all.

[joncow75]

Hmm, its been 2 weeks since I filed with MCOL.

 

I've spoken to the lady at Cap One Executive centre who has said she has my charges list now.

 

Heard nothing else though.

 

I can't see anything different on MCOL to show they have acknowledged the claim.

 

I was under the impression that Cap One caved in quite quickly once MCOL had been filed?

[joncow75]

Capital One have acknowledged the claim on 1st Nov 2010.

Is this normal?

 

Fingers crossed i'm not in for a fight with them.

 

I just want the card paid off and my charges back.

 

How they can justify £400+ charges on a card with a £200 limit is beyond me!

 

Got home today to find a letter from then.

 

At last I thought.

Turns out its a letter apologising for the issues I raised at the start of October, and a "copy" of the letter they claim had been sent in August.

 

This was for an offer of my original request and a little interest that I have no idea where they plucked the figure from.

 

Now I know this can't be a copy of any letter they sent me as I was told catagorically they would not be increasing their £70ish offer and that was what had been in the letter.

 

Now either the call centre operative who had spoken to the Executive Office was lying to me, or this letter is a lie I just don't get it?

 

How can they get away with it.

 

the offer is still less than my total charges that they received by fax.

I guess they don't talk to each other there?

 

Anyone got any advice on how I should proceed.

 

Will they pay out what I have asked for?

 

Many thanks

[silverfox1961]

Hi,

Don't call anyone. If you need to contact them, do it in writing. (and by recorded delivery)

 

So long as your figures are correct, they should settle before this gets into the courtroom. They tend to start off by defending but in the majority of cases I have seen, they fold before court. They do this is the hope you will fold first.

Hang in there.

[silverfox1961]

I'm also going to move this thread to legal issues. Lots more help there than here.

[joncow75]

Thanks Silverfox

 

I hadn't seen your advice before tonight,

rang Crap One this afternoon,

asking for an explaination of how their letter dated the 18th August could contain an offer of everything I had originally asked for when I was told that they would not amend their offer (on the phone).

 

The lady I spoke to could not explain this, lol.

I asked if they were likely to amend their offer,

pay the 8% interest I would get at court (not sure where their interest figure came from) and my court fee,

but was told their offer was final and would not change.

I also received their intention to defend in court,

through the post today.

 

Debating what to do now.

My amended figure that was sent to the Executive Office is £60 more than their offer,

and the interest they have offered is more than £50 less than what I would be awarded if I win in court.

 

My figures are all correct, so I am comfortable with them.

 

Do I stick out and wait and see if they cave?

[silverfox1961]

So long as you are sure of your figures, Cap1 will usually fold a day or two before the court date.

 

It's all a matter of who blinks first

[joncow75]

Am I right in thinking that the 28 days they have now have as they have acknowleged service is in fact just a 14 day extension?

28 days from service?

 

If so and they tend to pay out before then, then i'll sit tight.

 

If I accept their offer now it would take up to 21 days for payment,

and be £100 worse off than if I won in court.

 

If they pay everything i'm after charge wise and my court fee before the 28 days is up then i'll prob get my money sooner.

 

I've never had to go this far with a CC company,

and can't believe they have resorted to made up letters.

 

Constant lies and deceit from this company,

and I just want what is rightfully mine.

 

Don't want to cock it up though!

If after the 28 days I have more paperwork and delays then I may change my mind on how to approach.

 

I'm not 100% sure how the MCOL process works with Cap One.

 

Would I be waiting a few months for a court date?

 

Apologies for all the questions

[silverfox1961]

5 days for the service of the claim, 14 days to acknowledge the claim and 14 days to file a defence.

 

Once that time has passed, the courts will send you an aq which you (and Cap1) fill in and send back. Once that is done, the court will set a date and the court location (your local one). As far as I can remember from other cases, Cap1 do settle a few days before the court date.

[joncow75]

Many thanks for all your help silverfox, looks like i'll be digging in for this one ;-)

[joncow75]

Thanks again Silverfox, cheque went in the bank today. Couldn't be happier! Although I wish they had left the card balance at £0!

[DonkeyB]

They folded? Excellent!

[joncow75]

Yep. Had cheque in the post, no letter of explaination or anything - just a remittance advice. Thanks Cap One!

[DonkeyB]

Did they pay your court costs? Where was that left?

[silverfox1961]

One day Cap1 will do something unpredictable and I'll be stunned and won't know what to do

 

All I can say is :whoo:Well done

 

Fox

[joncow75]

They paid the full charges, 8% interest and court cost onto my card.

 

Then sent me everything that was above my limit in cheque format inc my limit.

 

Therefore I had £302 over the card limit avaialable so they sent me £502 (£200 limit).

 

Strange I know, i've never seen a CC company do it that way before

[silverfox1961]

So if I read this right, they didn't offset and due amount so that makes it that you still owe them £200????

[DonkeyB]

Bloomin' 'eck! Outstanding result!