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Help - What should I do???


reginafilangie
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I sent me prelim letter to Crap One last week asking for nearly £900 in charges - They have until Friday 15 to respond. 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 just a fee [just a fee? What on earth are they on:mad: ??!!] 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 add the refunds to your account. ........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[!!!!!!:shock: ]"

 

 

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 that the judge will agree with them that they've refunded the difference so i've ended up [eventually] paying a "lawful" amount.

 

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

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This is a standard ploy being used by all the credit card companies. The new charges are no more lawful than the old ones.

 

Ignore the letter and send the LBA on Friday.

 

Do you know if banks as well as credit cards are doing this? I'm just nervous that as they're willing to refund the difference I won't have a leg to stand on, as the OFT says £12 is a lawful amount.

 

Thanks for your reply

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as the OFT says £12 is a lawful amount.

 

 

No, it didn't. They actually said:

 

Where credit card default charges are set at more than £12, the OFT will presume that they are unfair. but a default charge is not fair simply because it is below £12.

 

Read through other Cap 1 threads. If you accept, you'll say goodbye to £600,

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They offered me a goodwill gesture too which only amounted to about a third of what they owe me...I sent an LBA. Received a reply yesterday from Mr. Udy refusing to increase his offer, if I'm not happy I've to contact the Financial Ombudsman within the next 6 months.

 

I'm about to fill in the court forms.

** Progress Report **

Capital One -

D.P.A. request sent R/D 3.7.06

Prelim letter claiming £900 sent R/D on 12.8.06.

Offered £345.60 25.8.06 - not accepting!

LBA sent r/d 1.9.06 = £1,249.51

Cap One refusal to increase offer rec'd 13.9.06

Lloyds TSB

D.P.A. letter sent by R/D 3.8.06

D.P.A. del'vrd 4.8.06 - 40 days=13.9.06

Statements that don't make sense rec'd 29.8.06

Cabot

CCA letter sent by R/D 3.8.06

CCA letter not yet del'vrd as at 15.8.06!!!!

Emailed Royal Mail 14.8.06 & await reply

Bank of Scotland

D.P.A. request sent by R/D 12.8.06

D.P.A. del'd 16.8.06

---------------------------

If you think I've helped please click on my scales - top right.

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I had the exact same letter, I refused and they have refused to increase so am about to file with moneyclaim.

 

Watch this space.

 

 

Thanks - please keep me updated as to how you get on. I'm going to write to them today to say i'll accept it as partial settlement but will be persuing the rest so it would be great if you could keep me informed as to how you get on with your MCOL.

 

Thanks, and good luck!

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only amend the LBA if they have actually credited the money into your account

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

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I got this letter today as well and you cant accept the claim as partially settled. They state that they will pay it into your account when they receive the signed enclosed form that basically says you are happy with the amount being offered.

 

Why take the risk of accepting anything just now when you will get the whole lot back in a few weeks plus costs.

Its my money and I'm making sure I get it back.:razz:

25/09/06 Letter from Robert Udy saying tough, sue us!

14/09/06 letter from cap 1 robert udy offering difference of £8 per charge. sent LBA and refusal back

14/09/06 letter from halifax returning £10 cheque but still going to send me my statements!!

cap one LBA sent 29/08/06 £360

Halifax Data Protection Act sent 29/08/06

 

There will be a 10% donation to this site when I win.

If it wasnt for you then none of us would have anything back

 

 

www.consumeractiongroup.co.uk free forum with advice and templates for reclaiming bank charges

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you don't fill in their form, you fill in the letter template in the library, called reject

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

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  • 2 weeks later...

Well, I wrote back to Cap 1 on 15th along with my LBA to say thanks but no thanks to their crappy offer. Received a letter last Fri from Mr Udy saying oh sorry you won't accept it but there's nothing more I can do. So i'll file the MCOL on Friday. A bit anxious as I'm not really sure what to put yet!

So far everything seems to be going like clockwork, just like everyone else's.

 

Wish me luck x

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