Suzy H v Capital 1 ***WON***

[Suzy H]

Hi guys - looking for a bit of advice ...

 

Posted off usual S.A.R - (Subject Access Request) letter - got reply ... posted my Prelim letter and today got an offer of part payment ...

 

my question is - do I use the 'accept part offer but will pursue rest letter' in the template or on the 25 Sept (when prelim letter 14 day runs out) send them the letter before action? Or do both and just change the wording in the letters?

 

Help much appreciated as now very confused

[Suzy H]

I have tweeked the 'responce to settlement offer' letter - is this letter ok to send?

 

Dear Mr Udy

 

Thank you for your letter dated September 15th 2006. I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx.xx

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

I am enclosing my ‘letter before action’ with this ‘Response to settlement offer’ this indicates that you have until 10/10/06 to respond before Court action commences. You are reminded that there will be no extension to this timescale.

I trust this clarifies my position.

 

 

Yours faithfully

 

[Skell18]

The bitch is back Thats exactly what I would do, its nice that they have offered something but they shouldnt have charged you in the first place so they are still getting money from you, fight it all the way if you have to.

 

Good luck!!

[Suzy H]

This has been happening for about two weeks now and I just wondered if anyone else has experienced the same ...

 

When my mobile rings it comes up with the Capital 1 0800 422 0292 number so when I answer it they hang up!!! No hello, no may I speak with Miss Suzy H ... nothing - they just hang up - how rude!!!

 

I get about 10 of these a day - different times but always from that number - why do you think they hang up?

[Suzy H]

Recieved my final 'bog off' letter from Mr Udy saying that there is no way he is giving me all the monies due but his 'gesture of good will' is still open!

 

So will crack on with moneyclaim I guess - only thing is I need to scrape the money together first but i'm the ever optimist so hopefully Nationwide will pay out in a couple of weeks so I can process this one lol

[Suzy H]

Submitted mcol this evening so fingers crossed

[OdaPacket]

Hi Suzy.It may pay to record the times of these odd phone calls and date them. I have had these myself and was told it is a way they get their number of client replies up.Also ,and this is more worrying,they claim to have called you several times only to be hung up on.Is it possible to tell who put the phone down ?I suppose they could claim to have been calling to resolve the matter in question and by hanging up you prove to be uncooperative ?

If anyone knows this to be wrong and i have been missinformed ,please enlighten me. Thanks

 

Good luck with your claim Suzy

[midge61]

Hi

I told Cap 1 about three weeks ago to stop calling me and to communicate through letter. Since then I've been getting the same number on my mobile and phone calls on landline that hang up when you answer.

I think theres a template letter for phone harrassment I was thinking of sending that to them.

[Suzy H]

Thanks for that guys

 

They only ever had one of my mobile numbers so I switched off the answer machine and turned off my phone so for the past two weeks all they would have got was the standard 'it has not been possible to connect your call' message lol.

 

Switched my phone back on tonight so i'll wait and see if the calls start up again ... if so I have found the template letter you spoke of midge61 so will send the lovely Mr Udy this if the calls continue

 

Thanks again

[midge61]

HI suzy

I sent the template letter to their legal department and the calls have finally stopped!

[Suzy H]

Hi midge61

 

That's fantastic news :grin: my calls have also stopped (granted after a 10 minute heated conversation).

 

The guy was so rude and basically said I was going to lose this case so i'd be silly not to accept their offer ... charges weren't unlawful ... etc etc.

 

I quoted bits out of the harrassment letter and asked him to remove my number or i'd call the police. After much reluctance he said he'd removed my number and give him his due todate the calls have stopped I now don't dread the phone ringing! Wow what a weird feeling!

 

Well done on getting your calls stopped and, as always, good luck with your claim

[Suzy H]

Ah well ... the calls have returned - the hang ups on the mobile but now the calls on the land line.

The guy I spoke with on my land line number was exceptionally nice but that aside I have drafted up the harassment letter but added on a 'finally' - is this ok to send

Thanks ...

I've started ...

Re: Harassment by telephone & account confidentially concerns

Dear Mr Udy

 

Firstly ... (standard harassment template)

Finally I am terribly concerned and shocked that your last correspondence (reference number ***/**/**-*******), although addressed to myself on the covering letter, contained the details of another Capital One customer (who resides at 45 ******** Way, Barlborough, ************, *** ***) on your ‘complaint settlement form’.

Naturally, and as you will be aware, I have not signed this form but have kept a copy for my records, which I will dispose of securely once we have come to an amicable conclusion. (or does that sound too threatening?)

I trust that, although inexcusable, this was a one off ‘human error’ and that I need not distress myself thinking that you have handled my account with the same unprofessional disregard.

Yours faithfully

Is this alright as is? Advice and guidance appreciated

[Suzy H]

Hello again

 

Popping out to the post office soon and was wondering if the letter below was 'ok to send' as is?

 

Thanks in advance

[Suzy H]

When I got back from post office I had two missed calls on my mobile from Capital One (i'd not even been away an hour ... aw bless ... they missed me lol).

 

Unpacked my shopping and received another call on my mobile - I explained the account was in dispute etc to the woman ... she was very polite 'no problem' and hung up ...

 

... Not even 5 minutes later I received a call on my land line - yes from them!!! I explained the whole thing again!!! then about a half hour later mobile AGAIN!!!

 

All this with in a two hour period! I'm so glad I posted off that blinking letter today - boy am I annoyed

 

Anyhoo ... i'm thinking nice pretty thoughts now because I won't let them ruin my evening

[Suzy H]

quick question ...

 

I have, for example,

 

07 JAN LATE PAYMENT FEE 15.00

11 JAN INTEREST - SEE SUMMARY 12.23

11 JAN INTEREST - SEE SUMMARY 5.23

 

In the 'summary of balances' the interest is purchases & cash. Don't suppose I can claim either of those interest charges back can I

[midge61]

Hi

Letter looks good they have breached the Data Protection Act by sending you someone elses info. Put a complaint in to Information Commissioners office about it. Once they get your letter I bet you get a quick settlement!

I claimed the purchase interest on mine because it only appears on the statements that have incurred charges! So it must be another penalty.

Good luck

[Suzy H]

brilliant - they can only say no I guess

 

thank you

[Suzy H]

Good afternoon everyone

 

Had a letter from Robert Udy this morning firstly, saying that they are sorry to hear that I feel they have been harrassing me but he has spoken to the collections department and he has asked them to remove my home telephone number from their system - small victory I guess.

 

Secondly, noting his concern to hear the settlement form they sent had someone elses details on it - reassuring me that this was a one off mistake but has enclosed another one for me to sign.

 

Angry ... YES ... but not deflated I carry on opening my mail to find a letter from Hayley Marriott Executive Office with the usual 'deny the fees are unlawful' ... They have cleared off my balance and as a 'gesture of goodwill' she is arranging 'to send [me] a cheque for the remaining amount and it should arrive within 14 working days' ..... She also 'respectfully requests' I consider closing my account if I do not agree to their terms and conditions.

 

My letter of reply is:

 

November 14 2006

Hayley Marriott

Executive Office

Capital One Bank (Europe) plc

PO Box 5281

Nottingham

NG2 3HX

Dear Ms Marriott

With reference to your letter dated November 09, 2006 I would like to take this opportunity to thank you for your ‘gesture of goodwill’ refund.

This claim covers the period November 2003 to August 2006 however I have noticed on my September 2006 statement an overlimit fee charge of £12, a late payment fee charge of £12, purchase interest charge of £4.62, cash interest charge £7.94 and on my October statement an overlimit fee charge of £12, a late payment fee charge of £12, purchase interest charge of £5.45 and a cash interest charge of £8.39.

I respectfully request that the sum of £74.40 be returned to me and, as a gesture of goodwill, I would like to give you the opportunity to resolve this matter without the need for a court hearing.

Meantime I would like to thank you for your efficiency in processing my claim number 6QZ74992 and on receipt of the cheque I shall inform the court that you have settled out of court and that I am happy with the settlement figure.

Regards

 

Suzy

There is love for Capital One in Dundee tonight Amount won £1140 and, as always, thank you to everyone for their support and advice (donation on the way when the cheque clears).

[Don4071]

Congratulations...nice feeling isn't it!!

[Suzy H]

Ah Don4071

 

Yes it is certainly one of the best feelings in the world but what is even better is having the zero balance on my account - that for me is the bestest feeling of all .

[Suzy H]

Got my cheque today woo hoo - i'll be skipping all the way to the bank on Monday

[midge61]

Hi Suzy

CONGRATULATIONS

I've recieved a cheque from Smile today and full settlement offer from LTSB looks like we all on a roll at the moment and it''s going to be a good Xmas for us all

WELL DONE and enjoy

[Suzy H]

Brillaint news midge -

CONGRATULATIONS

and i'm so very chuffed for you as well - now don't be spending it all in the one sweetie shop lol

[midge61]

Thanks Suzy

[TUTTSI]

Well done Suzzy, can't wait for Cap One to reply to me! hope it does not take too long.

Regards

DS