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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Alleycat's OH vs. Capital One


Alleycat
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Posting for my OH.

 

We have been through all credit card statement dating from 2002. The preliminary approach for repayment letter has been written, printed off and will be posted out this afternoon recorded signed for.

 

Total charges being claimed from November 2002 to March 2005 are £436.

Don't forget to contribute to the CAG. Without them we would probably still be drafting our prelim letters.

OH Cap One - £436/ So far received £40. MCOL submitted 17/7/06. Caved 4/8/06 for full amount!!!

OH Monument - £140, claim filed 8th May. Requested judgement by default, settled in full 4th July via out of court settlement (see thread). Total £192ish received.

Me Barclays - £630. Received letter 13th May offering £300 full and final (they can bog off). Claim filed 16th May. Acknowledgement of Service filed 22nd May to defend all of the claim. Allocation Questionnaire completed and Stay been ordered by Judge on 18/7/06!!!

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  • 2 weeks later...

Hi, we have written to Cap One about a closed card my OH held up until about 2 or 3 months ago. Sent the Prelim letter and got a letter in response today. Thought, ooh this should be interesting, well it certainly was!

 

OH opened it and lo and behold, it is a new Credit Card. The usual standard letter saying Thank you for choosing Cap One as your credit card provider. It has the same limit he had before with the same picture he had chosen before. He has not applied for a new card with them and we are absolutely flummoxed. I assume they will have had to do another credit search without his permission and he has signed no credit agreements and none are enclosed in the letter.

 

Please can someone advise on the best course of action apart from ringing them up and telling them what complete muppets they are!!

Don't forget to contribute to the CAG. Without them we would probably still be drafting our prelim letters.

OH Cap One - £436/ So far received £40. MCOL submitted 17/7/06. Caved 4/8/06 for full amount!!!

OH Monument - £140, claim filed 8th May. Requested judgement by default, settled in full 4th July via out of court settlement (see thread). Total £192ish received.

Me Barclays - £630. Received letter 13th May offering £300 full and final (they can bog off). Claim filed 16th May. Acknowledgement of Service filed 22nd May to defend all of the claim. Allocation Questionnaire completed and Stay been ordered by Judge on 18/7/06!!!

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cut up the card is the best advice i could give,dont use the card!!

 

give them a call to find out why this happened and that your OH gave no consent to activating the account.

Make sure you take names of people you speak to etc.

 

best wishes

Natasha

 

Abbey-received DPA letter on 13/03, received some breakdown till 2004 waiting for the more recent ones(where most charges occurred)

sent reminder email on 17/4/06

called abbey on 19/04/06 to remind them:rolleyes:

sent another email on 26/04/06:mad:

Approx charges £2500

received £500 refund in dec 06

sent LBA

Capital one- sent DPA letter 17/03

Sent prim letter for charges of £260 14/04

Received a refund £109 awaiting further refund of £151

Settled IN FULL

Barclay card- Sent DPA letter 17/03 sent reminder 14/04

received info claiming £120

settled in FULL

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I would check your credit file as well as searches can go against you so you don't want one you haven't given permission for on your file.

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Hi,

 

After having another good read through the threads on this board and noticing quite a few partial refunds from the ever friendly :rolleyes: Capital One, I was wondering if anyone with a closed account has had anything offered back to them prior to filing a claim to court?

 

It seems to be only those with current cards that have had any offers. It would be a real help if they give some back before we have to file a claim as it would help pay the fees!

 

Cheers,

 

Alley

Don't forget to contribute to the CAG. Without them we would probably still be drafting our prelim letters.

OH Cap One - £436/ So far received £40. MCOL submitted 17/7/06. Caved 4/8/06 for full amount!!!

OH Monument - £140, claim filed 8th May. Requested judgement by default, settled in full 4th July via out of court settlement (see thread). Total £192ish received.

Me Barclays - £630. Received letter 13th May offering £300 full and final (they can bog off). Claim filed 16th May. Acknowledgement of Service filed 22nd May to defend all of the claim. Allocation Questionnaire completed and Stay been ordered by Judge on 18/7/06!!!

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I have a closed account,

 

Got all my statements back last Thursday, they owe me the life changing sum of £18. I'm writing to them Tuesday about it. Will let you know how I get on.

 

They can go to court with it if they wish.

First Direct, £4031 Recovered

Halifax, £953 Recovered

MBNA Credit Card, £120 Recovered

American Express, £160 Recovered

Coming Soon......

Blackpool Council, £190 in unlawful parking tickets

Carstoppers. £50 from the cowboy clampers

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I have a separate thread running, but, in brief, my experience with Capital One is as follows:

 

1. Account defaulted and passed to a DCA Sept 2002

 

2. Offer via DCA to accept 70% of outstanding balance in "Short Settlement", and write off remaining balance, July, 2003

 

3. Payment made and letter received confirming account settled, and, as far as I was concerned, closed.

 

4. March 2006, sent DPA request, asking for refund of penalty charges.

 

5. April 2006, received DPA information, showing charges of £444.00, plus interest, applied to account. Also, amongst all the other paperwork, copies of statements from August 2003 to the present day (none of which were sent to me as originals) showing an amount of £417.00 (the same amount as was discounted from the settlement figure) still outstanding. My credit reference file shows the debt as partially settled.

 

Still trying to work out my next line of attack, bearing in mind the amount I would be claiming in charges is close to that discounted from the settlement figure. I feel they would try to justify not repaying the charges by claiming that the amount corresponds to that knocked off what I owed them anyway

 

Not sure if any of this has any relevance to your particular claim, but, like you, I'd be interested to know if anyone else is in a similar position.

 

Good luck

Phil

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Thanks for the posts. OH is going to phone them on Friday as he has the afternoon off to find out what they thought they were doing. If they wreck his chance of applying for a 0% CC next month to shift some debt, then I will be down to their offices with a blunt instrument. It makes us even more determined to get our money back off the xxxxxx so and so's and to never have anything more to do with them.

 

 

Moderated - please be aware of the potential for libel action.

Don't forget to contribute to the CAG. Without them we would probably still be drafting our prelim letters.

OH Cap One - £436/ So far received £40. MCOL submitted 17/7/06. Caved 4/8/06 for full amount!!!

OH Monument - £140, claim filed 8th May. Requested judgement by default, settled in full 4th July via out of court settlement (see thread). Total £192ish received.

Me Barclays - £630. Received letter 13th May offering £300 full and final (they can bog off). Claim filed 16th May. Acknowledgement of Service filed 22nd May to defend all of the claim. Allocation Questionnaire completed and Stay been ordered by Judge on 18/7/06!!!

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Sounds like its only those with current accounts with them that have recieved any goodwill offers then.

 

Thanks for posting your situations! They have until this friday before the LBA letter is sent.

Don't forget to contribute to the CAG. Without them we would probably still be drafting our prelim letters.

OH Cap One - £436/ So far received £40. MCOL submitted 17/7/06. Caved 4/8/06 for full amount!!!

OH Monument - £140, claim filed 8th May. Requested judgement by default, settled in full 4th July via out of court settlement (see thread). Total £192ish received.

Me Barclays - £630. Received letter 13th May offering £300 full and final (they can bog off). Claim filed 16th May. Acknowledgement of Service filed 22nd May to defend all of the claim. Allocation Questionnaire completed and Stay been ordered by Judge on 18/7/06!!!

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Update:

 

No reply received from Capital One.

 

LBA letter written, printed off and ready to go recorded signed for tomorrow.

Don't forget to contribute to the CAG. Without them we would probably still be drafting our prelim letters.

OH Cap One - £436/ So far received £40. MCOL submitted 17/7/06. Caved 4/8/06 for full amount!!!

OH Monument - £140, claim filed 8th May. Requested judgement by default, settled in full 4th July via out of court settlement (see thread). Total £192ish received.

Me Barclays - £630. Received letter 13th May offering £300 full and final (they can bog off). Claim filed 16th May. Acknowledgement of Service filed 22nd May to defend all of the claim. Allocation Questionnaire completed and Stay been ordered by Judge on 18/7/06!!!

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We only started getting charged fees from November 2002. The card was open for longer than March 2005, but again no fees there.

 

Thanks for the support!

Don't forget to contribute to the CAG. Without them we would probably still be drafting our prelim letters.

OH Cap One - £436/ So far received £40. MCOL submitted 17/7/06. Caved 4/8/06 for full amount!!!

OH Monument - £140, claim filed 8th May. Requested judgement by default, settled in full 4th July via out of court settlement (see thread). Total £192ish received.

Me Barclays - £630. Received letter 13th May offering £300 full and final (they can bog off). Claim filed 16th May. Acknowledgement of Service filed 22nd May to defend all of the claim. Allocation Questionnaire completed and Stay been ordered by Judge on 18/7/06!!!

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Well! Got a reply from Capital One in response to the Prelim Letter.

 

Basically thanking us for taking the time to write to them and saying sorry that we think the fees are unlawful.

 

"To explain, we automatically add late payment fees if your payment is missed, arrives late or isn't enough to cover your minimum payment. We'll add overlimit fees if your balance goes over your agreed credit limit, which is £1000.

 

When we opened your account, on 19 April 2002, we sent you a credit card agreement which states these fees. By signing and returning this to us, you agreed to the terms and conditions for the acount.

 

Our fees are in line with other banks and financial institutions and as you are probably aware the OFT are not challenging the right of Banks to charge default fees, but merely the level of those charges. We disagree with the OFT's analysis and believe that our current fees are both fair and legal. However, as a matter of goodwill, I've refunded two back to your account. Because your account is closed I've arrange(d - naughty Mr Udy, sp!) for a cheque to be sent for £40. You'll receive this within the next 21 days."

 

Etc, etc.

 

"Please accept my apologies for the inconvenience this has caused and I'm sure we'll be able to put this experience behind us." !!!!!!!!!!

 

We posted the LBA letter yesterday with the full amount owed. With the fact that they are refunding £40, should we (once it is safely banked, lol!) write to them to update the figure or just put the amended amount into the Moneyclaim form when we get to that stage?

 

Also, I've highlighted a couple of interesting points in the letter. Firstly, admitting that at least the late payment fees are automatic. Secondly, the mention that the OFT are not challenging the fees in themselves, but the level.

 

Finally the bit that really cracks me up, is the last sentence. Yeah sure, we'll put the matter behind us WHEN we get a full refund of the money they owe us!

Don't forget to contribute to the CAG. Without them we would probably still be drafting our prelim letters.

OH Cap One - £436/ So far received £40. MCOL submitted 17/7/06. Caved 4/8/06 for full amount!!!

OH Monument - £140, claim filed 8th May. Requested judgement by default, settled in full 4th July via out of court settlement (see thread). Total £192ish received.

Me Barclays - £630. Received letter 13th May offering £300 full and final (they can bog off). Claim filed 16th May. Acknowledgement of Service filed 22nd May to defend all of the claim. Allocation Questionnaire completed and Stay been ordered by Judge on 18/7/06!!!

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Aaargh, Royal Mail muppets!

 

Not sure if this would be a problem, but when checking on RM's track and trace, the guy at the post office has stuck the Cap One sticker onto the Monument letter. It doesn't say on the sticker that it was intended for Cap One, but its not showing as delivered yet and if it doesn't arrive will I be able to chase it with RM?

 

Cheers.

Don't forget to contribute to the CAG. Without them we would probably still be drafting our prelim letters.

OH Cap One - £436/ So far received £40. MCOL submitted 17/7/06. Caved 4/8/06 for full amount!!!

OH Monument - £140, claim filed 8th May. Requested judgement by default, settled in full 4th July via out of court settlement (see thread). Total £192ish received.

Me Barclays - £630. Received letter 13th May offering £300 full and final (they can bog off). Claim filed 16th May. Acknowledgement of Service filed 22nd May to defend all of the claim. Allocation Questionnaire completed and Stay been ordered by Judge on 18/7/06!!!

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  • 2 weeks later...

Well, it looks like they did receive the LBA letter. Received further correspondence from the infamous Robert Udy...

 

"Thank you for writing to us again about the fees we've added to your account. I am sorry to hear that you're unhappy with my refund of £40, and I understand you still feel that we should refund all the fees we've added.

 

You mentioned you still feel the fees we've charged are unlawful at common law. As I explained in my last letter, when we opened your account, we sent you a credit card agreement which stated these fees. By signing and returning this to us, you agreed to the terms and conditions for the account.

 

However, I've looked at this again, and to help you further I've refunded another £100 back to your account. Because your account is closed, I've arranged to have a cheque sent to you. You'll receive this within the next 21 days. I'm afraid I'm unable to refund anymore fees for you and this is the final offer we can make to resolve things."

 

So, £100 to add to the £40 already received!! Result!

Don't forget to contribute to the CAG. Without them we would probably still be drafting our prelim letters.

OH Cap One - £436/ So far received £40. MCOL submitted 17/7/06. Caved 4/8/06 for full amount!!!

OH Monument - £140, claim filed 8th May. Requested judgement by default, settled in full 4th July via out of court settlement (see thread). Total £192ish received.

Me Barclays - £630. Received letter 13th May offering £300 full and final (they can bog off). Claim filed 16th May. Acknowledgement of Service filed 22nd May to defend all of the claim. Allocation Questionnaire completed and Stay been ordered by Judge on 18/7/06!!!

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It seems to be a bit of a drawn out affair, but you will claw it back soon. I'm at the LBA stage with them and have received £40 so far, you are about 7 days ahead of me, so i'll be watching with interest.

 

Good Luck!!!

06th April 2006 Statements requested for last 6 yrs:

Bank of Scotland: Current account Breaching DPA

Royal Bank of Scotland: Style Breaching DPA

Capital One: Mastercard Request for £499.23 on the 17th April. £40 refunded to account on 26th April. Small claim hearing 27th June. Full refund and interest 24th May.

Coop: Crashed and burned into giving in Full and final offered 16 days after LBA ;)

 

Thats enough just now, more to come though

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I worked it out last night and by refunding £140 so far (well, just waiting for the cheque for £100) they are actually doing me a favour. Obviously it would be nice to get it all back sooner, but hey ho. My claim with Cap One was for £436 but will be £296, so court fees dropped from £50 to £30. The £140 will pay for the court fees for Cap One (£30), Monument (£30) and Barclays (£80).

 

We are currently applying for a 0% on purchases and balance transfers credit card to pay the £100 per claim if/when we get to court questionnaire stage.

 

Thanks for the support and heres to getting our cash back.

Don't forget to contribute to the CAG. Without them we would probably still be drafting our prelim letters.

OH Cap One - £436/ So far received £40. MCOL submitted 17/7/06. Caved 4/8/06 for full amount!!!

OH Monument - £140, claim filed 8th May. Requested judgement by default, settled in full 4th July via out of court settlement (see thread). Total £192ish received.

Me Barclays - £630. Received letter 13th May offering £300 full and final (they can bog off). Claim filed 16th May. Acknowledgement of Service filed 22nd May to defend all of the claim. Allocation Questionnaire completed and Stay been ordered by Judge on 18/7/06!!!

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  • 2 weeks later...

Quick question!

 

We had a letter dated 3rd May, advising that a refund of £100 would be sent out within 21 days. I am now due to file our court claim and was wondering if I should still include this £100 in the total amount as we have yet to receive a cheque or whether I should deduct it as they have worded the letter to imply that it is definately on its way regardless of our further intentions?

 

Or....should we wait until we have received the cheque and then file the court claim?

Don't forget to contribute to the CAG. Without them we would probably still be drafting our prelim letters.

OH Cap One - £436/ So far received £40. MCOL submitted 17/7/06. Caved 4/8/06 for full amount!!!

OH Monument - £140, claim filed 8th May. Requested judgement by default, settled in full 4th July via out of court settlement (see thread). Total £192ish received.

Me Barclays - £630. Received letter 13th May offering £300 full and final (they can bog off). Claim filed 16th May. Acknowledgement of Service filed 22nd May to defend all of the claim. Allocation Questionnaire completed and Stay been ordered by Judge on 18/7/06!!!

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Quick question!

 

We had a letter dated 3rd May, advising that a refund of £100 would be sent out within 21 days. I am now due to file our court claim and was wondering if I should still include this £100 in the total amount as we have yet to receive a cheque or whether I should deduct it as they have worded the letter to imply that it is definately on its way regardless of our further intentions?

 

Or....should we wait until we have received the cheque and then file the court claim?

 

I'm sure other people will have opinions, but, personally I would wait another week.

 

If you receive a cheque, then deduct it from your claim. If not, then file your claim for the full amount. If nothing else you will gain a little interest.

 

From my experience of having a closed account with Capital One, http://www.consumeractiongroup.co.uk/forum/showthread.php?t=2564 they will be desparate to settle without going to court.

 

They will however try to test your resolve by fobbing you off without refunding the full amount.

 

I would write to them, thanking them for their offer of £100, which you will be happy to accept, when it arrives, but reiterating that you will only be satisfied by a full refund, which you intend to obtain via the County Court.

 

Good luck!

Phil

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If you deadline is up and you haven't got the money then go ahead with your claim. All you have from them (apart from the £40) is a promise of £100.00.

 

When and if you receive the £100, then great, you can just deduct that from what they owe.

 

Put it this way if they were chasing you for some money and said we'll take you to court in 2 weeks and you said i'll pay you in 3 weeks, do you think they would wait?

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