Hollydoll v. Capital One (Credit Card)

[Hollydoll]

Hello again!

 

received my statements today

 

added it up to £632

 

prelim in the post tomorrow!

 

will of course keep you up to date with my progress.

 

xx

[Hollydoll]

Offer received £248. this is the difference between 20 and 12 pounds apparantly!

[Hollydoll]

Thanks but no thanks letter and LBA sent tomorrow.

[ukaviator]

Hi Hollydoll

 

If you are offered something then you should accept it as partial payment,and that you would pursue them for the rest.There is a Template letter for the reply here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

 

Uk..

[kfdh1962]

Hi Hollydoll,

they did the same thing with my claim. offered a partial refund of just £85, this being the sum of the difference between the £20 fee and there now reduced £12 fee and the number of times they levied the charges.

I did exaclty as ukaviator said accepted the initial offer but stating that i still required repayment of the rest of my claim.

They gave me a big fat no all along the line. I had to start the moneyclaim, and once i did that they settled in full, always insisting of course that they have not done anything wrong, they dont have a case to answer and that this is all a gesture of goodwill.!!

 

keep at them, they will pay up!!!

[Hollydoll]

Thanks

 

That's what I meant.

 

Sent them today.

[Hollydoll]

Received a letter back

 

"Thank you for contacting me about my offer to refund £248 I'm sorry to hear that you feel my offer is unacceptable"

 

......

 

The offer of £248 is still open if you sign and return the enclosed form. I won't be increasing this amount as it is my final offer.

 

You've mentioned that you intend to commence court procedings. Financial regulations require me to advise you that this is my final response in relation to this matter."

 

I assume this is pretty standard?

[ukaviator]

Hi HOLLYDOLL

 

Yes that is the standard reply from Robert Udy. Bet he signed it.

 

Uk..

[elizabeth1]

Yes I had this type of reply too - so am going ahead to file MCOL - no point waiting any longer if this is his final response is there??

[kfdh1962]

start the moneyclaim, as soon as i did that they paid up in full.

[Hollydoll]

Am doing this online now.

 

What address should I put for Cap 1?

 

Thanks

[sowerby17]

been reading your thread and wondered if you know do cap one take card off you if you claim charges back?

[kfdh1962]

Hi Hollydoll,

i used the address

capital one bank

PObox 5283

NG2 3YG

 

alternatively you could use this address

 

capital one bank

legal department

loxley house

station street

Nottingham

NG2 3HX

 

this is the address that all the documents returned to the court had on them

 

 

kevin

[rachrob21]

Hi

 

I am going through the same thing with Cap 1 at the mo, have recevied letter saying they have refunded me £56 do I need to send a letter before action letter or just the thanks but no thanks letter??

 

Thanks

Rach

[Hollydoll]

Sowerby17 - They haven't taken my card off me.

 

Kfdh1962 - Thanks I used the Loxley house letter.

 

rachrob21 - I sent a letter accepting their offer as partial payment only and then the LBA. They wrote back and said the offer still stood and they would not be increasing it.

 

Moneyclaim filed today.

[elizabeth1]

HOLLY - GOOD LUCK I AM DOING MY FORMS FOR COURT HERE NOW TOO!!

 

Does anyone happen to know whether you include the interest being charged as part of your claim figure - or is it a separate thing to write on form. Reason is my charges are less than £410 - interest on the charges take claim over the £500 - so the £80 fee rather than the £50 fee for a claim under £500 - is that right I add the charges and interest together and pay the higher court £80 fee??

 

Just wondered if anyone knows the answer to that - would appreciate some help with that please.

[sowerby17]

hi just wondered did you send a letter asking for statements and if so where did you get it from.Alternitavely could I just ring up for them?

[elizabeth1]

Sowerby,

I sent in the SAR request for my statements etc.. - there is a £10 fee for this request of past statememnts etc.. - I couldn't say whether it's something you can request by phone to be honest.

 

There is an address here to use etc.. - and remember if you do post a letter it's worth while to record the delivery of letters you are sending (it costs £1 ) this way letters are signed for and it avoids your letters getting lost - or not delivered at all etc.. :0)

 

There is no harm in phoning and asking if you can order over the phone for your SAR though - at least you'd know?

[kfdh1962]

Hi

 

I am going through the same thing with Cap 1 at the mo, have recevied letter saying they have refunded me £56 do I need to send a letter before action letter or just the thanks but no thanks letter??

 

Thanks

Rach

 

Hi Rach,

they did the same with my claim.send the LBA but ammend it. Add in the statetement at the start of the letter along the lines of "re your letter dated ##/##/## i accept the partial refund of £56 but still require repayment of the remaining £### of my claim plus interest". You will find that you will probably have to start the money claim then they will settle straight away. This seems to be the pattern with cap one.

 

good luck

[kfdh1962]

HOLLY - GOOD LUCK I AM DOING MY FORMS FOR COURT HERE NOW TOO!!

 

Does anyone happen to know whether you include the interest being charged as part of your claim figure - or is it a separate thing to write on form. Reason is my charges are less than £410 - interest on the charges take claim over the £500 - so the £80 fee rather than the £50 fee for a claim under £500 - is that right I add the charges and interest together and pay the higher court £80 fee??

 

Just wondered if anyone knows the answer to that - would appreciate some help with that please.

 

Are you doing money claim on line? if i recall the main body of the text is just the figure your charges. when you indicate you wish to claim interest it gives you some text to add in which is where you add in your interest figure plus a statement which allows interest to accrue at a daily rate from the date of your claim. There is a template in the library covering this

[Hollydoll]

elizabeth.

 

That is right yes. MCOL online works it out for you i think.

[sowerby17]

thanks Elizabeth think I will give them a ring first see what they say

[elizabeth1]

Thanks Holly - I filed my claim today!!

 

I sent the £80 payment too - I was just wondering if while my claim was initially under £500 whether I'd be able to pay the £50 fee cause it was the interest and court fees that took it over £500 that was all - but I rang the court and asked them to clarify too.

 

For some reason I thought I'd read somewhere someone had a £30 cheques from HMCS because of something similar to this - which was why I queried it.

[Hollydoll]

OH NO DISASTER

 

I am just checking my MCOL and I am claiming

 

£656 + £48.30 = £704.30

 

But at the bottom it says my claim is for £784 plus court costs of £80.

 

What shall I do?

[elizabeth1]

Holly - you could ring MCOL and just explain it's a "clerical error" - I am sure you aren't the only person to have done this - I am sure it can be put right - try not to panic.