deller1 vs Capital 1 ***WON***

[Deller]

Thought I'd better start a new thread here with regards to my claim against Capital One, already claiming against Nat West and at a pretty advanced stage but better to keep the two issues separate.

 

Sent my S.A.R. on 18th October and received copies back of all my statements last week Went thrugh them with a highlighter and totalled up charges of £626 with regards to Overlimit fees and Late Payment fees. Should be a nice little payout once things progress.

 

Preliminary letter posted on 20th Nov 2006, so the 14 day countdown has started before I send my LBA, hopefully this claim will be a little easier than my NW one, and hopefully a little quicker.

 

I've got quite a bit experience of this site now which should certainly help me with this claim.

 

MBNA are next, but that'll be a nother story!!

[Deller]

Does anyone know how long this takes with Cap One, at what sort of stages are their offers coming and how long before the payout!

[Deller]

Well the 14 days passed with no response whatsoever, was a little supprised at this as most other people seemed to have recieved some sort of reply. LBA was sent yesterday along with schedule as a result of this.

 

Today however, the response arrived......this seems to have started in a very similar manner to my NW claim......late in responding. The letter was for apartial offer of £248.....a little short of the £626 requested.

The later stated:-

 

As you're probably aware the Office of Fair Tading, (OFT), are not challenging the right of banks to charge default fees, but merely the level of those fees. I'm afraid we won't give you a full breakdown of our costs to reassure you they're fair as this is confidential business information. We're continuing to work with the OFT at the moment to resolve their issues.

 

Although we feel £20 is a just fee, we have reduced our charges to £12 so we are in line with our competitors. I appreciate that you have incurred previous fees at the higher rate, and would like to address this.

 

I've reviewed your account and, as a matter of of goodwill, I'd like to reduce the fees we've added to £12 each, so I'd like to offer a refund of £248, if you'd like to accept this please sign and return the settlement form enclosed with this letter, I'll action your refund as soon as I receive it.

 

Well for starters they are refusing to let me have a breakdown of their charges....is this allowed?

 

Is this deemed to be a fair offer the difference between old fees and the new reduced ones?

 

I'm not really up to speed with the Credit Card claims as I've been soooo busy sorting out my NW one, do they tend to pay-up the full amount in the end, or should I just accept?

 

Any advice would be much appreciated.

[Deller]

Should I send a letter declining their offer even though I've already sent my LBA??

[Deller]

Cheers UK.

[Deller]

I really can bonk and type - in fact doing ot rhit nwo

rgarsd Sandbag.

 

Is that why your typos are so bad??

[Deller]

Well 14 days from LBA are up....well actually I've given them an extra day. I'm ready to file my claim through the courts and will do this through MCOL as it's a little awkward for my to get to the courts.

 

Just want to check a couple of things before firing it off, firstly is this the correct address to use when submitting my claim:-

 

Capital One Services Inc

Trent House

Station Street

Nottingham

NG2 3HX

 

Secondly, for my POC I assume it's OK to use the same version that I would for making a claim against a bank.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

Or do I need to edit this in any way??

 

Thanks in advance.

[Deller]

1. Have you checked you statements - as they usaully just stick the

refund directly onto the card whether you except it or not?

Havn't had statement for a while, but know my balance is zero so could phone to see if there's been any activity on account.

2. They usally refund all the charges down to the £12 Oft limited after Prelim - does that fugure equate to your offer?

Yes this figure does equate to my offer.

 

3. Usually get snotty leter refunded the remainder after LBA.

Not yet!!

 

4. Did you send your letter recorded? Im not one for giving any bank or CC extra time but my thinking is, its not like them to not repsond so maybe your letter has a - gone astray or b - been held up in xmas post.

Letter was sent recorded and I've just checked on Royal Mail website where it states it left the Nottingham office on 8/12/06 - no POD available though!! Perhaps I should give them a couple more days - 14 days from delivery will be 22nd???

 

Itmaybe worth phoning them just to find out if they have received your LBA - I would hate for you to start a claim if they have not received your LBA.

They've definately got it, just a little later than I thought - I posted LBA on the 5th!!

However if all of above checks out - then let the games begin!!!!!!

Well this is what I want.......I'm eager to get the 8% too.

 

 

What about the address Ally???

[Deller]

Well I've just phoned Cap One and the balance on my account is still zero, so they havn't been crafty beggers and refunded their offer without me knowing.

[Deller]

You have been as helpful as ever Ally, I will have to buy you a rather large......and strong......drink sometime!!

[Deller]

Well I've filed my claim with MCOL today, don't see why I should give any time extensions, would they, I think not!!

 

Nice to get that out the way before Xmas, I know nothing will happen for a while yet so I can now sit back, eat, drink and be Merry!!

[Deller]

Hi Deller

Been reading your fight with Nat West (We have 2 on the go with NW at the mo, so may be contacting you for help!)

Just to let you know that THIS bunch are as mad as a box of frogs.

We have had the most amazing experiance with them, sent to DCA then taken back from DCA (although Cap 1 said we were still with the DCA as they were saying "No"!) then off to another DCA and back again, all while we trying to sort out what they owed us AMICABLY .

Gave up in the end and filed, claim needs acknowledgement by 28th or thats it,we win

Gets on your nerves doesnt it ....

 

 

It certainly does get on your nerves, but if you've read my NW thread then you'll know a few minor problems aint enough to put me off!!

 

If you need any help with your NW claim then give us a shout, I may to call on you regarding this Cap One claim.....

[Deller]

Notice of issue received yesterday stating my claim will be deemed served on 27th Dec and that the defendant has until 10th Jan to reply!!

[Deller]

Thanks DS, I'm gonna just sit back and try and forget about all this claim stuff for a few days and enjoy my Xmas. Have a good one to and I'll be checking your progress next week!!

[Deller]

Will be good to know when you receive your full refund as like you say this will give me some sort of idea how much longer I'll have to wait.

 

Happy New Year to you!!

[Deller]

Great news DS, congratulations, did they get to the stage of entering a defence or was this settlement before even reaching that stage??

[Deller]

They wont get a chance to do that with mine as I've made sure there's a zero balance on my account!!

 

Well done though Grapes!!

[Deller]

Well Cap One were certainly a lot easier than the battle I had with Nat West. Received letter yesterday stating the usual old codswallop about how their charges are fair and reasonable blah blah blah, but in an effort to resolve this matter they are willing to settle the claim in full. Payment will be received within 14 days. So the cheque should be on it's way.

 

They have also stated that if find their charges unreasonable then perhaps I should think about closing the account.............Oh don't worry Cap One, I will be!!

[Deller]

Well I'm still waiting for this cheque to arrive, 14 days will be up on 2nd Feb and the AQ is due to be returned by 5th Feb so unless they get their skates on and stick that cheque in the post I'll be taking things to the next stage.

[Deller]

Well the cheque didn't arrive by Friday, not that I'm at all supprised TBH. The AQ has been posted in time to have arrived at the court yesterday, so yes, it's gonna cost them another 100 quid, serves them right for not sticking to their word.

[Deller]

Well thought I better update this thread as my Cap One claim has come to an end, I was getting a little fed up as the letter I received clearly stated that a CHEQUE would be sent within 14 days. This didn't happen but last week I received my statement and was amazed to find that they had creditted my account with the 950 odd quid, which I found a little suprising as my account balance was zero anyhow. I suppose the important thing though is I HAVE WON.

 

:D

[Deller]

Thanks uk.

[Deller]

Yeah they're definately very crafty, probably thought it was a way of making me keep the account open..........NO CHANCE!!

[Deller]

That is exacltly what I will be doing.

[Deller]

Congrats Deller.

 

Just a thought. If you draw out the cash, they charge a cash handling fee. I would demand a cheque. Cheeky bu*****s!

 

Anyway, just about to set off for the airport. This time tomorrow I will be on the sunny beaches of Montego Bay!

 

See you all in 10 days.

 

Well I had a right dilema today, needed to draw the cash out to put in my bank only to be told that there were insufficient funds.

I phoned Cap One to be told that i had a cash advance limit on my account and that I was unable to withdraw any more until I made a payment. Now why should i have to make a payment when there is no credit to clear. I explained to the lady that I was infact expecting a cheque but for some unknown reason the money had been credited to an account with a zero balance, I have now insisted the account is now closed and that all monies owed to me are forwarded to myself immediately, I have also requested all cash handling fees returned as I refuse to pay these on money which is actually mine, and not money I'm borrowing from them.

They dont half try things on!!

 

Enjoy your holiday Stan.