Johnc V CapitalOne ***WON***

[johnc007]

had my SAR back, but i have a question as i settled this account can i still claim back the charges, as according to CO their is still money owed on the account even if they are not chaseing for it.

[ukaviator]

Hi John

 

You can still ak for your S.A.R.. When that arrives go through your statements, add up the charges, and put your claim in. They will automatically adjust what you owe when you win. Don't forget to ask for contractual interest as that will boost your amount, especially on old charges.

 

Good luck

 

Uk

[johnc007]

no reply to letters court action started

[johnc007]

Capital one have settled with one of my claims still waiting for the other.

[ukaviator]

Well done..was that a full refund?..

 

Uk

[johnc007]

All bar £70 but wife is happy with what she got

[johnc007]

i write in connection to the above court claim, which you have issued against capital one bank (Europe) plc. I have now had the opportunity to investigate your claim of £XXXXXX

 

it is denied that these fees are unlawful and they are detailed in your terms and conditions and in our customer welcome pack. Our fees are based on the costs we incur when a customer breaks their contract by making a late payment or goes over their credit limit. The fees are only levied when a customer breaches their contract in this way and can be avoided if payments are maintained and the account kept within the credit limit.

 

Capital one has acted in accordance with the terms of you credit agreement throughout this matter and it is clear that you have no claim against captial one.

 

also, after reviewing you request for £899.15 to cover the interest, i can confirm that your calculations ate incorrect. all defaults fees charged to any account are always charged at the purchase interest rate. The total amount of purchase interest we have ever charged to you account since it was opened in october 2000 is £108.08. This amount includes the interest on all of your purchases and only a very small portion of this figure has been charged on the default fees. on the basis of the above, i cannot agree to the proposal of refunding to you the sum of £899.15 to cover the interest.

however, i am prepared to offer, without any admission of liability, a refund of the total amount of interest charged to your account in the sum of £108.08. I'll also refund the sum of £227.83, which is the 8% you are entitled to claim under section 69 of the county courts act 1884. It also means you will have to held an account with us since October 200 without having to pay interest for any of your purchases.

 

if you do not agree with my calculations, you will need to provide me with a full and accurate breakdown of how you have reached you figure of £899.15

 

Along with the above offer to refund the interest, I also agree to refund the default fees totalling £583.00. this brings my total offer to £918.91. This refund has cleared you balance and i've arranged to send you a cheque for £493.72 which should arrive within 14 working days.

 

i hope i have explained things clearly to you and we can move on from here. i would finally request that you contact the court to confirm the settlement and discontinue your claim. this is very important as it is your responsibility to inform the court that your claim is settled and avoid wasting any further valuable court time. we have also written to the court to confirm that we have paid in full.

 

first off how do i reply to this?

can they take the money on a settled account that was surposed to be full and final settlement?

and can they just ignore the interest?

[johnc007]

settled both claims

[johnc007]

can one of the moderator change this to won please

[ukaviator]

Will do. . congratulations

 

Uk

[doo]

john, can you post up what happened after you received your letter (post 7) and if you ended up getting full amount?

[johnc007]

i gave in, was happy to get my money back and needed to considerate on my exams

[doo]

Thanks john, no worries, exams more important .