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dori2o v Capital One


dori2o
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Been thinking about this all night. I think I will write to Cap One advising I will accept the offer, but that I also want the repayment of the £8.76 before I tell the court this mater is fully settled.

 

When writing to the court should I CC: Capital One?

 

Also, do I wait for the payments from Cap One to clear before writing to the court to advise that the claim is now settled?

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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If you are happy with this offer then you should accept, its your claim. I would also wait until payment is received before informing the court - tell cap one you will let the court know once you have received all monies including the £8.76. I'm sure you will get more postings today though - see what others say.

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Hows this letter?

 

Response to settlement offer.

 

Dear Mr Daley,

 

Re: Account number XXXXXXXXXXXXXXXX

 

Thank you for your letter dated 28 March 2007, regarding my claim for repayment of penalty charges.

 

I am happy to advise that I will accept your offer of £595.10 in respect of these charges plus interest.

 

You will note however that I did also request that the £8.76 credit balance on the statement dated 17 July 2004 is not included in your offer.

 

I contacted your customer service department on 1 April 2007 to query this matter. I was advised that I will receive payment for this, under separate cover, within the next 10 days.

 

Once I have received both payments, and they have successfully cleared into my account, I will write to the courts, sending a copy of the letter to yourselves, informing them that you have settled the claim.

I’m happy we have finally managed to settle this matter.

 

 

Yours faithfully

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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I think on first reading the 3rd para can be confusing. I would add 'Therefore please add this amount to the offer making the total to be repaid xxxx. May just be me the way I read it but I would also just do a quick breakdown of everything (idiots breakdown really) so they can't confuse amounts to be repaid to you.

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Right, been reading through the various threads again and just realised that I should have asked for the default to be removed from my credit file as this was due to unlawful charges.

 

Is it possible to go after the default removal once I have completed this claim? or is it too late. (Don't want to amend this claim)

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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You are in a much stronger position to get your default removed if it is linked with your charges. You can try as a separate claim which I think will cost you £150 if there is no monetary value to the claim - I know nothing about doing this except that it is perhaps more difficult. Is it too late now to try and amend your POC - personally I would rather put the claim back and go for default linked with bank charges. If not have a look in the legalities section of the forum, you will see there is a sub-forum that includes defaults.

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I have still not received payment yet. Have contacted the court and they have not submitted a defence.

Have contacted CO and they say payment will be issued in next 14 days- exactly the same as they said on 28th March.

 

What do you advise.

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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Guest Mumofthreeboys

I would write to them and tell them that unless they pay up in 7 days, you will go for the whole lot.

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Does anyone have an email address/ phone number for the Executive office at Cap One.

 

I accepted their 85% offer on 28th March, they said I would have the money within 14 days, I'm stil waiting.

 

Called customer services, they don't want to know. If the shoe was on the other foot however, would I get 14 days? I think not!

 

 

All I want is my money.

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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**bump**

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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Cheques received and banked, just waiting for them to clear.

 

Is there a standard leter to write to the courts to advise the claim is now settled.

 

Have received AQ today, wil that make any difference.

GE Money S.A.R - (Subject Access Request) issued 21/11/06. Responded 01/12/06. Prelim sent 05/12/06 £406. Response 12/12/06- **SETTLED IN FULL** (£396)

HSBC S.A.R - (Subject Access Request) issued 05/12/06. NO charges in last 6 years.

Lowell CCA issued 21/11/06. Further reminder sent 8/12/06. Now commited criminal offence no response.

Capital One S.A.R - (Subject Access Request) sent 08/12/06 Responded 03/01/07-Prelim Sent 16/01/07. LBA issued 06/02/07- N1 served 07/03/07- acknowledged 14/03/07.

Scotcall CCA issued 16/01/07. Criminal offence committed.

HFC Prelim sent 16/01/07. LBA sent- Final Correspondance issued with time limit of 29/03/07.

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Congratulations. . well done. I have'nt seen a template letter telling the court about your settlement. Send a letter with a copy of your settlement from Capital One to the court clerk. AQ will not have to be filed in now.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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