JMio Vs Capital One - *** I'VE BEAT THEM.!! ***

[JMio]

DPA Letter sent off (Forgot to enclose £10 & they've never asked for it!)

 

Statements arrived this morning, total of £322 in charges since Feb 2001.

 

Preliminary Letter going off today / Monday (depending on how quickly I can get to a Post Office!) recorded 1st Class Delivery.

 

Here's hoping...

[Jamboray]

It really is great fun and you get a lot off pleasure from it................in a kind of sadistic way :cool:

[JMio]

Letter received this morning:

 

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Dear Mr JMio,

 

Account Number: xxxx xxxx xxxx xxxx

Thank you for taking the time write to us about fees we've added to your account. I understand you think these fees are unlawful and I'm sorry you feel this way.

 

To explain, we automatically added late payment fees if your payment was missed, arrived late or wasn't enough to cover your minimum payment. We added overlimt fees if your balance went over your agreed credit limit, which was £750.

 

When we opened your account in August 2000, 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 of the account.

 

Our fees are in line with other banks and financial institutions. As you're probably aware, the Office of Fair Trading (OFT) are not challenging the right of banks to charge default fees, but merely the level of those fees. The OFT has said it believes default fees of £12 are likely to be fair. We disagree with their analysis and believe that our current fees are both fair and legal. However, as a matter of goodwill, I've refunded two fees back to your account. Because your account is closed, I've sent you a cheque for £40, which you'll receive within 21 days.

 

I hope I've explained things clearly, but if you do have any other questions, please write to me again. You'll find my address in the leaflet I've included, which also explains our complaints procedure.

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

 

Yours sincerely

Robert Udy

Executive Office Manager

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Not exactly the £322 I asked for is it.!?!

 

Oh well, one LBA coming up I feel.!

 

Just a quick question - should I wait for the Cheque to arrive 1st or just slap them with the LBA (minus the £40.00).?

 

Thanks

[Jamboray]

send them the LBA give them another 7 days as a gesture of goodwill. minus the £40.

[JMio]

Cool - sending this off tonight then:

 

--- --- ---

 

Legal Compliance Specialist

Capital One Bank (Europe)

Trent House

Station Street

Nottingham

NG2 3HX

 

 

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: [xxxxxxxxxxxxx] EDITED for your security

 

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract, which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £282.00 between 22nd February 2000 and 5th November 2001, taking into account the sum of £40.00, which I understand is being refunded to me within the next 21 days.

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

Yours faithfully,

 

JMio

19th May 2006

[JMio]

Response regarding my LBA from Capital One arrived this morning:

 

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Dear Mr JMio,

 

Account No xxxx xxxx xxxx xxxx

 

Thank you for taking the time to write back to us about the fees we've added to your account. I understand you're unhappy with my goodwill gesture of £40, and you'd like a further refund as you feel our fees are unlawful.

 

As I mentioned previously, the Office of Fair Trading (OFT) has said it beleives that default fees of £12 are fair. Although we disagree with their findings, I'm prepared to help by offering a further refund of £144. This amount is the difference between our £20 and the OFT's recommended £12. If you'd like to accept my offer, please sign and return the form I've included. As soon as I receive it, I'll send you a cheque.

 

If you have any further questions, please write back to me in the next four weeks. I've included a leaflet that gives my address and outlines our complaints procedure.

 

I hope you'll be happ with my offer and I look forward to receiving your signed settlement form so we're able to put this behind us.

 

Yours sincerely

 

Robert Udy

Executive Office Manager

 

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That'll be a total of £184, from an owed £322. I've got to admit, I'm sorely tempted to take this one. I know there's another £132 there to be taken, but funds are running particularly low this month and the money would come in handy for paying the Court fees for a couple of the big boys I'm chasing (BOS & Clydesdale namely)...

 

:-| Hmmm.....

[JMio]

Spoke to one of their Call Centre Managers on the off-chance that they'd up their 'Final Offer' before I took it through the Small Claims Courts.

 

Not a chance, as far as they're concerned whatever their Executive Office offer, they've no power to go any higher.

 

Just in case anyone else was thinking of trying their luck! It doesn't work!

 

Ach well... Small Claims action it shall be then!

[Jamboray]

Glad top see your going to take it to the Sheriff Court, they will pay up the rest, this ploy of offering the difference between charges and the OFT £12 seems to be thier way of saving money.

 

PS It may be an idea to edit your account number out of your previous post?

[JMio]

PS It may be an idea to edit your account number out of your previous post?

 

It's just a line of 'xxxx's the matey!

 

Decided in the end that this may be my only chance to get this lot back for the years of hell & harrassment they've given me over the years, hence the decision to bite the bullet & go for the lot.

[Empire Strikes Back]

I too have received an offer from Crap 1 they have now decided to give me a full refund after a lot of haggling. so hang in there yours will come in the end. They are supposed to have sent the cheque on 25th May but have not received it yet. Do you have an e-mail address for them as I want to give them a reminder or else I shall continue with the claim, cant look it up as I dont have on-line accounting with them

[JMio]

Hi Empire - I've not used any email addresses yet, might be worth giving them a call though & asking them to confim a Cheque has been posted though.

[Empire Strikes Back]

Hi JMio

Thanks for that I have rung them and been told that it can take up to 14days for the cheque to reach me!? told them I wont be signing the form from the court to say it has been paid until I have got the cheque and its been cleared and if its not with me by 9th June I shall be continuing with the claim. Hope yours goes well will keep a watch on your thread

[skudbuket]

Hi, I started a claim against Capital One on 24th April, more in hope than anything else as I had heard that they were very difficult to deal with, also started two other actions, Monument and A and L, Capital One sent a standard complaints letter leaflet together with all my statements with no request for the tenner after 14 days, they offered to pay half my charges back with no admission of liability which I refused stating that I would pursue the matter through the court. Today I have received a 2 page letter from the Executive Response Centre stating they will refund in full all the charges subject to a Confidentiality Agreement. I am very suprised how hassle free this has been, Monument, well thats another story I cannot even get my statements out of them. Keep pushing, although the responses from them seem initially negative I have no complaint with their service. Good Luck

[JMio]

This sucks! I've got to wait until PayDay before I can go to Court - the Scottish Courts only accept payment by Cash/Debit card, and not Credit Cards.

 

Ach well, good things come to those who wait I suppose.!

[JMio]

Well, PayDay is tomorrow & still no sign of my Full Refund from Capital One yet so... Court Forms going off tomorrow - they've had more than their fair chance!

[JMio]

Claim submitted today for £262

 

Claim # SA317/06

[JMio]

Wahey!!

 

Letter from Capital One's Executive Office arrived this morning:

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25 July 2006

 

Your account number xxxx-xxxx-xxxx-xxxx

Claim Number SA317/06

 

Dear Mr JMio,

 

I write in connection to the above claim you have issued against Capital One Bank (Europe) plc. I have now had the opportunity to investigate your claim for the sum of £262.

 

It is denied that these fees are unlawful as 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 customr breaks their contract by making a late payment, failing to make a payment or spending 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 and conditions of your credit agreement throughout this matter and it is clear you have no claim against Capital One. Whilst we do not accept liability for the claim, I am prepared, in an effort to resolve this matter without the need for a court hearing, to refund the full claimed amount of £262. I have calculated the interest we have added to the fees we have charged you using the 8% and this amounts to £59.20.

 

My total offer of refunds to cover the fees and interest we have charged you is £321.20. This offer is made purely as a gesure of goodwill and is put forard in full and final settlement of your claim number SA317/06. This means that you also agree to notify the court of the agree settlement and we will do the same.

 

If you are happy to accept the offer, please sign and return the settlement form I have included as soon as possible. On receipt of the settlement form, I will send you a cheque for £321.20.

 

I look forward to hearing from you soon in response to this offer so we can hopefully resolve this matter without the need to take up valuable court time.

 

Yours sincerely

 

Hayley Marriott

Executive Office

For and behalf of Capital One Bank (Europe) plc

 

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Soooo close! Just need to give them a quick buzz tomorrow to gently remind them of the £39.00 Court Fee that's also due and then I think that we can call this another...

 

RESULT!!!

[clayts]

Congratulations - great result and worth the wait

[JMio]

Gave them a call, FINALLY got the call-centre guy to put me through to the UK office...

 

Spoke to their Customer Services Manager (Nicky Wood - fairly helpfull actually - ext 4422) who'd liased with the Executive Office (that sent me the offer) and they'll add on the £39.00 Court fee.

 

Nice!

 

Acceptance Form signed & going off today!

[lickthewallfatboy]

they don't want to go to court,do they?LOL

[dan-rides-bikes]

well done,

 

did you have any other corespondance with them as you submitted your claim on the 19th June and only yesterday they replied, did the default within the 28 days ?

[chocolatte]

What's the first part of the number please? I now have a court date for these imbosiles who have had since 16th March! They have really really dug their heels in with me, I wrote their 2 letters and complained to the FOS, and finally I just decided on Friday that enough's enough, during this time they have accrued hundreds in interest! I'm sick of them!

[JMio]

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