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hta80 vs Capital One**won**


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Hi guys!!! I successfully reclaimed charges back from Natwest and now I am moving on to the next one.....

 

Basically I have sent out the Preliminary and LBA letters and today received this reply from Capital One:

 

 

Dear Miss hta

 

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

 

To explain, we automatically add late payment fees if your payment is missed, arrives late or isn't enough to cover your minimum payment. We'll add overlimit fees if your balance goes over your agreed credit limit, which is £x.

 

When we opened your account in June 2005, 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 for the account, including the fees.

 

As you're probably aware the Office of Fair Trading, OFT, haven't challenged the right of banks to charge default fees, but merely the level of those fees. Although we feel £20 is a just fee, we've reduced our fees to £12 so that we're in line with our competitors. I appreciate that you've incurred previous fees at the higher rate, and would like to address this.

 

I've reviewed your account and, as a matter of goodwill, I'd like to reduce the fees we've added to your account to £12 each. I've refunded £56 and you'll see this on your March 2007 statement. :rolleyes:

 

To avoid more fees, you need to make sure we receive your monthly payments on time. On your statement, you'll find your payment due date and a date we recommend you make your payments by. Also, you need to make sure your balance doesn't go over you credit limit.

 

While you're disputing these fees, it is important that you maintain payments as your account balance consists of transactions that you have made. Failure to do this may result in negative information being recorded on your credit file, which may affect your ability to gain credit in the future.

 

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 compliments procedure. If I don't hear from you within four weeks I'll consider this matter closed.

 

Please accept my apologies etc etc etc..............................

 

 

 

Is this the standard letter being sent out? What shall I do now? I am claiming about £200, without interest, and all they have offered is £56. Do I now send a letter rejecting that amount. Please help!!!!

'A bank is a place where they lend you an umbrella in fair weather and ask for it back when it rains.' Robert Frost

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Hi, I see no one replied to your thread so here I am. Yes reject the offer and send LBA. Im afraid you will probably have to file at court for Cap 1 as they dont seem to be refunded until this stage.

Good Luck

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Thanks redsonja for the advice. I have my rejection letter ready to send off in the morning. Will let you know the outcome.

'A bank is a place where they lend you an umbrella in fair weather and ask for it back when it rains.' Robert Frost

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  • 2 weeks later...

Ok heres an update. I received no reply to my rejection letter and have made a claim through MCOL. This was done on 13/03/07 and has been acknowledged on 16/03/07.

 

What happens now? Will they pay up or make me sweat right til the end? Can someone please ease my nerves. I received £3895 from Natwest after the first letter. I am only claiming £200 from Capital One. Didn't think it would go this far. Is this just the norm?

'A bank is a place where they lend you an umbrella in fair weather and ask for it back when it rains.' Robert Frost

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Hi Sonic,

I claimed on N1 as I am going for contractual interest and there is more room on POCs.

 

Hta80 - Cap One have never paid anyone the full amount prior to issuing court claim. Dont worry about it, they will pay up. You will probably get notification that they wish to defend the claim but this is the norm and they will pay up after that!

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Ok just opened my mail today and this is the response I have received from Capital One:

 

Dear hta

 

Thank you for writing back to me about my refund offer of £56 of the fees we've added. I'm sorry to hear that you feel that my offer is unacceptable.

 

As i've already explained, we are confident our fees are both fair and legal and i'm disappointed to hear you're considering court action. The OFT haven't told us that we're obliged to refund any fees, and we've offered refunds as a gesture of goodwill. I'm afraid i'm not prepared to refund all the fees we've added as you've asked.

 

Financial regulations require me to advise you that a refund of £56 is my final response in relation to this matter. However, you now have that option to contact the Financial Ombudsman Service within six months from the date of this letter. Their contact details are in our complaints leaflet, which I included with my last letter.

 

Again, i'm sorry that I can't refund all of your fees and I hope we can move on from here.

 

Yours sincerely

 

Robert Udy

 

Right I filed my claim on the 13th March so this seems like a response to my rejection letter which I sent at the beginning of the month, a week before the claim.

 

What do I do now? The letter mentions nothing of my claim just that I threatened to make one in my last letter. Can someone please give me advice.

 

Has anyone else received a letter like this?

'A bank is a place where they lend you an umbrella in fair weather and ask for it back when it rains.' Robert Frost

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Hello HTA

 

The letters you are receiving are standard responses most of us have had.

You now have to wait for them to acknowledge the claim, then wait the 28 days for either a defence from them or payout in full. Not long now, your nearly there with your claim.

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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Ok. Shall sit and wait for a response to my claim.

 

Thanks ukaviator!

'A bank is a place where they lend you an umbrella in fair weather and ask for it back when it rains.' Robert Frost

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  • 2 weeks later...

Hi!

 

Just thought i'll let you guys know that I am still waiting for a response from Capital One. There is just over a week to go for the 28 days to be up.

 

Has anyone had to wait right til the last minute to hear anything? Shall I send any reminders out? Any ideas?

 

Much appreciated!!!!!!:-|

'A bank is a place where they lend you an umbrella in fair weather and ask for it back when it rains.' Robert Frost

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Any ideas??

 

Please help.

'A bank is a place where they lend you an umbrella in fair weather and ask for it back when it rains.' Robert Frost

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Great news!!!

 

I received a very nice letter from Capital One today. It goes on to say that the charges are not unlawful blah blah bla......etc etc.....and as a gesture of goodwill we would like to give you all the money you asked for including court fees. Victory!!!!!!!!!!

 

I thought I would not make it to the end but I now know it was very much worth holding on. :D

 

Thanks for everyones support.

'A bank is a place where they lend you an umbrella in fair weather and ask for it back when it rains.' Robert Frost

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well done!

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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