saddler10's partner v capitol one

[saddler10]

Hi everyone, DPA request posted today, will keep you updated.

 

cheers, Paul

[Guest Lueeze]

Sorry we missed your post!

 

Good Luck...

 

Lou x

[saddler10]

Hi, DPA info arrived today, my partner will be claimng £400 in charges. The balance on the card is only £408! I also have 2 Capitol one cards myself. Will be starting the process with those very soon.

 

Paul

[saddler10]

Just a quick update, preliminary request for repayment sent on 19th June, so 4th July is their deadline, then letter before action will be sent.

 

Paul

[saddler10]

Hi, sent LBA on 4th July giving 14 days to settle, partner received reply very quickly, the main points of which are;

 

Their fees are in line with other banks. OFT believes default fees of of £12 are likely to be fair (not exactly what the OFT statement said?). Capitol one disagrees with their analysis and believe their current fees are fair and legal.

As a matter of goodwill, they offered to reduce the fees applied to the account to £12, therefore offering a refund of £168.00.

A settlement form is included, reading as follows, 'I confirm my acceptance of Capitol One's offer of late payment and overlimit fee refunds totalling £168. This action by Capitol One is accepted by me as closure of my complaint about the fees added to my account.'

No thanks, Capitol One.

[onanblues]

Hi Saddler10,

 

Your PAR letter, what template did you use? I can only find one Credit/Store card template in the library and that is the LBA.

[saddler10]

Hi, Onanblues, are you looking for DPA request letter or preliminary request letter?

 

Paul

[onanblues]

I have all my statements from the time the account was opened so I don't think I need to ask for account information under the DPA.

 

I was wondering what you used for the prelim letter?

[saddler10]

Hi, just used the preliminary approach letter in the library, replacing the reference to direct debit refusals and exceeding overdraft limits with late fees and overlimit charges.

 

Paul

[saddler10]

Letter before action deadline up today, moneyclaim next stop!

 

Paul

[saddler10]

Hi, moneyclaim issued, £400.00 in charges plus £25.01 interest.

Will keep updated.

 

Paul

[lickthewallfatboy]

it'll be a few days,but they'll crumple in the corner like all the rest!!They just did with my claim.

[saddler10]

Hi all, confirmation letter from court today, claim will be deemed to be served on 29th July, Capitol One has until 12th August to reply.

 

Will keep updated.

[saddler10]

Hi, Acknowledgement of service received today, stating that Capitol one intend to defend all of the claim.

 

Paul

[saddler10]

Hi, letter from Capitol One yesterday offering full settlement as a 'gesture of goodwill'. An additional £40.00 has been charged since the claim began, wondering how the following part of the settlement form would affect claiming for this;

 

"I will not take any further action in relation to this and I understand this offer is made without any admission of liablity on the part of Capitol One and I agree to notify the court to confirm settlement"

 

Does the 'further action' part refer only to this case or does this stop us taking action against any further charges?

 

Paul

[gargoil]

It will mean no further action on your part at all, so you obviously don't want to be excepting that. I'd write back to them saying you will be continuing with your court action until you get a full settlement offered with no conditions applied. They will either have the choice of defending or paying up with no conditions.

[saddler10]

Hi, another case won but with a lesson learnt. My partner decided to sign their offer letter as, I suppose like a lot of people on here, we need some money coming in fairly quickly. So, we posted this acceptance, but before Capitol One had received it, they wrote again saying as they hadn't heard from my partner, they had credited her account with the full amount.

So, if we had waited a little longer, the money was paid up without any conditions and we could have claimed again for the extra £40.00 that has been charged. Just waiting for my DPA info for my own Capitol One cards, so at least I have a good idea of how they will act.

 

Paul

[gargoil]

Fantastic!! Well Done!!

[saddler10]

This topic was closed on 11 March 2019.

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