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Lyndsey v Capital One issued N1 for charges reclaim


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Guest MotleyCrue
Motley, what give you right to slate people on here? You have also claimed against a bank.

 

No I haven't.

 

I posted asking for info to see what happened.

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  • 2 weeks later...

sorry guys another long one. I've sent my LBA and recieved this response:

 

Thank you for writing back to me again about my offer. I'm writing to you out of courtesy as I've already sent my final response.

I realise that you want me to refund all the charges we've ever added to your account. However, because we've added them correctly, I'm unable to do this. My offer to refund £196 still stands.

We do not feel that our fees are illegal, they are in line with the fees other banks and financial institutions charge. We only add these fees when a customer breaches their contract in this way.

As I mentioned in my previous letter, you have the option of contacting the financial ombudsman. As we've already sent our final response, I need to let you know we won't increase our offer. We'll acknowledge future letters from you about this refund, but i'm afraid we won't review what we've offered.

Yours Sincerely

 

Ellie Renshaw

Executive Office Manager

 

 

Please can someone help? they have said in the letter that they only add these fees when a customer breaches their contract, wasn't this the problem in the Lloyds court case? They couldn't prove they broke the contract so couldn't prove the fees were charges and were unlawful? please tell me if i'm wrong. So do i now go to court?

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Ha!! The usual stuff from Cap One. I had this too trying to put me off. Proceed now to the N1 stage Linzi and stick to your guns ... :p

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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i've just seen that motley crue is hijacking alot of other threads why hasn't he been banned yet?

 

 

people are allowed their opinions but when it's stated this site is to help people,

you don't need posts to put you off.

 

 

When he started on my thread i nearly gave up he might do that to other people.

 

 

Anyway thanks for the advice i'll do that,

 

 

i have the court forms here ready,

 

 

i was going to use them on Natwest but they are paying up.

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Linzi

I'm going to PM you now so look out for me in your inbox ;)

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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I've just had a letter sent from cap 1 and thay say

 

 

"We only add these fees when a customer breaches their contract in this way"

 

 

Will this go against me in a court case?

 

 

With all the fuss going on about the Lloyds case i'd just like to know do you have to be in breach of contract

to make the charges unlawful or can you not breach the contract?

 

 

Please help as i want to go to court but don't want to end up footing their legal bill.

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Hi Linzi

 

Just to let you know, I've had exactly the same letter (except for the ammount offered) 3 TIMES from Ellie Renshaw - they don't seem to know what 'final offer' means !!!!!!!!!!!!!!!!!! I wrote back TWICE refusing and asking for a better offer, but, of course, none came so I went ahead and filed my N1 yesterday.

 

Like PB says, Linzi, press ahead regardless!

 

All the best - Adam.

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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hi motely we know we should run our accounts better we are claiming because the fees charged are extortionate beyond reality. The banks would seriously pay nothing if they were in the right after all if they continue to win as you say in court why do others get paid out?

Have You Claimed? Have You Won?

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Hi Linzi

 

Just to let you know, I've had exactly the same letter (except for the ammount offered) 3 TIMES from Ellie Renshaw - they don't seem to know what 'final offer' means !!!!!!!!!!!!!!!!!! I wrote back TWICE refusing and asking for a better offer, but, of course, none came so I went ahead and filed my N1 yesterday.

 

Like PB says, Linzi, press ahead regardless!

 

All the best - Adam.

 

 

Linzi

Please don't be concerned ... just be aware that they are trying to put you off. Keep going.:grin:

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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hi motely we know we should run our accounts better we are claiming because the fees charged are extortionate beyond reality. The banks would seriously pay nothing if they were in the right after all if they continue to win as you say in court why do others get paid out?

Have You Claimed? Have You Won?

 

 

He can't reply to your message as he was barred :o

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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i want to file a claim against cap 1

 

 

the forms have arrived.

 

 

Can anyone tell me what to write in them

 

 

or is there a link or post to do this?

 

 

most of them are for the MCOL.

 

 

Also do I send the form to cap 1 or do i send 2 to the court and they send it on?

 

 

Any help or advice will be greatly appreciated

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Hi Linzi

 

There is a link to guide you on filling out your N1 court form:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

You send the form to the court.

 

Uk

Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

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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  • 2 weeks later...

You won't have to pay anything if the case is allocated to the Small Claims Track.

 

To be honest, you won't even got to court and the fact that they have told you writing that "We only add these fees when a customer breaches their contract in this way" adds to your case.

 

Talk about shooting themselves in the foot :)

 

Good luck!

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Sounds like the fairly standard "GO AWAY" response.

 

Don't let them scare you into thinking you've done something wrong, proceed with your claim and you will receive settlement before even having to attend court.

If my advice has helped please click my scales

 

Should you require any further help feel free to pm me.

Nat West 2nd Acc

Prelim letter sent 8th Feb '07

:) Full Settlement Offer 24th Feb '07:)

:pMONEY BACK IN ACC ON MARCH THE FIRST '07:p

 

 

Nat West 1st Acc

Filed at court 2nd of Feb '07

Acknowledged on 15th of Feb '07

:rolleyes: Defence submitted 1st March 2007 :rolleyes:

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