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Cap One reclaiming **WON AFTER ISSUED SCOTTISH CLAIM**


chocolatte
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Hi Chocolatte.

 

If there is a problem with the Scottish courts, then the FOS might be the best way for you to go.

They will accept the complaint provided that you have gone through the steps of trying to get repayment from them, youself, and failed.

 

They are very busy so it is likely to take a couple of months to complete, but they will pursue the whole of the clam.

 

Good luck.

Regards, Rooster.

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Hi first post here, i like chocolatte above am based in Scotland and was about to request last 6 yrs worth of statements but was told that i must do this in writing not over the phone, but question is now am i wasting my time being seeing as i live in Scotland?

 

thanks for any info in advance

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Hi first post here, i like chocolatte above am based in Scotland and was about to request last 6 yrs worth of statements but was told that i must do this in writing not over the phone, but question is now am i wasting my time being seeing as i live in Scotland?

 

thanks for any info in advance

You won't be wasting your time, I claimed against the Abbey and served the court papers on them in my local town.

The thing with Capital One, is that they don't have a branch in Scotland for me to serve the court papers on.

So with this I am now persuing it through the Financial Ombudsman Service online, they have a form to fill in which you print and sign and send to them.

our complaints procedure and how to complain

 

There are several ways round these obsticles.

Good Luck

:DABBEY-WON! £1,359.34

:confused:CAPITAL ONE WON £1,523.27+£39court fees.

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I have just sent away my letter of complaint to the Financial Ombudsman Service for Capital One, as I live in Scotland I would have to take out a Civil Law Action against them for the £1,394.55 they owe me.

Has anyone used this service and if so how did it go? Are they any good?

Thanks

:DABBEY-WON! £1,359.34

:confused:CAPITAL ONE WON £1,523.27+£39court fees.

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Recieved final offer from Cap One today £280!

Sorry complaint already on way to FOS!

Althought, reading through the threads it looks like the FOS only make them pay the charges but not the interest?

Anyone done this before?

:DABBEY-WON! £1,359.34

:confused:CAPITAL ONE WON £1,523.27+£39court fees.

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Hi

 

I would'nt bother with the FOS asking for your charges, it takes far too long. If you follow the tried and tested procedures here on this site, you will get it back. Did you ask for Contractual interest?

 

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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I sent the spreadsheet with the contractual interest on it. I can't take them to court because I live in Scotland and they don't have a Scottish Address to serve the court papers on?

:DABBEY-WON! £1,359.34

:confused:CAPITAL ONE WON £1,523.27+£39court fees.

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  • 4 weeks later...

Capital One have started phoning me again and harrassing me, 3 times today that I know of, gawd only knows how many times while I was out!

They responded to my harrassment letter a month ago and have suddenly started ringing demanding the pittence I owe them :lol: They owe me nearly £1500!

I have an ongoing claim with the FOS at the moment with Cap One and they were none too pleased and told me that when I get my settlement then this is a sepaprate case to bring up. So I take it from that statement that they are gonna tell cap one to pay up and then expect me to complain to the FOS again?

Has anyone else been in a similar situation, used the FOS, made a complaint about harrassing telephone calls?

Thanks:)

:DABBEY-WON! £1,359.34

:confused:CAPITAL ONE WON £1,523.27+£39court fees.

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There's a few options open to you.

1/ Give Trading Standards a call.

I found them very helpful and nonjudgemental. Send the refer and the fact you have reported them to TS in a recorded letter.

2/ Get BT's Choose to refuse service and block their numbers.

3/ Follow BT's harressment options and have them change your number.

4/ If you're not with BT then give your telecoms provider a call and ask them how they can help.

Be VERY careful whose advice you listen too

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Thanks for that Curly, I don't wanna change my number, plus the fools will just make things worse for themselves if they continue to call, so I will report them to OFCOM and I have already sent the letters and the times to FOS.

Thanks again X

:DABBEY-WON! £1,359.34

:confused:CAPITAL ONE WON £1,523.27+£39court fees.

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Report them to Ofcom. I have just posted a letter to them. Their call

centre phoned me 6 times last Thursday and apparently according to Ofcom they are allowed 1 abandoned call then this must be followed by a live operator. I had 2 abandoned calls followed by 4 further calls in the next hour. I had already sent Cap 1 Harassment by phone letter back in April which they have ignored. The complaints about Cap 1 are flowing out of me at the moment. Ofcom,Trading Standards, ICO, CRA's. FOS are next on my hit list.

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Nice one surprise, I've had 6 calls from them today, one they didn't answer and cut off, then I spoke to someone who doesn't have details on my account about the harrassment letter I sent them. Can we complain on line to ofcom? I'm off to visit their site now and see.

When she asked me for the £199 tonight, I said no and asked her if she would be able to pay me the £1500 they owe me, and if it would be alright for me to call her every half an hour? Ha ha, she said no, funny that:lol:

I'm off to complain now!

:DABBEY-WON! £1,359.34

:confused:CAPITAL ONE WON £1,523.27+£39court fees.

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Done it, written to OFCOM, ready to post tommorrow.

They ain't making this claim any easier on themselves!

:DABBEY-WON! £1,359.34

:confused:CAPITAL ONE WON £1,523.27+£39court fees.

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Hi there, I'm about to submit my court papers for Crap 1, do I ask for wasted time costs etc at this point, or do I wait until the hearing date and ask the Sheriff then?

Thanks

:DABBEY-WON! £1,359.34

:confused:CAPITAL ONE WON £1,523.27+£39court fees.

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You put the wasted costs order in after the case has been to court or they have paid up before the court date.

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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Thanks for that Uk,I thought that, but when I submited my order for costs to my successful Abbey claim the court told me that the case was dismissed and I would have to recall the case? I will have it all ready for the court date this time though, so I can present it to the court.

:DABBEY-WON! £1,359.34

:confused:CAPITAL ONE WON £1,523.27+£39court fees.

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Yes, prepare it for putting in when you hear from Capital One. I don't think many people have sent these in yet. Should be interesting to see.

 

Uk

WARNING TO ALL

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I will keep you posted on how it progresses. I did have a complaint in with the FOS for Cap One, but it's taking months, thought I would just go for it with the court as I now realise you can use an English Bank/CC address to serve papers on if you live in Scotland, Mike Daley, Govan Law Centre has a great piece about Juristiction.

:DABBEY-WON! £1,359.34

:confused:CAPITAL ONE WON £1,523.27+£39court fees.

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I had fun this morning with Capital One's collections team, ringing me at 11am on a Sunday! Anyway, I let her do her speel that she has to do and asked if I would like to make my missed payment today, I said no and asked her if she would like to pay me my charges today, quess what, NO! Anyway, I just had to laugh when she had finnished her speel and I told her that the Court papers were submitted on Friday, she said that she would ring me in a few days to see how that was going, I said Nah, you're alrite, don't bother, and of course she's sposed to ring me back in a few days just to harrass me again and ask for money again, what a laugh, I was so cocky and sarcastik, it just made my day.

:DABBEY-WON! £1,359.34

:confused:CAPITAL ONE WON £1,523.27+£39court fees.

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You won't get that. . .it's secret. His office does'nt use the phone except to order in Pizza. .

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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