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giving cap1 a goodwill gesture...


jaylou
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Hello People,

 

I would really appreciate some advice if anyone has the time.

 

I have received a letter (gesture of goodwill) from capital one offering £404.00 when I asked for £1192.00. I know its a bit of a cheek but if Cap1 had offered me enough to close my account with them I would have accepted. My balance at present is approx £850( £650 is over limit due to charges)

I want to give them the option(a goodwill gesture!) of clearing the overlimit amount as an alternative to being taken to court for the full amount, court costs and SI.

Does anyone have any advice regarding this? Do u think its a bad idea and that Cap1 will see me as a 'push over' and wipe the floor with me? I a just about to send them the rejection of settlement letter informing them of the intention of seeking legal recovery.

 

Help please......

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You could try something like my letter which I have posted on thread I have started. My position is not as bad as yours in that I only owe some £90 which they have sold to a Debt Collection Agency which I hope I have stopped in their tracks. I sent an LBA (Letter Before Action) to Cap One dated the 23rd. March. They responded with an offer to refund the difference between the charges I paid and £12, but as far as I can tell only for the last 6 years. As they offered me a GOGW (Gesture of Goodwill) I have offered them one which is an additional 7 days to respond with an improved offer. I did this as the date I had originally given for a response to arrive in the post was the 6th. April, that I didn't realise at the time I wrote the LBA is Good Friday. So in order to give them time to respond over the Easter holiday period when staff are likely to be away for a day or two either side of the statutary holiday days. So now they have until Friday 13th. of April. I also thought that when my claim goed to court (which I'm sure it will) I have proof that I have tried my best to settle without court action.

 

My thread is at:

 

http://www.consumeractiongroup.co.uk/forum/capital-one/79481-callingcard-capital-one.html

 

You are welcome to use my letter, but you will need to adapt it to your own situation. State your case clearly, back it up with statutes, quotes and judges rulings etc., If you had the same template letter as I had, then the sentance "As you may be aware the Office of Fair Trading challenged the level of bank fees last year." I have replied in my letter with the reference to the OFT report, which lets them know that I am more than just aware of the report. Then I have quoted a sentance from the OFT report that clearly shows that the the OFT is not suggesting that £12 is a fair charge for account transgressions. I have been to court in the past so it is easier perhaps to imagine that I am presenting my case to the Judge, who will want you to support any statements you make. Let Cap One know that you have done your research and you know what you are talking about. Read the FAQ's here and read what others have done and read the letters that people have used - there are plenty of examples. Above all, and I know this is hard, stay calm and rational.

 

Regards G,

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Thanks for that. I'm not confident enough to be adding all the laws and such to my letters. I've just kept it simple. All I want is to be rid of CapitalOne. I'm not bothered if i dont get the whole amount i'm claiming for - just enough to close the account.

Heres my letter anyway, I've used bits and pieces from others i've seen in here. I'm sending it off in the morning (using the prepaid envelope they supplied when hoping I'd accept their goodwill gesture!) So please dont tell me of any mistakes I've made! I'll keep you boys and girls updated if you all want to know....

 

5th April 2007

 

Capital One

PO BOX 5283

Nottingham

NG2 3YJ

 

Re. Account number: **** **** **** ****

 

Response to settlement offer.

 

Dear Mr Robert Udy,

 

Thank you for your letter dated 14 March 2007.

 

 

I am aware that the regime of 'fees' which you have been applying to my account in relation to late payments and exceeding credit limits are unlawful at Common Law, Statute and recent Consumer regulations. You state that as you have reduced the amount at which you charge for account penalties, they are in line with competitors and are ‘just’. I disagree and am not alone in this thought.

I draw to your attention the terms of the contract which you agreed to at the time 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.

 

In regards to your offer of settlement, I do not consider your offer of £***.00 to be an unacceptable resolution to this matter and respectfully decline under the terms stated. I request, one final time, that you return to me all charges imposed on this account since it first opened in December ****. This letter is to inform you of my intentions to seek legal redress should I not receive a satisfactory offer from you within 21 days of the date of this letter.

 

However, following your example, as a matter of goodwill I propose an alternative option of which you might wish to accept, hoping to avoid wasting court time and the incurrence of court fees.

As you will already know, the majority, if not all of the balance remaining on the account in question is due to charges and them having ‘snowballed’ over the past 18 months. I am prepared to withdraw requests for the refund of all charges and further legal action if the remainder of the balance on the account is written off by Friday 27th April 2007. For information, the balance of the account as of 14/03/07, stands at £***.**.

Unless a satisfactory response is received by the date stated above I will resume efforts in recovering all charges totalling £1192.00 via (my local) Magistrate Court without further notification to you. I have enclosed a copy of the spreadsheet detailing all amounts as included in my previous letter dated 02/03/07. I will also claim court costs and statutory interest.

 

 

 

For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter. I trust this clarifies my position.

 

Kind Regards

 

Jaylou

 

 

 

Fingers Crossed.....

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