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matt v cap 1 **WON**


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Hi there guys i sent a S.A.R - (Subject Access Request) to cap 1 on the 26th feb 2007.

 

recieved my S.A.R - (Subject Access Request) on the 7th april 2007.

 

sent prelim letter special delivery 10th april 2007.

 

recieved reply from cap 1 regarding prelim 25/04/2007.

 

sent LBA 26/04/07.

 

recieved good will gesture 05/05/07 (way before time limit was up just shows the 4 weeks to look into my account was bs)

 

filed n1 09/05/07.

 

cap 1 filed defence on the 21/05/07

 

won 1/06/07 full and final settlement wooohoooo.

 

now the S.A.R - (Subject Access Request) request i sent to

capital one bank (europe) plc

po box 5283

ng2 3yj

 

so they do reply from that address

 

So nd i hope im right i sent my prelim to there too. it is gauranteed by 1pm tommorow so we shall see what happens they got 14 days from tommorow to reply if not i will threaten court within 14 days of that.

 

hope im doing this right.

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Sounds right to me! Good luck with it all.

 

GG

Capital One: S.A.R - (Subject Access Request) 14 Nov 06, Prelim 8 Dec 06, LBA 10 Jan 07, MCOL 1 Mar 07. Settled in full 2 Apr 07. :)

HSBC: Prelim 27 Feb 07, LBA 10 Apr 2007, Received offer 25 Apr 07. Rejected 2nd May 07. Received new offer 22 May 2007. Accepted 22 May 2007. Settled.

Barclaycard: SAR 2nd May 2007.

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Hi sargieboy i posted my prliminary letter today to capital one,i will keep my eye on how you are going and what responce you get from them

 

 

ok m8 let me know how you are going too bud we can help each other then

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Can i ask if they send me out a offer for part payment or goodwill gesture can i just turn em down flat by sending an lba? saying that there response is unsatisfactory.

 

also if i send an lba giving them 14 days to pay the full amount otherwise i take em to court are they are likly to settle at this stage to avoid court costs or do they let it get to the court stages?

 

thanks in advance

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Hi Matt

from what ive read on here you can take it as far as you want and we may have to file a court claim but they will hopefully settle in full before it gets that far but they can leave it right to the end(scary) but i guess we will just have to stick to our guns and get what they have taken from us.....I dont think they will apear in court though as they have to prove that all these rip off charges are fair..and they clearlly aint.

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Hi Matt

from what ive read on here you can take it as far as you want and we may have to file a court claim but they will hopefully settle in full before it gets that far but they can leave it right to the end(scary) but i guess we will just have to stick to our guns and get what they have taken from us.....I dont think they will apear in court though as they have to prove that all these rip off charges are fair..and they clearlly aint.

 

 

aye good advice there m8. if you have to proceed with court action though does it cost i read a thread earlier and he said he had to write a check out for £120 or somthing i dont have that sort of cash spare :(

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The cost of the court claim depends on the amount you are claiming. You get it back from Capital One when you win, anyway. You can pay online if you use MCOL, or you can go to the court and use a form called an N1 form. There's more info about that in the FAQs on this forum.

 

Cheers

GG

Capital One: S.A.R - (Subject Access Request) 14 Nov 06, Prelim 8 Dec 06, LBA 10 Jan 07, MCOL 1 Mar 07. Settled in full 2 Apr 07. :)

HSBC: Prelim 27 Feb 07, LBA 10 Apr 2007, Received offer 25 Apr 07. Rejected 2nd May 07. Received new offer 22 May 2007. Accepted 22 May 2007. Settled.

Barclaycard: SAR 2nd May 2007.

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The cost of the court claim depends on the amount you are claiming. You get it back from Capital One when you win, anyway. You can pay online if you use MCOL, or you can go to the court and use a form called an N1 form. There's more info about that in the FAQs on this forum.

 

Cheers

GG

 

 

thansk for that greengrocer i do undersand cap 1 have to pay it back but its the initial outlay that worries me i will struggle to get the outlay in the first place. so i hope the fold at the LBA stage. i am just gonna turn em down flat not except there offer as part payment just tell them tha that is unsatisfactory and that they pay me it all or i begin court proceedings.

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  • 2 weeks later...

recieved reply from cap 1 today.

 

thankyou for writing to us about fees.

 

 

its going to take us a while to look into your situation and come back with a detailed response. we'll do everything we can to get an answer to you within four weeks of this letter

 

if for some reason our investigations take longer than four weeks, we'll contact you to tell you why this is.

 

thank you for being patient while we collect the information we need.

 

 

so im sending my LBA tommorow first class recorded they are sticking to my time table im not going to stick to theres.

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received my letter from cap one today .Long story short they have given me a goodwill gesture of £176.00 which they credited to my card.Do i accept this and claim for the rest through the courts or refuse the

money and ask them to remove it from my card.

 

 

Hi falcon send them the template letter accepting it as part payment but it also tells them that you will pursue the rest through the courts.

 

that is what most people do stick to your time table too m8 if you dont get a ful settlement at the end of the next 14 days from that letter begin court proceedings with an ng1 or mcol.

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  • 2 weeks later...

Hi all i recieved my good will gesture this morning offering £412 of the owed £1331.88.

 

 

which is the best course of action? turn them down flat or accept as part payment?

 

also im in full reciept of jsa at the mo following a redundancy we also get child tax credit and child benefit. will i have to pay £120 for court fees?

 

 

i would like to keep things as straight forward as possible so they cant try and fob me off with false settlement agreements ie say its setled and then just pay the part payment.

 

all help and advice is much appreciated thanks in advance

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I think they will put the money in your account anyway, so I would do the accept as part settlement, i think you will have to go to the court for an exemption form, for court fees I don't think you can do mcol or if you can you pay and then reclaim it.

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I sent them a letter say how disappointed I was that they were unwilling to enter sincere dialgoue about the matter, and they had left me with no option but to file a court claim, onto which I would add interest at 8% and my costs. They didn't respond to it, but I filed the MCOL. Didn't hear anything else from them directly until they paid up in full.

 

GG

Capital One: S.A.R - (Subject Access Request) 14 Nov 06, Prelim 8 Dec 06, LBA 10 Jan 07, MCOL 1 Mar 07. Settled in full 2 Apr 07. :)

HSBC: Prelim 27 Feb 07, LBA 10 Apr 2007, Received offer 25 Apr 07. Rejected 2nd May 07. Received new offer 22 May 2007. Accepted 22 May 2007. Settled.

Barclaycard: SAR 2nd May 2007.

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I sent them a letter say how disappointed I was that they were unwilling to enter sincere dialgoue about the matter, and they had left me with no option but to file a court claim, onto which I would add interest at 8% and my costs. They didn't respond to it, but I filed the MCOL. Didn't hear anything else from them directly until they paid up in full.

 

GG

 

 

thanks gg so basicaly i dont have to send the letter i can just go ahead with ng1 as im not satsfied with the offer?

 

also what is the time scale between filing your claim and them actualy coffing up?

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Filed n1 today at my local court. i can also confirm if you are in reciept of jsa you are exempt from court fee's if its income based. you need to fill in an ex160 available here

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160_1205.pdf

 

make sure you print before closing as it cannot be saved!

 

 

So i guess its just a case of waiting now. whats the time scale of filing your claim to it geting to court?

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Recieved my notice of issue today

 

claim was issued on the 11th

the court sent it to cap one on the 10th

deemed served on the 13th

defendant has till 30th of may 07 to file there defence.

 

 

does someone want the details of the claim? should i pm someone.

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Sargieboy,

 

You need to pm a mod or site helper with the details of your claim, look at the litigation sticky at the top of the cap one forum.

 

glav:)

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Sargieboy,

 

You need to pm a mod or site helper with the details of your claim, look at the litigation sticky at the top of the cap one forum.

 

glav:)

 

 

thanks for that i pm'd details to site helper.

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