Jennifer V Capital One

[jennifer.mazzocchi]

Capital One has applied £1106 in charges to my account for late payment and over limit fees. I applied to them for a refund and they offered £408 in settlement (the difference between the charges and the £12 recommended by the OFT). I wrote to say I would accept the £408 in partial settlement but their response was £408 in full and final settlement, or nothing basically.

 

I submitted a MCOL on 13 March 07 and this is deemed as served on 18 March 07. However, Capital One acknowledged the claim on 16 March 07 which means they (as the Defendant) is allowed a total of 28 days from the date from when they were served with the claim to reply.

 

I need to know if the 28 days starts from the day of the acknowledgement of the claim (i.e. 16th March 2007) or from the day it was deemed as served (18th March 2007) because by acknowledging it two days before it was effectively served confirms their receipt of the claim.

 

I am also starting to wonder if perhaps they are trying to "Hang it out" given that the OFT is supposed to making a new announcement at the end of March/beginning of April and as such, if they use the £12 as part of their defence, will I still be able to claim for the difference plus interest, plus court costs, or will I have to amend my claim. I am getting confused now.

 

Also, if Capital One defend their claim, will they be forced to disclose their actual costs? And if they do defend, what is my next step? Help, help, help!

[livelylad]

Capital One has applied £1106 in charges to my account for late payment and over limit fees. I applied to them for a refund and they offered £408 in settlement (the difference between the charges and the £12 recommended by the OFT). I wrote to say I would accept the £408 in partial settlement but their response was £408 in full and final settlement, or nothing basically.

 

I submitted a MCOL on 13 March 07 and this is deemed as served on 18 March 07. However, Capital One acknowledged the claim on 16 March 07 which means they (as the Defendant) is allowed a total of 28 days from the date from when they were served with the claim to reply.

 

I need to know if the 28 days starts from the day of the acknowledgement of the claim (i.e. 16th March 2007) or from the day it was deemed as served (18th March 2007) because by acknowledging it two days before it was effectively served confirms their receipt of the claim.

 

I am also starting to wonder if perhaps they are trying to "Hang it out" given that the OFT is supposed to making a new announcement at the end of March/beginning of April and as such, if they use the £12 as part of their defence, will I still be able to claim for the difference plus interest, plus court costs, or will I have to amend my claim. I am getting confused now.

 

Also, if Capital One defend their claim, will they be forced to disclose their actual costs? And if they do defend, what is my next step? Help, help, help!

 

 

Ok the timescale is once the claim is issued its 5 days for the claim to be deemed served on the defendant. Then 14 days to acknowledge, if they dont acknowledge then you can file for judgement. If the do acknoeledge then its a further 14 days to enter a defence, again should they fafil to then you can file for judgement. So in total its 33 days from when the claim is issued.

 

Read this regarding the OFT ruling.

 

http://www.consumeractiongroup.co.uk/forum/general/70359-about-oft-impending-report.html

 

As for your next step please read the FAQS and the step by step instructions.

[jennifer.mazzocchi]

Hi and thanks for your reply. So, even though they acknowledged the claim before it was even deemed "Served" I still have to wait the 33 days and to be one hundred percent accurate, if it is deemed served on 18th March, then is it 33 days including the day of service (18,19,20,21,22,23,24,25,26,27,28,29,30,31 March, 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19 April) and if a defence isn't entered, I can ask for judgement on 19 April? The way I read it was 28 days from the date the claim was served (in this case, deemed to be 18th March) in which case, if a defence wasn't entered I could ask for judgement 28 days after, namely 14th April? I am confused (but that isn't difficult in my case)!!!

[bobbadog]

Hello Jennifer - you're in exactly the same boat as me. Capital One acknowledged my claim today, with intent to defend. I believe that they now have 28 days - so for you, that is 14 April. Best of luck x

[jennifer.mazzocchi]

Thanks for your reply - maybe I am not so dumb after all! Good luck to you as well

[jennifer.mazzocchi]

Some 5 years ago my hubby suffered a stroke as a result of which, he was off of work for 8 months. During this time we found it difficult to make payments on our credit cards and as a result Capital One imposed late payment fees/overlimit charges onto the account resultant in which, I have submitted a claim through MCOL for the full amount of the charges they have taken. The charges far outweigh what I still owe to them and when I submitted my claim, I put the total amount owed in charges, plus interest - I didn't deduct what I still owed to them and just assumed they would hopefully not enter a defence and pay me back the difference after they had taken off what was still due to them. I've just seen on the MCOL website that Capital One has entered a defence as they dispute the amount I am claiming. Help, what happens now? I am confused by all of the procedures on the H M Courts website. What doesn't help is that I now live in France although my address for correspondence is in Kent. Does this mean I am going to have to return to the UK to defend my claim. Please, please, please advise. Oh, and I should hasten to add that I haven't been paying my Capital One account as I haven't been able to afford to make any repayments. Am I likely to have to pay more costs to the court now that a Defence has been entered? I am not worried about going to court but I do want to know what exactly I should be doing and in "layman's terms" please!

[MickKane]

Jennifer thats the normal thing they do they will enter a defence and you will recieve a cheque soon after, dont worry im round about the same stage as you.

[jennifer.mazzocchi]

Does that mean I can relax and give my eyes a rest from reading pages and pages of mind boggling information (my goat will be pleased that at long last he's going to get fed today). Has Capital One also disputed all of your claim? And do you still owe them any money? Presumably, they will deduct anything which is owed prior to sending a cheque (ooh am I sounding more confident now?)

 

Thanks for your reply! Jennifer

[jennifer.mazzocchi]

Capital One for me has been and still is, a nightmare! Without going into the nitty gritty, Capital One now owe me more in charges than what I owe them and if I am able to get them to refund these, I will be able to clear this debt once and for all. The only problem is they are continuing to fight back.

 

I have followed procedure and recently submitted a MCOL. However, the amount claimed was for the total of charges over the last six years plus interest. Capital One acknowledged the claim but yesterday entered a defence saying they dispute the full amount I am claiming. I appreciate that I still owe them money (and in fact, due to my current financial situation, I haven't been paying them) but I had hoped that if I was successful in getting a judgement against them, the money they had to refund would initially have the amount I owed them deducted, prior to them sending me a cheque for the balance.

 

What now? I am worried that I may have to attend Court, not because of being afraid to stand up and say what thieving !"££££*&^ they are, but because I am now living in France. Would I, for example, be able to claim additional expenses if I was successful for my travel costs to the UK and accommodation. I would also incur expense of having to take my kids with me; putting animals in kennels etc etc.

 

Any advice would be much appreciated especially on what I am expected to do now. I know lots of forms will be being sent to the address I have listed in the UK for correspondence.

 

Thanks for reading!

[jennifer.mazzocchi]

Capital One for me has been and still is, a nightmare! Without going into the nitty gritty, Capital One now owe me more in charges than what I owe them and if I am able to get them to refund these, I will be able to clear this debt once and for all. The only problem is they are continuing to fight back.

 

I have followed procedure and recently submitted a MCOL. However, the amount claimed was for the total of charges over the last six years plus interest. Capital One acknowledged the claim but yesterday entered a defence saying they dispute the full amount I am claiming. I appreciate that I still owe them money (and in fact, due to my current financial situation, I haven't been paying them) but I had hoped that if I was successful in getting a judgement against them, the money they had to refund would initially have the amount I owed them deducted, prior to them sending me a cheque for the balance.

 

What now? I am worried that I may have to attend Court, not because of being afraid to stand up and voice my opinion and outline my case, but because I am now living in France. Would I, for example, be able to claim additional expenses if I was successful for my travel costs to the UK and accommodation. I would also incur expense of having to take my kids with me; putting animals in kennels etc etc.

 

Any advice would be much appreciated especially on what I am expected to do now. I know lots of forms will be being sent to the address I have listed in the UK for correspondence.

 

Thanks for reading!

[livelylad]

4 threads merged please stick to one.

[livelylad]

Capital One for me has been and still is, a nightmare! Without going into the nitty gritty, Capital One now owe me more in charges than what I owe them and if I am able to get them to refund these, I will be able to clear this debt once and for all. The only problem is they are continuing to fight back.

 

I have followed procedure and recently submitted a MCOL. However, the amount claimed was for the total of charges over the last six years plus interest. Capital One acknowledged the claim but yesterday entered a defence saying they dispute the full amount I am claiming. I appreciate that I still owe them money (and in fact, due to my current financial situation, I haven't been paying them) but I had hoped that if I was successful in getting a judgement against them, the money they had to refund would initially have the amount I owed them deducted, prior to them sending me a cheque for the balance.

 

What now? I am worried that I may have to attend Court, not because of being afraid to stand up and voice my opinion and outline my case, but because I am now living in France. Would I, for example, be able to claim additional expenses if I was successful for my travel costs to the UK and accommodation. I would also incur expense of having to take my kids with me; putting animals in kennels etc etc.

 

Any advice would be much appreciated especially on what I am expected to do now. I know lots of forms will be being sent to the address I have listed in the UK for correspondence.

 

Thanks for reading!

 

 

Firstly have you got access to the documents that are being sent to your UK address?

I would not worry about attending court as this is most unlikely Capital One do say they are going to defend but then they pay up. Expenses or costs can't be claimed in SCT cases, certainly not from the outset in the POC anyway. Any expenses would come under the 'no costs rule', although they can be awarded against a party who has behaved unreasonably. You'd have to request this at the end upon settlement, if you thought there were grounds to.

 

 

 

(Thanks Gary)

[jennifer.mazzocchi]

The address I am using in the UK is my parents address and they forward on any post which arrives for me, so yes, I do have access. Hopefully, I won't have to attend court as my expenses would far outweigh what I am claiming if I had to do so. Fingers crossed they will pay up. Any idea as to what point they pay - I would like to think I don't have to complete and submit more forms to the court. And, if they do forward a cheque - if - then do I withdraw my claim or what do I do? Thank you

[livelylad]

The address I am using in the UK is my parents address and they forward on any post which arrives for me, so yes, I do have access. Hopefully, I won't have to attend court as my expenses would far outweigh what I am claiming if I had to do so. Fingers crossed they will pay up. Any idea as to what point they pay - I would like to think I don't have to complete and submit more forms to the court. And, if they do forward a cheque - if - then do I withdraw my claim or what do I do? Thank you

 

They will pay up before you have to attend court, to cancel the claim you need to write to the court and inform them that you wish to cancel the claim quoting your claim number.

[ukaviator]

Jennifer.. They will pay up very soon....your almost there. .

[jennifer.mazzocchi]

Thanks to everyone who has replied so far. I got all excited when the postman came today. A letter from Capital One but sadly just a repeat of their previous standard, run of the mill letter, saying that they were unable to increase their offer. I think that's 3 now of the same computer generated letter from Mr Udy. Obviously the left hand doesn't know what the right hand is doing as my MCOL was submitted back in March.

 

Just hope I don't have masses of forms to fill in and they send a refund soon!

 

Good luck to everyone who is taking on Capital One