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Kirky v Capital One | SETTLED IN FULL


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Firstly, thank you to all the people on here who have given me unending support by just writing their findings, their templates and their worries. All the posts and the answers have encouraged me to "go for it" with Capital One and the Halifax.

I sent my request to Capital One for the backdated statements etc on 7th April 2006 and got quite a speedy response. Following that, I sent a preliminary request for repayment of £498 charges on 22 April 2006. I was offered £40.00 which I was told would be showing on my account on 6th June. I responded by telling them this was not sufficient and I still demanded full payment of £498.00.

I then got a letter offering me a further £160.00 - but had to sign a form to agree that it was in full and final settlement and that I would keep the settlement confidential. I declined and stated they had only a few days left in which to meet my full payment demand or I would instigate Court Proceedings.

I did that today, as I have heard nothing. The 14 days was actually up on 31st May, 2006 - but due to Bank Holiday, I decided to give them one more day....my summons has been issued today. Wish me luck - again - thanks for everything guys. Will keep you posted - they now have 14 days in which to respond. ;)

Capital One - SETTLED IN FULL £670.00 - 27.07.06

:D

Halifax Bank - SETTLED IN FULL £307.00 - 04.08.06

:wink:

Medinland

Data Protection Act letter sent 20.06.06

Moneyclaim started 24.07.06 (£735)

Defence submitted 02.08.06

My response submitted 07.08.06

Their response submitted 10.08.06

Hearing date: 19.12.06 watch this space!

I WON!!!

:rolleyes:

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Good luck, it will be any time now:D

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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Thanks....I couldn't do it without everyone on here. Talk about team work! Cheers Natalie x

Capital One - SETTLED IN FULL £670.00 - 27.07.06

:D

Halifax Bank - SETTLED IN FULL £307.00 - 04.08.06

:wink:

Medinland

Data Protection Act letter sent 20.06.06

Moneyclaim started 24.07.06 (£735)

Defence submitted 02.08.06

My response submitted 07.08.06

Their response submitted 10.08.06

Hearing date: 19.12.06 watch this space!

I WON!!!

:rolleyes:

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Capital One wrote to me on 8th May 2006, offering the £40.00 which I refused and said I was continuing with my claim for a FULL refund of charges, amounting to £498. They then wrote and offered a further £160 on 23rd May 2006. They had until the 31st May to agree to the full amount and did not write to me with a satisfactory offer, so I submitted my Court Claim on 1st June 200, which would be deemed to be served on the 7th June. Meanwhile, it seems they have decided to offer the £498 and sent a letter, dated 5th June(from THE Mr Udy!) which I received today (9th June). Too late now, as I had already spent a further £80 on court costs which I want reimbursing, not to mention the interest I added and the £10 fee for the DPA request. They have "acknowledged" the Court Claim and wish to defend. Is this just in hope that I will sign the letter I got today and they can get away with my costs and interest? I hope so! I'm getting nervous now, but will let it run and not correspond with them unless they offer the full £670.45 as per Court Claim.... any advice?:???:

Capital One - SETTLED IN FULL £670.00 - 27.07.06

:D

Halifax Bank - SETTLED IN FULL £307.00 - 04.08.06

:wink:

Medinland

Data Protection Act letter sent 20.06.06

Moneyclaim started 24.07.06 (£735)

Defence submitted 02.08.06

My response submitted 07.08.06

Their response submitted 10.08.06

Hearing date: 19.12.06 watch this space!

I WON!!!

:rolleyes:

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Threads merged - please stick to 1 thread

 

You are doing the right thing - don't accept anything now less than full claim amount + interest + costs. They will pay up!

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Hi Kirky,

I would advise you to write a letter to Mr Udy saying that due to their slow response you have now started court proceedings. However if he is prepared to pay for the extra costs, out with £498 unlawful charges you will consider the matter closed.

Personally I have sent a letter to cap one for Dpa so I am a few steps behind you.

Any way best of luck whatever you decide to do . . .

Hondamad21 :)

__________________

EGG CC Default Removal: Have reported Egg to Trading Standards, Summery Claim - 2nd Hearing Date 09/10/07. Click here to read posts

Monument CC: received statements, now need to send letters. . . !

BoS Current Account: Settled

Citi Cards: Hhmm seems like I have sued the wrong “entity”. Aaaaahhhhh . . .. oh well back to court I go, and they have settled in full!!!

 

:-D:p:D

This is just advice from me. If you are not sure please seek legal advice. However if what I have said has been helpful, than please add to my reputation by clicking on the scales :D

 

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  • 2 weeks later...

Hi, sent that letter to Udy on 9th June, not heard a thing yet, but I guess they are really busy....watch this space for more news.

Capital One - SETTLED IN FULL £670.00 - 27.07.06

:D

Halifax Bank - SETTLED IN FULL £307.00 - 04.08.06

:wink:

Medinland

Data Protection Act letter sent 20.06.06

Moneyclaim started 24.07.06 (£735)

Defence submitted 02.08.06

My response submitted 07.08.06

Their response submitted 10.08.06

Hearing date: 19.12.06 watch this space!

I WON!!!

:rolleyes:

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Just got a letter yesterday saying they have no record of someone with my name at my address....I got married in May and informed them of this, sending a copy of my marriage certificate...funny how they could respond to me saying here is the full amount please sign - only two days after I submitted a court claim...I have written back and explained the error of their ways and quoted the three letters which show my new name (and reason) in bold.

Capital One - SETTLED IN FULL £670.00 - 27.07.06

:D

Halifax Bank - SETTLED IN FULL £307.00 - 04.08.06

:wink:

Medinland

Data Protection Act letter sent 20.06.06

Moneyclaim started 24.07.06 (£735)

Defence submitted 02.08.06

My response submitted 07.08.06

Their response submitted 10.08.06

Hearing date: 19.12.06 watch this space!

I WON!!!

:rolleyes:

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Still no response for Udy or any other body within Capital One, checked my balance this morning and nothing has been credited, other than the £40 "Good Will Gesture" promised ages ago. Clicked on the button today on the Court Claim....hope this works!

Capital One - SETTLED IN FULL £670.00 - 27.07.06

:D

Halifax Bank - SETTLED IN FULL £307.00 - 04.08.06

:wink:

Medinland

Data Protection Act letter sent 20.06.06

Moneyclaim started 24.07.06 (£735)

Defence submitted 02.08.06

My response submitted 07.08.06

Their response submitted 10.08.06

Hearing date: 19.12.06 watch this space!

I WON!!!

:rolleyes:

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Capital ONe have managed to get my claim rejected, because they now are refusing to acknowledge who I am - saying that I have not advised them of my change of name (I got married during the process). This will now go to court, but I have completed my court questionnaire and informed the court that they had already agreed to make a partial refund and responded to my new name without question. Is this just a bit of a time-waster, or do you think they will get away with this one? I'm going to be very disappointed if this is the case, as they previously offered all my charges back, plust the £10 DPA fee, but I had already commenced proceedings, therefore demanded the £80 court costs and interest too....advice please?

Capital One - SETTLED IN FULL £670.00 - 27.07.06

:D

Halifax Bank - SETTLED IN FULL £307.00 - 04.08.06

:wink:

Medinland

Data Protection Act letter sent 20.06.06

Moneyclaim started 24.07.06 (£735)

Defence submitted 02.08.06

My response submitted 07.08.06

Their response submitted 10.08.06

Hearing date: 19.12.06 watch this space!

I WON!!!

:rolleyes:

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To be honest, I don't think they have a leg to stand on.

 

Is any of the correspondence that they have sent to your "new" name marked "without predjudice"?

 

I think they're just stalling/trying to scare you.

 

By the way, whereabouts in s.yorks are you?

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Hi Monkey

Tried to send a private message, as you were asking my whereabouts, but your message box is full - so it won't let me.

I'm in Doncaster.

They didn't send letters in my new name, but they didn't query why I was calling myself that until they received the court claim - so I figured they were stalling for time. They are still messing me about, because I have now received a letter saying they have received my marriage certificate, but still can't amend my account until they get both signatures on one letter for comparison...I pre-empted that and sent a letter by recorded delivery - they would have got it yesterday. I am not sure what else they can do now!

Capital One - SETTLED IN FULL £670.00 - 27.07.06

:D

Halifax Bank - SETTLED IN FULL £307.00 - 04.08.06

:wink:

Medinland

Data Protection Act letter sent 20.06.06

Moneyclaim started 24.07.06 (£735)

Defence submitted 02.08.06

My response submitted 07.08.06

Their response submitted 10.08.06

Hearing date: 19.12.06 watch this space!

I WON!!!

:rolleyes:

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"Both signatures for comparison"?!

 

WTF? Are they having a laugh!

 

"A. Smith" is bound to look different to "A. Jones" when signed.

 

Or am I being thick and misunderstanding you?

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Tell me about it Monkey..........talk about delay tactics...they take the biscuit. Anyway - they can't do anything else now, except let it go to court. I don't think they would win, because as I said, they had already acknowledged me when I wrote in my new name twice. It was only when they received a court claim that they suddenly decided they hadn't got a clue who this woman was!

Capital One - SETTLED IN FULL £670.00 - 27.07.06

:D

Halifax Bank - SETTLED IN FULL £307.00 - 04.08.06

:wink:

Medinland

Data Protection Act letter sent 20.06.06

Moneyclaim started 24.07.06 (£735)

Defence submitted 02.08.06

My response submitted 07.08.06

Their response submitted 10.08.06

Hearing date: 19.12.06 watch this space!

I WON!!!

:rolleyes:

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  • 2 weeks later...

Well, they stretched it for as long as they could, but I finally got the full settlement figure offered in a letter. I am not contacting the court to let them know it's over until the fat lady sings (until the amount has cleared my account!). Another one bites the dust.

Capital One - SETTLED IN FULL £670.00 - 27.07.06

:D

Halifax Bank - SETTLED IN FULL £307.00 - 04.08.06

:wink:

Medinland

Data Protection Act letter sent 20.06.06

Moneyclaim started 24.07.06 (£735)

Defence submitted 02.08.06

My response submitted 07.08.06

Their response submitted 10.08.06

Hearing date: 19.12.06 watch this space!

I WON!!!

:rolleyes:

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have capital one closed your account since re-inbursing you

hairybear ;)

 

lloyds tsb - preliminary sent 25/07/06 (recorded)

replyed 08/08/06

08/08/06 lba letter sent(recorded delivery)

01/09/06 sent 2nd lba letter to lloyds replyed

08/09/06 told not doing anything no offer made :mad:

19/09/06 - filed claim with money claim,

20/09/06 - issued

02/10/06 -claim acknowledged

19/10/06 - defence served

24/10/06 - copy of defence & AQ recieved

07/11/06 - deadline for AQ return

07/11/06 - took AQ to courts& paid £100

07/11/06a lso sent copy to SCM recorded with another copy of charge

10/11/06 recieved copy of **** AQ, requesting 1 month, also stating not available november

16/11/06 recieved court date set for FEBRUARY 13th 2007

 

 

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No, they just sent standard letter with notification of refund stating that I must remain within my spending limit and pay on time in future, or further charges would be made to my account.

Capital One - SETTLED IN FULL £670.00 - 27.07.06

:D

Halifax Bank - SETTLED IN FULL £307.00 - 04.08.06

:wink:

Medinland

Data Protection Act letter sent 20.06.06

Moneyclaim started 24.07.06 (£735)

Defence submitted 02.08.06

My response submitted 07.08.06

Their response submitted 10.08.06

Hearing date: 19.12.06 watch this space!

I WON!!!

:rolleyes:

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Donation Made Today - Thanks You Guys!

Capital One - SETTLED IN FULL £670.00 - 27.07.06

:D

Halifax Bank - SETTLED IN FULL £307.00 - 04.08.06

:wink:

Medinland

Data Protection Act letter sent 20.06.06

Moneyclaim started 24.07.06 (£735)

Defence submitted 02.08.06

My response submitted 07.08.06

Their response submitted 10.08.06

Hearing date: 19.12.06 watch this space!

I WON!!!

:rolleyes:

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Congratulations!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

FD £691.50 SETTLED IN FULL £691.50 :D

FD CREDIT CARD £75, SETTLED IN FULL £75 :D

MBNA CREDIT CARD £1784 SETTLED IN FULL :D

BARCLAYCARD . . .£500 BACK SO FAR . . NOW OFF TO COURT FOR MY OTHER £1200

 

PLEASE BE AWARE . . .MY OPINION IS JUST THAT . . IF IN DOUBT SEEK QUALIFIED LEGAL ADVICE x

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Nice one Kirky!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Congratulations Kirky

 

Do Capital One send you a cheque or do they take the charges off the balance of your credit card ?

 

I had my account credited, but if the amount they had to pay was more than my balance, the remainder would have been by cheque...

Capital One - SETTLED IN FULL £670.00 - 27.07.06

:D

Halifax Bank - SETTLED IN FULL £307.00 - 04.08.06

:wink:

Medinland

Data Protection Act letter sent 20.06.06

Moneyclaim started 24.07.06 (£735)

Defence submitted 02.08.06

My response submitted 07.08.06

Their response submitted 10.08.06

Hearing date: 19.12.06 watch this space!

I WON!!!

:rolleyes:

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