Capital One reclaiming - courtclaim issued **WON**

[emma81]

I recently sent a SAR to Capital One requesting all documents etc in the post on Friday last week by special delivery i recieved a packet from Capital One inside was a copy of what i thought was all my statements in looking through the statements that they sent according to them my balance was £77 owing, in looking closer at the statements the account numbers are different, Lowell are chasing me for one yet what Capital One have sent me is for another, i have not used this card since 2001 as i no longer have it but on the statements i was sent there has been purchases and payments made this year etc which i know were not me, i have sent a letter back to Capital One to explain whats going on if these are my statements then why are they chasing me for a debt for £400......also if this is my account then there is fraudulent activity on it, just want to know as Capital One have 40 days to send the documents out do they now have another 40 days or does it continue from the first one i sent?

[dencha]

Contact Trading Standards. If they are sending you someone elses statements then I expect they have broken some Data Protection Regs.

 

dencha

[emma81]

Recently i cleared a debt with Capital One that had been passed to Lowell Financial after 5 1/2 years of me opening the account,

 

they were chasing me for a debt going back to 2002 for £475,

after much debating i opted to pay them to shut them up

think i settled with Lowell at £380 whoopie!

 

now i have paid them back and they're off my case its time to hit them where it hurts their tight pockets,

 

my orginal credit limit with Capital One was £200 there was £275 worth of Late Fees and OL fees (the only reason there were OL fees was because they put on a Late Fee)

 

i thought i would push my luck, i calculated on Money Saving Expert all the charges and interest that was put on my account and sent them a nice little letter on Saturday requesting they now pay me £597.00 back in charges and interest

 

i wish i could be a fly on the wall when they get my letter, i've not doubt having won with Barclays and Nationwide that they will be paying me back

 

i will most definately be having the last laugh, all the money, time and effort they would have wasted in tracking me down and trying to get me to pay them back will back fire big time!!!

 

I'll keep you all posted, i know i'll get the Blah Blah Blah letter but they all pay up in the end!

[ukaviator]

Hi Emma

 

You seem to be in control of your claim. Just keep to your timescale and keep us posted. Have a good read around the Capital One threads, especially their history on paying out.

 

Good luck

 

Uk

[emma81]

I have had a good read on Cap Ones sites they tend to make offers to people but not for the full amount to be honest if i get £400 back i'll be happy, i have them marked on my calender in big red pen that, that is there final day i've also typed the letter out ready as i know what the reply will be, this site is fab the advice you get on here is great its been a step by step guide since i first claimed £2300 back from Nationwide last September!!

[emma81]

I sent a letter to Cap One on the 19th June requesting they pay me the charges etc that were on my closed account going back the last 6 years, Cap One had 14 days in which to do this, I received a letter from Cap One on the 29th June (with 3 days to go before 14 day deadline) with an offer of £137 even though i was claiming £597, i sent them the rejection letter saying thanks but no thanks, telling them that my original deadline still stood 2nd July and i would give them another 7 days from this letter which took it up to the 8th July to reply before i commence court proceedings, well guess what the 8th July has been and gone and still nothing from the theiving gits....am i now ok to file the claim in court i wont be using MCOL as i done that with Barclay card and the court date is now not until 14th August it was filed 3 months ago!

[karhuss]

Emma, I take it that you have sent your Letter Before Action to Cap One as this must go first. Cap One will not go to court as they state that they will defend and pay up within 28 days. I dont think it makes a difference if you MCOL or your local court as the court date is always well down the line anyway. Is your case in Cardiff on the 14th?

[emma81]

Yeah Barclay Card one is, i filed it ages ago with MCOL and was sent to my local court Cardiff, Barclays then filed a defense said there wasnt enough info etc so i would have to fill out a Questionnaire that the courts said they would send but never did, then recieved a letter from the courts with a court date of the 14th August, havent heard anything since then!

 

I did send the LBA to Capital One along with a list of all the charges etc this is when i recived the letter offering me £137, which i then sent the rejection letter!

[karhuss]

Cardiff directions hearings 14th August *POST HERE* 

 

 

Take a look at the link above as there are quite a few with the same court date.

 

With Cap One file your N1 straight away either with the local court or MCOL.

 

They acknowledge with the intention to defend.

 

They wont, they will pay within the 28 days.

[emma81]

Ahhhh thanks for that i am a little confused being blonde and all that, when i got the court date with Barclays i was under the impression i didnt have to do anything i never got an AQ through the post to fill out and they havent sent me anything other than the hearing date im not under the impression i had to attend....when i went through this with Nationwide last year i won £2000 was given court date etc but they settle before the date, do i have to now do anything for my Barclays one?

 

I will be down the courts when i get a mo with my Cap One N1 form filled out signed sealed and deliverd with a big smile on my face!

[karhuss]

Emma, I am dealing with my claim with Barclaycard so cant help you with that one. All I can say is read the threads as they are a great help and dont be frightened to ask question on the Barclaycard threa as they are a great bunch. I have won with Cap One so all I can say on that note is you will be smiling within the month of putting in your N1. Good luck!

[emma81]

Hokey Dokey thanks v much

[emma81]

Hi, does anyone have an email address for Capital One, i accepted their offer of payment of my charges 2 weeks ago,

 

the account i had with them was settled and closed in June this year so any monies owing should be paid directly to myself,

 

i have heard nothing from them,

i have written to them but still heard nothing,

i know Barclays have an department that deals with these i was wondering if Capital One did?

[WendyB]

try using [email protected] You could also try ringing them and see if they've put your acceptance letter on file yet. To be honest i think they're a bit busy at the moment....must be all those claims:D They usually send the cheque within 14 working days, so might be owrth giving them a nudge.