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Part Settlement.....Advice!


TEL999
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Hi all (again!),

 

Well the 14th day after LBA was up today. Suprise suprise i recieved a letter frm Mr UDY . This was the usual one about paying the difference between £20 and £12 etc. Cap 1 have basically gone and refunded £160 straight to my card, out of a claim of £600.

 

Ok then MCOL time isnt it? Also do i send them a letter accepting part payment or just go straight to MCOL without telling them???

Any advice re MCOL??

 

Cheers all

 

Tel

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Guest ChloeJane

Hi there,

 

First thing you need to do is send a letter accepting what has been paid as part settlement and let them know you are going to continue for the full amount of your claim.

 

To do this a template letter in the link below will make it clearer.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

Template 4.

 

Then wait out the time given in the letter - if no response file.

 

Money claim online -

LINKS THAT ARE A MUST READ

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

All the best,

 

CJ

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Hi,

 

Thanks for the response.

Ok so when using letter 4 which paragraph do i include as they have already put the part refund straight onto my account. Do i leave the bit in about the fact that they can take the money back from my account? - I find that a bit scary!!!!

Also do i include the schedule yet again?

 

I would really appreciate any resonse to this as i feel i am getting close now!!!!!!!

 

 

Thanks for the help,

Tel

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Guest ChloeJane

Hi Again,

 

This paragraph here needs to be added -

 

(If the bank have credited your account, please use this note in place of the above paragraph)

If you do not accept my conditions for acceptance, or you do not respond within 10 days, the money transfered to my account should not be viewed as my acceptance and I hereby authorise you to remove this sum accordingly.

 

Instead of this -

 

If you do not accept my conditions for acceptance, or you do not respond within 10 days, I shall return the payment to you. For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter.

 

WHY?

 

You are stating clearly that you are going to continue for the full amount and only accept this as part settlement and reminding them what is being claimed.

 

That if they do not accept that you are going for the full amount and in any way see their deposit to your account as an end to the claim - you are authorising them to withdraw the amount paid in within 10 days.

 

The schedule of charges you have sent - with your first letter? If so, no need to send again unless YOU choose to. This is not a requirement.

 

CJ

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  • 2 weeks later...

Thanks for your advice.

 

Well I gave them ten days and have had no reply.

Looks like it is MCOL time. At least i get to claim interest now!!

OK then from reading the MCOL advice I need Cap 1s legal depts address - any ideas??

 

Also any up to date advice regarding MCOL to make sure I really nail it?? - I assume things are still going to plan with this?- getting nervous!

 

Thanks for your replies

 

Tel

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Hi Tel

 

Try and not be nervous. Capital One have'nt gone to court yet. You file with the court online or via the N1 route. They then normally Acknowledge, file a defence then pay up. The address you need is here:

 

Capital One Services Inc

Trent House

Station Street

Nottingham

NG2 3HX

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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  • 4 weeks later...
got it full settlement just got back off hols and there was a letter saying they were going to send a chq for the full amount took their time though

 

Congratulations. The waiting game is really something! Well chuffed for you!icon14.gificon10.gif

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Yes it is .. you will get your money very soon. It's been like this nearly a year now . .

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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They offered me a part payment. 3 times and said it was their final offer, then paid my account off in full and sent me a cheque for what was outstanding £1070 in total.

 

They went upto the defense stage, then sent me the cheque whilst I was in the USA spending the cash I got from Alliance & Leciester :D

 

So hang in there

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  • 2 weeks later...

Well I recieved a letter from cap one today saying that they have refunded my claim in full to my card. They also owe me a further £100 which they say is being sent in the post by cheque!

I have checked my card and it has a 0 balance now!!! Get in!!!!!!!!!!!

They are telling me to contact MCOL now. What do i do?!!

 

Thanks for all your support.

 

Tel.!

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Hi Tel

 

Try and not be nervous. Capital One have'nt gone to court yet. You file with the court online or via the N1 route. They then normally Acknowledge, file a defence then pay up. The address you need is here:

 

Capital One Services Inc

Trent House

Station Street

Nottingham

NG2 3HX

 

Uk

HI! UK, I,ve just had the letter from court saying that they will defend the whole ammount ( balance ).after paying a part payment.Why do they say that and then usually pay up? Is this normal?

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Yes this is normal . . . it's been like this a year now.. crazy way to carry on..They should pay your whole amount shortly. Wait until the cheque or refund appears before cancelling the court action.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Thanks!!! So how do i cancel it?!!!!!!

 

Halifax ......your next! (hope they dont take as long!)

 

:shock: Sorry to say this but THEY DO!... at least in my case. Stated them a couple of days pre Cap one and Cap Ones gone through. Hbos' only acknowledgement of my existence has been the looonggg wait for my statements. Statements req 30.3.07 - (fought for statements) 1st letter sent off finally 21.5.07 All my letters ignored. I filed my N1 on 8.6.2007 they were deemed served 17.6.07 Hbos acknowleded claim on 4.7.07. Patience is a well worn carpet.:-|

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Thanks!!! So how do i cancel it?!!!!!!

 

Halifax ......your next! (hope they dont take as long!)

 

Hi Tel

 

Just write a letter to the court with your claim number, name address etc to cancel the action. Make sure you have thye cheque cleared or account adjusted first..

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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