Alphageek Vs Capital One ***WON***

[steven4064]

Despite what we all write on the prelim/LBA, I'm not sure you can claim it back. The only costs you can claim are court costs.

[Alphageek]

Ok, I left it out. It's not a large amount anyway.

 

N1: printed, signed and in the mail this morning.

 

They nearly got let off the hook - my printer's ink ran out! Doh!

[Alphageek]

Got a nice letter from them today tell me of how concerned they are about my account.

 

Oh well, I guess that's the last one of those I will be getting. I will miss them

[steven4064]

Got a nice letter from them today tell me of how concerned they are about my account.

 

Oh well, I guess that's the last one of those I will be getting. I will miss them

All good things come to an end

[Alphageek]

The HMCS cheque has been debited from my account. What is the time-scale for hearing from the Court?

[steven4064]

I don't think there is any hard and fast rule - it depends how busy the court is

[Alphageek]

Thanks Steven.

[Alphageek]

Received my Notice of Issue (specified amount) papers this morning.

 

Your claim was issued on 07 December 2007. The court sent it to the defendant by first class post on 10 December 2007 and it will be deemed to be served on 12 December 2007. The defendant has until 27 December 2007 to reply.

Also under separate cover;

 

The Defendant filed an Acknowledgement of Service on 18 December 2007.

 

The defendant responded to the claim indicating an intention to defend all of the claim.

[WendyB]

In that case you should hear from Capital One soon, with a Goodwill Offer, probably all of the charges, your Purchase Interest, 8% and court fee. The winning post is in sight:D

They always say they'll defend but they never actually do. Although I have recently had a copy of what can only loosely be called a defence - received after they'd sent a cheque in settlement.

Also received their completed AQ yesterday-I've already discontinued the claim, so just shows how disorganised they are.

[Alphageek]

LOL - If I was that bad at my job, I'd be out on my ear!

 

Thanks WendyB

[WendyB]

Yes but if they were any good at their jobs it would take us longer to get our money! So thank god for disorganisation!

[ukaviator]

Hi Alphageek

 

This is how it happens. They say they will defend then pay up. Check your account online everyday from now on, if you have internet access that is. The letter will arrive a few days after your refund.

 

uK

[Alphageek]

I got a statement from them today with late and over limit charges on it

[steven4064]

Are these new ones, ie ones you haven't (yet) reclaimed?

[Alphageek]

Yes, brand new charges. Perhaps a Christmas present from them?

[steven4064]

When will they learn?

[Alphageek]

Trying to log on to their website shows me this;

Unfortunately, due to the status of your account, you are unable to access the account by this method.

Please call us on 0800 9524961 between 8.00am and 9.00pm to discuss the account. The call is free.

Bad losers!

[Alphageek]

Received this from them today;

 

7 January 2008

 

Dear Alphageek

Account No. xxx

 

Court Claim xxx

 

I write in connection to the above court claim, which you have issued against Capital One Bank (Europe) plc in relation to the fees and interest and payment protection insurance (PPI) we have charged to your account. I have now had the opportunity to investigate your claim of £9xx.xx.

 

It is denied that the fees are unlawful as they are detailed in your terms and conditions and in our welcome pack. Our fees are based on the costs we incur when a customer breaks their contract by missing a payment, paying late or going over their credit limit. The fees are only levied when a customer breaches their contract in this way and can be avoided if payments are maintained and the balance kept within the credit limit.

 

Furthermore, the PPI was added when you called us to activate your card on 6 May 2005. Capital One is authorised and regulated by the Financial Services Authority for the sale of insurance. We are required to ensure that our telephone scripting is clear, fair and not misleading. In accordance with FSA requirements for a telephone sale of insurance you were asked for your consent to hear the limited version of terms and conditions whilst on the call, and to receive full details in the post immediately afterwards. The product is optional and this was made clear to you.

 

Questions are asked to determine eligibility for the PPI product during the telephone call. You received the full policy document, which included full terms and conditions and policy summary immediately after the conclusion of contract in accordance with FSA requirements for a telephone sale of insurance. This contains a full list of exclusions. You also received a certificate of insurance which sets out cost and start date of the policy.

 

Capital One is not authorised to provide advice in relation to insurance products. Capital One would not therefore have made a recommendation that you should take out PPI, or advised you that the product was suitable.

You received a 30 day cooling off period in which you could cancel the policy free of charge.

 

Capital One has procedures in place to monitor the sale of PPI over the telephone. Our associates use scripts and are trained to avoid giving advice to customers. We undertake quality checks to ensure sales are being made in a compliant manner.

 

Capital One has acted in accordance with the terms and conditions of your credit agreement throughout this matter and it is clear you have no claim against Capital One.

 

Whilst we do not accept liability for your claim, I have in an effort to resolve this matter without the need for a court hearing, refunded £7xx.xx to your account.

 

After reviewing the amount you are claiming for interest, Capital One has found that it is incorrect. Therefore, we have refunded all the fees that have been added to your account totalling £3xx, the PPI premiums of £1xx.xx, interest of £2xx.xx, 8% statutory court interest of £4x.xx and your £65 court fee.

 

This has cleared the balance on your account and put it in credit by £1xx.xx. I have arranged to send you a cheque for this amount, which you will receive within 14 working days.

 

These refunds are made purely as a gesture of goodwill and we will now defend this claim on the basis that we have refunded your full claimed amount.

 

Once your claim is settled, I must advise you that if you use your account again we may still add fees to your account if you do not keep it up to date. We have now reduced our fees to £12. We believe that these fees are fair and you will be automatically charged a £12 fee for any of the following: -

•Missing a payment

 

•Making a late payment

 

•Allowing your balance to go over your credit limit

 

•Your direct debit or cheque payment being returned unpaid.

This is in accordance with the terms and conditions of your account which you agreed to abide by when you signed your credit agreement with us. If you no longer agree to adhere to these terms, I would respectfully request you consider closing your account when you have repaid your balance.

 

I hope I have explained things clearly for you and we can move on from here. I would finally request that you contact the court to confirm the settlement and discontinue your claim. This is very important as it is your responsibility to inform the court that your claim is settled and avoid wasting any further valuable court time.

 

We have also written to the court to confirm that we have paid in full.

 

(Please note, calls to the 0845 number at the top of this letter will be charged at a local rate. The cost will vary depending on your service provider. Calls may be recorded/monitored for training purposes.)

 

Yours sincerely

 

Ellie Renshaw

Executive Office Manager

They are totally bonkers in my opinion.

 

It is denied that the fees are unlawful as they are detailed in your terms and conditions and in our welcome pack.

Well, why didn't you just say when I initially complained?

 

Our fees are based on the costs we incur when a customer breaks their contract by missing a payment, paying late or going over their credit limit.

I think the phrase is "strict proof" isn't it?

 

After reviewing the amount you are claiming for interest, Capital One has found that it is incorrect.

Oh, ok then!

 

We have now reduced our fees to £12. We believe that these fees are fair and you will be automatically charged a £12 fee for any of the following: -

•Missing a payment

 

•Making a late payment

 

•Allowing your balance to go over your credit limit

 

•Your direct debit or cheque payment being returned unpaid.

 

Isn't that why we're here in the first place?

 

Also, no mention of adverse CRA data removal.

[Alphageek]

Received their defence indicating that they dispute the full amount;

 

Capital has refunded all the fees and payment protection insurance (PPI) premiums on a non liability basis.

 

The fees were added in accordance to the credit agreement the claimant signed when he opened his account with Capital One 27 April 2005.

 

Furthermore the PPI was added at the customers request when he called to activate his credit card in May 2005. The PPI was sold using regulated scripts and the customer received the relevant documentation about the PPI and had a 30 day cancellation period.

 

The interest the claimant is requesting is too high, therefore we agreed to refund all the purchase interest on the claimant's account and 8% Statutory interest.

And an AQ that I have to return by the 28th Jan.

[WendyB]

I think the advice would be to wait till you actually receive their cheque, then discontinue the claim. However, if there's a default, you need to keep the claim whole, otherwise you'll find it harder to get the default removed I think. MKAndy and Rory 32 would be good to advise you on this, my own claim was not about default so i'm not too clear on it to be honest. But congrats on what you've done so far, anyway:D

[WendyB]

Computer having a turn

[steven4064]

Wendy is right - you need to keep the claim together if there is a default to be default removed and dn't discontune the claim until the cheque has cleared.

[Alphageek]

Thanks Wendy and Steven.

 

There is no default, but there are [1], [2] and [3] markers against my credit file.

 

A few [1]s from 2005 onwards and then the [1][2][3] escalator from when I stopped making payments to them earlier this year.

 

What now?

[steven4064]

It depends what you want to do. If you want the markers removed you will have to write and tell them that you will not accept their offer unless it includes removal of the markers (I presume this is something you have requested all along - I have not checked back through the thread I'm afraid) and that you intend to carry on with the court case. Send them the cheque back.

 

It's a bit of a gamble but no case of this sort has gone to court yet so while you still have that lever you should be able to get them to comply.

 

HAve you followed this thread?

[Alphageek]

Yes, I had mentioned the incorrect CRA data from the outset. So I will persist.

 

I had not followed MKandy's thread. Will go and have a read of it now.