griff vs capital one

[manu24]

hey people...

 

ok i was wondering if someone could help me out here...

i've sent the letter before action away about 14 days ago...and i have had no reply, at all. i was wondering if anyone had a contact number i should call to request the money, or if i should at all...should i just send the next letter?

heres a copy of the last letter i sent... please help?

 

Katherine Blunt

Capital One Bank

Legal Dept

4th Floor

Loxley House

Station Street

Nottingham

NG2 3HX

 

16/05/2007

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

CARD/ACCOUNT NUMBER: xxxxxxxxxxxxxxxxxxx

I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £1,092.00 plus £296.16 which you have charged me in interest for the sums which you have taken. Total £1,388.16

Additionally, you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you, or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

 

Yours faithfully,

 

 

 

[chorlton1]

I would call the ordinary customer services number if you want to speak to them - they may give you the run around but if you say you are just about to file your claim that will make them put you through to the right people.

 

Good luck!

[manu24]

ok so i just called them...

the guy told me they had sent me a letter on the 25th offering me compensation of £408...which is about 25%...i told him i didn't recieve the letter...and to re-issue please...and that i wont be accepting the offer. i then told i will be filing a claim against them today. was this the right thing to do...?? should i send them a letter now rejecting the offer...and a claim?

[Noddy73]

If you have followed the process, then go to the next step (filing). Write them a letter stating the key facts of your telephone call.

[manu24]

thankyou for the replies chorlton and noddy, really...i was feeling a bit dejected today, kinda thinkin i'd done something wrong...but after that call i can't wait to send the next letter away.

 

just to check noddy? should i send to letters...one comfirming the telephone call and then the filing letter?

[manu24]

ok...so i recieved a letter..an offer from capital one...the one i turned down on the phone...it goes something like this...

 

dear mr "me"

thank you for writing to us about the fees we've added to your account. I understand you'd like us to refund the fees we've charged, as you don't believe they reflect our costs. I'm sorry you feel we've treated you unfairly.

 

to explain, we automatically add late payment fees if your payment is missed, arrives late or isn't enough to cover your minimum payment. We'll add overlimit fees if you balance goies over agreed credit limit, which is £xxx.

 

When we opening your account in july 2002, we sent you a credit card agreement which clearly explained these fees. by signing and returning this to us, you agreed to the terms and conditions for the account including the fees.

 

As you're probably aware the office of fair trading has challenged the level of bank default fees. although we feel £20 is a just fee, we've reduced our fees to £12 so that we're in line with our competitors. I appreciate that you've incurred previous charges at the higher rate, and would to address this.

 

i've reviewed your account and, as a gesture of goodwill, i'd like to offer to reduce the fees we've charged to £12 each. This amount totals £408. if you'd like to accept this offer, please sign and return the settlement form i've included. once i get it back i'll add these refunds to you account.

 

to avoid more fees, you neeed to make sure we receive your monthly payments on time. on you statement, you'll find your payment due date and a date we recomment you make your payments by, also you need to make sure your balance doesn't go over your credit limit...

 

while you're disputing these fees, it is important that you maintain payments as your account balance consists of transactions that you have made. failure to do this may result in negative information being recorded on your credit file, which may affect your abilit to gain credit in the future.

 

i hope i've explained things clearly, but if you do have any other questions, please write to me again. you'll find mey address in the leaflet i've included, which also explains our complaints procedure. if i dont hear from you with four weeks, i'll consider this matter closed.

 

once again, i'm sorry to hear you feel we've treated you unfairly, and i hope we are able to put this behind us and move forward from here.

 

 

 

 

 

 

 

ok...so i was wondering to..considering i dont have an account with them anymore...when they say add the amount to your account? do they mean send me a check? also i was wondering even though on the fone i said i'm rejecting this and will be filing a court order...could i now write back saying...i would like to accept this as part of a ful payment?? thanks again let me no people?!!?!?!?

ryan

[Camdenite]

Did you also get a Complaint Settlement Form to sign with the letter you outlined above? My case is very much the same as yours (although I still have the account open), and I received the same letter the day after filing my N1. My understanding of the form is that by agreeing to the part payment, you are in effect acknowleding that as "full and final settlement in regard to the matter".

 

Like me you rejected over the phone when told of the partial offer. I don't think you can accept the partial offer "without prejudice" unless it is actually deposited in your account. Irrelevant in your case, I guess.

 

If I was you I would proceed with the N1 or MCOL. Someone may correct me, but I don't think it's neccessary to respond to their partial offer once you have gone to the next step, filing a claim.

[manu24]

i did...that this would close the complaint...yes. so i suppose it never thought of it that way...i just didn't see the words full and final agreement...thankyou for getting me to check that. im going to fill in the n1 form and that tomorrow. wanted to check something over the weekend there...i was wondering...the cost for filing the claim is 120 for...at the moment im unemployed and looking for work...do i still have to pay for it? and do you have to pay it when filing the claim? sorry to nag....thankyou again for getting back to me...on both the abbey and this one camdenite

[chain chick]

If you are unemployed you do not have to pay (from what I have read on other threads)

[manu24]

ok ok ok...again people thankyou for the feed back...again im kinda lost...not like the show...just generally. am...the n1 form...do i send that to just the court? capital one aswell...and if so to what address with capital one?

[Camdenite]

You should make three copies of the N1 (four if you want to keep one on file, until the case is acknowledged) and give to the court.Capital One address is the Trent House, Nottingham one.

[Noddy73]

Remember to include the Account T&C or CCA.

[Carl Stevens]

Ive also had a similar letter, do you just acknowledge the partial offer and carry on with case or are they within their rights just to refund the difference I have got to do a letter before action though first.

[Noddy73]

If your claiming CCI then you must refuse it. Otherwise it is upto you.

[manu24]

Remember to include the Account T&C or CCA.

 

 

ok...my account with them is closed...where do i get the t&c or cca? or even...what should i all send...sorry im pretty lost!?

 

and you said three one to cap one to the bank...and to keep a fourth for meself...who;s the third for then?!?!?!?! arrrrgh welcome to lost town population me! hehe

[Noddy73]

Do you have your Consumer Credit Agreement? If not goto the Cap One website and download the standard one. I would suggest you also send them a letter requesting it. You may need this if it goes to Court.

 

Remember to include a Schedule of Charges with your N1.

 

I am guessing your file a N1. Print out four copies. Keep one at home. Take the other three to the court, pay the fee and your done.

[Carl Stevens]

want happens if you have got an active account and they say they are going to pay it into there. do you tell them not to and continue with the claim for the whole amount with the interest.

[manu24]

keep one and hand the rest into the court...so do i send an n1 form to capital one...at the nottingham address...so that would be one kept here for me...two for the court and one for capital one...jeepers i feel sooo dense! THANKYOU FOR YOUR PATIENCE PEOPLE!

[manu24]

oooh and were it says "Interest under s.69 County Courts Act 1984 £xxx.xx"....how do you work out this figure?...? sorry again!

 

or would this not apply to me considering my account is not longer open with them?

[manu24]

can anyone help?

[Camdenite]

Hi Manu24. What spreadsheet have you used to list your charges? There should have been an interest column for Statutory Interest at 8% APR(assuming that's what you are claiming and not Compounded, Contractual Interest?).

 

All you need to do is put that figure in.

 

You need to print 3 x sets of paperwork and hand them all in to the court.

[manu24]

ok ok...right things may have taken a turn here...i haven't done anything for a while, because i've been away and didn't want to file anything to miss something...is it ok now just to send them straight on in. and posting them...who should i address them to in the court...and should i write them a letter before hand saying what the forms are for#?