Deekayenwhy Vs Capital One **won**

[deekayenwhy]

Hi,

 

23/04/07 Sent the Data Protection Act letter

14/05/07 Got a reply with all the statements

worked it out £325 worth charges for a credit card which only has a limit of £200.....disgraceful

21/05/007 Premilary letter sent requesting for charges to be refunded, but not sure as i sent the template from the templates it had the spreadsheet with the 8% worked out so that is what i sent with the interest at 8% is that correct? As reading further now was i suppose to send that after the 1st letter? Please let me know.

31/05/07 I have received a reply back from capital one, stating as gesture of goodwill they are refunding me the difference from £20 to £12 as thats the OFT standard or something like that. They said they have already refunded my card, my charges totalled to £325 excluding any interest.

They have offered me £120, i am sending a offer refusal letter stating i require the full amount or else taking them to court.

Can any1 clarify do i put the 8% interest into this figure or do i wait to add that on if it goes to court?confused...........

[ukaviator]

You only add the 8% at the court stage.

 

Uk

[Alphageek]

Although, I think if you want to claim CCI you mention this from the start.

[ukaviator]

Yes you have to claim CCI from the start. If you use 8% thgis is only added at the court stage.

 

Uk

[deekayenwhy]

Received the following letter back from capital one 6/6/07

 

Thank you for writing back to me about my offer to refund £120 of the fees we added. I'm sorry to hear that you feel my offer is unacceptable.

 

As I've already explained, we're confident our fees are both fair and legal and I'm disappointed to hear you're considering court action. The OFT haven't told us that we're obliged to refund any fees, and we've offered refunds as a gesture of goodwill. I'm afraid i won't be refunding all of the fees as you've asked.

 

This offer is still open to you. I won't be increasing this, as it is my final offer. While you're disputing thses 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 ability to gain credit in the furture.

 

Financial regulations require me to advise you that this is my final response in relation to this matter. However, you now have the option to contact the Financial Ombudsman Service within six months from the date of this letter. Their contact details are in our comapliants leaflet, which i included with my last letter.

 

Yours sincerely

 

 

Ellie Renshaw

Executive Office Manager

[deekayenwhy]

What do i do now? Do i put in a claim for the full amount or do i deduct that amount of the final figure which includes contactual interest at 8%? I am unsure how to go about this can any1 please advise me in how to go about this.

 

Did i stand a good chance in getting the full amount before court? plus how do you check if they have defaulted you? is the default missed or late fees only that you can ask for it tto me removed or how does it work i ma confused?

 

Where do i file the court case?

[Payitallback]

I'm not clear whether Capital One are still applying the refund of £8 per charge to your account? I am assuming that they are?

 

If they are then issue a claim as follows: Do a schedule of ALL the charges levied to your account, work out the Statutory Interest on the WHOLE amount.

 

On your Particulars of Claim on the court form N1 state that you have requested a refund of the whole amount but have only received £8 per charge (ie. 20% of your total claim) so you are deducting that figure from your claim, along with 20% of the total Statutory Interest figure.

 

I hope this helps

 

Payitallback

[Payitallback]

You can check if you have a default on your credit files by ordering them from Credit Reports: Get your Credit Report from Experian UK, Online Credit Reports and Credit Reporting from a Leading Credit Agency: Equifax and Credit report information for consumers - Callcredit. Make sure you don't buy one of their expensive subscription services, you should only be paying £2, for a paper copy of your credit file which they will post to you within a few days.

 

Capital One will offer to settle in full within about three weeks of you issuing the claim, it is extremely unlikely to go to court.

 

If you do have a default on your file you must make sure that you specify the need for it to be removed on your claim form, in which case Capital One will HAVE to remove it to avoid going to court.

[deekayenwhy]

Hi,

 

I in process of court action but not sure how it works, ive printed off the form from the pdf file,once filled in do i send it to moneyclaim with a cheque for fees or do i take it to my local court?

[Alphageek]

If you have filled in an N1, you need to take it to your local court. You could mail it recorded with the correct fee enclosed, but I think you're better off attending court. You know your claim is filed that way.

[deekayenwhy]

Hi

 

14/06/07 filed n1 claim form at court against capital one.

 

21/06/07 had a letter from the court stating capital one filed a acknowledgement on the 21/06/07 and have intention of defending the case. They have 28 days from the date of service of claim form with particulars of claim, or of the particulars of claim to file a defence.

 

What do i do now?

[ukaviator]

Hi

 

Just the wait now..Check your account everyday from now on. They normally payout after the Defence part of the process.

 

Uk

[deekayenwhy]

05/07/07 Received a letter from capital one:

 

Dear xxxx

 

I write in connection to the above court claim, which you have issued against Capital One Bank PLC. I have now the oppurtunity to investigate your claim of £279.40.

 

It is denied that these 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 credit limit.

 

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 the claim, in an effort to resolve this matter without the need for a court hearing, I have refunded £279.40 to your account.

 

These refunds are amde purely as a goodwill gesture and we will now defend this claim on the basis that we have refunded the correct amount.

Once the claim is settlled, i must advise you that we may still add fees to your account if you do not keep up to date. We have nw reduced our fees to £12. We believe that these fees are fair and you will be automatically charged this for the following :

 

1) Missing a payment

2) Making a late payment

3) Allowing your balance to go over your credit limit

4) Your direct debit or cheque payment being returned unpaid.

 

This is 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 thses terms, I would respectfully request you consider closing your account when you have paid 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 its your responsibility to inform the court that your claim is settled and avoid wasting any futher valuable court time. We have also written to the court to confirm that we have paid in full.

 

Your Sincerely

 

Graham Daley

Executive Officer

 

Thank you for all your help donation is on its way!!!!!!!!!

[ukaviator]

Well done. . . congratulations . .

 

Uk