Received Reply From Cap 1 - Advice Needed Please

[richard74]

Hi I have just recieved a response from Cap 1 ref my LBA and I would like some advice on how to reply to their letter, pithy comments please.

 

I would especially like a suggestions on how to answer Ellie Renshaw's suggestion that "the fees are fair and legal"

 

 

I would be grateful for everyone's help!

 

Regards

Richard

 

 

Here is Cap 1's reply:

 

 

Thank you for writing back to me about my offer to refund £.... of the fees we've added. I'm am 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 dissapointed to hear you're considering court action. The OFT haven't told us we are obliged to refund fees, and we've offered refunds as a gesture of good will. I am afraid I won't be refunding all of the fees as you've asked. I won't be increasing this, as it is my final offer.

 

Financial regulations require me to advise you that this is my final response in relation to this matter.

[PPMAN159]

I would not reply to it-move onto the court stage as they are not prepared to paly ball with you.

[ukaviator]

Standard replies most of us get Richard. Next stage now.

 

Uk

[emma81]

Same goes you could either send the below letter or just go straight for courts, a little advise i read somewhere that people doing MCOL its is taking forever and cases are not being heard for months, my partners mother put a claim in back in March, Lloyds TSB have said they will defend the case isnt being heard by the judge until 14th August so you might wanna go to your local court to file the claim its 10 times quicker!!

 

[iNSERT NAME, ADDRESS AND TELEPHONE NUMBER]

[iNSERT DATE]

[iNSERT NAME AND ADDRESS OF BANK]

Dear Sir or Madam,

Re. Account number: [iNSERT ACCOUNT NUMBER]

I refer to default charges applied to my account amounting to [iNSERT TOTAL OF CHARGES PLUS INTEREST], which I have requested you pay back.

I wrote to you on [iNSERT DATE], making the original request for a payment in settlement of my claim. As I have not heard from you/not received a satisfactory response [DELETE AS APPROPRIATE], I am writing to inform you I intend to claim the full amount claimed together with interest up to the date of judgment and court fees in the proceedings through the county court.

This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the court will rule in my favour.

I have attached a full schedule of the charges and interest with this document. [iNCLUDE THE PRINT OUT OF CHARGES FROM THE CALCULATOR AND BE SURE TO KEEP A COPY FOR YOURSELF]

 

I look forward to a full response to this letter within 14 days, otherwise I will commence court proceedings to reclaim my money.

Yours faithfully,

[YOUR SIGNATURE]

[YOUR NAME (PRINTED)]

[bigjohnk]

I got exactly the same letter from Ms Renshaw after I rejected their first offer, & the same thing arrived today after I sent my LBA.

 

As ukaviator said, standard replies.....next stage now....get your LBA sent & stick to YOUR timetable not theirs!!

 

BJK

[richard74]

Hi I am about to start my court claim against Cap 1, what I am looking for is help with charging the right amount of interest on my claim.

 

I want to charge compound interest on my claim, but after looking at all the posts on this subject I am more confused than ever how to do this.

 

As well as a donation to the CAG when my claim is complete, if anybody who has experience with this would be kind enough to work out the compound interest for my claim, I would be most grateful and prepared to pay someone a small fee for there time, if this is ok with the CAG forum.

 

Anyone who has any thoughts please feel free to post, and anyone who can assist me with the compound interest, please PM and I can let you have the details.

 

Kind Regards

Richard

[Fat.Controller]

Hi Richard

 

If you go to the templates library (link below)

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

click on Vamps spreadsheets (you will need a google account if you don't already have one but its free and easy to set up).

 

Use spreadsheet No.13 for CCI and you can use 34.9% which is Cap One's current published rate. The spreadsheet is self explanatory.

 

CCI is more difficult to justify since the recent High Court ruling and I wouldn't be suprised if you didn't get it, but its still worth having a go.

 

Hope this helps!

 

FC