My Cap one battle

[sportbeth]

Thought I would start this as I normally just lurk!

 

Sent off for my DPA, got statements, calculated £729 owing (woo-hoo!) and fired off the first letter as per the template. Sent it recorded delivery on the 30th May.

 

No response and today was the last of the 14 days I gave them to respond.

 

Do I just fire in the LBA now without waiting for their response?

[joload]

I am not sure if the 14 days is from when you send it or from the date of the letter? I'd give it a couple more days I think before sending the LBA

 

Good luck

[sportbeth]

Cool - thanks for that. I of course want to read the subtle "nope, you signed up to it therefore we think we are in the right" letter for my own amusement!

 

Will hang on until the weekend and then start typing again to them!

[crusty git]

Send it today, if you delay they a) get the impression that you are not serious and b) keep YOUR money foe longer.

 

Why wait the 14 days are up.

[sportbeth]

Got home tonight from work and I have the following letter:-

 

"Thank you for writing to us about the fees we have added to your account.

 

It's going to take us a little while to look into your situation and come back with a detailed response. We'll do everything we can to get an answer to you within 4 weeks of this letter.

 

If for some reason our investigations take longer than 4 weeks, we'll contact you to tell you why this is.

 

Thank you very much for being patient while we collect the information we need.

 

Yours sincerely,

 

Robery Udy

Executive office manager."

 

So do I just slap the LBA on them?

[Michael Browne]

Yes, send the LBA. Stick to your timetable, not theirs.

[sportbeth]

Odd question.

 

When my capital one account defaulted, I had a balance of £632 in charges.

 

I added up my total charges to claim back to be £729

 

I eventually paid £316 of the £632 in full and final settlement and have documentation to prove that it was in full and final settlement.

 

Cap one have marked the account on my credit file as "partially settled"

 

So. Do I now gun for them at the full whack of the claim at £729 and go for what I can get? Or should I knock £316 off the £729 seeing that they are not recognising the full settlement even though I have it in writing.

 

I am inclined to go for the whole lot and if they have a problem I will pay the extra £316 to "settle" their account, but is this dishonest?

[sportbeth]

Recieved the following letter last night when I got home"

 

Thankyou for taking the time to write to us about the fees we've added to your account. Your letter has been passed to me as I'm the manager of the Executive office and deal with complaints. I understand you think these fees are unlawful and I'm sorry you feel this way.

 

To explain, we automatically added late payment fees if your payment was missed, arrived late or wasn't enough to cover your minimum payment. We also added overlimit fees if your balance went over your agreed credit limit of £200.

 

When we opened your account, on 8 January 2002, we sent you a credit card agreement which state these fees. By signing and returning this to us, you agreed to the terms and conditions for the account.

 

We are aware that due to recent media coverge the Office of Fair Trading (OFT) are investigating the default fees. Our fees are in line with other banks and financial institutions and as you are probably aware, the OFT are not challenging the right of banks to charge default fees, but merely the level of those fees, The OFT have said that they believe that £12 is fair. We disagree with the OFT's analysis and believe that our current fees are both fair and legal. However as a matter of goodwill, I'm prepared to refund £26. This is the difference between our £20 fee and the OFT's recommendation. If you'd like to accept my offer, please sign and return the form I've included.

 

As we didn't recieve regular payments to your account, we passed it on to a debt collection agency for collection. If you accept my offer, I'll confirm with them that your balance will be £70.

 

Yours......."

 

Now I have a letter here from their Debt Collection agency confirming full and final settlement of the account. I have disputed this twice with both the Debt collector and Capital one as athough they have taken this payment and confirmed in writing full and final settlement, they refuse to clear the balance on my Equifax report. I have also disputed it with Equifax who were about as useful as a chocolate fireguard.

 

Do I just go ahead with my claim? Or should I write to Cap one first copying the Settlement letter in case my moneyclaim gets confused.

 

Any help and advice would be most appreciated at this stage.

[callumsgran]

Yes go for it, it may be the only way to get things corrected at CRA. good luck:)

[sportbeth]

So should I correct him on the balance that he says is still with a collection agency though and show him evidence of the settlement? Should I then knock that balance off the full claim or just stick with my original figure and tell him tough luck, you wrote it off and wait for him to correct me?

[callumsgran]

Go for what you say they owe you, you dont want to cock things up when it goes to court, minus what they've repaid:)

[dan-rides-bikes]

id want

 

a) my money back

b) credit report altering to show full facts as fully settled

[sportbeth]

So.....

 

£700 odd quid

- £316 still not showing as settled

= £384.

 

Send him the Full and final settlement letter, correct him on the remaining balance that technically I haven't paid and go for broke on the £384.

 

Plus of course aiming to get the default completely removed or at best showing as settled.

[sportbeth]

Having sent them the LBA clarifying that I had proof of settlement from their representatives (copied them in on this letter) I reduced the amount claimed to take off what had technically been written off but not recognised by their stupid record keeping collections department.

 

Got a letter back at the weekend saying "Blah, blah, we need another 4 weeks, blah blah, etc etc"

 

14 days is up. Shall I proceed with my MCOL stuff? That way I get to pursue for the interest too. YAY!

[sportbeth]

Proceeded anyway. Launched MCOL claim

[sportbeth]

MCOL done

 

Claim number 6QZ49148

 

25/07/2006

 

Total £521.95

 

And to think I was haggling at £368 until that point!

[sportbeth]

I would like some advice on this if anyone has the time

 

Cap one have written to me re my LBA (very late!) stating that they will refund the oustanding balance of £316 that I had agreed had been written off in full and final settlement with a debt collector.

 

I am chasing them for an addition £368 that I had paid them in excess charges over the years. They refuse to recognise that the balance is Zero even though I sent them a copy of the letter from their rep confirming it.

 

I have already added into my letter a very simple explanation that they are in breach of DPA guidelines and OFT regs in allowing this outstanding balance to not be cleared when I have it in writing. And I have said that I will be reporting them to the information commissioner.

 

I filed my MCOL last week and yesterday had not only their feeble letter offering to reduce the balance that legally doesn't exist but in a seperate envelope I recieved the document from the court stating that they wish to defend the claim.

 

In case they try to muddy the waters should I also send to the court copies of my documentation stating that there is not still a balance owed by me to Capital one and a spreadsheet detailing that there is a matter of £600 odd quid oustanding, of which I am claiming £368 + costs? Although I don't think they will actually defend as that would be in danger of setting a legal precedent if they lose, I don't want them to try and tell the court that I owe them money when I have it in writing that I dont.

 

I would of course copy them in on any documentation that I send to the court.

[sportbeth]

Hi,

 

I got my response from Cap one on Friday night offering to cough up the whole lot (I had filed my MCOL so this is their response) however, they are offering to refund the £521 minus £316 that they say is still outstanding on the account!! Now as I had a letter of full and final settlement which I had copied to them, I reduced my claim from the original £600 odd to take into account the balance which they refuse to recognise as being paid.

 

I have already threatened to report them to the OFT and the IC for not recognising a cleared balance, do I fax them today explaining this yet again (it was clear in my previous correspondance of what I was doing and how I was calculating it but this letter has come from Hayley Marriott and not Robert Udy who I had previously corresponded with.

 

If I can point out the bleedin obvious to them today I can get this cleared up once and for all and make my donation to this site! Please help.

 

Do I just threaten to proceed with judgement or just talk to them. Or do I have to do the whole thing again and go back to the original figure?

[sportbeth]

Please?

[sportbeth]

Ignore me, I've found an e-mail address, e-mailed the contact on my letter and they've agreed to full settlement and voiding the balance on the default.

 

Yay! Can the mods please change my title as I don't know how to do it!

 

Cheque will be with me in ten days and 5% will be donated to the site straight away. Many thanks to all for your help

[lknox]

Well done!!

[sportbeth]

Just checked my balance on the new card. I've gone £2 over my limit and they've slapped on a £20 charge. Here we go again!