twinkletoes v capital one

[twinkletoes]

Hi, I joined the site a while ago now, but haven't been in a position financially to start my claims until now - but at least that's given me plenty of time to look at the site and figure out what I'm doing! (it's also given me time to get more and more angry about just how much of my total 'debt' is actually made up of these unlawful charges-currently more than half-but that's another story)

 

I did a dpa request last month and was sent all my statements (no admission of any manual intervention) and worked out the charges totalled £939.

 

I was defaulted on this account at the end of december for the total of £963 and had been making token payments to capital ones inhouse debt collectors, debitas legal services, with the intention of increasing my payments when my income rose last month, but I wrote to them in April to dispute the balance, after finding this site - currently £899.

 

I sent my prelim letter to capital one yesterday, which included asking them to remove the default, and just checking the royal mail website I can see it's been delivered today, so the clocks ticking!

[Bookworm]

(delayed, if you've been here a while! lol)

 

Keep us posted!

 

.

[twinkletoes]

Thankyou Bookworm, You've made me smile with that!

I will keep you all up to date

[twinkletoes]

Hi, thought I'd give you an update.

 

The deadline for capital one to reply to my pre-lim came and went yesterday, but this morning I received a letter telling me it's going to take them a 'little while' to look into the situation and they'll try to get an answer to me within four weeks.

 

Me thinks they can't cope with the work load! Ha Ha Ha!

 

Doesn't matter to me - I'm sending my LBA off tomorrow.

[spikeyboy]

Totally agree - just because they are busy should not stop you sticking to your time scale - im sure they wouldnt allow you extra time (or didnt) if they were chasing you for money.

[twinkletoes]

Totally agree - just because they are busy should not stop you sticking to your time scale - im sure they wouldnt allow you extra time (or didnt) if they were chasing you for money.

 

Exactly - they think it's one rule for them and another for everyone else! Just because they're a big company they think they can pick on people who are smaller than them. Well I've got news for them - bigger doesn't always mean better!

 

I took my LBA to the post office this morning but the collection had already been made for today (a downside to living in the middle of nowhere), so it wont be sent until monday, but at least I know it's on its way.

[twinkletoes]

OK, I haven't updated in a while, so here goes:

I sent my LBA on 4rd July, and it was received by Cap One on 5th July, so the deadline for them to reply is today.

 

However,I received a letter from them the day after I posted My LBA offering me £274. The difference between what they say they've charged and the £12 the OFT has suggested.

 

Anyway, here's the thing - They say they've only added £706 - a huge difference to what I say they've charged. I've gone through all my statements again, checking to make sure none of the statements are duplicates etc but I still come out with £939. I asked my friend and my sister to check and they get the same amount as me, so I'm amazed that someone who works for a bank can't even add up! Actually, you know what, I'm not surprised at all, I don't know why I typed that! I sent them a schedule of charges with both my previous letters so they even had that to check against.

 

Do you think this is just a new tactic they're using to try and confuse people?

 

I typed a letter to refuse their offer and remind tham of the today's deadline but the stupid thing that I am put it in one of my handbags to post the following day but I must have changed my mind about what handbag to use and forgotten about it because I've just found it this morning when I put my purse in after getting on the bus to work Aaaaaarrrrrgggggghhhhh!

 

I've posted it today, and called home to see if there's any post for me but there isn't so Cap One have missed the LBA deadline, but do you think I should give them a few extra days to receive my letter declining their offer? If, in the unlikely event that my case goes to court, will it make me look slightly better to have given them a few days to respond to my decline? I suppose as far as Cap One are concerned they don't know if I'm going to accept their offer or not so until they do, they don't know what their next step is?

 

TT

[clayts]

Nah, stuff them - they aren't likely to increase the offer to 100% so I personally would just proceed straight to Moneyclaim.

[allyb]

Hi

 

I am at exactly the same stage as you, Cap 1 has charged me £310 and £378 on my 2 cards and have offered me the difference between the full amount and the £12 charge.

 

Not sure what to do next - do you know if we go ahead and make a claim to small claims court. This stage worries me......

[spikeyboy]

If you have just sent the prelim letter, then now send the LBA stating that you accept their offer as partial payment to the full amount, also ask them to give details of the costs they incure to show that the fees they have been charging are fair.

 

Then give them 14 days (doubt you will hear anything) then go money claim.

 

If you have already sent the LBA and 14 dayes are up then go to money claim now

[clayts]

Given the stage you're at, I personally would reject the offer and advise them you are pursuing the full amount through the court - they've had 28 days already, which is more than generous.

[clayts]

Spooky - similar advice at the same time : sounds like it must be right ! Just to make it clear I was answering allyb's query

[allyb]

Thanks for the advice.

 

Have completed the moneyclaim form online.....fingers crossed.

 

I will start my own thread to keep other Capital 1 victims posted

 

Ally