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charleyfarley v Cap1 ***WON ***


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Evening everyone,

 

Thanks to the abbey paying me lots of money back, I am now able to visit you here and set about claiming lots more off our good friends at Capital1.

 

I've got all the relevant statements all neatly filed, the spreadsheets are calculated courtesy of the fabulous mindzai so now I'm just off to visit the super dooper new Generator for a couple of Prelims, and we're off and running.

 

Two claims, one visa, one mastercard.total inc CI about £2K, so not too excessive, but it'll keep me busy while there's no football on the box

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Hi Charley!

How are you doing? I see that u are indeed getting busy whilst the footie is not on the box. Wish u all the best with Crap 1.

 

Andy

ANDY VS ABBEY 23rd April 2007 -

 

'Don't get mad, get even'

'Patience is a virture'

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  • 4 weeks later...

so after much delay, I've finally got round to the two prelims............quick confirmation question re the spreadies.

 

I know I can't claim the 8% until the N1 stage, but with CCI, do you include all this interest with the initial schedule of charges?

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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You have to inform Capital One from the start, thast you intend to claim back what they have charged you. So ask for everything in your prelim letter.

 

You can only claim back CCI or the 8% as an alternative. You can't claim both.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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well after much hassle with printers,ink etc................two prelims done and ready to post tomorrow............total value a little over £2.3k;)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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You're on your way charlie - keep us posted

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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  • 3 weeks later...

Well!!

 

Messrs CapOne have been very efficient indeed;) 10 days after my prelims they penned me two letters( one for each account) . Usual standard stuff about the charges, the £20 the £12, and a GOGW refund,with a payment on account for the interest.

 

I've been away for a week, so only received this letter yesterday, but the GOGW was credited to my accounts on the same date as the letter was written, so I must write back to them and say "thank-you- very-much":)

 

It amounts to a refund of about 25% of my total claim,which is more than welcome, but I will be preparing my LBA tonight.;)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Good. . . they do this quite often, hoping you accept the refund in full and leave the rest.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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  • 3 weeks later...

I've been busy with other things, but LBA time has eventually arrived!!!!:)

 

The question is this........the refund GOGW says it's to refund the difference beteween the £20 earlier charge and the £12 now considered "acceptable". With CCI this makes a massive difference to the claim value because these are the oldest charges.........can I just show a refund figure deducted from the total value of my claim, or is this being too cheeky????????;)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Yes, you could do that I would think. Or combine an LBA with a partial acceptance or rejection, I did that with them, still got me nowhere though, have now filed at court. I've just done that with a Natwest also but have also chucked in a bit referring them to para 1.11 of the OFT report "

"May I also direct your attention to paragraph 1.11 of the OFT report of April 2006 “Calculating fair default charges in credit card contracts” which states:-

“The setting of the threshold is a provisional practical measure to move the whole market towards compliance. We are not proposing that default fees should be equivalent to the threshold, and a court will certainly not consider that a default fee is fair just because it is below the threshold.”

Don't think this will make much difference either, but you never know. Lets em know you mean business.

  • Haha 1
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Charleyfarley

 

What Wendy says is bang on.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Thanks for your thoughts guys:)

 

The way I see it is this.........."if you don't ask you don't get", so that's what I'm going to do;)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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  • 3 months later...
  • 2 weeks later...

I know, I know..............I've been idle....well actually, I've been busy doing other things, but a$$ in gear time again, and off we go onc more;)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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right.....you're on! I'll get myself back up to speed this weekend;)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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So CF..... how's it going?:confused:

 

you're only asking because you know I've done eff all:o :o

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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  • 4 weeks later...

Well, after much delay and general idleness, I've finally got my act together again..............updated my two claims, and written the LBA:)

 

 

so battle is joined once more

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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"Once more into the breech", eh

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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two LBA's eventually posted registered post today...which means 14 days and counting by my reckoning;)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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two replies from Cap1............fairly standard stuff......"not going to increase my offer,take it or leave it, 6 months for FSO etc"

 

Wednesday next week is N1 day..............if I can find £200:D

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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  • 2 weeks later...

Hi Charley,

 

Am I right to think you sent a pre lim letter to Cap One and on receipt they then gave you a GOGW credited to your acc. This you keep as it wasn't in full and final settlement. You can then carry on a claim for the difference + charges as in a Bank claim. Can you link me to the pre lim letter you used please.

 

Thanks D

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I used the standard Bank prelim, but amended it for credit cards.........ie "overlimit fees and late payment charges" rather than " bounced cheques and direct debit charges".

 

I've got two cap1 accounts, and they've treated them slightly differently......they offered a GoGW on both accounts, but paid one automatically and ignored the other one.which was odd, but I took it as one of those things

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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