Pohare vs Capital One

[pohare]

Hi

I have charges totalling £794.00 with Capital One and have written to them twice now, step 1 and 2 letters.

 

Capital One then deposited £133.00 into my account with them without telling me of this. I noticed it online. When I queried it, they then sent me out a letter advising that they had reduced the amount of each charge to £12 and refunded the difference. I am now approx £33 in credit on my account with them.

 

I advised them I would not accept this as a final settlement and would be pursuing them for the whole amount and have since received a letter stating that, again, this was their final decision on the matter.

 

What do I do now? As I am in Scotland, I have had a look around to see how I go about pushing ahead with my claim for getting these charges back but I am a bit unsure about the process as it's a credit card; what forms to fill in etc

 

If anyone else has claimed against Capital One in Scotland I would really appreciate your help.

[texel]

write to them giving a time that they have to pay you the balance or you will be happy to see them in court I would suggest seven days you can add that it will increase their costs considerably goint to court. If nothing happened by the seven days file suit right away. You will end winning at least that is what happened to me on every suit I filed with one exception where I won the case by default because the credit card people did not turn up in court. Best of luck let me know if I can be of help.

[pohare]

Hi again Texel

 

Should I just do this through my local sheriff court then? I have had a second letter through from Capital One since I knocked back their first offer. They have repeated that this is their final offer, as a gesture of goodwill. So they already know I intend to take it to court.

 

I suppose I should get over to the court tomorrow and file the papers?

 

Again, thank you

[maroondevo52]

Hi, Pohare.

 

When I claimed against Cap One from Edinburgh Sheriff Court. At the end of my Details of Claim I put......Edinburgh Sheriff Court has jurisdiction as the monies are due to be paid to the persuer in Edinburgh. They paid out in full about 10 days after receiving my Summary Cause Summons.

 

Regards.

 

Scott.

 

[texel]

Ha! Ha! Final offer indeed. Just do what I dId. I just told who ever it was I was dealing with that I was not going to waste any more time and would see them in court gues what? I never had to go to court all settled out of court. I think I only ever had to go in my long time suit against CITI which started in Nov and they messed about anyway lost by default and I am having the sheriff officers deliver an Extract for Payment and if not paid will have the baliffs hit the Dundee office:) let me know if I can be of further help

[pohare]

Hi Scott, thanks for your reply.

 

When you went ahead with your pursuit of Capital One, did you use the N1 form for it? And just added the part about Edi Sheriff Court having jurisdiction at the bottom of the 'claim details'? Or did you do a Summary Cause?

 

Texel, when I spoke to their Customer Relations department, the guy who took my call was Indian and just kept repeating that they had refunded me. Yes, £133.00 not the whole amount I am looking for! I told him then I would be going ahead with court action...he just said ok

[maroondevo52]

Hi, Pohare.

 

I went to the court in Edinburgh, and handed in my Summary Cause,as I could not claim online.(not having a English correspondence address.)

 

Regards.

 

Scott.

 

[pohare]

Well, I went to the Sheriff Court this afternoon and filed my claim against Capital One. I guess I just wait from now on.

 

Thanks again, Scott and Texel. Will update you on how I get on. The woman there said they would contact me soon but it should be a hearing date set some time in September hoping it won't get to that stage!

 

[texel]

It probably will take to Sept. before you get paid these people like to take as long as possible before paying out. You did the right thing. best of luck:D

[maryhillgull]

Pohare

 

Soon you will get your papers back with the return and calling dates. If it's summary cause you'll have to get a Sheriffs officer to serve them for you.

 

Check with the courts 2 days (this is the time the courts allow for post delays etc..) after your return date. If Cap1 have not defended then get your form 11 ready and take it to the court straight away. Then 2-3 weeks from your calling date you will get your extract for payment.

 

If Cap1 do enter a defense then make sure you are ready to attend your prelim hearing don't worry about this as Cap1 probably won't turn up in which case you get your decree!!!!! and extract for payment. You would not believe the number of people who could win just by turning up for the prelim as the banks usually do not show, but because they are not in court the case is dismissed and they don't get their money:(

Cheers

[pohare]

Thanks, Maryhillgull. Will let you know when I get the papers through from the court.

 

Good luck with both of yours too!

 

[stevokenevo]

sorry, just picked up on this thread, if i had picked up on it sooner, i would have advised you to claim in england.

I am at the later stages v crap1 including C.I at 34.9%

see here ~~~> http://www.consumeractiongroup.co.uk/forum/capital-one/85127-mrs-stevokenevo-capital-one.html

[pohare]

Just wanted to come on and let you all know, got a letter from Capital One today in reply to my court summons. Full refund Obviously they have denied that their charges are unfair blah blah but have offered to pay up in full so that I don't have to go to court. Awfully nice of them I thought

 

Thanks everyone for your help. Couldn't have done it without this forum!

 

Will be making a donation of course once my cheque comes through. £1076.00 in total. Checked on my capital one online account today and sure enough, the funds are there pending the cheque they're sending out.

 

So keep on at them, everyone! They WILL give you your money back

[texel]

Congratulations:D knew it would happen:) Now it makes all the hastle worth it:D

[maroondevo52]

CONGRATULATIONS.

 

[pohare]

Well I haven't received my cheque through from Capital One yet

 

I called them up today and asked when they think I might have it? They said 14 working days from the date of the letter they sent. Which was dated 13th August. Which would take me past my return date with the court which is the 30th August.

 

When I called them today and told them this, I also said that I object to them contacting the court ( which they have done) to say they have paid me in full when I still have not received the cheque. The guy I spoke to said the cheque is sent from the UK so I have no idea why it takes so long...I suspect it's deliberate.

 

Anyway, the guy then had the cheek to ask if I had any other credit cards with outstanding balances as I am 'eligible for an interest rate on balance transfers of 2.1% monthly which he said works out at about 28% a year!!!:o I said no thanks. But I had to admire his cheek!

[texel]

If it was me I would tell them that if the money is not in my hands by the the calling date then it will cost because there will be the added costs and I will not cancel the suit until the money is in my hands;)