A flat NO from Capital 1. Any downside in progressing claim to the Ombudsman?

sillyme

After following the processes and using the templates on this site, Capitel 1 has come back with a flat NO to refunding the full amount I have claimed.

Given I calculate my default fees (£12 and higher amounts) to be a significant amount in total (see signature) their offer of £40 is pretty rubbish I think and I'm loath to accept it. In fact, I'm not going to accept it. I think.

So. Is there any downside to progressing this refund claim to the ombudsman for review?

If the Ombudsman sides with Capital 1 (which I hope they don't) can I suffer as a result?
Fines, costs or a dangerous relationship with Capital 1 - given I still have a balance of £1100 on that card?

I'm scared - all my other cards have caved and paid out almost right away!

natweststaffmember

I think you need to re write to them for the full amount. How much are you claiming including the £12(cos that isn't based in case law)?

sillyme

Hi, thanks for your reply.

I have written to them for the full amount (including £12 fees) from the start - as per my sig, it's a total, including interest, of £233.

Using the templates, I wrote and claimed this amount, and sent my list of fees from the calc on here.

They wrote back offering £40 only.

I sent the next template letter. The letter saying I would only accept this in partial settlement, and that I would pursue the full amount, going to court if necessary.

They have written back saying that £40 is their final offer. Their letter states:

"My offer of £40 is still open to you. I won't be increasing this, as it is my final offer.

etc etc

Financial regulations require me to advise you that this is my final response in relation to this matter. However, you now have the option to contact the Financial Ombudsman Service within 6 months from the date of this letter...etc etc....."

They are stating it is their final offer. They aren't going to budge.

So. My only next step seems to be the Ombudsman. But as per my OP, are their any downsides?

natweststaffmember

Not that I am aware of apart from the time it takes for the FOS to deal with claims.

lumar

The only thing you are risking is the £40 they are offering you. I think once FOS gets involved, the offer will increase, but they will try to get rid of you for the smallest amount they can.

sillyme

I see, thank you.

In the past, with MBNA I think, I was able to accept their paltry offer as 'partial settlement', whilst continuing to pursue the entire amount. Capital 1 however, have provided a form I must sign in order to get the £40 which states something like 'I confirm this is in final settlement of my complaint'. Which it bloody well isn't.

So. Ombudsman it is.

How long does it take for them to review, on average? Do you know? Is is like 2 months or 10 months?

dunstonh

9-14 months is the typical length of time complaints are taking at the moment and that assumes neither side appeals.

sillyme

Berluddy hell.

That's not what I was expecting.



Posted forms to Ombudsman about 5 mins ago.

dunstonh

Ironically, its the number of PPI claims they have been getting that has caused the delay. The FOS thought with endowments more or less finished as an issue now, things were going to ease off. Then PPI came along!