capital one mcol settelement question- help please!

mojo-jojo_2

I hope someone can advise me,

I issued a MCOL against capital one for credit card charges for £338 plus interest plus £35 court fee – total £493.
I received a letter from cap one saying without accepting liability blah blah blah they have refunded the full amount claimed to my account and will defend on the basis that they have settled in full and can I inform the court that they have done so.

I have a couple of questions:

1) I have not received statements from cap one since I started my DMP 3.5 years ago, so how do I know that they have paid the money to my account? Is it right that they should expect me to inform the court that they have settled when I have no proof that they have done so?

2) I am suffering financial hardship and had to borrow the £35 court fee, would it be reasonable to write to them asking for payment by cheque so that firstly I would have prroof that they have settled and therefore I could happily inform the court and discontinue the claim, and also return the money borrowed for the court fee!!

I am sure I read a thread on here where someone was in a similar situation and they had rang the court and been advised not to discontinue the claim until they had proof of settlement (I think), but I can’t fine the thread anywhere ARGGHHH!!! Any advise please??? I am tearing me hair out

mjjj

natweststaffmember

I would ask them to send you proof of settlement and furthermore, since you have incurred £35.00 filing fee then that requires settlement.

mojo-jojo_2

Hi,
I have written them a letter saying that as I have no proof that they have refunded the money then I will not discontinue my claim. If they would like to send me a cheque than I will happily inform the court that the matter is settled to my satisfaction and the claim will be discontinued. Furthermore, under no circumstances did I authorise them to pay the £35 court fee to my credit card account.

I suupose all they can do is say no?

mjjj

natweststaffmember

mojo-jojo wrote: »

Hi,
I have written them a letter saying that as I have no proof that they have refunded the money then I will not discontinue my claim. If they would like to send me a cheque than I will happily inform the court that the matter is settled to my satisfaction and the claim will be discontinued. Furthermore, under no circumstances did I authorise them to pay the £35 court fee to my credit card account.

I suupose all they can do is say no?

mjjj

Did they say they had refunded the court fee as well to the credit card? I assumed they hadn't and had only refunded the charges they had taken rather than court fees as well.

mojo-jojo_2

Hi,
the charges totalled £338, then interest was £120.16, court fee of £35 totalled £493.16.

They have informed me that they have paid the total amount of £493.26 to my credit card account. Should they do this? I definately did not authorise them to pay the £35 court fee towards my account.

mjjj

natweststaffmember

mojo-jojo wrote: »

Hi,
the charges totalled £338, then interest was £120.16, court fee of £35 totalled £493.16.

They have informed me that they have paid the total amount of £493.26 to my credit card account. Should they do this? I definately did not authorise them to pay the £35 court fee towards my account.

mjjj

I don't think they should have but if they have then unfortunately the claim is settled but does it clear all outstanding monies owed to them?

mojo-jojo_2

Hi,
no I will still have a balance of approx £3000 owed to them (I don't know exactly as I no longer receive statements from them, but that is the figure from my CCCS statement). I have already sent them a letter stating I will not discontinue the claim as I have no proof that they have refunded the money. Will just wait an see what their reply is......probably another 'get lost' letter, but hey it was only the price of a stamp and worth a try!

mjjj