14 or 40 days?

lush1

Sent my letter to capital one asking for credit card charges to be refunded on 23rd march......no reply in 14 days......sent second letter threatening court action giving them 14 days to reply.....that was a week ago still no reply by post although capital one did ring me and said that they have 40 days to reply......just wondering what to do next as 14 days up this friday....should i file with mcol or wait the 40 days?

natweststaffmember

lush1 wrote: »

Sent my letter to capital one asking for credit card charges to be refunded on 23rd march......no reply in 14 days......sent second letter threatening court action giving them 14 days to reply.....that was a week ago still no reply by post although capital one did ring me and said that they have 40 days to reply......just wondering what to do next as 14 days up this friday....should i file with mcol or wait the 40 days?

Which address did you send the letter to and was it recorded delivery?

BigCraigJohn

I think Capital one have ran out of paper, there phones still work fine though:D

ps i'm not saying ring them, just that they are very poor at responding to letters in my experience but love to harass on the phone.

lush1

trent house nottingham and yes both letters sent recorded delivery......also if i follow my threats and file with mcol on friday......should i use the address on back of statements which is a p.o box number?

natweststaffmember

lush1 wrote: »

trent house nottingham and yes both letters sent recorded delivery......also if i follow my threats and file with mcol on friday......should i use the address on back of statements which is a p.o box number?

CAPITAL ONE BANK (EUROPE) PLC
350 EUSTON ROAD
LONDON
NW1 3JJ The above is the registered address.

Savermidget

Any complaint has to be responded to within 8 weeks. Most banks that I have dealt with send updates every 4 weeks if they cannot provide you with a final response. After these 8 weeks then you are entitled to go to the Ombudsman.

Personally, I wouldn't file at court after only 14 days and I'd allow the bank their 8 weeks first. If you get no response after this time then go to the FOS. It costs the bank for every complaint received by the FOS as well I believe.

Only if the FOS couldn't resolve the problem would I then consider court if I had a good case together.

Is the money that you are claiming back worth filing at court so quickly for when with a little patience (I know the waiting is annoying), you could resolve the complaint with the cost of a few stamps?

I know it's hard waiting ages for the banks' response and most of them don't like to rush but if it does end up in court then maybe they would look more favourably if each side is given a fair amount of time to respond to the other?

natweststaffmember

Savermidget wrote: »

Any complaint has to be responded to within 8 weeks. Most banks that I have dealt with send updates every 4 weeks if they cannot provide you with a final response. After these 8 weeks then you are entitled to go to the Ombudsman.

Personally, I wouldn't file at court after only 14 days and I'd allow the bank their 8 weeks first. If you get no response after this time then go to the FOS. It costs the bank for every complaint received by the FOS as well I believe.

Only if the FOS couldn't resolve the problem would I then consider court if I had a good case together.

Is the money that you are claiming back worth filing at court so quickly for when with a little patience (I know the waiting is annoying), you could resolve the complaint with the cost of a few stamps?

I know it's hard waiting ages for the banks' response and most of them don't like to rush but if it does end up in court then maybe they would look more favourably if each side is given a fair amount of time to respond to the other?

Giving 14 days to resolve the issue is sufficient before taking legal action, ie send a letter before action and then sue them. The court would accept that a letter before action with 14 days is sufficient and would not favour either person on that basis.

dunstonh

Giving 14 days to resolve the issue is sufficient before taking legal action, ie send a letter before action and then sue them. The court would accept that a letter before action with 14 days is sufficient and would not favour either person on that basis.

Although if the wrong address was used then waiting a week longer is probably sensible.

natweststaffmember

dunstonh wrote: »

Although if the wrong address was used then waiting a week longer is probably sensible.

The address they have is one that is a Capital One address so the OP can file at court but I would always suggest using the registered head office address to file a claim since a default judgement could be overturned on the basis of where it was filed.
Would you expect at least an acknowledgement within 14 days? I would considering it was sent recorded delivery and was signed for.

dunstonh

Would you expect at least an acknowledgement within 14 days? I would considering it was sent recorded delivery and was signed for.

An acknowledgement yes. However, if it was the wrong address and not initially recognised as a complaint and has to be sent to another address and we had the bank holiday weekend as well then its possible that only now is it being looked at. A phone call to their complaints department should be able to verify that. They are stretching it but anything the OP does to show that he has done as much as he can in trying to get them to deal with it can only work in his favour when he comes to put his case to the court.

natweststaffmember

dunstonh wrote: »

An acknowledgement yes. However, if it was the wrong address and not initially recognised as a complaint and has to be sent to another address and we had the bank holiday weekend as well then its possible that only now is it being looked at. A phone call to their complaints department should be able to verify that. They are stretching it but anything the OP does to show that he has done as much as he can in trying to get them to deal with it can only work in his favour when he comes to put his case to the court.

It's 4 weeks now. How long does it take internal post to get from Department 1 to department 2? That should take less than a week. Granted, a bank holiday but almost 20 working days to even acknowledge it? He does not get credit from the court for waiting for a response from the bank. He gets credit for giving the information that he has given them a reasonable amount of time to respond, ie 14 days regardless of which office he sent it to. Are you saying that one office is more incompetent than another? Dunstonh, the OP has the right to sue them and would not be disadvantaged because they did not respond to the letter. If you ignore a letter from someone saying they will sue you, does that mean that the court will favour ignorance? For example, shoe on the other foot, the OP ignores the letter before action from Capital One and they sue him. Will the court favour him because he did not respond within 8 weeks which they reciprocally have prior to a case going to the FOS? I think not.