14 or 40 days?

dunstonh

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?

Not trying to justify it but remember as lot of these companies have a 10 day service standard before they even look at paperwork. If they look at it then find its in the wrong place, then it may be another 10 days before someone else looks at it.

He does not get credit from the court for waiting for a response from the bank.

When I made a small claims court application some years back the notes said you should do everything you can to resolve it before going to court and you should record your attempts to get it resolved. If the judge sees one party going out of their way and the other doing nothing then it could have an impact.

Are you saying that one office is more incompetent than another?

Yes. This happens all the time.

lush1

ok 14 days up 2moro from 2nd letter.....however recieved a reply from cap 1 today with regard to my first letter, basically saying £12 fees not reclaimable ( no mention of the £300 worth of £20 fees pre 2006) blah blah blah......also included a leaflet in which they state they respond within 5 days to letters ( mine took 27) they aim to resolve complaint withtin 4 weeks and after 8 weeks will recieve final response. Question.....do i have to wait for a final response before going to court? i am aware this is the procedure for FOS route. Should i start court proceedings 2moro as i threatened. Thanks for input

natweststaffmember

lush1 wrote: »

ok 14 days up 2moro from 2nd letter.....however recieved a reply from cap 1 today with regard to my first letter, basically saying £12 fees not reclaimable ( no mention of the £300 worth of £20 fees pre 2006) blah blah blah......also included a leaflet in which they state they respond within 5 days to letters ( mine took 27) they aim to resolve complaint withtin 4 weeks and after 8 weeks will recieve final response. Question.....do i have to wait for a final response before going to court? i am aware this is the procedure for FOS route. Should i start court proceedings 2moro as i threatened. Thanks for input

Why not pre 2006 and can I ask if you used the wrong letter to Cap One ie the bank charges one rather than the credit card charges one?

lush1

no i used the credit card letters......and along with them posted sheets listing all charges from 2004 to current so there were some £20 fees as well as £12 fees on there......but there letter states ' thanks you fr your letter dated 26th march regarding £12 default sums added to your account. I have reveiwed your account and considered the merits of your complaint the OFT has not challenged the right of banks to charge default sums. Following the the oft;s report Cap 1 in line with other banks reduced the level of default sums to £12 each in sept 2006. I acn see these sums have been correctly applied to your accoubt we believe these charges are both fair and lawful and as a result no refund is due.
Again if i file with mcol 2 moro do i need to have had a final response from cap 1 or just go ahead?

natweststaffmember

lush1 wrote: »

no i used the credit card letters......and along with them posted sheets listing all charges from 2004 to current so there were some £20 fees as well as £12 fees on there......but there letter states ' thanks you fr your letter dated 26th march regarding £12 default sums added to your account. I have reveiwed your account and considered the merits of your complaint the OFT has not challenged the right of banks to charge default sums. Following the the oft;s report Cap 1 in line with other banks reduced the level of default sums to £12 each in sept 2006. I acn see these sums have been correctly applied to your accoubt we believe these charges are both fair and lawful and as a result no refund is due.
Again if i file with mcol 2 moro do i need to have had a final response from cap 1 or just go ahead?

No, but I would remind them of OFT842
http://www.oft.gov.uk/shared_oft/reports/financial_products/oft842.pdf

part 1.14 states this:

"1.14 It must be stressed that this is a statement of our position and reflects the exercise of our discretion as an enforcement agency. Only a court can decide finally whether a term is unfair, or at what level default charges should be set to meet the requirements of the UTCCRs. It should be kept in mind that other enforcers may apply for injunctions under the UTCCRs and that the UTCCRs may be relied upon by consumers in private claims"