Capital One

nowretired_2

send them a letter saying that you will accept the payment into your account as part settlement, also say that if they have not refunded the whole of your claim within 14 days you will take action in the County Court for the outstanding balance. If you look on the Consumer ction Group website they have various templates for accepting part settlements.

Beate

kenbear37 wrote: »

My one question though and I think I know the answer - should I wait until I have the cheque before cancelling the MCOL ???

Yep, definitely.

Beate

beckied wrote: »

Hi
I wonder if someone can help me? I have had a letter of the court this morning saying that cap1 have paid up and do i wish to end the claim basically in as many words BUT i still havent recieved my cheque , i recieved the letter of cap1 saying they wasnt admitting liabilty but we will pay you your money in 10 days i got that letter last friday.
What do i do about the court?
Thanks in advance
Beckie

The court gives you 33 days to send back the form saying you want to cancel your claim as bank has paid so wait until you have the cheque safely in your account, before you do anything more. It is cheeky of Crap1 to say they have paid when they haven't yet but trust me, they will pay up! We had exactly the same scenario.

Ashelee

Hi Everyone

Can anyone help answer my tiny question?

I logged a MCOL against Cap 1, it was acknowledge 06/07 and Ive received my Notice that Acknowledgement of Service has been filed.

I understand that they have 28 days from the Date of Service to log a defence however are Capital One actually getting that far?

Ive read that they 'usually' come back saying that they have paid the claimant etc at around 21ish days but is this before they log a defence or after a defense is logged?

Dont want to count my chickens before they hatch, just like to know what time scales I should be looking for!

cheers

Ash

princesskez26

Do they pay by cheque then ? Not credit the account ?

Kez

monica£££

Got all statements today from cap 1 worked out with interest £1430.10 so sent off asking for charges back could anyone tell me if they have had dealings with cap 1 and the outcome

princesskez26

monica£££ wrote: »

Got all statements today from cap 1 worked out with interest £1430.10 so sent off asking for charges back could anyone tell me if they have had dealings with cap 1 and the outcome

Hiya, theres many of us dealing with Capital One at the moment See the thread below, which is the Capital One thread;

http://forums.moneysavingexpert.com/showthread.html?t=424509&highlight=capital+one+reclaiming

Kez

Twinkly

Little update on my situation with Capital One.

My ex and I zeroed the balance on the card when we divorced and he retained it keeping it within the contract and incurring no further fees. We required £650 in previously applied charges refunding and were offered £242 which they paid direct to the acccount despite my insistence that it was in contravention of the Consumer Credit Act 1974 which states:

PART VII
DEFAULT AND TERMINATION
Default Notices
87.—(1) Service of a notice on the debtor or hirer in accordance with section 88 (a "default notice ") is necessary before the creditor or owner can become entitled, by
reason of any breach by the debtor or hirer of a regulated agreement,—
(b)
to demand earlier payment of any sum

Given that the account was not in arrears the Right Of Set Off also did not apply and I required a cheque. They have failed to supply one and I will have to get him to withdraw the money from the account using the credit card. I will do this but have written to them stating that their deliberate avoidance of settling the matter lawfully renders me ineligible for any charges incurring in accessing my refund in this manner. Therefore any cash withdrawal charges applied to the account are void and to be reversed immediately with written confirmation that this action has been taken.

Anyone else in a similair position may wish to state this too. If they blatantly will not comply with rightfully refunding by cheque then any costs incurred by withdrawing from the account are their responsibility also.

Its off to MCOL for the remaining £405 now, just as soon as the ex gives me my half of the refund and his half of the court costs

alancharmed

I requested my charges plus interest roughly£220.00 from capital one. they sent a reply saying they would pay me £88.00. I sent another letter refusing but saying i would accept the £180.0 charges and waiver the interest. They sent me another letter saying they have been advised by the financial regulations that their offer of £88.00 is final. what should i do next?
I read somewhere that if i continue to court it will cost me money and it seems not worth it for the amount i am claiming.
any advice anyone would be appreciated?
Many thanks in advance
Alan

Beate

I recouped £170.03, that included both interest and court costs and I DIT think it was worth it! Cap1 always refer to the FO's decision about £12 per charge, but conveniently forget to mention that this is a recommendation only. Once you file a claim, they will cave in quite easily, especially with a sum like that.