Capital One

penguin83

Has anyone had Capital One settle before court. Ideally I want to avoid this if I can as I work at the courts and would have a nightmare trying to find a local court where I didnt know any of the judges. However im not going to give up if they are unlikely to settle i'll find somewhere!

LozBingley

Wiggynut wrote: »

LozBingley
Once you've started with the court claim you can copy this letter
<A href="http://forums.moneysavingexpert.com/showpost.html?p=5711043&postcount=1123&quot; target=_blank>http://forums.moneysavingexpert.com/showpost.html?p=5711043&postcount=1123


Hi
I was just wondering that you say 'once you've started with the court claim' and your letter adds a self litigation fee.. but if you have already filed the details and amounts with the court isn't too late to add the self lit fee onto it?? I would have thought that the mycol part is 'fixed in stone' and that the amount can't be changed??

I've just started the Cap One on Mycol.

I was thinking of sending a copy of your letter for my RBS credit card claim and adding this self lit fee to it - I'm too skint this month and will have to wait until pay day in two weeks to start but could use the time to send another LBA with this fee added or do you think that adding the self lit fee on mycol claim would be 'thrown out' so to speak???

As you can see I really don't know much about court stuff and wish I had years ago when a landlord ripped me off for £2,500! and the mold in the room gave me tonsilitis for 2.5 years! :mad: been a sicky person since!

Good luck with your claim :beer:

No its not to late - it would be awarded to you when you win at court so even if you've never mentioned it before you can mention it now Also it is not added to your claim at the start nor is it included in your figure when you enter your claim at MCOL or local court. You don't even have to tell them about it till you start. Its all about making them pay when they realise its going to cost them more to settle

I added the fee but never expected to get it paid - it was just to get the offer upped from the poxy amount they were offering LOL. I've added it to all my claims to see if I can get things moving

You don't need to resend your LBA - just start the action then tell them they will now have to pay it!

LozBingley

penguin83 wrote: »

Has anyone had Capital One settle before court. Ideally I want to avoid this if I can as I work at the courts and would have a nightmare trying to find a local court where I didnt know any of the judges. However im not going to give up if they are unlikely to settle i'll find somewhere!

yes but I had to start court proceedings - do it on-line then follow my links - all over the CapOn forum here to my letter - my case had not got to local court stage before I got them to give me 100% of claim plus interest plus court fees back

ripski

penguin83 wrote: »

Has anyone had Capital One settle before court. Ideally I want to avoid this if I can as I work at the courts and would have a nightmare trying to find a local court where I didnt know any of the judges. However im not going to give up if they are unlikely to settle i'll find somewhere!

Most banks and CC do not get as far as court I was in the same position

When it became obviuos that Nat West were hanging on I rang MCOL and asked them to put a note on file not to allocate to my local court. I suggested one 40 miles away as I was fairly confident that I would not have to go and I did not

jont80

I had 2 accounts with capital one.Account 1 which is closed and paid off and account 2 which is still open and being used at present.Im claiming my charges back off both these accounts but could only afford to put one MCOL at a time.So i put a money claim in on the closed account and left the open account to go thro the system until i could afford to put a MCOL in on that as well which i havent done yet.Capital one then settled my account BUT THEY SETTLED ACCOUNT 2 INSTEAD OF ACCOUNT 1.And the courts have sent me a settlement form to sign and send back with ACCOUNT 2 account number on.When i claimed i put account 1 account number on the claim.Now some clerical error has been made somewhere cause they have settled for more than they should have???????? So should i just settle this then put another money claim in for my first account??? or should i let this one ride since they settled an account without a MCOL by mistake. HELP please im abit cofused thank you!

LozBingley

jont80 wrote: »

I had 2 accounts with capital one.Account 1 which is closed and paid off and account 2 which is still open and being used at present.Im claiming my charges back off both these accounts but could only afford to put one MCOL at a time.So i put a money claim in on the closed account and left the open account to go thro the system until i could afford to put a MCOL in on that as well which i havent done yet.Capital one then settled my account BUT THEY SETTLED ACCOUNT 2 INSTEAD OF ACCOUNT 1.And the courts have sent me a settlement form to sign and send back with ACCOUNT 2 account number on.When i claimed i put account 1 account number on the claim.Now some clerical error has been made somewhere cause they have settled for more than they should have???????? So should i just settle this then put another money claim in for my first account??? or should i let this one ride since they settled an account without a MCOL by mistake. HELP please im abit cofused thank you!

You could have entered it into MCOL as 1 claim as its against the same company but splitting it is just as good

Capital On have settled the wrong account, your claim against the other account still stands! You should not need to start again or pay anything more. Contact MCOL - email address is on their site - and inform them that the claim has not been settled as they have settle the account you have not taken to them - hope that makes sense!

Also write to Capital One and tell them they have got it wrong and that the claim at MCOL still stands against the other account

jont80

thank you for clearing that up :T :beer:

Twinkly

k1mmie wrote: »

How about online? Canyou access your details?

Thanks for the suggestion but no, he doesnt have the facility (computer & internet) and so never registered for it. He has the most recent statement so we know the part refund had been paid to the account. The problem is accessing the money, which was going to pay for MCOL on friday.

He rang and didnt get into any discussion with the woman over the phone about the refund as anything pertaining to that has to be done in writing. Its me dealing with it and frankly, he wouldnt know what to say if it got snarky. All he has done is explain the card doesnt work and so they are issuing a new pin number. :rolleyes:

It wont make any difference to the claim but I will send a letter advising that we are aware of the methods employed to attempt to retain the refund. It willl at least form part of the communication documentation if it reaches a hearing to show court what utter twits they are.

Its all a game really isnt it.

Twinkly

penguin83 wrote: »

Hi all.

Ive just sent off for my statements from Capital One with a postal order. Not sure what my charges will amount to.

How long does it usually take them to send the statements?

Good Luck everyone whose claims are still ongoing.

I wrote for ours on the 5th March and received a letter listing the charges on the 16th March. I wasnt convinced it was complete so requested that my SAR be fulfilled and all details sent. I received those on the 13th April. I could have gone off the letter I received though as all the charges were included on that when I checked against the statements.

It took me 11 days to receive the letter and 39 days (from the date of 1st request) get the statement details.

Good luck with your claim. You should get your details and a part refund quite promptly. It seems to be standard to issue the difference between £12 and the charge upon request but withold any further refund unless pushed.

As you can see from the thread they can be difficult and irritating but will pay up in full eventually. Patience is a must and you may have file at MCOL to get the rest. Good luck

princesskez26

princesskez26 wrote: »

So can someone explain this 21 day thing to me about them paying up after 21 days. I've received no part payment or anything from them I filed MCOL on 11th Jully so is it 21 days from then they should pay me ? And are Cap One paying cq not crediting the account ?

Thank yoooouuu

Kez

Anyone of you lovely people know.................... ? :j

Kez