Capital One

TANZARELLI

Degs45 wrote: »

what happens after this acknowledgement , is it wait and see ?

They then have 14 days to enter a defence or pay out on the claim. This runs from the date on the Acknowledgement of Service.

TANZARELLI

ripski wrote: »

I received judgement against Cap One I eventually got a polite and helpful staff member by phone, Monday 6thAugust, who said that I will get a full settlement and a cheque which usually takes 7 - 14 days to arrive (They never take that long to take money out)
Thursday 9th August- Letter received on 10th August full of apologies saying they will be sending a cheque and on reciept of thisl etter will I notify the Court that they have paid
I had no,intention of doing this until cheque received
However tomorrow Wednesday 22nd is the 10th working day and still no cheque
I shall try and phone -not hopeful of response but I am tempted to ask for a warrant
Advice please

Wait until cheque arrives and is cleared in you account before notifying the courts.

TANZARELLI

TANZARELLI wrote: »

All claims issued via MCOL will be automatically stayed once a defence has been lodged.

If no defence is filed you can still go for judgment by default.

http://news.bbc.co.uk/1/hi/business/6955437.stm

Degs45

TANZARELLI wrote: »

They then have 14 days to enter a defence or pay out on the claim. This runs from the date on the Acknowledgement of Service.

Just had a letter delivered stating they are going to pay up the ful amount with interest and all my fees ...you will get the money within 14 days and can I PLEASE cancel the court action . They have enterd a defence on the MCOL aswell ...:D

Wiggynut

Degs45 wrote: »

Just had a letter delivered stating they are going to pay up the ful amount with interest and all my fees ...you will get the money within 14 days and can I PLEASE cancel the court action . They have enterd a defence on the MCOL aswell ...:D

I got the letter saying full refund... I didn't cancel the court action just in case... the court will actually send you a form to sign saying do you want to continue etc.
I signed it saying they are giving me a refund and I'm just waiting for the cheque.
With Nationwide I got a similar form from the court as they had said they paid me - only half of the claim so on that one I said no and want to continue as I've accepted as partial payment etc.

So the court action will end anyway as Capital contact the court to let them know. I think they defend as standard anyway... I think everyone has got the cheque from Capital this way as well, so don't worry - expect a cheque within two weeks of the letter confirming the refund!
congrats
:beer:

RookeryMike

debs81 wrote: »

congratulations. how long was it between you filing claim on mcol and getting your letter. have heard they are pretty quick to respond. just wondering as i filed mine on 18th aug and was issued on 20th.

Hi Debs,

I filed my MCOL claim on the 31st July.

It was deemed served on the 5th August, and acknowledged on the 8th.

The letter I received offering a full settlement was dated 14th August.

I hope that helps!

I must point out however, that i am still waiting for my cheque!

TANZARELLI

Degs45 wrote: »

Just had a letter delivered stating they are going to pay up the ful amount with interest and all my fees ...you will get the money within 14 days and can I PLEASE cancel the court action . They have enterd a defence on the MCOL aswell ...:D

Wait until recieved cleared in account before doing this.

Well done and congratulations

choppies

Hiya. I had an account with capital one, which i paid off by way of full and final settlement. I actually paid about 60% of the outstanding debt. I've had all my statements back from them, which show a few charges, not that many but worth going for. So I wrote the letter asking for the charges to be given back, they say they will refund the difference between what i paid and what the OFT say the charge should be (£12) and they'll refund it back to my outstanding debt.
Can they do this when they agreed to a full and final settlement?

k1mmie

Cap1 never agree to the full amount at first - you will need to take this further. Either MCOL or FO. Go for it!

toozie_2

Please bear with me, I'm really new to all this!

My Capital One Credit Card was paid off and cancelled some time ago. I had all my statements, and was charged £128, made up of 4 x £20.00 and 4 x £12.00.

I sent the intial letter asking for a refund, and was offered £32.00, which is the difference between £20 and £12 x 4.

I then sent the second letter threatening court action, and they have upheld their offer of £32.00 stating its a full and final sum.

Should I accept, or would I get anymore if I continue??

Thank you.