Capital One

Zapp_from_Planet_Zogg

I take it that the £8 they have offered is just the difference between their original charge and what they think that the OFT consider to be reasonable - ie £20 vs £12.

Fact of the matter is, their charges are claims for damages and as such must be justifiable in law. An arbitrary charge (no matter what the level) is unlikely to be justifiable on a case by case basis.

As for whether you accept the offer, entirely up to you, but it could be a long battle / wait to get the full amount.

You can go to the OFT with a complaint, but that will likely take quite some time to get resolved. Court is done and dusted within a couple of months, but you do run the slight risk of losing and being left out of pocket.

anne1996

CAPITAL ONE

First wrote to capital on aug 08 got no where

wrote to fos on 18 nov 08

got letter from capital one on 22 dec 08 saying they would pay £846 + interest= £965.79 and it would take three weeks.

recieved cheque for £965.79 today 29 dec 08.

brilliant great cheque to start the new year

thanks martin

just need the bank charge thing sorted out now then i will be happy

phantom44

hi could any person help me with filling in my court papers ie: is there any section where it shows you a sample court papers filled in
any advice please
regards phantom444

Orford

At the ........................ Court
Enter your local County courts name

Claimant:
Your name and address

Defendant:
THE BANKS NAME
THE BANKS REGISTERED OFFICE ADDRESS

TICK NO TO HUMAN RIGHTS ISSUES

Brief Details of Claim
Money claim for return of penalty charges applied to the Claimants credit card account by the Defendant

Value
Charges £xxx.xx
Overdraft Interest £xxx.xx (If claimed, otherwise delete)
Interest under s.69 County Courts Act 1984 £xxx.xx
Court Fee £xx.xx

TOTAL £ xx.xx
Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just.


See here for Particulars of Claim:
http://www.consumeractiongroup.co.uk/forum/show-post/post-1191734.html

redroo555

hi there,
jsut a quick question!!
i had a c. one card a couple of years ago, and settled through a d.c.a. by paying a settlement figure.
i know i was charged quite a lot of interest, and obviously i was over my limit!
can i still ask for my charges back though, if it is all done with? also, i think they put a defult on my credit ref.
many thanks in advance

militantconsumer

Yes you can still claim against Cap One. All these charges, even if "only" £12 are reclaimable.

Getting a default removed is extremely difficult, though they drop off your credit card after 6 years.

Suggest you send off for your credit files. These only cost £2 per agency, a total of £6. They can be very interesting and revealing. That will confirm if you have a default for certain.

redroo555

thank you so much for your advice!
will do just that!!

bengal-stripe

redroo555 wrote: »

settled through a d.c.a. by paying a settlement figure.

I suppose, I'm a bit dumb, but isn’t a settlement figure, a partial figure where one party says:
“I pay you a certain percentage of the claim and we both call it a day!”?

I always thought: a deal is a deal is a deal. But then, I might be just old-fashioned.

militantconsumer

My thoughts were that as the deal wais with the DCA, but the illegal charges were levied by the original financial institution, in this case you can have your cake and eat it.

I suppose if Cap One come back with a document that you signed saying "full and final settlement" or something like that, then that might make claiming a problem. But if they sold the debt to the DCA and the DCA made a profit, I don't think the DCA are going to help Cap One out.

If you don't ask, you don't get.

redroo555

thanks
not sure if i am going to pursue it, will check ref agencies first, and take it from there!
as to if it was a settlement figure, although i don't understand all the legal issues with d.c.a's and banks etc, i read through and learn a lot from these threads, and if only i had known then about cca's , i would have questioned them, and so i nievely paid them, even though i knew they had put on quite a lot of interest, they said that that was their right to do!
i do understand about a deal being a deal, and yes, i too think like that, but when i read these threads and then understand that the dca's have no consience in how they go about obtaining money from us, even when we explain our situation, they still try and succseed in pressurising us in any way they want to legal or not!
so, although i was raised with manners and honestly, i won't let them bully me anymore!!
i have never disputed to them that i owed the money, and will obviously always pay back what i was supposed to, but after i explained i needed help, instead of that, they got greedy and demanded almost double !!
but as i said , i will look into it all first, and make sure. xx