Capital One

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thepcsaysno wrote: »

Hi again. my claim is for £1039.89 inc interest at 8% apr, I sent downloaded the rejection letter from this site stating that I would accept the sum only in part settlement and that I would take the rest to court. This how the reply to the rejection letter read.

ACC No 5460**********10

Thank you for writing back to me about my offer to refund £326 of the fees
we've added. I'm sorry to hear that you feel my offer is unacceptable.

As I have already explained, we'er confident our fees are both fair and legal and I'm dissapoited to hear that you are considering court action. The OFT haven't told us that we're obliged to refund any fees, and we've offered refunds as a gesture of goodwill. I'm afraid I won't be refunding all of the fees as you've asked.

This offer is open to you. I won't be increasing this, as it is my final offer. I've included another settlement form for you to sign and return if you decide you want to accept this. While you are disputing these fees, it is important that you maintain payments as your account balance consists of transactions that you have made. Failure to do this may result in negative information being recorded on your credit file, which may affect your ability to gain credit in the future.

Financial regulations require me to advise you that this is my final response in relation to this matter. However, you now have the option to contact the Financial Ombusmen Service within six months from the date of this letter.
Their contact details are in our complaints leaflet, which I included with my last letter.



So where do I go from here???
Regards
thepcsaysno

If that was in response to your first letter claiming charges back then now send the 2nd regarding the intent to claim at court with interest. If it was in response to the second then I agree with mo1, the next step is the court stage. Good luck

Shazy73

Can you claim the £12 charge back which they now charge or is it the older charge of £20 that you can claim.

pigsmightfly

Shazy73 wrote: »

Can you claim the £12 charge back which they now charge or is it the older charge of £20 that you can claim.

I claimed for both and got back the full amount from them. They will try and fob you off and offer you the difference between the £20 and £12 but don't accept it - if you keep going you will get all the charges back in full

mo1_2

I claimed for both and got bot back,even though they kept saying they would only pay the differance between the 20.00 and 12.00,me thinks they were telling me fibs lol

CLR_3

Hi ~ I have received an offer today from Capital One, as with most people on here it is the different between what I was charged and the now £12 fee.
However I sent my second letter last week as I had not received a reply within the 2 weeks I had given them. Do I acknowledge the offer at this stage or does my second letter supersede their offer?

Also to confuse matters slightly, the letter suggests that they will credit my account, if I accept this in part payment, my account will be in Credit as my balance is only £100.

Claimed £919
Offered £330

Thanks Claire

Greggie

Hi

I too have a query with Cap One. I have an outstanding balance of 400 pounds but have clained over 800?

Has anyone had any experience of this and if so what happened?
Do they pay you the balance by cheque after clearing your account with them? Or leave their card in credit?

Cheers,
Greggie
:rotfl:

esmerellda

what they will do is pay off your account and send a cheque for the remainder...you may have to request this off of them whilst in settlement negotiation.


Claire - knock up a second letter turning down their offer/accept it as part settlement - and reiterate the points and deadline your gave them in the second letter you sent.

pigsmightfly

CLR wrote: »

Do I acknowledge the offer at this stage or does my second letter supersede their offer?

You could send them a letter saying you will accept his amount but only as partial settlement of your claim and say that you intend to claim the full amount...it can be done

chanilondon

Hello

I've just received a letter from yet another firm of solicitors re my Cap 1 debt. (Cabot Financial) Current Balance £371.20. I called them a couple of days ago and they demanded I pay the full amount. They bullied me into setting up a DD for £62 a month in the end. Then I came across this site and realised i could claim back the unlawful charges. (My original credit limit was £200, most of which is paid off now so all that is outstanding is the charges).

I called the freephone no for Cap 1 and asked for all of my previous statements and they advised as my file is with 'Cabot Finance' I would need to speak with them. Is this correct? Would it be best to write to Cabot cancelling my Direct Debit (at least make it lower, more like £10 a month for the time being) and ask them to get my statements and advise them I have a dispute with Cap 1 or write to Cap 1 directly? Please help...

esmerellda

hmmm Cabot are pretty irratating....

write to Cabot and tell them your account with Capital One is in dispute. The continue with your letters to capital one to reclaim the charges

You could also send them (CABOT)a request for a copy of your original signed credit agreement which might make them put your account on hold/or pass it back to CAP ONE.

Request it under section 77/78 of the consumer credit act 1974 and enclose £1 with the letter.