Capital One

Andypez

Just thought i would post a letter which i have today sent of to capital one, some may find it useful, hope it helps

Capital One Bank

Your ref: *********, acct number ***************

In response to your letter dated 21st March 2007 which was received on the date of compilation of this letter, I am disappointed in the goodwill gesture that has been offered by yourselves to the sum of £***.

My claim of £*** charges and interest calculated at £***.** provides a total of £****.**.

I note your points in your letter in relation to the charges and the Office of Fair Trading; however I feel that as a financial institution you have failed to acknowledge:
i. The Unfair Contract Terms Consumer Contract Regulations 1999 and the Unfair Contract Terms Act 1977.
ii. The Office of Fair Trading Press release number 68/06 dated 5th April 2006.
iii. The case law in this case, Willson v Love [1896] 1 Q.B. 626 plus others which state that “…a charge is a penalty if it does not reflect an items true cost…”

As your goodwill gesture is short of the total amount claimed by me from Capital One, I do not accept your offer as full and final settlement to my claim. I am willing to accept the £*** as a partial payment to the full amount owed, therefore leaving a balance of £***.**, should this matter be taken to court.

As a result of your offer, I am advising you, Capital One, that should the full amount not be paid in 14 days, I will have no alternative than to commence legal proceedings.

The Matter will be referred to my local County Court and I reiterate the point that the charges you have applied are unfair and not proportionate to your costs, and therefore ******** County Court will rule in my favour.

Further to this, as far as I am aware, my account with Capital one is now closed and has been for the last two years, I would therefore request that all monies owed be paid by cheque, directly to me.


If you wish to discuss, or bring this matter to a conclusion before court proceedings. then please do not hesitate to contact me on the above telephone number


Regards



i am claiming about £1200, and they offered me £330.

hope this may help some of you

Andy
A budding law Student;)

pigsmightfly

Andypez wrote: »

Just thought i would post a letter which i have today sent of to capital one, some may find it useful, hope it helps

Capital One Bank

Your ref: *********, acct number ***************

In response to your letter dated 21st March 2007 which was received on the date of compilation of this letter, I am disappointed in the goodwill gesture that has been offered by yourselves to the sum of £***.

My claim of £*** charges and interest calculated at £***.** provides a total of £****.**.

I note your points in your letter in relation to the charges and the Office of Fair Trading; however I feel that as a financial institution you have failed to acknowledge:
i. The Unfair Contract Terms Consumer Contract Regulations 1999 and the Unfair Contract Terms Act 1977.
ii. The Office of Fair Trading Press release number 68/06 dated 5th April 2006.
iii. The case law in this case, Willson v Love [1896] 1 Q.B. 626 plus others which state that “…a charge is a penalty if it does not reflect an items true cost…”

As your goodwill gesture is short of the total amount claimed by me from Capital One, I do not accept your offer as full and final settlement to my claim. I am willing to accept the £*** as a partial payment to the full amount owed, therefore leaving a balance of £***.**, should this matter be taken to court.

As a result of your offer, I am advising you, Capital One, that should the full amount not be paid in 14 days, I will have no alternative than to commence legal proceedings.

The Matter will be referred to my local County Court and I reiterate the point that the charges you have applied are unfair and not proportionate to your costs, and therefore ******** County Court will rule in my favour.

Further to this, as far as I am aware, my account with Capital one is now closed and has been for the last two years, I would therefore request that all monies owed be paid by cheque, directly to me.


If you wish to discuss, or bring this matter to a conclusion before court proceedings. then please do not hesitate to contact me on the above telephone number


Regards



i am claiming about £1200, and they offered me £330.

hope this may help some of you

Andy
A budding law Student;)

Sound Good

saver_mum

I have just recived the reply to my 14 day letter stating that i will accept my £64 cheque as partial payment but i intend to claom for the rest ect ect..
they have now said that this is the final offer they have given me and that they wont be increasing any offer ect ect and that this is inline with the OFT..
I am only claiming for the remainder which is £96
Is it worth going to mcol..?
my partner is in the same posistion..he had £64 refunded and has a difference of £108
is it worth it..? will they defend it in court ?
I have successfully claimed with mcol for alliance and leicester and won but it was for £1045!
so a significantly more amount of money..!
my account is closed but my partners has £6k on his..
so will they make him pay it back if he takes them to court and wins?
any advice would be great!
thanks

smallpiper

But it isn't inline with the OFT. I am making a similar claim and I will take it to the wire.

pigsmightfly

saver_mum wrote: »

I have just recived the reply to my 14 day letter stating that i will accept my £64 cheque as partial payment but i intend to claom for the rest ect ect..
they have now said that this is the final offer they have given me and that they wont be increasing any offer ect ect and that this is inline with the OFT..
I am only claiming for the remainder which is £96
Is it worth going to mcol..?
my partner is in the same posistion..he had £64 refunded and has a difference of £108
is it worth it..? will they defend it in court ?
I have successfully claimed with mcol for alliance and leicester and won but it was for £1045!
so a significantly more amount of money..!
my account is closed but my partners has £6k on his..
so will they make him pay it back if he takes them to court and wins?
any advice would be great!
thanks

I would carry because you will get it back. It may only be a small amount but better off in your pocket than theirs.

Also if it goes to MCOL you will get interest and the court fee back

saver_mum

Thanks for this..
will file my mcol for both mine and my partners tommorow!!
am also waiting on a ge money account!
it seems the credit strore cards are playing a much harder ball than the banks!
Halifax paid up within 3 weeks !
still it will teach me to have high interest cards!!

pigsmightfly

saver_mum wrote: »

Thanks for this..
will file my mcol for both mine and my partners tommorow!!
am also waiting on a ge money account!
it seems the credit strore cards are playing a much harder ball than the banks!
Halifax paid up within 3 weeks !
still it will teach me to have high interest cards!!

Good luck!

Funny you should say that about the GE Money account because I'm waiting for them 2! :rolleyes:

Brickie103

pigsmightfly wrote: »

Good luck!

Funny you should say that about the GE Money account because I'm waiting for them 2! :rolleyes:

Hi savermum and pigsmightfly!

I'm so glad you both mentioned that you were claiming back from GE Money as i am thinking of doing that too, and can find no one else until now who is targeting them.

I have my Mortgage and a 5k loan with GE and have been up to date with all payments until i was off last year for 3 months due to having an operation and was only receiving SSP, this resulted in being in 2 months arrears with my loan but managed to keep up to date with my mortgage. ( i did have payment protection for the loan but they refused to pay out, criminals!!)

Anyway, in a nutshell, GE have decided to charge £40 Administration fee for every month i still have arrears, after getting quite stroppy on the phone with the person i spoke to, i asked them why they were charging me £40 admin fee, he replied that its for letters being sent out and the cost of phoning me. Well, i replied that they should owe me some money then as i get put on hold for a lifetime every time i call them and its not a local charged number or freephone number i have to ring!!
Needless to say he couldnt answer me on that one, so i replied that they cant justify charging me that amount as i am paying off something each month of the arrears and i'm not going to get anywhere if they keep whacking on £40 each month!! So i was going to be looking into it.
I have since kept up the payments with the loan but am really struggling to get the arrears payed off now! (snowball city!)

My question is to you guys is; Can i just send the 2nd letter to them asking for the charges back? (i already have the statements) and have you got any response yet with them?
Also, what address did you use? and will it affect my mortgage or loan? as i cant afford to re-mortgage yet or go anywhere else for my loan, may be able to re-mortgage later this year which i plan to do asap!!

Any thoughtsor advice would be very much appreciated!

Thanks in advance!!

saver_mum

Brickie103 wrote: »

Hi savermum and pigsmightfly!

I'm so glad you both mentioned that you were claiming back from GE Money as i am thinking of doing that too, and can find no one else until now who is targeting them.

I have my Mortgage and a 5k loan with GE and have been up to date with all payments until i was off last year for 3 months due to having an operation and was only receiving SSP, this resulted in being in 2 months arrears with my loan but managed to keep up to date with my mortgage. ( i did have payment protection for the loan but they refused to pay out, criminals!!)

Anyway, in a nutshell, GE have decided to charge £40 Administration fee for every month i still have arrears, after getting quite stroppy on the phone with the person i spoke to, i asked them why they were charging me £40 admin fee, he replied that its for letters being sent out and the cost of phoning me. Well, i replied that they should owe me some money then as i get put on hold for a lifetime every time i call them and its not a local charged number or freephone number i have to ring!!
Needless to say he couldnt answer me on that one, so i replied that they cant justify charging me that amount as i am paying off something each month of the arrears and i'm not going to get anywhere if they keep whacking on £40 each month!! So i was going to be looking into it.
I have since kept up the payments with the loan but am really struggling to get the arrears payed off now! (snowball city!)

My question is to you guys is; Can i just send the 2nd letter to them asking for the charges back? (i already have the statements) and have you got any response yet with them?
Also, what address did you use? and will it affect my mortgage or loan? as i cant afford to re-mortgage yet or go anywhere else for my loan, may be able to re-mortgage later this year which i plan to do asap!!

Any thoughtsor advice would be very much appreciated!

Thanks in advance!!

My Ge Money claim is for a House Of Fraser account..total nightmare had to wait 4 weeks to retrieve statements then they only sent me a copy of a list of my charges which i had my doubts about..
but had to take their word for it so sent of my letter with these charges on it and the intrest but also sent a letter stateing i was not happy with the list of stements ..and lo and behold have finally got the statements 8 weeks later..
and they have diddelled me! but only by £3 and they cant trace 2 months worth of statements due to a "stystem error!"
Have sent the letters to
P0 BOX 700
Leeds
LS99 2BD
Am claiming for £144 inc intrest and they have until the 29th to respond..
so will post and keep you updated on my case!
but i am prepared to go to court..
the call centre is not very helpful..so ask to speak to a customer services manager as they will be able to help you more..
£40 is a bloody crime for a letter how is that proportionate!!?
get and claim and the money will be yours!!
:T



i sent the letters to

Greggie

I too am awaiting a response from GE Money....have requested the refund but not heard anything.....

Cap One: I have filed the MOL claim and they have until 14th April to respond. From others experience what willCap One do next? Will they respond before the 14th , wait until 14th, write and make an offer??

Any commentrs?