Capital One

derek1243

hi i just requested my cap1 statements not had a reply yet but i started off with a 750 card from them ive been paying 32 pounds over the last 3 years every month and now due to late payments and missed dd im now at 768 pounds.
but the thing is when i missed a payment they charged me 35 pounds and my bank also charged me 35 pounds so i was getting charged 70 pounds which is ridiculous im requesting it all back but would settle for the account to be closed

emmaBZ

HI CAP 1 HAS OFFERED to pay the difference of all the charges so they charged £20...a time and have said they will change these to £12 so will refund the £8 per charge do i have to accept this or can i get all charge refunded ? havnt come across this before

jellybugs

emmaBZ wrote: »

HI CAP 1 HAS OFFERED to pay the difference of all the charges so they charged £20...a time and have said they will change these to £12 so will refund the £8 per charge do i have to accept this or can i get all charge refunded ? havnt come across this before

Write back to them stating that you will accept as a partial offer without prejudice, but you will persue the whole amount via the courts if necessary.

jellybugs

I have had my 'this is our final offer, blah, blah' letter from Cap 1. So just filed a claim online...just going to sit back and let the ball roll from now:cool:

Beate

We got a strange letter back from Capital One today.

" Dear blabla. I write in connection to the above court claim. I have now had the opportunity to investigate your claim of £170.03. It is denied that these fees are unlawful.... it is clear you have no claim against Capital One. Whilst we do not accept liability for the claim, I have in an effort to resolve this matter without the need for a court hearing, sent you a cheque for £170.03. It should arrive within 14 working days. These refunds are made purely as a gesture of goodwill and we will now defend this claim on the basis that we have refunded the correct amount. .... I would finally request that you contact the court to confirm the settlement and discontinue your claim. This is very important as it is your responsibility to inform the court that your claim is settled and avoid wasting any further valuable court time. We have also written to the court to confirm that we have paid in full."

So they agreed to pay back the full amount including interest and court costs. This would be great if they had included the cheque but there are only saying it will arrive within the next 14 working days! Their 28 days are up on 7 April but they expect me to tell the court they have paid and to discontinue my claim? What planet are they on? What do we do if their cheque does not arrive before 7 April? We will also be away on holiday from 6 April until 14 April so what are we expected to do?

Do you think we should ring Capital One on Monday and make it unmistakenly clear that they will have to pay up that week or we will continue with the claim? And should we ring MCOL on 5 April (if nothing received by then) and tell them that we have had this letter but not the money yet? What would happen if we did nothing until 14 April, came home to discover a cheque and then rang up MCOL? Do they do anything automatically once the 28 days are up? I think it's an absolute cheek of Cap 1 to tell us to hurry with discontinuing the claim to "avoid wasting any further valuable court time" when it's THEM who have been doing that all along and continue to do so!

Any thoughts please?

SUFC

Beate wrote: »

We got a strange letter back from Capital One today.

" Dear blabla. I write in connection to the above court claim. I have now had the opportunity to investigate your claim of £170.03. It is denied that these fees are unlawful.... it is clear you have no claim against Capital One. Whilst we do not accept liability for the claim, I have in an effort to resolve this matter without the need for a court hearing, sent you a cheque for £170.03. It should arrive within 14 working days. These refunds are made purely as a gesture of goodwill and we will now defend this claim on the basis that we have refunded the correct amount. .... I would finally request that you contact the court to confirm the settlement and discontinue your claim. This is very important as it is your responsibility to inform the court that your claim is settled and avoid wasting any further valuable court time. We have also written to the court to confirm that we have paid in full."

So they agreed to pay back the full amount including interest and court costs. This would be great if they had included the cheque but there are only saying it will arrive within the next 14 working days! Their 28 days are up on 7 April but they expect me to tell the court they have paid and to discontinue my claim? What planet are they on? What do we do if their cheque does not arrive before 7 April? We will also be away on holiday from 6 April until 14 April so what are we expected to do?

Do you think we should ring Capital One on Monday and make it unmistakenly clear that they will have to pay up that week or we will continue with the claim? And should we ring MCOL on 5 April (if nothing received by then) and tell them that we have had this letter but not the money yet? What would happen if we did nothing until 14 April, came home to discover a cheque and then rang up MCOL? Do they do anything automatically once the 28 days are up? I think it's an absolute cheek of Cap 1 to tell us to hurry with discontinuing the claim to "avoid wasting any further valuable court time" when it's THEM who have been doing that all along and continue to do so!

Any thoughts please?

Hi, I've had the exact same letter & was wondering the same thing. They had until 4th April to defend the claim. I don't want to cancel the court claim til i've got the cheque in my mitts, just in case they don't send it. Any advice please?

MonkeySaving?

To the above two posters, thats the standard letter offering the full amount. Cancel your claim asap, they will pay up..first by clearing any card balance and then you will receive a cheque. Congrats to both of you for winning though

frugalpam

Capital one sent my statements through this morning and I've counted up £240 of late payment charges, which I'm about to reclaim.
Do I send a similar letter to the bank charges one, quoting the bit about the Unfair Terms in Consumer Contracts Regulations 1999 ? Any other tips?

thanks
Pam


<!-- / message --><!-- sig -->

Beate

MonkeySaving? wrote: »

To the above two posters, thats the standard letter offering the full amount. Cancel your claim asap, they will pay up..first by clearing any card balance and then you will receive a cheque. Congrats to both of you for winning though

Thanks but I really don't see why I should cancel a claim before I have received the full amount - isn't it better to wait for that? Nowhere in the letter does it say that I have to cancel the claim before they are willing to pay up - do they make this a condition? Couldn't they just use this as a cop up then not to pay up after the claim was cancelled? I am not really comfortable with this.

SUFC

MonkeySaving? wrote: »

To the above two posters, thats the standard letter offering the full amount. Cancel your claim asap, they will pay up..first by clearing any card balance and then you will receive a cheque. Congrats to both of you for winning though

Hi, Thanks for your reply. How do i cancel the MCOL claim, do i ring up the court or is there a button on my claim that i press? Regards, SUFC