Capital One

ob1peers

The story:

11/12/16: Sent letter requesting statements.
16/01/07: Sent 1st letter requesting refund of £1235.00 & £301.32 interest.
07/02/07: Sent 2nd letter as above.
20/02/07: Received an offer of £420.00
22/02/07: Sent 3rd letter refusing to accept £420.00.
05/03/07: Issued a claim with Moneyclaim online.
07/03/07: Another letter from Capital One with £420.00 final offer.
10/03/07: Received Acknolodgement of service from court.
29/03/07: Received offer of £1235.00 and £301.32 and £120 court fee.

So keep the faith, hold on in there. Even when it seems like they are not going to pay, they will in the end.:j

SusieWinwood

Hi all

I wrote to Capital One 3 weeks ago rejecting their offer of £362, saying I will accept this in part settlement, but I will be persuing the full amount of £900+

I've just received a letter from Capital One basically saying that they are confident thier fees are fair etc blah blah and that the offer wont be increased, this is their final offer bla bla.

Shall I tell them to stuff it (I'm tempted) or take their offer and lose £600+?

The last line tickled me, ' Again, I look forward to receiving your signed settlement form so we can put this behind us and save the court's valuable time' Yeah right!

They also said that Financial regulations require them to advse me that this is their final response in relation to this matter.

Do I hold out or give in??

Cheers

Susie

Greggie

SusieWinwood wrote: »

Hi all

I wrote to Capital One 3 weeks ago rejecting their offer of £362, saying I will accept this in part settlement, but I will be persuing the full amount of £900+

I've just received a letter from Capital One basically saying that they are confident thier fees are fair etc blah blah and that the offer wont be increased, this is their final offer bla bla.

Shall I tell them to stuff it (I'm tempted) or take their offer and lose £600+?

The last line tickled me, ' Again, I look forward to receiving your signed settlement form so we can put this behind us and save the court's valuable time' Yeah right!

They also said that Financial regulations require them to advse me that this is their final response in relation to this matter.

Do I hold out or give in??

Cheers

Susie

Susie

DONT GIVE IN!!!!!!!! Go to moneyonline and start teh claim proceeding.....they will pay the full amount and court costs back....Son't let them win, I have a claim pending exactly the same and Im confident that I will win.......

pigsmightfly

Greggie wrote: »

Susie

DONT GIVE IN!!!!!!!! Go to moneyonline and start teh claim proceeding.....they will pay the full amount and court costs back....Son't let them win, I have a claim pending exactly the same and Im confident that I will win.......

I also had this with them on 2 cards and won the full amount back on both so don't give in

esmerellda

CARRY ON !

We are in the right...the banks are not - that is why we are all here.

Get the rest of your money.

consnmattsmom

Cap One acknowledged our MCOL claim on 13th March so the 28 days is up next Tues. I am hoping that they dont decide to defend now. We have a 4 day Bank Holiday weekend too so perhaps if they dont defend before Friday they will run out of time.

Have Cap One put up a defence with anyone else?

Beate

Yes, with us, today, although we received a letter from them on Saturday saying a cheque for the full amount will be sent to us within the next 14 working days and we should discontinue our claim ASAP to "avoid wasting any further valuable court time". The cheek of them. They only do this to play for time as they know full well that the 28 days are up on 7 April. I am tempted to ring up MCOL and ask for their advice.

Beate

janevictoria wrote: »

Putting the above to one side, as a good will and without any admission of liability, I am prepared to credit oyur account with the difference between the charges that you have incurred and the £12 fee recommended by the OFT. This would amount to £136-00. The credit will be reflected on your next statement. (It did!)
Then told us to stay in limit and send money on time blah blah we do if at all poss. any way. Should I be grateful for what we have or go for the rest, we didn't add on interest as we just wanted our money back.

You should get the whole amount if you want it. Just tell them you accept this as part payment and you will file a court claim for the rest.

richdeniro wrote: »

Received the Notice of Transfer of Proceedings from Northampton to Croydon court yesterday morning along with the Defence and Counterclaim.

Must admit it is a bit scary. I am a bit nervous of actually having to go to court and am not particularly good at public speaking - is it likely that it will come to that?

Has anyone received this? Is this normal?

Hi richdeniro

If this is what Baclaycard call a defence and it's the best they can do then you really don't have anything to worry about!! It's a joke!!

If you break it down all they say is:

- you signed the terms and conditions
- the law (for some reason) doesn't apply to their charges
- They reserve the right to claim their true costs if they can't prove the law doesn't apply to them - well woopee!! Don't they realise that this will mean they have to breakdown all their real costs in court???? Idiots!!

If anyone from Barclays turns up to court to back up that load of !!!!!!, I'll be very, very surprised!

Good luck with your claim

Regards
UNDERGROUND

Hi All,
I sent off my letter saying i was claiming £968 (inc %)for late payment/overlimit charges ! Received a letter from C one this morning saying they will offer me £280. My card has been cancelled which had a Limit of £400.The charges were due to it spiralling out of control through Lp/Ol Fees which brought the balance up to £880.
I have been paying a DCA (fredricksson`s) £10 a week and have paid over £600 to them. I wrang Cap One this morning as soon as i received the offer to ask what was going on,they told me I owed £230 on my balance and they would clear that and send me a cheque for £28.
So do I accept this as a partial payment and go to the next step ? If I accept their offer,the DCA and Cap One win and i get Zilch ! Should i take the £400 balance off the amount claimed and put in for the rest ? Any help would be very gratefull as im a bit confused by all this thanks Stephen

Thank you! was trying to find a number to call to get my old details!

I work for a Bank and spend day after day contacting customers who have exceeded their overdraft limits/ had items bounced etc to invite them in to review their finances and hopefully stop any further charges occurring. It is amazing the number of times I have been told "I've not got time" or "What's the point, you've already charged me now!" Yet, these are the people now inundating the Banks with letters demanding their charges back! Why are these people not embarrased that they ahve made such a bodge up of managing an account taht they ahve paid thousands of pounds in charges? How do these people actually get through life - its hardly rocket science - live within your means, open those bank statements and READ THEM!!! Most bank charges are pre-notified at least 16 days in advance so WHY have they gone on and on for 6 years??????

I can understand one or two charges but how do these people who have claimed back thousands of pounds in charges actually manage their finances? A lot of the banks insist on disclaimers being signed to say that you are not entitled to any further refunds so my question is "are these people going to take responsibility for their finances or are they simply going to incur charges again?"

As for the "parachute accounts" people are being told to go and open incase their bank decides to close their account - its not as easy as it seems. Firstly most banks will ask you to provide 3 months up to date bank statements from your existing bankers before they will allow you any accounts with an overdraft / cheque book / debit card. In the bank I work for, if there is an unsatisfactory conduct (eg: charges, over overdraft limits etc) we will decline the application as this is not the sort of customer we wish to take on. If you tell the bank that you do not hold a bank account, this is classed as a false declaration and may result in fraud prevention agencies being informed as your existing bank account will show up on the credit reference search.

I would like to see more advice being given on this site about how to manage your finances properly and maintain a bank account free of charges rather than just telling people its fine to run up £5000 of bank charges because you just send a letter and its all refunded.

I would also like to point out that the bank I work for is hardly mentioned on the "charges successes" forum as we work by the policy - if you're being charged then something is SERIOUSLY wrong with the way you manage your finances and we prefer to deal with that issue rather than just refund and let it happen all over again.

Its about time we stopped blaming the bank and took some ownership - its YOUR name on the bank account - its YOUR wages going in and YOUR bills going out and if YOU are overspending then YOU need to change too!

MonkeySaving? wrote: »

If they delay on the refund and the court date arrives, you will have to go to court. They will contest given the fact that they have already made you the full refund offer...The letter you received from them is legally standing therefore there's no reason to wait..

Sorry, but I have heard different from the court itself. I called them and they said do NOT discontinue your claim just yet. They have sent us a letter today saying the same. Cap 1 has until 5 May to send the cheque, if we receive the cheque until then we are to fill in a form and send it back to the court asking to discontinue the claim. If we do not receive the cheque, it will go to court, but they won't have a leg to stand on as they already wrote they would refund. She said on the phone that a few banks are trying it on in the hope you discontinue your claim as soon as you get the letter. No disrespect, but I am totally with the court here and I would urge anyone not to discontinue their claim on a mere promise from a bank to pay out.

**Board Guide note, while un-merging the problematic threads I see this post has by Beate has had another user's posts merged into it, sorry about this. **

SusieWinwood

Thanks for your help peeps!

Just one quick question, do I have to tell C One that I'm rejecting their offer, (I need a copy of this letter if anyone can be so kind) or just lodge the action with mcol?

thanks again


Susie

Akay_3

Hi there, thanks to this forum ive reclaimed some of my charges from Capital One, they sent me a letter a couple of days ago offering me £88 against £366

In this letter they (as quoted: I've reviewed your account and, as a matter of goodwill, I'd like to reduce the fees we've added to your account to £12 each. Ive refunded this total of £88.00)

Now this refund that they offered is not equating to the charges being put down to £12. From my calculations they are a out by approx £64

£366 is made of

14 x £18 charges

4 x £20 charges

1 x £10 charge (i got a partial refund out of £20 then)

2 x £12 charges

altogether £366

they reduced all charges to £12 according to the letter
so i should have been refunded: £152.

Is it that they just chose a partial amount and decided to refund that to me :huh:

I dont want to look like clown if it goes to court lol
ive gone through the charges about 10 times to make sure i didnt mis-calculate it.

Should i just go ahead and send them the 2nd letter thanking them for the partial refund
and explaining im taking this further as i want it all back?

any comments / advice would be great

many thanks