Capital One

redhotscorpio

after looking through all my other accounts i decided to claim on this one also


i posted the first letter on 14/11/07
i got a list of all my transactions on my account along with a booklet on all codes and what they mean sent to me this morning (03/05)
registered post it was guaranteed b4 1pm and i signed for it
ive now posted the letter off today i will keep you all posted on how long it takes as the first letter was fast in coming back

brightestsparkler

Hi can anyone help?

I've received my statements charges total £1056.38 can you claim for the charges that have been applied at a cost of £12?

LEE69_2

23 April requested the chrges be refunded.
3 May got letter saying will refund them down to £12.

Sorry but thats not good enough.
So

3 May sending lettter back saying if not refunded will start proceedings.

All done via the templates.

LEE69_2

brightestsparkler wrote: »

Hi can anyone help?

I've received my statements charges total £1056.38 can you claim for the charges that have been applied at a cost of £12?

As per my post above,yes.

brightestsparkler

Thanks Lee69 just don't want to be too cheeky that's all

frugalpam

LEE69 wrote: »

23 April requested the chrges be refunded.
3 May got letter saying will refund them down to £12.

Sorry but thats not good enough.
So

3 May sending lettter back saying if not refunded will start proceedings.

All done via the templates.

That's what Capital One offered me - the difference between £12 and £20. I've written back to them to say that this isn't acceptable, and that I will take them to Court if necessary to get ALL those charges refunded

Pam

The_Bloodster

Hi

After claiming £416 from Capital One they offered me £152 as a goodwill gesture. I am going to chase the remaining amount on MCOL but how should I proceed with the Particulars of Claim.

I would normally put the attached

The Claimant has an account XXXXXXXX with the Defendant. Since 02/04/01 the Defendant debited charges and interest in respect of purported breaches of contract. Defendant is aware of all details as a list of charges has already been supplied. Claimant contends: The charges exceed the Defendant's losses caused by the breaches; The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. The claimant claims the return of the amounts debited of £416.00; interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 02/04/01 to 03/05/07 of £84.70 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.09. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982.
Costs allowed by the Court.

How would I treat that when I have had a partial refund of £152 and I am chasing the remaining £264

frugalpam

The_Bloodster wrote: »

Hi

After claiming £416 from Capital One they offered me £152 as a goodwill gesture. I am going to chase the remaining amount on MCOL but how should I proceed with the Particulars of Claim.

I would normally put the attached



How would I treat that when I have had a partial refund of £152 and I am chasing the remaining £264

I'm wondering that also. Maybe there's a way of squeezing in 'less £x repaid by Defendant' - am not sure if that would be ok or not.
I've received a cheque for the partial refund already - am wondering now whether to return it to them

Pam

PS I suppose the alternative would be to put "The claimant claims the return of the amounts debited of £416.00" but edit the £416 to reflect the amount repaid?
Its late, my mind's befuddled!

Akay_3

i had £366 of charges and was refunded £88 by cap 1

i put in £278 in MCOL + interest £100 (took into account the £88 they refunded) + £50 court charges

so i claimed £378(interest + charges) + £50 (court fees)

(thats after they refunded me £88)


i did ask this question earlier on but had no specific answer so i used the above, just submitted MCOL earlier today

the interest part i undercut by about £32

interest on the total £366 was £132
but because they refunded me £88 already i undercut the interest by 25%
i figured its better to undercut the interest rather than over charge them lol

anyway thats me

LEE69_2

brightestsparkler wrote: »

Thanks Lee69 just don't want to be too cheeky that's all

Better in your account than theirs