Capital One

frugalpam

Leaf wrote: »

I read with interest (no pun intended) how Cap 1 is now dealing with the reclaim issues.

My husband and I both have cards, albeit chopped up ones, and I started the reclaim process for both at exactly the same time. I have requested full refund plus interest on both.

I received the statements promptly and stayed within the recommended deadlines for each ensuing letter. Requested statements 24/03/07 and received these on 18/04/07. Requested refunds on 24/04/07. Today I received a letter to me saying they would refund the difference between the £12 and the £20 (although this is £16 pound short of the schedule I provided) and another letter to my husband stating, as has been said to a previous poster, that they are behind with processing and looking into the claim and to wait to be patient for 4 weeks and possibly more! Pah!

The letter to me advised that, 'as a matter of goodwill', they have refunded £190 onto my card (did I ask them too??? NO!) which is a mere £447.64 less than I was claiming!

As the interest charges can be a bit of a nightmare to contest outside of Court, I have decided to 'Without Predjudice' accept the £190 as partial payment in my claim, agree to accept full amount minus interest in full and final settlement but if that is not accepted by them tell them to be on notice that I will proceed to court in 14 days asking for judgement of full settlement plus interest and costs of claim.

Just got to hunt about for some help on composing that letter! Anyone know of a link?

Cheers

Leaf

Hiya Leaf - this is what I wrote.....hope it helps

Thank you for your letter of 25<SUP>th</SUP> April which I received on Saturday.
<O:p
I cannot, however, accept the sum of £xx as full and final settlement of my claim for £xxx referred to in my letter dated 16<SUP>th</SUP> April 2007. I will accept this sum of £xx as part payment only, and without prejudice, but will continue my claim for the balance

I noted your comments regarding the reduction of fees, but under the Unfair Terms in Consumer Contracts Regulations 1999, charges must reflect administration costs and cannot be punitive. I believe that the charges you have applied to my account have been unreasonable and punitive.<O:p</O:p
<O:p</O:p

I hope therefore that you will write to me again with a revised offer for the full amount of charges that I am again requesting, namely £xxx. If however you feel unable to do this, then I intend to pursue my claim through the County Court which will inevitably incur extra expense for Capital One Bank as I shall also be claiming interest at the statutory rate of 8% which a Court would award, plus my Court fees.<O:p</O:p
<O:p</O:p

If I do not hear from you within the next 14 days, I will write to you again to inform you that I have filed a claim against you through the County Court, and will send you a spreadsheet which details the amount I am claiming.<O:p</O:p
<O:p</O:p

I look forward to hearing from you soon

Yours faithfully<O:p</O:p

Foot101

Has anyone actually got the full amount or near it out of Capital One without filing for MCOL ?

raudi

same question from me, just received a letter offering 136 for thr difference in 20 ans 12 charge!

Leaf

frugalpam wrote: »

Hiya Leaf - this is what I wrote.....hope it helps

Thank you for your letter of 25<SUP>th</SUP> April which I received on Saturday.
<O:p
I cannot, however, accept the sum of £xx as full and final settlement of my claim for £xxx referred to in my letter dated 16<SUP>th</SUP> April 2007. I will accept this sum of £xx as part payment only, and without prejudice, but will continue my claim for the balance

I noted your comments regarding the reduction of fees, but under the Unfair Terms in Consumer Contracts Regulations 1999, charges must reflect administration costs and cannot be punitive. I believe that the charges you have applied to my account have been unreasonable and punitive.<O:p</O:p
<O:p</O:p

I hope therefore that you will write to me again with a revised offer for the full amount of charges that I am again requesting, namely £xxx. If however you feel unable to do this, then I intend to pursue my claim through the County Court which will inevitably incur extra expense for Capital One Bank as I shall also be claiming interest at the statutory rate of 8% which a Court would award, plus my Court fees.<O:p</O:p
<O:p</O:p

If I do not hear from you within the next 14 days, I will write to you again to inform you that I have filed a claim against you through the County Court, and will send you a spreadsheet which details the amount I am claiming.<O:p</O:p
<O:p</O:p

I look forward to hearing from you soon

Yours faithfully<O:p</O:p

Brilliant Pam!

Boring as this is... here's mine.

We all seem to be nicking bits but I am soooooo weary at the mo... just want to bang it off!
What ya think?


'Thank you for your letter received today. I had sent a letter to you today prior to receipt of yours advising you that you have a further 14 days to respond to my request for full refund of charges plus interest, so these communications have crossed in the post. While you state in your letter that you believe the charges levied are fair, I contend that I do not believe these charges reflect the true cost to Capital One.

The charges, as stated in my schedule provided to you, total £ 518.00 plus, as I believe I have been unlawfully deprived of the money, I have calculated £ 119.64 interest at the statutory rate.

I therefore asked that you repay me the full amount of £637.64. I have, again, attached a full schedule of the charges and interest with this document.

You have stated in you letter received today that it is your intention to calculate what you believe as fair charges and offset them against my claim and advise me that you are crediting my account with £190.00. Please note, even given your calculations, these are incorrect by £16.00. This is not at my request and not what I have claimed. I do not accept these as fair charges.

I will accept this payment as partial payment against my claim but not as full and final settlement.

I will, however, be prepared to accept a full and final settlement of £518.00 (less £190) as full and final settlement which are the charges less the interest. Failure to agree this will result in action taken through the Courts at which time I will request refund of all charges plus interest plus costs.

I look forward for a full response to this letter within 14 days.

Yours faithfully,'


Not giving in yet!!!!

Leaf

Leaf

Yours is better!
Cheers

frugalpam

Leaf wrote: »

Yours is better!
Cheers

Actually, I thought yours was really good :T
We've both got the 'meat' of the message across - each letter needed personalising. I enjoyed sending my 'wagging my finger' letter! :rotfl:
I doubt they'll reply somehow and will call my bluff by not replying. I'm definitely taking it to Court soon as the 14 days I gave them is up :T

Pam

adwozere

becksta22 wrote: »

thanks for that have just foned them and for the first time fonin capital one i actually spoke 2 sumone who i could understand cause they were english lol.
anyway he couldnt do anything either because the executive office only send the letters and it takes about 2 days for them do deal with an email sent by them so he is sendin one anyway to let them no i have called.he did say they are usually quite quick but it will take another 28days for it to be sorted.
so wat do u think do i take them court for the £238 they still owe me or wait 28days????

I would take them to court as they have really started to muck people around now, when I phoned them about my part payment of £328 which I was told was going into my account within 5 days, they were not sure if it was going to happen now, but they couldn't tell me why not!! when I asked to speak to the people who are dealing with it , I was told they don't take phone calls !!!!!! so then I asked to speak to a manager who said I needed to send them a letter, I told them I already had by recorded delivery and there must be a way I could speak to someone at the 'Executive Office', and finally I was told they would get someone to ring me from this Executive Office, which they did about an hour later, and the out come was that the £328 they offered me in settlement of a claim of over £1000, which I wrote and said I would take only as a PART payment and would take them to court for the rest, they have now decided not to pay it to me , which is a right pain as I have already started a mcol for the rest!

Leaf

Well, well, well! It seems the 'Executive Office' are playing hard ball! I am now altering the above quoted letter to say that I am now instigating Court proceedings and sod the 14 days!
Let's take em on!!
Leaf

chrissieo

I have sent my letter requested repayment of charges on the 26th April (In full inc interest approx £650) giving them 14 days to reply. As yet nothing, but spoke to them today and was told tht it had been dealt with and I would hear by them early next week.

I am assuming that they will only offer me part payment and I will have to initiate MCOL to claim the balance. Can someone please tell me how much it will cost me to raise MCOL please

Thanks

Cx

Edinburghlass_2

You'll find a link to court costs and exemptions to costs in the Reclaim Help Thread which is linked in my signature.

If they say you will here early next week its probably worth waiting to see what they say.