Capital One

Akay_3

my MCOL is showing at the "acknowledged" stage now

i recieved a letter today from the Courts saying Cap 1 is defending the all of this claim, and they have 28 days to file a defence.

(is this a standard letter?)

Does that mean i sit and wait 28 days for the outcome? (or till they reply)


thanks

AliceBanned

Akay wrote: »

my MCOL is showing at the "acknowledged" stage now

i recieved a letter today from the Courts saying Cap 1 is defending the all of this claim, and they have 28 days to file a defence.

(is this a standard letter?)

Does that mean i sit and wait 28 days for the outcome? (or till they reply)


thanks

Yes - I am in the same situation with Northern Rock. I haven't done the full MCOL process yet (am at the acknowledgment stage too), but reading other threads it looks like many banks respond in this way, and then pull out at the last minute before court and make you an offer, or just send a cheque. But yeah nothing we can do until the 28 days are up. I expected them to defend, as they have already refused payment so court action is just giving them more time to decide, and more time to stall!

lou777

Hi. I hope someone can help. Is there a different letter template we can use for reclaiming credit card charges? I can't find one anywhere.

aliroo

I am ready to post my letter to Cap 1 asking for the charges and interest. With the charges and the interest this amounts to £379 and the credit limit was only £200!!!!

how can they warrant charging all of those charges on such a small credit limit? the mind boggles

Thank god the account with them in now closed but will keep you informed of how things go.

P.s - Me claiming these back is for my other half so hopefully if he gets the money back I hope that I will benefit from it (shoes...........clothes........haircut.............the list can go on!!!!!)

sanatogen

CapitalOne repaid me with a goodwill gesture of £192 (This week)

Thank you!

1 down , 2 more to go.

Leaf

AliceBanned wrote: »

I might not have the full answer to that but I've had the same response; refunded only any charges above £12, and I'm not happy with it as it means £142 refund when I asked for over £500 including interest. I'm going to try and find out for sure from this forum whether it is possible to reclaim more (anyone help?)(I think it is as £12 is still excessive and the interest can definitely claimed back), and I will probably go ahead with MCOL. According to Martin's advice send another letter saying you are not happy with the response/amount refunded and threaten court action.

Same situation.
Nab somne or none from my letter (others will correct if I am off base)

'Thank you for your letter received today.

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 ask 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 you have advised me that you are crediting my account with £190.00. This credit is not at my request and not what I have claimed. I do not accept these as fair charges. 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.

I cannot, therefore, accept the sum of £190 as full and final settlement of my claim for £637.64 referred to in my letter dated April 4th,2007. I will accept this sum of £190 as part payment only, and without prejudice, but will continue my claim for the balance.

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

Please note that, as I have provided clear and documented evidence of my claim which you appear to continue to dispute, I will be instigating Court action in 3days unless you agree my claim.

Yours faithfully,

k1mmie

I sent my letter of non-acceptance, but gave them 14 days as per the standard letter. Was I wrong in doing so?

mikkir

frugalpam wrote: »

Received a patronising letter from Capital One today in response to my LBA letter. They have said that they are 'confident that our fees are both fair and legal' and that the OFT ' haven't told us that we're obliged to refund any fees', that they are 'disappointed you're considering court action' and that 'I'm afraid I won't be refunding all of the fees as you've asked'. Finally they said that this was their final response, and they advised me to contact the FO !!!

I'm assuming this is yet another fob off - should I still file with MCOL? I'm getting so weary of all this hassle to get MY money back. They gave me a partial refund of fees, but I had written back to them to say that I would only accept it as partial payment, and without prejudice. That in itself makes claiming through MCOL more complicated as I'm not sure what I'm claiming now (they gave me the difference between £12 and £20)

Help, someone !!!

Pam

Pam I am about as far as you with the cap one claim, i used mcol against them and was served on the 7Th. I today got a letter of defence.
I work as a credit controller as a living and had to speak to mcol today regarding something to do with work, whilst on the phone i was told that are very busy due to the number of people now claiming but she told me that cap one are paying out on all the cases she has dealt with the day before final action is taken and they are using this as a delaying tactic to put people off by using court.She said they are defending all cases. Hope this helps.
Also iam £500 in red on my card (oops) does anyone know if they close your account as I use my for e-bay etc. thanks Mik

frugalpam

mikkir wrote: »

Pam I am about as far as you with the cap one claim, i used mcol against them and was served on the 7Th. I today got a letter of defence.
I work as a credit controller as a living and had to speak to mcol today regarding something to do with work, whilst on the phone i was told that are very busy due to the number of people now claiming but she told me that cap one are paying out on all the cases she has dealt with the day before final action is taken and they are using this as a delaying tactic to put people off by using court.She said they are defending all cases. Hope this helps.
Also iam £500 in red on my card (oops) does anyone know if they close your account as I use my for e-bay etc. thanks Mik

Hiya - thanks for replying and for the info
I was on a bit of a downer when I posted, wondering if I could be bothered, but woke up this morning with a firm resolve to get MY money back off them, so filed on MCOL. Its only for a couple of hundred pounds (plus interest) but every penny counts. It's also the principle of the matter that drives me on. Too many greedy financial institutions like the banks have got rich off our backs!

thanks again,
Pam

Warriorsith

Just to say everyone keep pursuing your cases, it took me about 3 months and the process of court action against Capital 1 but last week I got back near on £700 includes interest and the £80 court fee. They try to fob me of with £188 but I stuck to my guns, be prepared to spend some money for the MCOL charge but you'll get that back once Cap 1 once they agree to repay you.

Good Luck in your reclaiming.