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Capital One

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  • beckied
    beckied Posts: 151 Forumite
    Ive Just Sent Off The First Letter For Charges On My Credit Card,can Anyone Tell Me If They Have Done The Same And Wot Happened ,

    Hi just thought i would let you know what i have done just for information i sent for my statements on the 20/4 and recieved them by the 05/05 i sent them a letter on the 06/05 and phoned them on the 18/05 and they have told me they have made me an offer of £382.00 and it was sent out on the 16/05 so i should recieve it soon.
    Thing is i am going to refuse this offer as i have put in a claim for £1300. and find there offer insulting!!!
    That is my experience so far anyway!!
  • AMMONITE_2
    AMMONITE_2 Posts: 34 Forumite
    Hi Sent My 2nd Letter Saying Wasnt Satisfied With £152 Refunded To My Account When They Owe Me £555.
    Today I Recieved A Letter Saying That Was All I Would Get And That Cap One Would Not Discuss It Any Further.but I Can Take It To The Ombudsman.
    Do I Now Start Legal Action Or Leave It As It Is
    Please Help Any Advise Gratefully Recieved.
  • Kurt_Hamster
    Kurt_Hamster Posts: 791 Forumite
    You can leave it as it is and get nothing, or you can go the FO route, or the court route. It's entirely up to you.
    Hamsters have no tact and diplomacy, nor do they want any.
  • AMMONITE_2
    AMMONITE_2 Posts: 34 Forumite
    what does fo mean please
  • Kurt_Hamster
    Kurt_Hamster Posts: 791 Forumite
    1) What you say to the bank manager next time he wants more bank charges

    2) Financial Ombudsman
    Hamsters have no tact and diplomacy, nor do they want any.
  • beckied
    beckied Posts: 151 Forumite
    hi i wonder if anybody can help me!!!
    i have recieved a settlement of £382.00 this morning i am claiming for £1300.00 so i dont want to ecept this offer
    do i
    1) Take the offer in partial settlement
    2)Not take the offer at all and take them to court
    3) Wait to see what the ombudsman says and not sign anything
    Thanks in advance for any information you can give me on this!
  • Twinkly
    Twinkly Posts: 1,772 Forumite
    1) What you say to the bank manager next time he wants more bank charges....

    :rotfl: :rotfl: :rotfl: :rotfl:
  • Twinkly
    Twinkly Posts: 1,772 Forumite
    beckied wrote: »
    hi i wonder if anybody can help me!!!
    i have recieved a settlement of £382.00 this morning i am claiming for £1300.00 so i dont want to ecept this offer
    do i
    1) Take the offer in partial settlement
    2)Not take the offer at all and take them to court
    3) Wait to see what the ombudsman says and not sign anything
    Thanks in advance for any information you can give me on this!

    1) yes - write accepting it as partial settlement without prejudice and continue to court for the remainder
    2) If you wish
    3) If you wish

    :)
  • beckied
    beckied Posts: 151 Forumite
    Twinkly wrote: »
    1) yes - write accepting it as partial settlement without prejudice and continue to court for the remainder
    2) If you wish
    3) If you wish

    :)

    THANKS TWINKLY
    Can i just say if i take this as a partial payment and take them to court for the rest when i fill in my mcol will i need to take the money of the total:confused:
  • beckied
    beckied Posts: 151 Forumite
    Leaf wrote: »
    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,

    I have found your letter most intresting and i am borrowing it myself i hope you dont mind just wanted to know do i sign the form to get the settlement and send this letter with it or what?:confused:
    Thanks in advance
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