Capital One

DAVECHUNK

hi all i had a offer of £120 out of a £312 claim have sent back a letter saying i would except it as a part payment but i start court proceedings if i dont get the rest of my claim minus the £120 offered will wait and see if i hear anything given them 7 days to respond let you know how i get on

SUGARSPICE

Hi

Im claiming from Capital One.

Im at the stage where they have offered me less than half of my money in which they owe me & that this is their Final Response.

Ive been sending the letters from the Money Saving Expert Website but I cant seem to find the next letter to send to the Bank to inform them that Ive filed Court Action.

1.Does anyone know which one it is? Is it the one where it states the sentences numbered 1-5?

2.Does anyone know how much court fees would be on top £1,236 that I am claiming?

3.Do I claim from the date of the 1st charge plus 6 years?

4.Im a bit confused with the adding interest part.Which way do I do it? When I use the calculator on this website where you fill in Charge & Date Of Charge from your statements at the end it totals £1,572.

But if I was to do it as £1236 + 8% it totals £1,334.88

I need to get this sorted ASAP as I want to File for court tonight.So Many Many Many Thanks to whoever can get back to me with the answers.

Stephen_Leak

SUGARSPICE wrote: »

Hi

Im claiming from Capital One.

Im at the stage where they have offered me less than half of my money in which they owe me & that this is their Final Response.

Ive been sending the letters from the Money Saving Expert Website but I cant seem to find the next letter to send to the Bank to inform them that Ive filed Court Action.

1.Does anyone know which one it is? Is it the one where it states the sentences numbered 1-5?

2.Does anyone know how much court fees would be on top £1,236 that I am claiming?

3.Do I claim from the date of the 1st charge plus 6 years?

4.Im a bit confused with the adding interest part.Which way do I do it? When I use the calculator on this website where you fill in Charge & Date Of Charge from your statements at the end it totals £1,572.

But if I was to do it as £1236 + 8% it totals £1,334.88

I need to get this sorted ASAP as I want to File for court tonight.So Many Many Many Thanks to whoever can get back to me with the answers.

1. There is no letter, because you don't have to send one. They will find that you've carried out your threat when Money Claim Online serves your claim on them.

2. Off the top of my head, £120? The table of charges should be on the Money Claim Online website.

3. For the court claim, the Limitations Act 1980 states that it is 6 years from the date your court claim is issued.

4. You need to work out the interest for each charge and from the date it was raised. The interest on a charge raised in June 2001 is going to be more than the interest on a charge raised in June 2007. Print off at least 3 copies for your court bundle, just in case.

Please don't rush filing your Money Claim Online claim. The well-publicised problems a few people have had recently were down by poor preparation at this crucial stage. It could also cost you a non-refundable £35 to put any errors right. You can save it as you go along, so if there is anything you need to ask, you can post it on here first. I even recommend drafting the description of your claim, known as the Particulars of Claim, on WordPad or Word and then copying & pasting it into the form when you've got it word perfect.

Please read the Reclaim Bank Charges Help thread for information and the Reclaimed Bank Charges Success Stories and Reclaimed Bank Charges Success Stories II threads for inspiration.

SUGARSPICE

Thank you Stephen

Would you mind getting back to me with the following:

1.Where you say to claim from the date the court claim is issued,do you mean from the date you finish & submit the claim on the MoneyClaim site? If so,this is gonna mean that I will be claiming less than originally thought now because my charges in 2001 were £18 & £20 where as near the end in 2007 they are £12 charges.Am I going to be claiming less now or have I got it wrong?

2.Where you say about working out the interest for each charge from when raised do you mean to work this out by using Martins calculator on his website?

3.I dont get what you mean by your last paragraph Drafting Decription Of Claim etc etc.

4.Do you think Im less likely to get my money back from Cap One out of court because they now know that lately people are not prepared properly.So the bank will turn up? If you get what I mean (To make us look silly) .

Stephen_Leak

SUGARSPICE wrote: »

Thank you Stephen

Would you mind getting back to me with the following:

1.Where you say to claim from the date the court claim is issued,do you mean from the date you finish & submit the claim on the MoneyClaim site? If so,this is gonna mean that I will be claiming less than originally thought now because my charges in 2001 were £18 & £20 where as near the end in 2007 they are £12 charges.Am I going to be claiming less now or have I got it wrong?

2.Where you say about working out the interest for each charge from when raised do you mean to work this out by using Martins calculator on his website?

3.I dont get what you mean by your last paragraph Drafting Decription Of Claim etc etc.

4.Do you think Im less likely to get my money back from Cap One out of court because they now know that lately people are not prepared properly.So the bank will turn up? If you get what I mean (To make us look silly) .

No problem.

1. Yes, by the strict letter of the law it does have to be exactly 6 years back from the day you submit your claim. (However, if gets to a hearing, the judge will read all the previous letters and, if he sees that you haven't included a couple of charges which have "lapsed" because of the banks delays, he might add them back in again.)

2. Yes, use Martin's online calculator and do a some spare printouts.

3. This is a written description of what you are claiming and why. It is really the heart of the claim. If you can get this right, using the information and templates on here, the success of your claim is as certain as anything can be. I prepared mine using a word processor program (if you don't have Word, use WordPad, which is part of Windows). When I'd filled in all the necessary details, I copied it into the MCOL form.

4. Absolutely not. Quite the opposite, in fact. The two recent "losses" (and its only 2 out of ten thousand successful claims!) have made people more careful.

The bank’s solicitors won’t turn up. They daren’t. The last thing they want is to have to answer some potentially very expensive questions, such as just how little it does cost them to administer a late payment, overdraft, etc.
However, this doesn’t mean that you “win” automatically. You still have to show to the judge that you are due your charges back.

And lets not forget that they will almost certainly try to settle before it ever gets to a hearing.

Now, I know that this is a lot to take in all at once. I felt exactly the same when I was doing my court claim. Go onto the the Reclaim Bank Charges Help thread, click on the link to the thread for MINT and have a look at some of my posts when I was working through my MCOL form!

If you have any further questions, post them or send me a private message.

janeo1960

I have recently received £3979 as a "goodwill gesture" from RBS and am thrilled to bits. I am now considering doing the same with Capital One who charged me a fortune for late payments (around £1,000 in total). Can I claim these back????

Twinkly

janeo1960 wrote: »

I have recently received £3979 as a "goodwill gesture" from RBS and am thrilled to bits. I am now considering doing the same with Capital One who charged me a fortune for late payments (around £1,000 in total). Can I claim these back????

Blimey if £3979 is the goodwill gesture I would hold out for the full amount ! To answer your question yes, you can reclaim Late Payment fees from Capital One and Overlimit fees too. They tend to automatically refund the difference between the OFT figure of £12 and whatever you were charged. Again though, you can hold out for and get the lot. Good luck

johnnynonails

DAVECHUNK wrote: »

hi all i had a offer of £120 out of a £312 claim have sent back a letter saying i would except it as a part payment but i start court proceedings if i dont get the rest of my claim minus the £120 offered will wait and see if i hear anything given them 7 days to respond let you know how i get on

hi dave i have a closed account and asked for my money back of £1240 got a offer of £424 so i said i would accept this as part payment , i sent the letter back on the 5th and phoned to day the lady on the phone said i wouldnt get my good will jesture till the end of june takes about 3 weeks she said, so i wouldnt hold ur breath for a answer in the next 7 days but good luck thanks jill

Twinkly

AndyLGR wrote: »

I've have had 3 accounts with Cap 1.

One is still open.

One is closed.

One was transferred to a collection agency last year.

Am I within my rights to ask that they send a cheque for the amounts that I am recalaiming? They want to credit my account that is open and also credit the account that is with a collection agency.

Ok a bit tricky but here's a few pointers.

The account that is open cannot be credited without them issuing a default notice and you must either be paid by cheque or the monies allocated to the account that is with the DCA. If the account that is open is paid up to date and within the terms of the agreement then they cannot force early repayment in this manner.

To credit the open account is contrary to The Consumer Credit Act 1974 which states:
PART VII
DEFAULT AND TERMINATION
Default Notices
87.—(1) Service of a notice on the debtor or hirer in accordance with section 88 (a "default notice ") is necessary before the creditor or owner can become entitled, by
reason of any breach by the debtor or hirer of a regulated agreement,—
(b)
to demand earlier payment of any sum


However, the account that has been passed to a debt collection agency is a different matter. In this the Right Of Set Off applies. Please see here for more information on this:Right Of Set Off

Basically the money must be due and payable before they can automatically take it. If you have an arrangement to pay the DCA and it is up to date and not in arrears then they cannot apply the Right Of Set Off. If it is in arrears then they can.

Providing the DCA account and the open account are within any written agreements for repayment then there is no grounds for them retain your monies. You should be entitled to a cheque paid directly to you.
You would be advised to contact the Financial Ombudsman for further advice on your own particular situation but I have given a starting point and food for thought. I would fight any attempt to retain my refund if it were at all possible to stop them taking it

moonriver

Hi Guys

1. Sent letter claiming charges £600+ excl. charges to Cap One 31/5/7
2. Rec'd offer today of £248.
3. Not accepting.

I am writing to Cap One to advise that I will only accept this as part payment (without prejudice).

My question is ... since I am in Scotland do I file thru' MCOL or Small Claims or FO? Also, anyone out there have experience of the Scottish side with Cap One.

Advice greatly appreciated.