Reclaim Unfair Bank Charges article discussion Part II

katie1

HI , THIS IS THE REPLY I GOT FROM GRATTAN WHEN I REQUESTED MY STATEMENTS,

DEAR MRS BATES
I refer to your recent subjuct access request in which you requested copy statments for your account number xxxxxxxxxx. I am enclosing copy statements dated 29/3/01 - 27/7/01 which is all the satements held on our database. the account was then sent to bad debt.

I would point out that under consumer credit legislation we are justified in appling a charge where default od out payment terma has occured. The OFT considered the question of default charges in relation to store cards. It is questionable whether their finding apply to other forms of credit, including mail order, The OFt did NOT state that these charges were unlawful, but abouve it is questionable as to whetherthis findings applies to mail order.

I have interrogated our system and note ywo default charges of £5 on your account. as these charges are considerably lower than the OFT'S recommended £12 threshold, no refund will be payable.


what do i do now i cant get my statements so cant proof how much i was charged, but i do question if my account was sent to bad debt and i only defaulted twice why ?

any advice gladly recieved !!!

coal9011

Help required Please!

I want to start a County Court Claim against Capital One for CREDIT CARD charges on a closed account.

I understand that its still OK to issue claims for the return of credit card charges? My problem is what amount should I put on my claim? The details are:- TOTAL CHARGES = £491.00
INTEREST = £217.88
COURT FEE = £ 80.00 = TOTAL CLAIM £788.88

However, A default was registered on my credit file back in 2004 for £388 by Cap One and in recent times the LOWELL GROUP purchased this account.

I contacted Capital One back in May asking for repayment of these charges and they replied with a goodwill offer of £135 which I did not accept. As you can imagine Lowell have been relentlessly pursuing me for a defaulted account that is made-up entirely of penalty charges plus additional ones not shown.

The details above are for 80% of my credit card statements which were all I could find and really do not reflect the full amount, but I am prepared to go for that amount. I have asked 3 times (in writing) for a full list of penalty charges from Cap One but they refuse and just direct me to Lowell for these. Of course Lowell won't provide them and just demand that I pay them money!!!!!!!!!! :mad:

I have Just had another letter from Lowell demanding a lower amount (it looks like they have reduced the amount by the £135 Cap One offer that I did not accept) I have no intention of paying them any money! and it appears that Capital One & Lowell Group are playing "ping-pong" with me.
I am totaly Pi*sed off with them and want now to issue a claim! (as they date back to 2000)

SO, TAKING INTO ACCOUNT WHAT I HAVE SAID ABOVE; SHOULD MY CLAIM AGAINST CAPITAL ONE BE FOR £788.88 OR FOR A DIFFERENT AMOUNT?

Help will be very much appreciated.

advent

<!-- / icon and title --><!-- message -->Hi,
Successfully reclaimed £3241.46 from Nationwide.... But Capital One are being a nightmare!!!

Started claim with Cap1 for £174+ £66 interest. They refunded £66 goodwill straight to closed a/c to pay against balance they say is outstanding. Problem is that NCO collected the debt for them and in June 2005 I paid 50% of the balance outstanding in FULL & FINAL SETTLEMENT. Cap 1 say they have closed the a/c and are not chasing the balance they say is outstanding, but my credit report says "partial settlement" and still shows default. I have spoken to NCO who say I don't owe anything, and Cap1 who told me to ring a number that would help and turned out to be Debitas Legal Services. Spoke to Mr Coleman there. Explained everything and he said I had a very valid point and there shouldn't be a balance if NCO collected in Full & Final settlement. He agreed that anything I reclaim from Cap1 should be sent by chq to me and that my credit report should say "settled". He said to keep at them. My question is, is it worth paying the £30 mcol fee and taking the court route if Cap1 are only going to refund against the balance they say is on the a/c? Even if I get all charges back I would still have a balance according to Cap1. I don't agree and have told them so. I have asked for a chq direct to me but they said no..£66 goodwill is final offer and will be paid against outstanding balance. I should now go to mcol, but if its going to cost me £30 and I have nothing to show for it at the end, I'm not sure if theres any point. If I had continued to pay NCO at a monthly rate instead of taking up their offer where I paid 50% of the debt in "full and final settlement", I'd have almost paid it off by now and my credit report would then say settled not partial settlement!
Any ideas?
Should I pursue my money and am I right to expect a chq direct to me? If I knew that they couldn't refund against this so-called balance, after their agents accepting a full and final settlement, I wouldn't hesitate to pursue them. I expected "full and final settlement" to mean just that!

Any advice would be greatly appreciated. I really need to know if there is any point in pursuing this. Should there be an outstanding balance after a full & final settlement, or not? :mad:
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devans2

I received a letter today from the court containing lloyds defence and a letter stating:

without hearing

IT IS ORDERED THAT:-

The filing of an allocation questionaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise.

Note: any party affected by this order may under rule 3.3 (5) apply to have it set asside, varied or stayed. such a party must apply under rule 23.3 within 14 days of service of order.

What does this mean an what do I do next?

Any help would be much appretiated. THANKS.

lindilou39

does it say on the order that an allocation fee is payable within 14 days or (date given)? if not do nothing.

devans2

I recieved a letter today from the courts containing lloyds tsb's defence and a letter stating:-

without hearing

IT IS ORDERED THAT:-

The filing of an allocation questionaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise.

Note: Any party affected by this order may under rule 3.3 (5) apply to have it set asside, varied or stayed. Such a party must apply under rules 23.3 within 14 days of service of this order.

what does this mean, any help would be much appretiated. THANKS.

Jayneo_2

jonesys wrote: »

Jayneo,
i have also been messed around. Iam due in Llanelli court on Tuesday and didnt find out until yesterday that the judge had agreed the stay. i would be really grateful if you could PM me the legalities you stated on your letter to the judge. i have noted my opinion on why the stay should be overturned includeing my hardship but am still a bit stuck on the legal side of it. Hope you can help? and good luck

Hiya Jonesys,
What is it with Wales!!! I really didn't know what to put in the letter we wrote. I quoted the usual unfair under the trades description etc etc. but then I got stuck! I couldn't find any guidance here or on CAG website. Basically I said that I'd been 'researching' since February, it's a relatively small amount, and that we'd come so close to the actual court date that I felt it was unacceptable. The biggy for us though was that HSBC hadn't even filed any defence despite us getting our court bundle into the court and solicitors, recorded delviery and on time. The bloke in listings implied that HSBC had made an error by not doing this.:p Because it was so hurried I'm not sure if I said/wrote the right things and there was only the one section covering 'legalities' - the rest was plain begging!!! It's so frustrating getting this close and I can't believe how much time it's taken up. I read the success stories (well done everyone) and read that HSBC (and the others) have been paying out near enough straight away without even threats of court action coming into the equation. Why me!!:eek:
Anyway - good luck to you - keep in touch - we need to be supporting each other!:o

jonesys_2

Jayneo wrote: »

Hiya Jonesys,
What is it with Wales!!! I really didn't know what to put in the letter we wrote. I quoted the usual unfair under the trades description etc etc. but then I got stuck! I couldn't find any guidance here or on CAG website. Basically I said that I'd been 'researching' since February, it's a relatively small amount, and that we'd come so close to the actual court date that I felt it was unacceptable. The biggy for us though was that HSBC hadn't even filed any defence despite us getting our court bundle into the court and solicitors, recorded delviery and on time. The bloke in listings implied that HSBC had made an error by not doing this.:p Because it was so hurried I'm not sure if I said/wrote the right things and there was only the one section covering 'legalities' - the rest was plain begging!!! It's so frustrating getting this close and I can't believe how much time it's taken up. I read the success stories (well done everyone) and read that HSBC (and the others) have been paying out near enough straight away without even threats of court action coming into the equation. Why me!!:eek:
Anyway - good luck to you - keep in touch - we need to be supporting each other!:o

Jayneo,
Thanks for that.
Im going to post my letter into the letterbox of the court myself this afternoon. The judge isnt around until Monday afternoon so ill be ringing them to find out whats happening. i will let you know the outcome, but to be honest dont think i'll get anywere i have to be the most unluckiest person around. Even my mates say how unlucky iam. I was totally gutted about the whole thing as i could really do with the cash but hey what will be will be. If i get it it will be a huge suprise and shock. Thanks again to everyone for their support.

nowayjose_2

Jayneo,

My claim has been transferred from Pontypridd to Cardiff.. afer looking on the CAG site it looks as though I will be lucky to get a date for a hearing by Xmas.. that is if it not stayed...I received the letter from Abbey which states that it will be requesting a stay on the claim...I will be watching to see how you get on.....

Good Luck

NWJ xxx

tres01

recieved a letter today from the courts containing lloyds tsb's defence and a letter stating:-

without hearing

IT IS ORDERED THAT:-

The filing of an allocation questionaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise.

Note: Any party affected by this order may under rule 3.3 (5) apply to have it set asside, varied or stayed. Such a party must apply under rules 23.3 within 14 days of service of this order.

Usually an allocation questionnaire has to be completed before a court date is given - this letter is saying that unless the judge allocated to the case orders one then the questionnaire doesnt need to be completed. I got the same letter. Did you complete your claime online? When i received the letter i called the court and was told i didnt have to complete the questionnaire (or pay the extra £100 which is payable with it) I assume that as there are so many cases the courts are getting bogged down with paperwork.

Only 2 days before my hearing - i have the defence prepared in case HSBC try to get a stay. I havent received any communication from them since i started the claim. Fingers xed they pay up!