Credit Card Reclaiming Discussion

Edinburghlass_2

Yes they can, any monies reclaimed will be put towards the debt no matter who now holds it.

homerpar

first time post so please bare with me. capital one has sold my closed account to debt recovery comany Robinson way, who do i send the letter too to reclaim the charges, any help please.

Edinburghlass_2

Capital One but do be aware than any monies reclaimed will be put toward the debt no matter who now holds it.

ed-xpert

Capital One claim

Amount claimed £980
Amount offerred £316

On the 15th October 2008 i sent my 2nd letter to Capital One threatening court action should they not refund my money including interest (in my letter i was prepared to accept a lower amount in full and final settlement).

On the 21st October 2008 i received a reply. It states the original settlement they offerred which was approx 1/3 of what i claimed for, is their final offer, and it still stands. The letter states the OFT hasnt told them (Capital One) that they are obliged to refund any default sums, and they've offerred me the £316 as a gesture of goodwill. The letter also states that it is their final response to this matter and my option now is to either accept their offer OR contact the OFT.

What shall i do now ? Is it worth me going to the OFT ? Capital one are happily suggesting i do ?????? Would i be in a good position to win the claim against them ?

Thanks in advance for your help, really really appreciated !!!

ed-xpert

dragonfly1977 wrote: »

It is personal choice and you should do what you feel most comfortable doing. I rejected my offer of £180 as my original claim was for £700+ and i felt this was a very low offer. My offer letter said that if i was to accept the £180 i needed to sign the settlement form which would close the claim, so if you do accept your offer of £316, make sure that you state that you are willing to accept this as part settlement only and do not sign the settlement form, just maybe write a letter explaining that you intend to claim the remainder via the courts or FOS.

I would again request the full £980 PLUS the 8% statutory interest (use the calculator on the reclaim page) because they will pay up every penny in the end.

Let me know how you get on

Capital One claim

Amount claimed £980
Amount offerred £316

On the 15th October 2008 i sent my 2nd letter to Capital One threatening court action should they not refund my money including interest (in my letter i was prepared to accept a lower amount in full and final settlement).

On the 21st October 2008 i received a reply. It states the original settlement they offerred which was approx 1/3 of what i claimed for, is their final offer, and it still stands. The letter states the OFT hasnt told them (Capital One) that they are obliged to refund any default sums, and they've offerred me the £316 as a gesture of goodwill. The letter also states that it is their final response to this matter and my option now is to either accept their offer OR contact the OFT.

What shall i do now ? Is it worth me going to the OFT ? Capital one are happily suggesting i do ?????? Would i be in a good position to win the claim against them ?

Thanks in advance for your help, really really appreciated !!!

georgie262

I have had my bank account effectively closed down and can only pay money into it now and not withdraw. Will I still be able to apply to have my charges given back?

eso_3

ed-xpert wrote: »

Capital One claim

Amount claimed £980
Amount offerred £316

On the 15th October 2008 i sent my 2nd letter to Capital One threatening court action should they not refund my money including interest (in my letter i was prepared to accept a lower amount in full and final settlement).

On the 21st October 2008 i received a reply. It states the original settlement they offerred which was approx 1/3 of what i claimed for, is their final offer, and it still stands. The letter states the OFT hasnt told them (Capital One) that they are obliged to refund any default sums, and they've offerred me the £316 as a gesture of goodwill. The letter also states that it is their final response to this matter and my option now is to either accept their offer OR contact the OFT.

What shall i do now ? Is it worth me going to the OFT ? Capital one are happily suggesting i do ?????? Would i be in a good position to win the claim against them ?

Thanks in advance for your help, really really appreciated !!!

My advice would be to issue a claim via MCOL ("Her Majesty's Courts Service Internet based service for claimants and defendants") for the full amount, plus interest at the 8% statutory rate. This will cost you £60 if your claim totals £500-£1000, or £70 if it's £1000-£1500, which you'll also get back if/when you win.

I did this after receiving the exact same letters as you and everything went exactly as expected... Capital One acknowledged the claim and said they would defend in full. Two and a half weeks later I received letter from them saying "although we have acted in accordance with our terms and conditions and do not accept liability for your claim, blah blah, in order to avoid a court hearing we will refund the full amount".

All the info about what you need to write when making the claim and how to go through the process (you can also do it at your local court if you prefer) is available on the forum. I'd never done anything like this before and didn't have a clue about what to do but it in the end it wasn't difficult at all.

Based on my experience and what I've read on this forum, I'm almost certain you'll get the same result. So to sum up, my advice would be don't accept the less than a third "goodwill gesture" and go for the full amount .

Dougalpops

Edinburghlass wrote: »

Yes they can, any monies reclaimed will be put towards the debt no matter who now holds it.

If the money was incorrectly charged by the credit card company in the first place, why can't the overcharges be sent to the individual instead of the debt collection company? I realise the debt must be paid, but surely the money was taken illegally by them in the first place, and may have contributed to the overall debt? Is there no way the money can be returned to the individual so they can decide where it goes?

Absolut_Wench

ed-xpert wrote: »

Capital One claim

Amount claimed £980
Amount offerred £316

On the 15th October 2008 i sent my 2nd letter to Capital One threatening court action should they not refund my money including interest (in my letter i was prepared to accept a lower amount in full and final settlement).

On the 21st October 2008 i received a reply. It states the original settlement they offerred which was approx 1/3 of what i claimed for, is their final offer, and it still stands. The letter states the OFT hasnt told them (Capital One) that they are obliged to refund any default sums, and they've offerred me the £316 as a gesture of goodwill. The letter also states that it is their final response to this matter and my option now is to either accept their offer OR contact the OFT.

What shall i do now ? Is it worth me going to the OFT ? Capital one are happily suggesting i do ?????? Would i be in a good position to win the claim against them ?

Thanks in advance for your help, really really appreciated !!!

I was in the same position with Capital One, and referred it to the FOS after receiving their final (very low) offer. After the FOS got involved, Capital One refunded all charges and interest rather than have an investigation into their practices.

All in all it took about three months with the FOS.

Hope this helps, good luck whichever route you take.

moodynoodles

Arrgh have calling and writing letters but no statements arriving in the post, i decided t givve amex one more call. They siad that i have to pay £10 per statement is this correct, i thought it was just £10 per request? or am in being ripped off more money#?:mad: