Thanks for your help on this this mel is exactly what i want, if you could gimme some help with the n1 i would be most gratefull.

Ok thanks mel i think i am on track first thing i did was get my statements before any letters. So i will send them another letter declining thier offer, then its the n1 form, il copy yours change some details. Thanks.

What i have done so far is ask for the charges to be repaid that was my first letter, thats not shown, they sent me a reply offering £370, so i sent that first letter in the posted here turning down thier offer, the second letter in the post was sent a few days later asking them to supply a copy of the defualt notice that i never recieved in the first place, i thought my next step was to carry out court proceedings i did threaten i would in the letter within 14 days its past that now, I have just recieved another letter from them and they are not moving from the £370. Now im a little lost when you mention S.A.R Request,dont know what that is and what its for and a c.c.a Request dont know what that is either. Sorry to sound a little stupid but this is all new to me so im so glad your here to help.

Well done you i say!! I got the very same thing going on the defualt and the charges, check my link and some advice from a winner would be perfect:) Any one looking at this thread please check mine out tell me if im on the right track ready to submit to the courts now. http://www.consumeractiongroup.co.uk/forum/capital-one/66042-court-action-next-step.html

Hi just had second letter from cap 1 offering me a measly £370 so my next step is court action, also i am contesting a defualt which they have totally ignored in thier letters. Below is a copy of my refusal letter of which i clearly mention the defualt,i also sent them another letter of which clearly states my legal rights re the defualt, i have included that in this thread. What is my next step the 30 days i mentioned is nearly up,just carry on with the court proceedings i asume. Letter1 Response to settlement offer. Dear Sir Thank you for your letter dated 19/01/2007. I have considered your offer but I respectfully decline your offer of settlement and request once again that you return to me all charges imposed on this account, totaling over £1500 including interest I will accept the sum offered £370 only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary. I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law, I repeat I do not believe the charges were lawful, even by you reducing your charges to £12 I still believe them to be unlawful and is not proportionate with the cost incurred by the bank I have read all the information on the website below www.moneyclaim.gov.uk/csmco2/index.jsp I am prepared to take this to the courts if I am not satisfied, If you wish to carry this through to the court I will be writing to the judge requesting a full Disclosure of your fee structure as it is still my belief that your charges are in fact a penalty and not a true reflection of your costs.Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosities caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.In addition to full payment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.I require repayment in full of this money and removal of the default notice. Hopefully you will reply within 5 working days as stated on your leaflet and website, all my letters will be recorded delivery for evidence, If you do not reply within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice. I trust this clarifies my position Yours faithfully Letter 2 As you may be aware I am currently contesting the unlawful bank charges on this account also the default notice against this account. Below is a request for a copy of the notice Capital One has placed a "Default" notice against an account in my nameFurther to this I have no recollection of ever receiving such a notice only a threat over the phone, and I therefore require you to substantiate this data. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1). Your obligation also extends to providing a statement of account. 2. You must supply me with a signed true and certified copy of the original default notice, along with evidence of serving the notice i would request that this data is provided to me within the Statutory Period Allowed of 12 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiatedPlease note, as you may be aware, if you fail to comply with this request within the 12 day timescale, and fail to deliver to me within 30 days of my request the documents requested, you will be committing a criminal offence. I will have no hesitation in taking out court action if you fail to comply, which could be both costly and embarrassing to your company. I have worked out my total claim to a total £1689.98 i have sent a copy to cap 1 using the templates on the site this includes 8% on each charge from the date the charge was incured, i also have included the interest they charged me and added 8% to that aswell is that ok? as i said next step court do people think my claim is ok?The letter i just recieved is just a repeat of the first one with no mention of the defualt,do they even bother to read our letters is Mr.Udy just an automated robot lol? just like his charges automated. i am ready to fill in my claim on (MCOL) some help needed to boost my confidence and a few remainders, soon as guys please. Thanks

My next step is taking them to court they offered me £370 sent a letter turning it down and to tell them i will be starting court proceedings in 14 days.

A little help needed, i have downloaded a template to calculate my charges with capital one. The charges where always £20 late payment and £20 over limit fees and interest charged on top i had a £200 limit they charged me over £1500 in charges and interest. I have cleared the account but im claiming it all back,so what i do is date the charges late payment and overlimit fees calculate the interest from the date 2003 by the way is that right.Do i do the same with the interest that was charged?

Yeah i am up for this i had a default from them plus £1500 in charges, interest this was from a card i had a £200 limit on im so glad we can now do something over these blatant rip off charges from banks i urge everyone to take them all the way. Just turning down thier pathetic so called goodwill offer of £370,so anything i can do to get these lot back i will be there 100%, it will be a good idea for a template letter to be drawn up for us all to use.

i will cut to the chase, i recieved a goodwill offer of £370 from capital one my total charges were over £1500 i also had a default which i dont accept, i am turning this down ive wrote a letter taking bits from this site and others its bellow what do people think? Response to settlement offer. Dear Sir Thank you for your letter dated 19/01/2007 I have considered your offer but I respectfully decline your offer of settlement and request once again that you return to me all charges imposed on this account, totaling £1500 including interest I will accept the sum offered £370 only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary. I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law, I repeat I do not believe the charges were lawful it is estimated that a bank charge costs around £2-50 so even by you reducing your charges to £12 I still believe them to be unlawful and is not proportionate with the cost incurred by the bank I have read all the information on the website below www.moneyclaim.gov.uk/csmco2/index.jsp and I am prepared to take this to the courts if I am not satisfied, If you wish to carry this through to the court I will be writing to the judge requesting a full Disclosure of your fee structure as it is still my belief that your charges are in fact a penalty and not a true reflection of your costs. Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosities caused directly by the taking by you of penalty charges which you had applied unlawfully to my account. In addition to full payment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable. I require repayment in full of this money and removal of the default notice. Hopefully you will reply within 5 working days as stated on your leaflet and website, all my letters will be recorded delivery for evidence, If you do not reply within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice. I trust this clarifies my position. Yours faithfully

The more people tell me go for more the more i will, anybody had any claims with capital one?

I have been awarded £370 from capital 1 out of total charges and interest of £1500, I am tempted to take it but I feel I should go for more, I had a £200 limit my total charges with interest came to over £1500 they gave me a hard time when I didn’t need it I even had a default which I am asking to be taken off my credit rating, so what should I do, any advice welcome, mostly on the below subjects. 1. Can I claim back the interest they charged? 2. Will I have any joy asking for my default to be removed? 3. Should I go for more or take the money and run? Thanks in advance Rich