Well, just filed the Moneyclaim for Monument. Total including interest is £160.92. Got OH to press send when he came home for lunch. Thought he should have the honour of doing it seeing as its his claim! Not going to file for Capital One or Barclays until we have got the £100 cheque that Cap One has promised due to funds being a bit tight. Should be here by this weekend or early next week. Oooh, tis exciting!!!

I worked it out last night and by refunding £140 so far (well, just waiting for the cheque for £100) they are actually doing me a favour. Obviously it would be nice to get it all back sooner, but hey ho. My claim with Cap One was for £436 but will be £296, so court fees dropped from £50 to £30. The £140 will pay for the court fees for Cap One (£30), Monument (£30) and Barclays (£80). We are currently applying for a 0% on purchases and balance transfers credit card to pay the £100 per claim if/when we get to court questionnaire stage. Thanks for the support and heres to getting our cash back.

Well, it looks like they did receive the LBA letter. Received further correspondence from the infamous Robert Udy... "Thank you for writing to us again about the fees we've added to your account. I am sorry to hear that you're unhappy with my refund of £40, and I understand you still feel that we should refund all the fees we've added. You mentioned you still feel the fees we've charged are unlawful at common law. As I explained in my last letter, when we opened your account, we sent you a credit card agreement which stated these fees. By signing and returning this to us, you agreed to the terms and conditions for the account. However, I've looked at this again, and to help you further I've refunded another £100 back to your account. Because your account is closed, I've arranged to have a cheque sent to you. You'll receive this within the next 21 days. I'm afraid I'm unable to refund anymore fees for you and this is the final offer we can make to resolve things." So, £100 to add to the £40 already received!! Result!

Well done, that sounded relatively painless!! Don't forget a donation to the cause!

Though by Mr Udy replying with the standard bog off letter, shouldn't that be sufficient to say that Capital One have considered and refused to pay up? They don't say they are looking into the matter or anything, so I would personally say that although the usual procedure of Prelim letter, then LBA letter hasn't been followed in this instance, sufficient time to consider has been given as they have obviously looked into it (well I know they haven't really, just sent out the standard letter, but it would look to a court that they have) and refused to admit any wrong doing.

As far as I can see, Barclays are going down to the wire now with pretty much all claims, so as others have already advised, stay on track with your deadlines. Is it just the preliminary letter you have sent? If so get the LBA letter sent off quick smart.

I know its a pain in the bum, but it might be just as well to resend your letter so as to speed up your claim. They will drag their heels as much as possible to try and delay things, so for the cost of another recorded signed for you may as well. Still get them to send your letter back to you and if it is signed you can try and claim the cost of having to resend it with your moneyclaim.

I must say its really very nice of Cap One to be giving us the money to file our claims isn't it, , shame some of the other banks and cards aren't as generous!!

Its your call, but if you have already filed your court claim and paid the £30, it would be worth refusing their part refund and holding out for the full whack. As far as I am aware, no Capital One case has actually gone to court yet, so you will get your money. You just need to have faith!!

Aaargh, Royal Mail muppets! Not sure if this would be a problem, but when checking on RM's track and trace, the guy at the post office has stuck the Cap One sticker onto the Monument letter. It doesn't say on the sticker that it was intended for Cap One, but its not showing as delivered yet and if it doesn't arrive will I be able to chase it with RM? Cheers.

Capital One have admitted in writing that some of their charges are automated in the letter we received back in response to our preliminary approach. "To explain, we automatically add late payment fees if your payment is missed, arrives late or isn't enough to cover your minimum payment." Just reading that again, though and it could be a bit ambiguous, so it might not mean that they are automated?

No, only sending a cheque for £40. Well at least thats £40 closer to the total they owe of £436 and will help with court fees.

If it helps, we got a reply the day I sent the LBA letter. They do tend to be a bit slower than the others, but they at least addressed the concerns rather than just sending out a completely irrelevant sorry for your complaint letter.

Haha!! A bunch of w..........!

You should be able to. If you click on edit in your first post, then go advanced you should then be able to amend the thread title. Click save to finish. Hope this works!

Well! Got a reply from Capital One in response to the Prelim Letter. Basically thanking us for taking the time to write to them and saying sorry that we think the fees are unlawful. "To explain, we automatically add late payment fees if your payment is missed, arrives late or isn't enough to cover your minimum payment. We'll add overlimit fees if your balance goes over your agreed credit limit, which is £1000. When we opened your account, on 19 April 2002, we sent you a credit card agreement which states these fees. By signing and returning this to us, you agreed to the terms and conditions for the acount. Our fees are in line with other banks and financial institutions and as you are probably aware the OFT are not challenging the right of Banks to charge default fees, but merely the level of those charges. We disagree with the OFT's analysis and believe that our current fees are both fair and legal. However, as a matter of goodwill, I've refunded two back to your account. Because your account is closed I've arrange(d - naughty Mr Udy, sp!) for a cheque to be sent for £40. You'll receive this within the next 21 days." Etc, etc. "Please accept my apologies for the inconvenience this has caused and I'm sure we'll be able to put this experience behind us." !!!!!!!!!! We posted the LBA letter yesterday with the full amount owed. With the fact that they are refunding £40, should we (once it is safely banked, lol!) write to them to update the figure or just put the amended amount into the Moneyclaim form when we get to that stage? Also, I've highlighted a couple of interesting points in the letter. Firstly, admitting that at least the late payment fees are automatic. Secondly, the mention that the OFT are not challenging the fees in themselves, but the level. Finally the bit that really cracks me up, is the last sentence. Yeah sure, we'll put the matter behind us WHEN we get a full refund of the money they owe us!

We only started getting charged fees from November 2002. The card was open for longer than March 2005, but again no fees there. Thanks for the support!

Update: LBA letter written, printed off and ready to go recorded signed for tomorrow. Will be interesting to see if we receive any response to this one.

Update: No reply received from Capital One. LBA letter written, printed off and ready to go recorded signed for tomorrow.

Update: LBA letter typed up, printed off and due to be sent recorded signed for tomorrow. Looking forward to a response to this one!

To be honest I just wouldn't sign any sort of confidentiality clause. You don't have to and therefore there would be no penalty if you did accidentally let something slip.

They never learn do they!!

Hi, Its when you complete the Moneyclaim bit that you add on the 8% interest as calculated on the spreadsheet. So the total bank charges, plus whatever the 8% interest is. Good luck and keep us posted! Edit: Sorry I think I misuderstood! Do you mean at what date do you calculate the 8% interest up to? If so, I assume the date you file the moneyclaim. Not sure about whether it would continue to add up whilst waiting for a court date. I'll leave that to someone more experienced!

Due to post the LBA letter tomorrow! Had nothing back from Monument at all, unlike the others who at least sent a standard blah blah blah letter.

Thanks! I was beginning to get worried seeing all those concluded cases!