Cheque in bank Sat am - Awsome !!!!!!

Oh poor Darling Darwin That's what they said to me but turned at the last min... Best of luck anyway. Just waiting for cheque now......

HOOOOOOOOOORAY for you Kate As Above for Crimbo etc and best of luck with all your ventures and thanx for your help Pixl xxx

Well its been a long wait but its over :grin: Last week received the standard letter from Cap One offering me settlement in full, no liability blah blah - apparently on the last day of the deadline due to their stalling. They said they would credit my account which was not much use to me as it would just be swallowed up in arrears. I wrote back... Hayley Marriott, Executive Office, Capital One Bank (Europe) plc PO Box 5281 Nottingham NG2 3HX 31/10/2006 Re: Request for repayment of charges ACCOUNT NUMBER: xxxx Dear Hayley, I am delighted that you wish to settle my claim. I will cancel the court claim number xxxxx as soon as the funds are in my possession. I would however ask that you pay me by personal cheque rather than credit my account. Should this be acceptable please amend your letter of acceptance enclosed and I shall sign and return forthwith. I will continue to pay off my account at the arranged £140.00/month until I am in a position to pay off my account in full. Thank you for your cooperation in this mater, I look forward to your response. Sincerely, The Mixer. Received yesterday a letter agreeing to my terms saying a cheque will be in the post and I should recieve it within the next 14 days. I should then sign the acceptance letter and cancel MCOL and they will do the same. One more for the CAG ;-) I shalll be making my donation when the cheque has cleared and I'd just like to thank everyone here who helped and gave me the confidence to follow through. God luck to everyone with you claims. The Mixer x

Hi Chris, Yes, guess we all have - it's their standard reply, don't worry. Take no notice and continue with your time line. They are paying...

Hi Amanda - hope not too late... Here is what to put in the very limited space in the MCOL particulars of claim - to the letter! Just fill in the red bits and dont change anything else. GOOD LUCK! 1. The Claimant has an account xxxxxxxxxxxxxxxx with the Defendant, opened xx/xx/xx 2. Since xx/xx/xx the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Contract Terms in Consumer Contracts Regs 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £xx.xx; (b) Interest per S.69 County Courts Act of 8% - £xx.xxcontinuing at 8% until judgment or settlement at a daily rate of £xx.xx; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court. You will need to send by post to MCOL your printed spread sheet too but you have like 28 days to do this ... (You'll find this in the templates section along with a simple equation for working out the interest at the end.)

Thanks thailand, damn spell checker..... Well, times up so took the plunge and started MCOL today. Was hoping for letter in post this morning since claim is for such a poultry amount (well to them anyway) but nothing. I expect now that they will withdraw their early settlement offer of a £500 discount which sort of negates the whole business really but a principal is a principal and once started must see it through. Heres to an early settlement, Pixl.

CONGRATULATIONS - Hooray for you Mr Mean ;-) It's great to see they're still paying up (or should that be playing). Just don't cancel the claim till the moneys in your hands...

Uber!!! ;-) Brilliant news...

Thax Crusher for the letter and reasurance. I have given Mr Udy another 14 days to respond - see letter in my thread - by which time I'll be able to afford the court fee and, newly encouraged, I will see it through to the end...

Hi and Thanx Darwin for your resurance - and the other posts too. I have compiled and posted this today and am going to continue with my claim and stop been a winer! Mr. Robert Udy, Capital One Bank (Europe) plc 250 Euston Road London NW1 3JJ 19/09/2006 Re: Request for repayment of charges ACCOUNT NUMBER: xxxx REF: xxxx Dear Mr. Udy, In response to your letter of the 06/09/2006. I would like to answer the points raised in your letter. Firstly you say that the OFT have said that £12 is a figure that is “likely to be fair”. In reality £12 is the mark at which the OFT feels they will be compelled to intervene, therefore the true cost is well below this figure. You also state that your charges are in line with other cards. This well might be the case, but it does not make the level of the charges fair, it just means that these other institutions are also charging unlawful charges. As it happens, M&S money charge £5 which is still too much, but does demonstrate that £12 is excessive. I do not believe that it costs even close £12 to “write” a letter or go over a limit, and I do not believe that a judge will either. I calculate that you have taken £250.93 (see attached) in total. Of course I will accept your offer of £64.00 towards this full amount leaving £186.00 outstanding. I require repayment in full of the outstanding money. As a gesture of good will I will grant you a further 14 days in which to do so bringing my deadline to the 04/10/2006. That is a reasonable compromise on your four weeks. After that I will proceed to small claims court without further notice, and then you will also be liable for costs and interest at 8%. Also I would like to point out that the bullying tack ticks applied to me by a member of your staff by terminating my payment arrangements established through the Consumer Credit Counselling Service as my maximum amount payable to you were highly distasteful. At no time have I defaulted on this arrangement or indicated that I would cease to maintain it, it is even set up through a Direct Debit. Your member of staff simply took it upon himself to action this without even informing me. All I asked was why access to my account had been denied since it now showed to have available funds on my statement. I did not discover this until I received a letter dated 09/09/2006 threatening me with a default notice and full payment of my debt within ten days of that notice. The situation has now been resolved and I shall continue to make the monthly payments of £140 until the amount of £566.92 is settled. I have been advised to contact the Office of Fair Trading regarding this issue as it is a clear breach of trading standards on your company's behalf. Sincerely, Pixl xxx

Thanks Milo... Still no payment - incredible. Watching this space, along with quite a few others too I should think. Yes, pray tell more about this disclosure business...

Hi Amanda, I see what you are saying (last post in Milo's thread) and can only hope it will stand. I just feel that at some point the courts will decide 'OK, £12 is fair' At which point Cap 1 will be in the clear with their scuzy £12 offers which is what they seem to be counting on - or at least telling us...

Just had a very discouraging conversation with Cap1 saying that they have been cleared by the OFT, only just this week, to only pay the excess of £12 fee so are not paying out anymore full claims. Have spent a couple of houres looking at posts and cant see any been paid in the last week... I am in a real quandary now. The reason for calling them was I received a letter saying that my reduced payment terms had been terminated due to my imminent claim. (I was not paying late payment charges or interest as am on a Consumer Credit Concealing Services payment plan as simply cannot keep up with their charges) The lady informed me that If I did not pay the £566.92 arrears within 10 days a default would be issue and they would come after me for the full amount owed. I explained basically that they cant get blood out of a stone and that the £140/month I am paying is the Maximum I can afford under the CCCS agreement. She eventually conceded and reinstated my agreement and a £12 late payment fee saying that if I perused my claim it would be canceled immediately (she also offered me an incentive that if I were to pay off my account in full (£3,648.26 outstanding) they would let me off £500 for early settlement). So if I continue with my LBA deadline of the 20th Sept I loose my payment terms and all that entails. If I write saying I will give them the 4 weeks they requested I still loose my payment terms. My claim is only for around £250 - if I take this to court and loose I really will be in trouble form all sides. Can somebody please advise, before the 20th! Many thanx...

Hi Milo, I really hope it comes through for you.... Just had a very discouraging conversation with Cap1 saying that they have been cleared by the OFT to only pay the exess of £12 fee this week so are not paying out anymore full claims. I am in a real quandery now as my claim has other complications. Good luck!