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!

Ok...Lets just stick to helpful, constructive comments here hey - please! Now, being unable to afford the court fee at present (damn this divorce...) I have decided to give Cap1 the 4 weeks they ask for - as a further gesture of good will of course, by which time I should have sufficient funds to persue the claim. I will write a letter stating this on Monday also pointing out that this is positivly the last bit of co-operation I'm prepaired to give before taking them to court. Please let me know if anyone thinks this is a bad plan... Thanks

Why thank you so much for your wisdom and opinion Mr Darwin. I can see from your signature that your wisdom comes from a lifetime of serious and uncontrolled overspending beyond your means where as my own only range to a few hundred pounds - most of which are charges. May I add that if you read my post clearly you would see that the funds are in my account they have just been frozen... May I take this opportunity to wish you every success in claiming back all the money you so liberally overspent in the past. Pixl.

I have just received their 'we need 4 weeks to think about it' letter after receiving my LBA last week. They have now shut down all access to my account - on line and off I rang them this morn to ask why. The man said straight off was I calling regarding their letter, I said yes and cos my account is locked - why? He said it's because it is in arrears, altho it is actually in credit now it actually needs to be £546 in credit before I can use it as that is the minimum payment required?!?! Very, very, very, annoying as I'm paying £140/month into that damn account and it shows £152 in credit/available funds(or at least it did till they shut it down, now I can't even get a bloody statement)... I then informed them I would be proceeding with my claim against them in the time stated in my LBA and that that was sufficient time given the size and status of their organisation blah blah blah and would the nice man like to add that to my notes! (saving me the trouble of another letter tho I guess I should put that in writing). Am thinking of paying the court fee with a cheque from Cap1. If they bounce it can I add it to my claim on the grounds that the money is actually mine??? Pixl

Hi Keren, I haven't seen any either? Will keep looking and keep you informed... I have just received their 'we need 4 weeks to think about it' letter after receiving my LBA last week. They have shut down all access to my account - on line and off. I rang them this morn to ask why. They said was I calling regarding their letter, I said yes and cos my account is locked - why? They said it is because it is in arrears altho it is actually in credit now?!?! Very annoying... I then informed them I would be proceeding with my claim against them in the time stated in my LBA and that that was sufficient time given the size of their organisation blah blah and would the nice man like to add that to my notes (saving me the trouble of another letter tho I guess I should put that in writing). Anyhow, good luck keren...

Hi Folks Update... Having recieved their £12 per offence offer letter from Mr Udy I have sent this reply following my prelim letter dealine... Dear Mr. Udy, Thank you for your recent offer of £ 64.00 as a gesture of goodwill. I am happy to acknowledge this as partial payment of the money owed to me, however I will still be looking for payment of the outstanding amount and this does not constitute closure of my overall claim. With regard to your comments concerning the OFT statement of April 5th, whether or not you disagree with the OFT's analysis is frankly irrelevant. Indeed, your response indicates that you have clearly missed the whole point of the OFT enquiry, and subsequent statement. In line with the OFT, customers also agree that banks have a right, as a business, to levy charges where there has been a requirement to intervene in customer accounts. The argument of customers, and also of the OFT, is that these charges must be fair, proportional, and a reflection of the actual loss to the bank for their action. When the charge is issued as a penalty, the position of customers and the OFT is that the charge is unlawful under contract law, and is therefore unenforceable. To quote the OFT statement, 'We consider that a contract term is likely to be unfair if it requires consumers to pay more as a result of a default than the court would order them to pay if they were sued for breach of contract. This means that a default charge should not exceed a reasonable pre-estimate of the administrative costs that the consumer ought to have realised would be likely to be incurred by his or her card issuer in dealing with defaults.' Additionally, the OFT did NOT state that it 'believes a default fee of £12 is fair.' What they actually said, and I quote, 'We are not suggesting that default fees should be set at £12, and a court will certainly not consider that a default fee is fair just because it is below the threshold.' As you are clearly aware, most banks, as well as the BBA, have indicated that they think the analysis is wrong, unfair, or only related to credit cards. However, the fact remains that the OFT has stated it is subject to all consumer contracts - including bank accounts, overdrafts and mortgages When the OFT makes a ruling, then creditors are expected, and indeed required, to comply. All banks and credit card companies, in general, hold licences to lend money under the Consumer Credit Act 1974. With this in mind, and considering your ill-judged analysis, I may refer this to the OFT for misrepresentation, and one of the punishments available, is the revoking of a licence under the 1974 Act. I require repayment in full of this money an if you do not comply fully within 14 days stated in my last letter (20/09/2006) then I shall begin a claim against you for the full amount with interest plus my costs and without further notice. I look forward to hearing your comments. Yours faithfully, (Thanks to Milo for the above) So onwards and upwards... Pixl.

Hi Angela, Am in exactly the same position and altho it makes us feel like we've copped out we all have to live by our limits so dont feel so bad hey. It's all very well to say we would get the charges back but we have to front them in the mean time and then there is the long wait which some of us simply cannot afford. Take care, Pixl x

Thats great, prelim printing now...

Hi Emma Looking around cant seem to find which address to use for Cap 1 prelim letter, could you please oblige... Many thanx. Watching to see how you progress - good luck. Pixl.

Thankyou both...

Hi Mr Bean "Statement data shows the information I was told by phone was incorrect. My account has not incurred £880 in charges (as they said by phone), it has incurred £680 in charges plus £68.82 credit card interest on those charges, total to date £748.82. Charges and interest on charges account for about two-thirds of the present balance." I'm in a similar quandery here, trying to work out if I can claim for 'purchase interest' whatever that is as it seperate from 'cash interest' on my statements just recieved. As you mentioned 'credit card interest' I was wandering what that is? Also, how do we work out the charges and interest on charges as that is what has put my account way over it's limit. Sorry to be a bit dull here but my figures dont add up... My Acc went upto £472 over my limit but taking out the overlimit and late payment charges and cheque handeling fees (£2 - £6 per cheque) only accounts for around £172 of that. Taking out the payment protection still doesent cover the gap so I guess its all in the interest in the interest as it were! Any help greatfully recieved. Pixl.