Bean's Timeline (Capital One) ***SETTLED***

[pugsley]

congrats, that was quite quick, I would have signed it but crossed out the I will take no further actiion bit, cheeky sods, I intend to get my default removed as well

[shovey]

Great Bean, it gives the rest off us hope. Im just starting with C1. Im looking some advice on how or where to find advice on the schedule of charges. Im not sure how to write it? is it just a list of their charges with amounts and dates? plz

[Bean]

Thanks to you all, and best wishes for your claims.

 

Great Bean, it gives the rest off us hope. Im just starting with C1. Im looking some advice on how or where to find advice on the schedule of charges. Im not sure how to write it? is it just a list of their charges with amounts and dates? plz

 

Hi shovey,

carefully read this in the Bank Templates Library:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

If you have not previously found this template then for your own good and peace-of-mind you really need to spend some time familiarising yourself with what is contained in this site. Lots of diligent, well-meaning people have put together a resource here that is available for your use.

[give_me_it_back]

Well done Bean! It's a good feeling, huh?

[Bean]

Well done Bean! It's a good feeling, huh?

 

ooooooooohhhhh yyyyesssssssssssss!!!

[breadline]

well done been ive just recfievd my second in stallment of part paymnets? i think they want to go on a long term pay scheme:D

 

Moneyclaim being completed when i return my thank you i'll have that and see you in court for the rest letter.

 

weldone for turning it around so quickly.

 

BL:)

[sidvicious]

well done BEAN it is always a pleasure to read your threads and its great to hear you good news.best wishes to your and your family.

[Bean]

Hi breadline - I didn't do anything unusual, just followed the process and out popped the required result! They offered full payment of the claim sum about three weeks after I filed my claim at the County Court.

 

Incidentally, a day after being offered the full sum, on the day that they received my acceptance of their offer, I received a letter from RU along the lines of 'sorry we can't improve on our offer of £262, this is our final reply, contact the Financial Ombudsman Service if you want to take it further' - er, you should talk to your colleagues because they have already offered £875.60 and I have accepted it!

 

Hi sidvicious - thanks for your support, best wishes to you. Keep your claims moving forward.

[hippychick]

Congratulations Bean

 

I am starting my claim against capital one very soon. I have been putting it off for ages, but your thread has inspired me to go for it, thank you

 

Once again congratulations and well done you

[Bean]

Thanks hippychick,

 

Glad to be of service:D .

I wish you well with your claim.

[ellielou]

CONGRATULATIONS on you win Bean.

 

But just so other people are aware - you don't have to have your 'winnings' credited to your account. You can stipulate that you want it via chq. That way you can have it all to yourself & pay your cap ! balance off when you're ready.

 

They took the cash off you they have to give you the cash back if that's how you want it.

 

Sorry if this has already been mentioned.

[Bean]

...But just so other people are aware - you don't have to have your 'winnings' credited to your account. You can stipulate that you want it via chq. That way you can have it all to yourself & pay your cap ! balance off when you're ready.

 

They took the cash off you they have to give you the cash back if that's how you want it...

 

Thanks ellielou.

 

I do not think it is correct that you can choose between your account being credited and receiving a payment by cheque. They added charges to my account and applied interest upon those charges. They have made a payment to the account equal to the charges and interest they took so have effectively reversed what they did. I don't see that it's something we can stipulate, but I would be happy to be proved wrong.

[ellielou]

Hi

 

It's always been my understanding that when the claim goes through the courts you can stipulate how you would like the amount paid. Therefore you would say 'cash' not to the account.

 

I may be wrong but that has always been my understanding.

 

Like your good self I'm happy to be proved wrong.

 

 

Well done with the claim - I currently after them for £80 their deadline for a defence is next Friday - you wouldn't think they'd take it that far for £80 would you? lol

[Bean]

...when the claim goes through the courts you can stipulate how you would like the amount paid. Therefore you would say 'cash' not to the account.

 

I may be wrong but that has always been my understanding.

 

Like your good self I'm happy to be proved wrong

 

For the benefit of all, please can anyone clarify this?

 

...after them for £80 their deadline for a defence is next Friday - you wouldn't think they'd take it that far for £80 would you? lol

 

No I wouldn't!

[reload]

It's always been my understanding that when the claim goes through the courts you can stipulate how you would like the amount paid. Therefore you would say 'cash' not to the account.

 

You can make payment of your settlement in a specific method (Deposit to another card, send you a cheque, etc etc) a condition of your settlement offer. In other words, they come forward and say 'Ok, we want to settle', you turn around and say 'Ok then - send me a cheque or the claim carries on'.

[Bean]

You can make payment of your settlement in a specific method (Deposit to another card, send you a cheque, etc etc) a condition of your settlement offer. In other words, they come forward and say 'Ok, we want to settle', you turn around and say 'Ok then - send me a cheque or the claim carries on'.

 

Good point reload, you can make it a condition of settlement and that is subject to agreement with the bank. So far as I know, I don't think any claimant has an automatic unchallenged right to stipulate method of payment from the outset.

[catherinebear]

Dear Mr Bean

 

We are in the process of trying to claim back charges from Capital. We wrote to them originally and got the statements we then wrote saying that they owed us £700 inclusive of the interest we had added on.

 

We received a letter today from them offering us £248.00 with a letter to sign and send back. However, I have just read your thread and have added up our charges inclusive of purchase interest and they amount to £1243.85!!! What did you do next write to them declining the offer of isue proceedings? Would love to know which way you went as your next move if possible.

 

We to had a separate page asking us to let them know how they had dealt with our complaint!!! Do they really want to know? I don't think so

 

Regards

Catherine and Dave:confused:

[Bean]

Dear Mr Bean

 

We are in the process of trying to claim back charges from Capital. We wrote to them originally and got the statements we then wrote saying that they owed us £700 inclusive of the interest we had added on.

 

We received a letter today from them offering us £248.00 with a letter to sign and send back. However, I have just read your thread and have added up our charges inclusive of purchase interest and they amount to £1243.85!!! What did you do next write to them declining the offer of isue proceedings? Would love to know which way you went as your next move if possible.

 

We to had a separate page asking us to let them know how they had dealt with our complaint!!! Do they really want to know? I don't think so

 

Regards

Catherine and Dave:confused:

 

Whatever stage you are at, stick to what you said you would do.

 

If you have already sent your Letter Before Action, see my comments at the end of post #29 above.

 

If you have yet not sent your Letter Before Action, I would add a note at the start of it along the lines of "Thank you for your letter dated . Your offer is not in line with the requirements of my previous correspondence dated so I must therefore decline your offer and proceed as follows...".

 

I hope this helps,

[doryphor]

My understanding from other threads is that you can stipulate how a claim is refunded. One thing I am fairly sure about is that if the account is closed that it cannot be credited. Is this right? I intend to request cheque payments on two forthcoming claims - one account is closed, one is still open.

[too strong]

Am I wrong or have they offered you less than what you were after.

i.e. minus the 8% interest.

[Bean]

My understanding from other threads is that you can stipulate how a claim is refunded. One thing I am fairly sure about is that if the account is closed that it cannot be credited. Is this right? I intend to request cheque payments on two forthcoming claims - one account is closed, one is still open.

 

As I understand it you can ask for a particular payment method but there is no guarantee that you will achieve it. I think there is no automatic right to be paid by a certain method. For a closed account I do not see any other way of payment than a cheque made payable to you.

[Bean]

Am I wrong or have they offered you less than what you were after.

i.e. minus the 8% interest.

 

I was paid a sum equivalent to the charges (£700), credit card interest (£71.78 ) on the charges and 8% interest (£103.82) to the date of filing the claim.

 

I was not offered the £0.17 daily 8% interest from the date of filing the claim (13 September 2006) to the date of settlement (received 6 October 2006). This aspect was not an important matter of principle for me, they showed willing to pay promptly after I filed my claim, so I decided not to press this issue. The 8% daily rate interest would have amounted to a maximum of 23 days at £0.17, £3.91.