Capital One Good Will Gesture!

[james141]

Hi All,

 

capital one are currently refusing to cough up the £1400 they have charged me in fees over the last 4 years

 

I am just sending them a final demand, I notice on one of my statements a while ago (before all this action) they paid £807.09 in as a "good will gesture" presumibly thinking it might make me pay the rest of my account off.

 

The question is do I need to take this sum off the money I am claiming? I wouldnt have thought so because it is a "good will gesture" and not a "refund of charges"

 

What do you guys think?

[james141]

Anyone?

 

i really want to get the letter in the post today

[Natasha]

If they have refunded part of your charges then i would include that in your claim.

 

Dont get greedy now, just claim the amount back that they have charged you.

They say its a will of good jesture as they dont want to except liabilty, but we all know they reason why they refund because we are right!

 

good luck keep us posted!

[james141]

Ok cheers

 

I am having problems with the money claim website: I have got in the particulas of claim (taken from this site):

 

1. The Claimant has an account (xxxx) with the Defendant which was

opened on or around 27/04/01

 

2. During the period in which the Account

has been operating the Defendant debited

numerous charges to the Account in respect

of purported breaches of contract on the

part of the Claimant and also charged

interest on the charges once applied. The

Claimant understands that the Defendant

contends that the charges were debited in

accordance with the terms of the contract

between itself and the Claimant.

 

3. A list of the charges applied is

attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are

punitive in nature; are not a genuine pre-

estimate of cost incurred by the Defendant;

exceed any alleged actual loss to the

Defendant in respect of any breaches of

contract on the part of the Claimant; and

are not intended to represent or related to

any alleged actual loss, but instead unduly

enrich the Defendant which exercises the

contractual term in respect of such charges

with a view to profit.

 

b) The contractual provision that permits

the Defendant to levy such charges is

unenforceable by virtue of the Unfair

Contract Terms in Consumer Contracts

Regulations (1999), the Unfair Contract

Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in

respect of charges in the sum of £18/£20

and any interest charged thereon;

 

b) a commitment from the defendant that any

negative information recorded upon my

credit file in relation to this account be

removed.

 

c) Court costs;

 

d) Interest pursuant to section 69 County

Courts Act as set out on the attached list

of charges or at such rate and for such

periods as the court deems just.

 

I believe that the contents of these

particulars of claim are true

 

Aparently this is too long for the system, how can I slim it down? also I wish to add the calculations and list of charges, where can I do that?

[james141]

If they have refunded part of your charges then i would include that in your claim.

 

Dont get greedy now, just claim the amount back that they have charged you.

They say its a will of good jesture as they dont want to except liabilty, but we all know they reason why they refund because we are right!

 

good luck keep us posted!

 

This also throws up a problem with calculating the interest!

[Natasha]

i havent gone that far yet so perhaps someone else could help you out with those bits.

You can claim the interest on the amount they owe you(obviously minus the refund they have already given you)

[james141]

It wasnt stated as a refund of charges, it was a "good will gestor"

 

This was a while ago before I started action. It makes it difficult to work out which charges to take off including any interest each charge may have incured, if you see what I mean??

[james141]

So the consensus is that I should knock this off the total?

 

cheers,

 

James

[monkey_uk]

So the consensus is that I should knock this off the total?

 

cheers,

 

James

 

Personally, I wouldn't.

 

If they want to try and prove it was a refund of charges, as opposed to a goodwill gesture then let them, then you'll just basically turn around and say "ok then, I'm claiming £XXXX.XX instead then". Not sure if the courts allow this, but I can't see as there would be a problem.

 

IANAL.

[james141]

This is my thought, if it said "refund of charges" fair enough I would knock it off.

 

but a "good will gestor" could be anything

[Natasha]

This is my thought, if it said "refund of charges" fair enough I would knock it off.

 

but a "good will gestor" could be anything

 

true!

[Spiceskull]

I would go with goodwill gesture - and let them explain to the court why they are demonstrating goodwill at the same time as making illegal charges on your account...

[james141]

I would go with goodwill gesture - and let them explain to the court why they are demonstrating goodwill at the same time as making illegal charges on your account...

 

Good point, it is not like many companies go around giving out £800 because they are feeling nice

[Spiceskull]

They are 'giving' £800 because they want to throw you off the scent. I would interpret that as a bribe, unless they offered a full explanation of what they meant by 'goodwill...'

 

If they say that they meant a partial refund of charges then you have nailed them. If it's not a refund, then you are still asking for a full refund...

 

You win, they lose...end of story.

[james141]

No they just paid it in to my account, no explination.

[Spiceskull]

What - not even "goodwill"

 

In that case you may want to ask them why they are making credits to your account that have not been authorised by you...if they are giving you money you have a right to know whether this is legal or not. After all, if that money came from 'illegal charges' on someone else's account, you would want to ensure you are not aiding and abetting an illegal act...

[james141]

What - not even "goodwill"

 

In that case you may want to ask them why they are making credits to your account that have not been authorised by you...if they are giving you money you have a right to know whether this is legal or not. After all, if that money came from 'illegal charges' on someone else's account, you would want to ensure you are not aiding and abetting an illegal act...

 

Sorry yeah, it shows on my statement as a "good will gestor"

 

My guess is they thought if we knock that off he might pay the account off.

[Spiceskull]

Ask them to explain what the goodwill gesture is for. If they say it's against the charges, then ask for 'goodwill' against the rest of the charges.

 

If it's not against the charges, then still request the full refund.

[Neal]

James, I've just had all my charges refunded from Capital One as a 'matter of goodwill'. Not as much as you're claiming but not the point. I had one brush off letter from them but re-stated my case that their charges were simply unlawful and I'd see them in court. I'd just raise an action, or at least stop talking to them except to tell them you're doing just that and see what happens. As to their 'goodwill gesture' I'd ignore it, nothing to do with your claim in law. What they decide to punt your way, 'without prejudice', as they say is neither here nor there. Happy to detail more of my chats with Cap One if you want it.

 

Good luck. Neal.

[james141]

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