Sem vs Capital One **Won**

[Sem]

Total Claim for £1039

 

Data Protection Act Sent 26/06/06

Prelim Sent 14/07/06 Offer for £298

LBA Sent 04/08/06 No Response

N1 Claim form Filed 25/08/06 Issued 29/08/06

Offer to Settle reiceved 01/09/06

Part of Settlement credited back to my account 05/08/06

 

 

all I'm doing now is waiting for a cheque for £739

 

in the settlement letter they want me to cancel the claim right away

 

should i wait for the cheque to arrive and clear before canceling the claim

are Capital One likely to pull a fast one if i cancel before i receive the cheque?

 

thanks

[pugsley]

well done, you mean 01/09 not 01.08 I presume

[Thailand]

I wouldn't cancel until you have the

cash in your back burner.

[Sem]

thx for the info corrected dates

[alibobsy]

Just wondering did they acknowledge your claim or just write to settle straight away, we have just filed a claim issued on 01/09/06 as per my thread. Just wondering if I can expect a quick payout lol. Also can I ask did they close your account as our claim just covers the outstanding balance. It would be nice to use the refund on hubbies card to fund the court costs for the claim on my cap one card

thanks and well done

ali

[candyfloss]

Hi Sem, so they don't settle til they receive the court papers? I'm claiming from Cap 1 too. I sent my LBA for £1,249.51 to them last Friday (1st), it was delivered on the 4th. They've got til the 18th but I'll be away on holiday by then and won't be back til the 23rd.

[Sem]

Hi

 

i received a letter from capital one on the 31/08/06 saying that they don't think the fees are unlawful etc and they are willing to give me a full refund + interest

if i sign and return a form ending the complaint and promising not to take any further action

 

but on the 4/09/06 i got a letter from the court saying CapOne has acknowledged the claim and intend to defend

 

the first letter was sent by a Ms A W

and the 2nd was sent by a Ms W S

 

im guessing they are not in sync with each other

 

(don't really want to post their names as they might not like it)

[Thailand]

they are willing to give me a full refund + interest

if i sign and return a form ending the complaint and promising not to take any further action

 

Do they mean no further action with this case or in the future full stop?:?

[Sem]

Still no cheque

 

 

 

Do they mean no further action with this case or in the future full stop

 

they say in the future they will not refund any more charges

[garethmiller]

I wouldn't sign anything that precludes you from making claims for charges in future and I wouldn't acknowledge the claim as being settled either until it is. I'm not sure what would happen if you said it was settled and then they didn't. Other people on this site have demanded payment with no conditions and got the money, If I were you (and I'm not tellling you what to do just advising) I would do the same.

[Thailand]

Aye, have you already agreed to this Sem?:o

[Sem]

yeah but i dont really care

 

ive already got a better CC with nawest and im looking to cancel the card with capital one anyway

 

also ive gotten and better paid job and with internet banking i can always make sure ive got the funds to pay so i dont think i will get any charges in the future