Tinkerbelle vs Capital One - I've WON!!!!

[Tinkerbelle]

I have all of my Statements, so I have sent off my request for payment letter via Recorded Delivery today.

 

Will update!

[Tinkerbelle]

Thank you!!

[Tinkerbelle]

oops! I've made a bit of an error when I sent my letter off to Capital one yesterday. Although I asked for my money back - I forgot to state that they had 14 days in which to do so.

 

I was thinking of editing the original letter and sending that again with the due date highlighted. However, I am expecting another "fee" to be addedd to the account in a matter of days, as a result of it being over it's limit. The account being over it's limit as a result of them adding a "fee" for me going 89p over the limit once they had added on their "interest.

 

Is it a good idea to wait until the account is no longer in a "fee charging" state before I send the letter again?

[Tinkerbelle]

Well surprise, surprise. Still no response from Crapital One

 

Not even a leaflet to say that this is our complaints procedure!

 

Question for Forum Members - I said erlier that I had forgotten to put in my letter to them that they had 14 days to respond. I am thinking of sending them the letter again ammended to reflect the 14 days notice. I will send this via their online system and via letter.

 

What do you think?

[Tinkerbelle]

True! Looking forwarrd to Monday..LBA will be in the post!

[Tinkerbelle]

I take it you mean they paid up!!

[Tinkerbelle]

Still not a dickie bird from Capital one, so I have taken great pleasure in modifying the Library Template to that shown below.

 

Any comments / feedback is most welcome

 

 

=========================================

Legal Compliance Specialist

Capital One Bank (Europe) plc

Trent House

Station street

Nottingham

NG2 3HX

 

 

Dear Sir/Madam,

 

CARD/ACCOUNT NUMBER: xxxx xxxx xxxx xxxx

 

Further to my letter of 10th April 2006 requesting a refund of unlawful charges applied to my account, I am disappointed to see that you have chosen to ignore my request.

 

I would once again like to draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. The regime of fees which you have been applying to my account, in relation to Late Payment Fees and Overlimit Fees are unlawful at Common Law, Statute and recent Consumer regulations.

 

I calculate that you have taken £xxx.xx on which you have charged additional interest, and I require this payment in full.

 

If I do not hear from you within 14 days of the date of this letter, then I shall without hesitation, begin a claim against you for the full amount, plus interest plus my costs and without further notice.

 

Yours faithfully,

[Tinkerbelle]

Well whadya know!!

 

Just logged into my online account and the "wonderful" people at Crapital One have credited my account with £40.00 on the 20th of April. An Overlimit Fee and a Late Payment Fee respectively

 

I guess this must be their way of acknowledging my letter seeing as they didn't bother wasting ink to let me know otherwise!

 

Well it could not have come at a better time... I can use it to pay for the moneyclaim that I'll be submitting when they fail to respond "satisfactorily" to my LBA (Which by the way goes off today!)

[Tinkerbelle]

At least you got a letter!!!

[Tinkerbelle]

Well stone the crows! :o

 

Got home this evening to find a letter from the lovely people at Cap1. Shame it's one day too late! I wonder how they would feel being slapped with a Late Payment Fee????

 

Anyway, usual bog standard letter from our mutual friend Robery Udy (pp D Wilmott). Our charges are fair, you signed T&C, we disagree with OFT, make sure you pay on time and stay in your credit limit, as a goodwill gesture we have refunded 40 quid to your account, blah...blah....bloomin blah...

 

Well today they should have received my letter before action notification which I sent them yesterday. I'll reply saying thanks for the money, but my letter of the 25th still stands. Pay up by the 8th May or see you in Court buster

 

Wow!!! This is like, sooooooooo empowering

[Tinkerbelle]

Hello Peeps!

 

Just updating my thread so ya'll know how it's going!

 

Received letter below from the VERY busy Mr Udy yesterday...

 

==============================================

 

Thank you for taking the time to write to me again about the charges we’ve added to your account. I understand you’re happy with my refund of £40 and you will only accept a full refund of all the charges we’ve added totalling £xxx.xx. (That's right )

 

As I explained in my last letter, the charges we’re added are correct. We add fees if you don’t pay your minimum payments on time or if you go over your agreed credit limit. We explain all our fees in your credit card agreement, which you have signed. (erm.. excuse me...but adding on interest that causes me to go 0.07p over the limit because your estimate of next month's interest was like.. WAY OFF!- to which you add a £20 fee - how can THAT be correct? )

 

I’m disappointed you were unhappy with my first offer (damn right I'm unhappy! wot is this? A Game Show??)and I have reviewed your account again. Unfortunately, I’m unable to refund all the fees we’ve added as they are correct. However, to try and resolve this I would like to increase my offer of refunds by a further £58.25. I’ve included a settlement form to sign and return if you’d like to accept it. As soon as I receive this, I’ll then add the refund to your account. (like hell I'm gonna sign - it's going straight in the re-cycle bin to be turned into the bog roll that it is )

 

However, if you’re unhappy with how I’ve handled your complaint, you can now contact the Financial Ombudsman Service and show them copies of both the letters I’ve sent. Their address is in the leaflet included with my last letter. (Yawn...)

 

Again, I realise this isn’t the answer you were hoping (well if ya know, why didn't you sort it! ) for but I trust I’ve explained clearly and I hope you’ll accept my best wishes for your future. (eh!? what an odd way to end a letter)

 

Yours sincerely, (yeah..whatever! )

 

 

Robert Udy

Executive Office Manage

======================================================

 

 

You would think that they would know the process by now wouldn't you, and save me time and them money by just paying up now. It's going to end up costing them a hell of a lot more!

And what's with offereing me £58.25pence! What's with the 25p ??!!!

 

Anyway, I'll be filing Money Claim next week, when one gets paid.

[Tinkerbelle]

Jaysus!! This was the hardest bit of the whole process!!

 

Right then, I have put together the following text for Moneycaim. According to Microsoft Word it contains 865 characters - well inside the 1080 limit. Feedback much appreciated.

 

==========================

 

Claimant has an account with the defendant since 07/2002 conducted on their

standard terms and conditions and is seeking the return of money taken by the

defendant in the way of charges over the last 4 years. The Defendants charges

are a disproportionate penalty and therefore unenforceable under the Unfair Contracts

Terms Act 1977 s.4, the Unfair Terms in Consumer Contracts Regulations 1999.

Para.8 and sch.2(1)(e), and at common law.

 

In the event that the charges are not a penalty they are unreasonable within the

meaning of the Supply of Goods and Services Act 1982 s.15.

 

Defendant has repeatedly declined request to justify charges.

 

Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate

of 8% a year from 31/07/02 to 19/05/06 of £xxx and also interest at same rate

up to the date of judgment or earlier payment at a daily rate of £0.08p.

[Tinkerbelle]

Well using the formula on this site I worked the daily rate out to be that. My claim is for less than £500

[Tinkerbelle]

Well I'd say mine is pretty much right then

[Tinkerbelle]

Oh how lucky am I

 

Logged into Sky Credit Card Account today and they have more than doubled my credit limit..so off to Money Claim we went and fired off the first of several claims

 

Claim No: 6QZ30805

Date Filed: 13/05/06

Amount: £446.67 + £50.00 court costs

 

These people obviously have money to burn...I mean really they could have just paid up the £393..but nooooooooooooooooo they have to drag it out so it ends up costing them even more

 

PM sent to BF!

[Tinkerbelle]

oooh!! Well let me see!!

 

Buy a HD TV? - No

Buy a PSP? - No

Buy a PS3 and sell it back on Ebay? - Possibly

Stick it in an ISA? - Most Likely!

 

For Info: - Checked Moneyclaim this morning and the claim is still showing as Requested

[Tinkerbelle]

Moneyclaim now showing as issued

[Tinkerbelle]

Sent it to Exec Office in Notts, as they were the ones who were sending out the Sod Off Letters

[Tinkerbelle]

The P.O. Box

[Tinkerbelle]

Capital One have acknowledged the claim today.

 

Claim Description Punitive Credit Card Charges

Claim Number 6QZ30805

Status of this Claim Acknowledged (Acknowledged(17/05/2006)

[Tinkerbelle]

Letter received today saying that Crapital 1 intend to defend.

 

Signed by a Wendy Starr - Legal Specialist

[Tinkerbelle]

Deleted

[Tinkerbelle]

Received the following snotty letter from Crapital One this morning.

 

===================================================

 

Dear Miss xxxx

Your claim against Capital One Bank (Europe) plc

County Court Claim number 6QZ30805

I write in connection with the above claim you have issued against Capital One Bank (Europe) plc. I have now had the opportunity to investigate your claim for the sum of £446.67 plus a court fee of £50.00. I understand that your claim is in connection with default fees and interest, which we have charged to your account.

It is denied that these charges are unlawful and our default fees are detailed in your terms and conditions and in our customer welcome pack. Our fees are based on the costs we incur when a customer breaks their contract by making a late payment, failing to make payment or goes over their credit limit. The charges are only levied when a customer breaches their contract in this way and can be avoided if payments are maintained and the account kept within the credit limit.

Capital One has acted in accordance with the terms of your credit agreement throughout this matter and it is clear that you have no claim against Capital One. Whilst we do not accept liability for the claim, I am prepared, in an effort to resolve this matter without the need for a court hearing, a refund of the default fees and interest of £446.67. I will also refund the court fee of £50.00. This amount adds up to £496.67, which is the full amount quoted on your claim form.

This offer is made purely as a matter of goodwill and is out forward in full and final settlement of your claim number 6QZ30805. This means you also agree to notify the court of the agreed settlement and we will do the same. If you are happy to accept my offer, please sign the settlement form I have included with this letter and return it to me immediately. Once I have your settlement form back, I will add the refunds to your account and send you a cheque for any credit balance you may have after that.

I look forward to hearing from you shortly in response to this offer and avoid taking up valuable court time.

Yours sincerely

Angelina Wilson

Executive Office

For and on behalf of Capital One Bank (Europe) plc

[Tinkerbelle]

Thanks for all your feedback and comments guys! I'm dead chuffed

 

I can't believe how easy and empowering this whole experience has been. I have been harassing my friends left right and centre to get THEIR money back and been boring them to death about this site!

 

Donation will be on it's way as soon my cheque clears!

 

Two down, Halifax to go.

 

Next, it will be a full pursuit of Barclaycard and HBoS...BRING IT ON!!!!

[Tinkerbelle]

Ya that is why we are refunding you £500. What a paradoxical statement. No, correction, the ninth most preposterous statement I've read on the BAG.

 

Have some of that - well done Tinks!

 

I know...

 

I thought the overall tone of their letter was rather rude....sour grapes eh!

 

Now WHO has got the last laugh?