Starting the fight with Capital One

[lynne43]

just in from work and had a look at the mcol it says u have to have an address in england or wales emmm i live in scotland can someone enlighten me please

[TANZARELLI]

You can use an N1 at your local court

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/844-n1-claims-form-pdf.html

[lynne43]

hi recieved this letter from Mr Ugly today it took 7 days to to get to me lol

 

Thank you for contacting me about my offer of refund. I'm sorry to hear that you feel that my offer is unacceptable.

As mentioned in lmy previous letter, this refund reflects what the oft has suggested. We are confident our fees are both fair and legaL (don't think so) and i'm disappointed to hear your'e considering court action. We're still working with the oft to resolve the issues they've bought up. They haven't told us that we are obliged to refund any fees, we've offered you this refund as a gesture of goodwill.

The offer to refund £113 for your mastercard is still open if you sign and return the selltlement for enclosed (i'll be signing nothing) as soon as i recieve this i'll apply this refund to your account. I won't be increasing this amount, as it is my final offer. As mentioned in my previous letter, I'm unable to offer a refund for your Visa card account as we have already refunded £232.42 ( £281.42 was deducted from the initial amount and £36 2x £18 was not included in the charges as it had been refunded).

You've mentioned that you intend to commence court proceedings. (dam right i am) Financial regulations require me to advise you that this is my final response in relation to this matter. However, you do have the option to contact the financial ombudsman service within six months from the date of this letter. Their contact details are in our leaflet enclosed.

Im sorry if you felt my offer was unacceptab;e, however i do hope that you'll reconsider so that we can end this matter. ( yeah i bet u do no chance boyo)

 

any help with this will be gratly appreciated but i'm goin ahead with the N1 forms

[lynne43]

Hi guys, well i filled out my N1 form, got the money for the 2 acc's and off i went to my local court, only to be told that they can't use the N1 forms and that if my claim is more than £750 ( which it is) then i would have to employ a solicitor to act for me (which i think u will all know will cost a fortune and i am not likely to get all the costs back) has anyone done any of this in a SCOTTISH court and plzzzzzzzz plzzzzz how is it done

[lynne43]

Hi bin a long time since i posted in here had a prob with living in scotland but i think i've solved the prob but can anyone tell me what is the court address i would send my stuff to if living in Grays i thot the Grays magistrates court but not knowing the system in england the web page says it does adult criminal work and youth work does it also deal with small claims cheers

[lynne43]

Hi i have just completed and submitted an MCOL am i supposed to pm a mod to let them know and if so who do i pm if someone can let me know thanks

[TANZARELLI]

Hi i have just completed and submitted an MCOL am i supposed to pm a mod to let them know and if so who do i pm if someone can let me know thanks

 

Yes just click on one of the mods username and it will allow you the option to send a private message, click this and then let them have your claim details such as claim number, bank, amount of charges, interest etc. They will add you to the litigation in progess section.

[lynne43]

Hi, just a update on things, i got round claiming in the scottish court by using an english address so can claim all of what is owed to me, i recieved a letter from my english address saying that my claim was issued on 27/03 and was sent to the defendant (crap 1) by first class post on that day it will be deemed served on 01/04 and they have until 15/04 to reply i have more post on the way so will have to wait to see wot it is but will keep the forum updated as the invaluable help here is teriff

[martinhw]

Lynne,

Glad to see things are moving smoothly.

They will file a defence and after they that, you will receive the letter we did this morning. We have cleared your balance and are sending you a chq in the next 14 days for the balance.

It's just a matter of time now...

[TANZARELLI]

Lynne,

Glad to see things are moving smoothly.

They will file a defence and after they that, you will receive the letter we did this morning. We have cleared your balance and are sending you a chq in the next 14 days for the balance.

It's just a matter of time now...

 

Dont withdraw your claim until the funds have cleared (I am sure you alreday know this)

 

Tanz

[doo]

hi lynne, am subscribing, also have court claim in for cap one, claiming CCI but they have only offered me charges, 8%, all purchase interest paid on the account and my court fee, am writing back today to decline as they have not paid the full amount. Good luck with yours, watching with interest.

[lynne43]

Hi there, just an update, went into mcol this morn to find that as per expected cap 1 have entered a defence can anyone tell me wot happens next cheers

[doo]

lynne I haven't used mcol but I think your case will now be handled by your local court and you should get some correspondence.I have today received cap one's defence and an allocation questionnaire.

[ukaviator]

Hi Lynn

 

You shpuld here from them very soon. Check your account online every day now to see if you have had your refund. Your nearly there.

 

Uk

[lynne43]

thanks for the advice guys but i can't check my account online as i haven't registered and if i fone to check the balance i get passed to an agent who can barely speak english only to tell me that i haven't paid my acc for ages dohhh i know that but i do have a wee prob and was wondering ukaviator would it be poss for me to PM u and ask your advice plz

[ukaviator]

Yes you can. . no probs

[lynne43]

hi there, just had a couple of letters from cap1 offering refunds, not the correct amounts but at least it's a start he he

[TANZARELLI]

just a matter of time now.

[lynne43]

Hi there just had a few letters from the court, Ukaviator could i possibly PM u again i need advice on the letters............. cheers

[bextar]

Hi Lynn

 

I have been reading your thread with interest... and wondered where you had got with it now??

 

I too have submitted my LBA to Capital one and have just been told on the phone that there is NO WAY they will offer any more than the difference between the old charge £20 and the new £12. That they will happily refund the £8 x how ever many charges..

 

Did they try this on you lynn?

Or anyone?

 

Thanks

[doo]

bextar, they will tell you this till they are blue in the face that this is all they will offer you, which is true it is all they will offer you unless you file court action. Just keep to your timetable, file court action and you will get full refund, not worth speaking to them on the phone either.

[Paintball]

Hi Lynn

 

I have been reading your thread with interest... and wondered where you had got with it now??

 

I too have submitted my LBA to Capital one and have just been told on the phone that there is NO WAY they will offer any more than the difference between the old charge £20 and the new £12. That they will happily refund the £8 x how ever many charges..

 

Did they try this on you lynn?

Or anyone?

 

Thanks

 

They have tried it on with all of us here (me included). I declined their measly offer, carried merrily on and submitted my N1 last month. Cap1 have 'til 12 May to file their defence. I expect they will, then I do the necessaries for the Court, then Cap1 pay up ...

 

Keep on going Bex, it's your money

[bextar]

Thanks paintball, thanks Doo,

 

I will carry on regardless then. He must have been refering to they will only offer you that amount but didnt tell me they will settle if the threat of court looms. Obviously he missed that bit out.

 

Please keep posting with your situations it really helps to know their tactics!!

And Lynn what happened with you?

 

Bextar

[doo]

lynne43, give us all an update, we are wondering how your claim is progressing?

[lynne43]

sorry guys, i have been caught up in a flurry of nerves lately, ok i have recieved 2 cheques from cap one, for the smaller of the 2 acc's i have accepted but for the larger of the 2 i sent the cheque back with an updated claim schedule (with gratitude and thanks to martinw) declining their offer as it falls short by £551 so just waiting to hear, i have had letters from the court telling me that is is being sent to a court near me, hard for them i'm in scotland, lol but using an english address but i'm hoping it won't go that far, i'm waiting for the cheque to clear before letting the court know that it has been settled. so i think that is 1-0 to me bextar they tried to tell me that they would refund the diff from the charges ie £12 - £8 i totally ignored them and sent the schedules for the whole amount stick to ur guns n don't let them away with it will let u all know how it goes with the other acc then i can start my donation process he he