Taking on Capital One...

[Glitterari]

It was acknowledged on 8/5 and received a letter today from the courts stating that Capital One have indicated they are going to defend the whole claim, signed by a legal bod at cap 1.

 

Is the norm with Cap 1?

 

C x

[Tinkerbelle]

Not too sure Hon, but they all seem to be defending these days.

 

Personaly, I think it's all down to them being inundated with claims, and they can't get the cheques printed fast enough

[Glitterari]

Right, need some advice guys. Got a letter from Cap 1 today saying they admit no liability blah blah blah, but have agreed to refund all charges, plus court costs plus interest. They even kindly worked out that I was owed extra interest to what I had stated in my claim and have agreed to pay that too. However, I have copied the 'settlement form' that I need to sign and return for them to refund all monies:

 

Settlement Form

 

To:

Exec Office

Cap 1

Etc

 

 

From:

Carly

Etc

 

 

County Court Claim Number – xxxxxxxx

Your Ref: xxxxxxxxxx

 

I confirm my acceptance of Capital One’s offer to refund the default fees, court fee and interest totalling £215.43

 

I confirm this offer is accepted on a no admission of liability on the part of Cap 1 and in full and final settlement of court claim number xxxxxxxxx. I will not take any further action against Cap 1 and I also agree to notify the court to confirm settlement has been reached.

 

Signed………………………………………

 

Date………………………………………...

 

 

Signed on behalf of capital one

 

Xxxxxxxxxxxxx date 18/5/06

 

 

I am bit worried about signing this because of the "I will not take any further action against capital one" bit as I am sure that this will tie my hands in future and I won't be able to pursue them again if I need to.

 

Now, i have no intention whatsoever of getting any more charges, in fact with this money going in I will be only £200 in debt to them (with a £1,200 limit). But sometimes things happen that are outside of your control and I don't want them taking full advantage of a bad/unfortuneate situation for me.

 

Can I 'edit' the form, eg maybe cross that bit out or add to say " I will not take any further action against cap 1 regarding this matter"?

 

Can anyone advise please?

 

But yay they've agreed to refund finally!

[alanfromderby]

Whatever you sign they cannot stop you taking action against future unlawful charges.

[Michael Browne]

Personally I wouldn't sign in its present form. Either edit as you suggest or add something like 'However I reserve the right to challenge and pursue future unlawful charges' They could withdraw the offer, but its unlikely since the alternative is court.

[Philip Hindley]

Not quite the same thing, but Capital One asked me to sign a confidentiality agreement when accepting their offer of a full refund.

 

I crossed it out, and told them that if this was unacceptable, then they should let me know and I would continue with my court action.

 

I received a letter, by return, saying that it was my choice not to agree to confidentiality and that their offer was not conditional upon my compliance.

 

I agree with Alan, they cannot stop you taking future action against unlawful charges, so long as the law remains unchanged.

 

Just the same as when you agreed and signed their T & C's, an unlawful contract is not worth the paper it is written on.

 

Take your money and enjoy!!

[pac1208]

Hi,

 

I had exactly the same letter and I crossed out the "I will not take any further action against Cap 1" part. I sent a cover letter back with it explaining that I was crossing this out because if I recieved any further charges then I would be taking further action.

 

They still refunded my charges with no mention of the amendment.

 

Hope this helps,

[Glitterari]

Thanks for all of the replies.

 

I will cross out that part and send a covering letter, plus photocopy both for my records incase I should need them in future.

 

Thanks again...

 

Carly

[Jamboray]

Thats a great result!!

 

By the way is that a Cocker Spanial in your picture?

[Joh7n]

I am about to take on Capital 1 and Halifax Visa

My husband is taking on Halifax

Will keep you posted as I am sick of them hounding me for money which just goes up and up never mind how much I pay

[meggiemoo_d]

Well done hun!!! I got the same letter and full refund too.............yayayay!!!

[Glitterari]

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