Electric Lemon V Capital One!!

[electric lemon]

Hi there PB,

 

Thanks for your reply.

 

I shall have to check on the dates. (Im at work having a sneaky few moments off the wards!!).

 

I have a feeling the dates dont go back that far.

 

Possibly only from 2004, which would make complete sense of your comments.

 

What does your total come to? And where are you in your stage of claim??

 

Thanks buddy.

[doo]

Hi Lemony, no probs, your figures seem fine - just a case of the jitters, forgotten now what stage you are at?

[electric lemon]

Hi Doo,

 

Initial letter requesting claim amount has gone off. They had 14 days which was up on the 7th.

 

Now going to send LBA. In fact might just to it tonight!

 

I'm in a real 'go get'em' mood!!!

[electric lemon]

Hi all,

 

I need to send off my LBA for Capital One but cant seem to find an appropriate letter to copy??

 

Can anyone suggest one please.

 

Many thanks,

 

Electric Lemon:D

[glav]

Hi Electric Lemon,

 

Use the template linked below and amend to suit your own circumstances. Hope this helps.

 

glav:)

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

[electric lemon]

Thanks Glav,

 

I did actually see that one but I questioned it (sorry!) as I wasnt too sure that it was the right one for a CC?

 

It also seemed to be quite long.

 

I was just wondering if there were any others - probably not though.

 

Many thanks for your help. I shall use this one then.

 

Best,

Lemoney!

[electric lemon]

Well, well, well!!!

 

Got home from work today & there was a letter from Capital One!

 

Letter basically says that they are sorry I am unhappy with the charges.....

 

That they feel they are justified.......

 

That they have reviewed my account...... and......

 

As a gesture of goodwill they would like to reduce the fees they have added to my account to £12 each, and have refunded £168 which will show on my 19th May statement!!!!!

 

I have to reply within 4 weeks or they will consider the matter closed!!!!

 

Well, what about the remaining £732.54???????

 

The offer of £168 equates to only 14 charges, & there are in fact 37 charges so I dont know where they get that figure from???

 

The letter is signed from an ' Ellie Renshaw '.

 

Ok guys, now have to get that...." yes I'll take the money, but only as part payment, & I shall go after the rest if need be via the courts " letter.

 

Is it here???

[Paintball]

Hi Lemony

 

You may need to do a bit of searching through threads for others who have refunds on their a/cs and what they did next.

 

I personally would reject their offer and tell them to take the money back as you are going to court to claim the full amount (which is going up by the day owing to the daily rate on your CCI).

[Paintball]

Lemony here's the letter you want (it's in the Bank Templates section under Rejecting Offers). You may wish to amend it ...

 

Letter 4: Offer BEFORE court action starts

LETTER 4

*************************

 

 

 

YOUR Street

Town

City

Postcode

 

 

 

Date

 

BANK NAME

Address

Address

Postcode

Re: Account number XXXXXXXX

 

Response to settlement offer.

 

Dear [named sender or Sirs]

 

Thank you for your letter dated xx/xx/xx

 

I respectfully decline your offer of settlement and request, one final time, that you return to me all charges imposed on this account, totalling £xxxx

 

In order to avoid Litigation against you, I am prepared to temporarily accept the sum offered as partial settlement on the clear understanding that the remainder is paid within the next 10 days. Failure to comply with this request will result in legal action against you for full recovery, as detailed in my Letter Before Action.

 

 

If you do not accept my conditions for acceptance, or you do not respond within 10 days, the money transfered to my account should not be viewed as my acceptance and I hereby authorise you to remove this sum accordingly.

 

I trust this clarifies my position.

 

 

Yours faithfully

 

 

[signature]

 

 

[print name]

 

[brownie24]

Hi Lemony

 

Me again:) just thought I'd have a quick nose at your crap one progress, as you're just in front of my OH.

 

Get Paintballs excellent letter sent off asap and hopefully it won't be too long before you've got your full and rightful amount and remember the interest is accruing every day til settlement:D

 

Brownie24:)

[electric lemon]

Thanks Painty,

 

That letter seems just the job! Ideal!

 

I forgot about how the interest /CCI is going up daily & will have to have a good look at my spready later!!

[Paintball]

Lemony, if you haven't yet worked out your daily rate, just go to the date in your spready and overtype it with the next day's date and there's your daily rate (mine is 49 pence).

Painty

[electric lemon]

Ha Ha!! Pb & Brownie!!

 

Figure is now at.....£919.68 & rising daily!!

 

Have earnt £19.14 since last letter went out.

 

Bring it on Baaaaaaaaaaby!"!!

[brownie24]

Yay you go girl let them get away with nothing:D

 

Brownie

[electric lemon]

hi Painty,

 

Ive done that letter but I changed the amount of days to 7.

 

As I was planning to send off an LBA yesterday but instead the grim offer came from Cap 1, I actually cant make reference to the previous LBA as there hasnt been one!

 

I just omitted that part.

 

Hope these ammendments are ok?!

 

love Lemoney:D

[electric lemon]

Oh, & just went & checked the daily interest.

 

Very interesting that was:

 

Interest is accruing at 86p per day!!!!!!!!!!!!

[electric lemon]

Hellooooooooooooooooooooooooooooooooo!!

 

Is there anyone there?????????? (Echoing sound in cave type thing!!! )

 

Can anyone just confirm that the adjustment from 10 to 7 days is ok as I'd really like to send the letter tomorrow.

 

Cheers!

[electric lemon]

Paintball - I miss you!!!!

 

Must be having the fabbiest of weekends!!!!!!!!!!!!!!! Hic!!

[sowerby17]

gosh i have just read your thread and I am hoping i find it a little easier claiming the cci lots of info on here to help me. Going after cap one and barclays. Will keep watching.I have read that if the claim is for less than £1000 they tend to settle much earlier.

[brownie24]

Hi Electirc Lemon

 

I think if I were you I would also add/amend the contents of the LBA letter and incorporate them in to Paintballs letter of above. That way you have informed them of your stance of requiring full settlement and also of your actions to proceed with court action if they do not act favourably.

 

I would therefore amend the time period to 14 days as given in LBA. That way you have given them a reasonable time period and followed the necessary steps to settle your claim before you take court action.

 

Brownie24:)

[doo]

electric lemon, I too would stick to the 14 days, tried and tested method and shows the court you are being reasonable. As for Paintball - she has definately gone missing, must be painting the town red.

[Paintball]

Lemony here's the letter you want (it's in the Bank Templates section under Rejecting Offers). You may wish to amend it ...

 

Letter 4: Offer BEFORE court action starts

LETTER 4

*************************

 

 

 

YOUR Street

Town

City

Postcode

 

 

 

Date

 

BANK NAME

Address

Address

Postcode

Re: Account number XXXXXXXX

 

Response to settlement offer.

 

Dear [named sender or Sirs]

 

Thank you for your letter dated xx/xx/xx

 

I respectfully decline your offer of settlement and request, one final time, that you return to me all charges imposed on this account, totalling £xxxx

 

In order to avoid Litigation against you, I am prepared to temporarily accept the sum offered as partial settlement on the clear understanding that the remainder is paid within the next 14 days. Failure to comply with this request will result in legal action against you for recovery of the full amount.

 

 

If you do not accept my conditions for acceptance, or you do not respond within 14 days, the money transfered to my account should not be viewed as my acceptance and I hereby authorise you to remove this sum accordingly.

 

I trust this clarifies my position.

 

 

Yours faithfully

 

Lemony

 

 

[signature]

 

 

[print name]

 

 

 

Hi Lemony sorry I wasn't around at the w/e. Mixture of shopping, eating out (inexpensively, of course!! ) and walking in the beautiful County Durham countryside :grin:

 

See letter above which I have amended to show 14 days and change in last sentence of paragraph 2.

 

Above all, the letter should reflect the actions you have taken to date and give Cap One plenty of time to respond to your request.

 

Send the above letter first class recorded delivery giving it two days to get there. The 14 days will start from receipt of your letter. If you have no resonse, then get your N1 started.

 

You will win ...

[electric lemon]

Thanks Painty,

 

G8 to have you around again!

 

Letter typed, printed, done & dusted, signed & sealed!!

 

For sending tomorrow.

 

Ready for MCOL around payday!!

 

Oh, my positivity astounds me!!!

[sowerby17]

Well i must say many thanks to you all on this thread i read paintballs thread on how to do contractural spreadsheet and did it in an hour.Could not believe it. Even so if i had not read thisthread it would have taken me days.My claim is with Barclaycard but have sent my sar off to cap one and will hit them with contractural as well.will keep watching.

[electric lemon]

Way to go Sowerby!!!

 

Welcome aboard!!!!

 

Errrrrrrrrrrrrrrrrrrrrrrrr, dont want to be a twit....but I am claiming Compounded contractual interest here & for barclaycard arent I????

 

Not just contractual????

 

I can do the math but have now got confused again as I have to send off my 1st letter to B'card with spreadys & just need to absoloutely make sure!:o