Chrissieo v Cap 1 **WON**

[chrissieo]

Cap 1 CC of 4 companies I am attempting to reclaim unfair charges from. The story so far........................

 

23/3/07 Requested statements todl 28 days

12/4/07 rang to say statements not arrived, customer service chap, very polite said they had been sent on about the 2/4/07 but he would send me copies of my full statements as it would be quicker.

25/4/07 received statements

26/4/07 Posted claim, giving 14 days for response

10/05/07 Told they were dealing with my claim and I should here something and letter had been sent so should hear early this week

15/05/07 Rang was told they had sent a reply to me on the 4/5/07, which I have never received and was told I couldn't have a cpoy.

 

Faxed second letter chasing them by fax giving them 7 days to reply or I would start proceedings.

 

Rang back in the afternoon as I was niggled by the reply I had received this morning only to be told this time my claim had never been received and that they had verbally put in the request for my claim to the executive department and they had replied on the 4th and they would send me a copy of letter within 7 days.

 

All help and advice greatly received

 

Thanks

 

Chrissieo

[chrissieo]

Cap 1 CC of 4 companies I am attempting to reclaim unfair charges from. The story so far........................

 

23/3/07 Requested statements todl 28 days

12/4/07 rang to say statements not arrived, customer service chap, very polite said they had been sent on about the 2/4/07 but he would send me copies of my full statements as it would be quicker.

25/4/07 received statements

26/4/07 Posted claim, giving 14 days for response

10/05/07 Told they were dealing with my claim and I should here something and letter had been sent so should hear early this week

15/05/07 Rang was told they had sent a reply to me on the 4/5/07, which I have never received and was told I couldn't have a cpoy.

 

Faxed second letter chasing them by fax giving them 7 days to reply or I would start proceedings.

 

Rang back in the afternoon as I was niggled by the reply I had received this morning only to be told this time my claim had never been received and that they had verbally put in the request for my claim to the executive department and they had replied on the 4th and they would send me a copy of letter within 7 days.

 

All help and advice greatly received

 

Thanks

 

Chrissieo

 

Oh well I suppose the battle has now commenced. Finally got the offer letter today of £190 against claim inc interest of approx £660.

 

Refusal letter will be in the post very soon................am actually going to submit a reduced claim to reflect £4 acceptable as charge less interest. Will include interest if no reply within 14 days and court proceddings started.

 

Chrissie

[doo]

It's your decision but Cap One are paying out on all your charges in full.

[chrissieo]

It's your decision but Cap One are paying out on all your charges in full.

 

Thinking of both options at mo, can't do anything till monday as away with work, but I think you are prob right will let you know when I decide what to do

 

Thanks

 

Chrissie

[ukaviator]

Hi Chrissie

 

As the banks won't tell us how much the real cost is, we have to claim back all of the charge. Continue your claim using the tried and tested procedure here.

 

Uk

[chrissieo]

Hi Chrissie

 

As the banks won't tell us how much the real cost is, we have to claim back all of the charge. Continue your claim using the tried and tested procedure here.

 

Uk

 

Think I probably will fgo ahead. Has anyone used the Finasncial Omudsman against Cap1 as a little strapped for funds at mo and the £50 for the MCOL could stretc h me a bit for a couple of months and don't really want to wait till July to file the claim.

 

Chrissie

 

PS had to laugh today though. Had been away working for a few days and when I got back tonight found anouther letter fromCap1 saying they were sorry I was rejecting their claim and appologising for my complaint about poor communication. It was def not a template letter as it referred to my letter but I haven't yet refused their offer.

[ukaviator]

The Financial Ombudsman take far too long to do anything. It would be better if you filed and paid the £50.. after their defence is submitted they normally pay out, about 6 weeks from now.

 

Uk

[chrissieo]

The Financial Ombudsman take far too long to do anything. It would be better if you filed and paid the £50.. after their defence is submitted they normally pay out, about 6 weeks from now.

 

Uk

 

Thanks...................will have to re budget for next month. Paying off originally 19K (following a very messy divorce, he got the money i got the debts.........HOW DID THAT HAPPEN!! down to 10K after 2 and half years debt free date dec 09 and this would make a quite a diff if I get the alot about another £450 not including the part payment they already paid.

 

Chrissie

[ukaviator]

Chrissie

 

Are you going for Contractual Interest?

[chrissieo]

Chrissie

 

Are you going for Contractual Interest?

 

Yes

 

chrissie

[ukaviator]

Good, that will give your refund a boost. After all that's what they have charged you. If you need help with that just post here. Have a good night.

 

Uk

[chrissieo]

I am now in the process of preparing my MCOL. Can some please tell me if I complete it reflecting the full amount or do I deduct the part payment already received?

 

Thanks

 

Chrissie

[ukaviator]

It would be better if you used the N1 form for Contractual Interest, I did use one for MCOL once, but there is'nt enough space to put everything into your POC, so i left off the daily rate bit. Yes deduct the amount from your total.

 

Uk

[chrissieo]

It would be better if you used the N1 form for Contractual Interest, I did use one for MCOL once, but there is'nt enough space to put everything into your POC, so i left off the daily rate bit. Yes deduct the amount from your total.

 

Uk

 

OK so Cap1 7 days are up since I turned down their offer and I am about to start the MCOL. I am feeling really daunted by this and have loads of questions.

 

So all help will be greatly accepted and please bare with me as some of these questions may seem a little niave to some of you and I may become a bit of a pain in the butt but want to make sure I get it right as I have another 3 claims after this one.

 

I wish I had someone with more experience in these things here to hold my hand while I complete the MCOL.

 

Chrissie

[chrissieo]

OK so Cap1 7 days are up since I turned down their offer and I am about to start the MCOL. I am feeling really daunted by this and have loads of questions.

 

So all help will be greatly accepted and please bare with me as some of these questions may seem a little niave to some of you and I may become a bit of a pain in the butt but want to make sure I get it right as I have another 3 claims after this one.

 

I wish I had someone with more experience in these things here to hold my hand while I complete the MCOL.

 

Chrissie

 

OK here goes: -

 

Stupid Question 1

 

I have got to the POC stage of the MCOL on line and it says that you are only allowed 1080 charecters. The only POC templates I can find elsewhere on the site are about 5 x that long.

 

I eagerly await some help.

 

Chrissie

 

PS Me thinks this could be a record for the longest time ever recorded to complete a MCOL

[jshtr3]

Chrissie, As aviator said in post 13, if your claiming contractual interest there really isn't enough room o file on MCOL. You need to use an N1 and file at your local court.

[chrissieo]

I have 2 questions that I hope that soemone can help with.

 

1. When I filed my MCOL I made a mistake and it was suspended. I spoke to their help line and they told me to create a new one, send them an email saying that MCOL*****1 replaces MCOL*****2 and they will refund the £80 for the first one. I had a reply saying that this would be submitted for refund but it was at the court managers discression, does anyone know what is the likelyhood of me getting my original £80 back and what is likely to be the time scale.
   
2. I submitted my 2nd MCOL on the 18th and it seems to of gone through allright. The situation is that my account with Cap1 has been with a collection agency for some time, they have deducted their first offer from this account, which is fine by me, but if my claim is met in full including interest and charges it will be in excess of the balance due, will they clear the balance and forward me a cheque for the rest, I have heard many stories of banks paying claims into closed accounts and people having trouble accessing their funds, has anyone been in a similar situation and what was the outcome.

Thanks

 

Chrissie

[chrissieo]

I have 2 questions that I hope that soemone can help with.

1. When I filed my MCOL I made a mistake and it was suspended. I spoke to their help line and they told me to create a new one, send them an email saying that MCOL*****1 replaces MCOL*****2 and they will refund the £80 for the first one. I had a reply saying that this would be submitted for refund but it was at the court managers discression, does anyone know what is the likelyhood of me getting my original £80 back and what is likely to be the time scale.
   
2. I submitted my 2nd MCOL on the 18th and it seems to of gone through allright. The situation is that my account with Cap1 has been with a collection agency for some time, they have deducted their first offer from this account, which is fine by me, but if my claim is met in full including interest and charges it will be in excess of the balance due, will they clear the balance and forward me a cheque for the rest, I have heard many stories of banks paying claims into closed accounts and people having trouble accessing their funds, has anyone been in a similar situation and what was the outcome.

Thanks

 

Chrissie

 

 

BUMP:?

 

Chrissie

[ukaviator]

I have 2 questions that I hope that soemone can help with.

1. When I filed my MCOL I made a mistake and it was suspended. I spoke to their help line and they told me to create a new one, send them an email saying that MCOL*****1 replaces MCOL*****2 and they will refund the £80 for the first one. I had a reply saying that this would be submitted for refund but it was at the court managers discression, does anyone know what is the likelyhood of me getting my original £80 back and what is likely to be the time scale.
   
2. I submitted my 2nd MCOL on the 18th and it seems to of gone through allright. The situation is that my account with Cap1 has been with a collection agency for some time, they have deducted their first offer from this account, which is fine by me, but if my claim is met in full including interest and charges it will be in excess of the balance due, will they clear the balance and forward me a cheque for the rest, I have heard many stories of banks paying claims into closed accounts and people having trouble accessing their funds, has anyone been in a similar situation and what was the outcome.

Thanks

 

Chrissie

 

 

Hi Chrissie

 

You may get the £80 back, if the MCOL has'nt been too long in the system. A clerk may have well noticed something and has given you a bit of help.

 

Any money owing to you on a closed account should be paid back to you by a cheque being issued to you. When they give up and decide to pay you, let them know you require a cheque before you cancel any court action.

 

Uk

[chrissieo]

I filed my MCOL on the 19/6. Cap 1 failed to acknowledge. On Tuesday the 10/7 I pressed the judgement by default button. How long now should I wait before I start chasing them for payment.

 

Chrissie

[jshtr3]

Hi chrissieo. You should get something from the court confirming your judgement. Chase them when you have this. Also see this link about what to do next http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

[chrissieo]

Hi chrissieo. You should get something from the court confirming your judgement. Chase them when you have this. Also see this link about what to do next http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

 

I am a little confused, On MCOL when do I click the Warrant button

 

Chrissie

[ukaviator]

I would give the helpline a call Chrissie, just to see if there is any movement form Capital One..

[chrissieo]

Spoke to Capital 1 this morning and the balance of £217 has been cleared from my account and they are sending me a cheque for the balance of £322 this means I have received the full amount claimed £731 (inc interest & court costs).

 

Only one last little hurdle to over come my standing order to Capquest for July crossed over with the settlement so they have informed me they will returned this to me by cheque within 4 weeks and for me to call them if I don't receive it.

 

My first victory, so I am well chuffed. MCOL against MBNA to be submitted next.

 

Thanks all of you for your help

 

Chrissie

[jshtr3]

Well done chrissie, Good luck with the next one(s)

Congratulations