Livett V's Capital One ***WON***

[vllivett]

Hi all,

 

I am sending my request of repayment of charges totalling £541.59 today. Will let you know the progess in 14 days time.

 

Vicky

[coppertop]

Good luck vllivett, just stand your ground, they offered me £320 but I declined, waiting for a full settlement cheque of just under £1200 including court costs.

[vllivett]

Hi

 

I was wondering if anyone could help me cap one have registered a delinquent status on my credit file, I know why this was as I had missed payments 4 in total, however I had made them aware of my finanical problems and that I would arrange a payment plan with them as soon as I had sorted out my job. I have been paying the arragement now for a year and haven't missed one payment in that time.

 

The issue I have is that the statements from cap one shows I missed 4 payments in a row not 6 payments as it states on my credit ref file this was up to june 2006 and the arragement was made just after my june bill was issued and a payment was made by myself on the 17th June 2006. Statement date of last unpaid bill was 14/06/2006.

 

However cap one did not register my account as delinquent intill August 2006 which is after I had made the payment arrangement. The amount that they state I was delinquent on shows as £773 which was the june balance however I had made two payments on the account by August and therefore the amount would have been less.

 

As £500 of the £773 is made up of penalty charges, is there anyway of having this amended on my credit file as I would have been making payments on the account if they had not added charges, as I would have been able to afford the minimum payments on the account if it had only been the £273 outstanding from my part time job.

 

As it is not classed as a default but due to the missed payments it is just as hard to obtain any further credit arrangement, which at present my partner and I are having to put off buying our own home as we are unwilling to be discriminated against due to my finanical difficulties a year ago that I tried to resolve at the time.

 

Thank you in advance for any help you can offer

[vllivett]

Hi All

 

Recieved standard letter today saying all fees are fair etc etc, we all know what that say now, however in my letter states that Ellie Renshaw, has reviewed my account, and states

 

"I've reviewed your account and due to all charges have been refunded on my account previously there is nothing left to refund to you."

 

My statements only go to 7/2006 due to the account been closed and passed to the debt management department as the card was over the limit, the refunds that I am aware of are £81.75 for payment protection insurance which I cancelled in 4/2006 and the total I had paid puls interest was refunded to myself due to cap one not send out the policy docs back in december 2004 when I opened the card and insurance.

 

Sent letter Before Action, 20/06/2007.

[vllivett]

got letter dated 28/6 saying that the difference of £192.00 have been credited to my account. Which is fine but will still take further account for the remining £308.00 plus interest, so am preparing my documents for the court.

Do I need to send another lba advising cap one to pay the £308 + £41.59 in intreset or can I just go straight to the court?

[coppertop]

Write back advising £192.00 will be accepted as PART settlement, and if the balance is not received within 10 days then you will begin court proceedings. Stick to your guidlines, adding that court costs etc will be added to the claim if you proceed. This happened with a member of my family and Capital One settled up - the paid up a few days after an acknowledgement was logged at the courts. Good luck.

[vllivett]

I have sent a letter today stating that I will accept £192.00 as part settlement, giving thme 10 days to pay the remaining. Once that's up I have already sorted out all my paperwork to proceed to the courts.

 

Thanks

[Paintball]

I have sent a letter today stating that I will accept £192.00 as part settlement, giving thme 10 days to pay the remaining. Once that's up I have already sorted out all my paperwork to proceed to the courts.

 

Thanks

 

 

Hey Livett

 

Just my opinion, but if you are claiming interest as well (after all, you have paid it out per charge and you are due it back) I find it better to keep your claim whole, ie, decline the part payment and keep on with your claim. They will pay up, I got my money back from Cap One and you will too.

 

If you need any more help, please ask.

[vllivett]

Sent the letter already but did ask for the full interest aswell, so will see, but I need to ring and check that the account has been credited anyway due to the fact I don't get statments anymore.

Will start proceedings within the next week or so.

[vllivett]

Got letter back dated 12th July, stating they are unwilling to increase the offer of £192.00.

 

Letter says:

 

Dear Miss

 

Thank you for writing back to me about my refund offer of £192 of the fees we've added. I'm sorry to hear that you feel that my offer is unacceptable.

 

As I've already explained, we are confident our fees are both fair and legal and I'M dissppointed to heat you're consideing court action. The OFT haven't told us that we're obliged to refund any fees and we've offered refunds as a gesture of goodwill. I'm afraid I'm not prepared to refund all the fees we/ve added as you've asked.

 

Finanical regulations require me to advise you that a refund of £192 is my final response in relation to this matter. However, you now have the option to contact the Finanical Ombudsman Service within six months from the date of this letter.

 

Again, I'm sorry that I can't refund all of your fees and hope we can move on from here.

 

Yours Sincerely

 

Ellie Renshaw

Exceutive Office Manager.

 

Well I am moving on from here geeting my documents together to go to the court tomorrow.

[ukaviator]

Standard letter from them. . next stage now. Keep to your timetable, we will be watching your progress.

 

Uk

[deedee1310]

Hi vllivett,

 

I'm subscribing.

 

I'm filing my N1 tomorrow. I was offered £384 in total which I have rejected as I am going for default and CCJ removal as well as my monetary claim. It helps to keep the claim whole. My penalty charges alone amounted to £910 so £384 is a mickey take. I have also charged contractual interest at 34.9%.

 

Anyway best of luck.

 

deedee

[vllivett]

Well as I am applying for the court cost to be wavied by the court, due to how tight my current budget is, if I don't get it I will have to wait till payday at the end of the month for put my claim in. This one isn't too bad as its only £50.00 but the barclaycard one is £120 so am unsure if I can do that this month if I can't get the costs waived.

 

Off to court in next hour to try to get everything sorted.

[vllivett]

Hi Forgot to ask this earlier, how do I make a complaint under the Consumer Credit Act 1974, I've looked on the OFT web page and I am a little lost and confused:???:

 

Can anyone help? Thanks

[vllivett]

Hi All,

 

As I have to pay the £120.00 court fees for my barclaycard case, I haven't taken this one into court yet, not only that my printer keeped eatting the paper when I was trying to print the last N1 out for the case the other day.

 

As I am sending an appeal letter today about the court case for barcalycard, I am going to hold fire for a week with this one and the fact that I am being induced on sunday as still haven't gone into labour.

 

Also sending a complaint letter to the FOS as that's what their final response letter said to do so am doing that as well, plus the IOC advise you to do that aswell.

 

Should be back on line later next week, GOOD LUCK everyone with your claims.

[vllivett]

Hi well I had my little boy Nicholas Henry on the 30th July. As I am having to pay the court costs for the barclaycard claim, as this one is smaller I am going to see if I have the £50.00 to start the claim at the end of the month and claim for this one 1st.

 

FOS have recived my letter so I am waiting for their final response.

[Paintball]

Hi well I had my little boy Nicholas Henry on the 30th July. As I am having to pay the court costs for the barclaycard claim, as this one is smaller I am going to see if I have the £50.00 to start the claim at the end of the month and claim for this one 1st.

 

FOS have recived my letter so I am waiting for their final response.

 

Hope you an get some cash sorted to pursue your claims ... it's hard work :o

[vllivett]

Well I haven't taken my claim to court but have sent a complaint to the FOS, I did this with Barclaycard and my payout was increased.

 

Complaint sent to FOS on 27/07/2007, letter dated 02/08/2007 from FOS advising of long timescales, letter from FOS dated 05/09/2007 saying my complaint has been passed to their casework administration area and is awaiting allocation to an investigation team. I know if I had taken it through the courts I could have possibley had a payout by now, but as I do not have the additional cash to place a claim this was the next best option for myself.

[ukaviator]

Well done Vllivett. Just the wait now.

[deedee1310]

CONGRATULATIONS ON THE BIRTH OF NICHOLAS HENRY!!!!

 

This shows how long it has been since I last caught up with your thread.

 

How are you both doing?! You're amazing - I had no idea you were expecting until I read the last few entries on this post. No wonder money's tight. However you have a lovely new baby boy so that doesn't matter so much. Best of luck with motherhood, if this is your first time. If it's not then best of luck anyway. The time goes so quickly - before you know it they're nearly teenagers!

 

I hope you get paid out soon. I went down the N1 route with Cap one who then "miraculously" increased their offer from £384 to £989. I rejected this and sent the cheque back (oooh the pain)last week, as they hadn't even scratched the surface with my claim.

 

I will keep a closer eye on your thread. Best of luck with everything and congratulations once again.

 

deedee xxx

[vllivett]

hi Deedee,

 

It's my 1st time although I do have a step daughter who is seven in November however I sometimes think she is a teenager as she loves handbags shoes etc.

 

Well another letter from FOS dated 20th September stating that they were contacting Cap One asking them if they wanted to increase their offer and that they should be back in touch within the next month.

 

hope your claim is going alright.

 

vllivett xxx

[vllivett]

hi deedee

 

how do i link my other threads like you at the bottom of your responses?

 

vllivettxxx

[deedee1310]

hi Deedee,

 

It's my 1st time although I do have a step daughter who is seven in November however I sometimes think she is a teenager as she loves handbags shoes etc.

 

Well another letter from FOS dated 20th September stating that they were contacting Cap One asking them if they wanted to increase their offer and that they should be back in touch within the next month.

 

hope your claim is going alright.

 

vllivett xxx

 

Good to hear that FOS are on the case. I sent my chwque back over two weeks ago and still nothing from the Crap Ones. They have filled in their AQ, a copy of which I received last week but since then nothing. I'm going to start writing to them every Monday and Thursday, until they pay up and remove all adverse information, remove the CCJ as I requested and pay me my claim with contractual interest.

 

I'll let you know how I get on. As for putting links in my signature, I'll think of the easiest way to do it and PM you!

 

deedee xx

[vllivett]

Hi all,

 

Well since I last logged in the FOS came back to me with Capital One's offer of £480 plus interest of £36.44 to settle the complaint, on the 22 November. This is a total of £516.44, this is on top of the £192 which was already refunded.

I therefore will have had a total of £708.44 refunded, this is £167.15 more then my orinigal complaint of £541.29.

 

I will have paid off any outstanding amount with capital one and will be closing my account.

 

I won Yippee:D

[ukaviator]

Well done .. . . . Great news.