Delta V Crap One ***SETTLED***

[iancognito]

Re: Delta V Crap One

Love it Delta, hope he had that one on hands free!!!

[Delta]

Re: Delta V Crap One

It was a she, and I don't know if they have hands free in wherever the heck it is they call from these days. I am yet to have this conversation with someone that speaks with a recognizable English accent.

I suppose if they are threatening to darken my credit file unless I pay up, then that could be construed as demanding money with menaces?

She really was flummoxed by it all, and she just didn't have a clue, I guess that's because she works in collections and all this 'jargon' is for the legal department!

Numpties!

Bet there's a phonecall tomorrow!!!!! :argh:

[Tempty]

Re: Delta V Crap One

oh Delta hunni that was priceless, i know it's no laughing matter really but that had me in stitches fantastic stuff

[Delta]

Had a crappy one offer

Got this just now

I write in connection to the above court claim, which you have issued against Capital One Bank (Europe)plc. I have now had the opportunity to investigate your claim of £3128.60.
It is denied that these fess are unlawful and they are detaild in your terms and conditions and in our customer welcome pack. Our fees are based on the costs we incur when a customer breaks their contract by making a late payment, failing to make a payment or goes over their credit limit. The fees are only levied when a customer breaches their contract in this way and can be avoided if payments are maintained and the account kept within the credit limit.
Capital One has acted in accordance with the terms and condistions of your credit agreement throughout this matter and it is clear you have no claim against Capital One. After reviewing your request for £1882.60 for interest I can confirm that your calculations are incorrect. All default fees charged to any account are always charged at purchase interest rate. The total amount of purchase interest rate we have ever charged to your account since June 2001 is £214.39. This amount includes the interst on all of your purchases and only a small portion of this figure has been charged on default fees. On the basis of the above, I cannot agree to the proposal of refunding to you the sum of £1882.60 to cover the fees and interest.
I am prepared to oferr, without any admission of liability, a refund od fefault fees in the sum of £1126. I'll also refund the purchase interest charged to your account in the sum of £214.39 and £227.04, which is the 8% you are entitled to claim under section 69 of the County Courts Accts 2984 and the court fee of £120. This brings my total offer to £1687.43, and I've added this to your account today. This refunded has cleared your bablance and I have arranged to send you a cheque foo £1459.14 which you should receive within 14 working days.
These refunds are made purely as a gesture of goodwill and we will now defend this claim on the basis that we have refunded to correct amount.
Then a load of blurb about keeping the account in order. She then goes on to say..
I hope I have explained things clearly for you and we can move on from here. I would finally request that you contact the court toi confirm the settlement and discontinue your claim. This is very important as it is your responsibility to inform the court that your claim is settled and avoud wasting any further valuable court time. We have also written to the court to confimr that we have paid in full.
Yours sincerely
blah blah

[Delta]

Re: Delta V Crap One

I still have not received the CCA, even though they signed for it on the 3rd July, They have added further charges and interst to the account since then, and they are obviously wanting to use part of this settlement to clear that up.

The interest that I claimed was using the purchse interest figure that they are currently using.

What do I do now? I am not happy about not having had the CCA and the fact that they were still charging after it went into dispute, and still trying to get money off me during that time, either by statement, letters and phone calls.

[Amethyst]

Re: Delta V Crap One

mmmm sounds fair to me (sorry) but I'm not a great believer in contractual interest.

The CCA and the charging whilst your account is in dispute ...... Basically they have refunded you all charges they have taken, plus all interest they have taken (thus you are in the position now that you have been using the credit card facility at 0% interest throughout the life of the account and not paid charges on any late payments - the 8% covers interest you MAY have earnt had you put that money elsewhere) You have cleared the account, paid back that which you have spent, and as the account is cleared and they are sending you a cheque for the excess - is there a need for the CCA now ?

I'm sure other will have different opinions but to me you have been returned to the position as if you had spent the money in cash.....so I'd like to say CONGRATULATIONS - but I don't think you feel quite that way as yet.

[Paradox]

Re: Delta V Crap One

I have to agree with Ame, especially with the current state of affairs with court claims (yes, I know that the "test case" doesn't cover them, but they're still being stayed).

Your card now has a nil balance, you haven't paid any interest on it, nor penalties, so there isn't a need for a CCA at this present moment.

I wouldn't stop court action until you have received the cheque at it's in your account though.

[Delta]

Re: Delta V Crap One

Thanks for the honest reply, I am not quite sure how I feel at the moment to be honest.

Have just checked the spready with the 8% on, and I have it at £310 as of today, they are saying 227 (letter dated 18th), so I don;t know what figures they are using.

[Paradox]

Re: Delta V Crap One

Ring them for clarification, then get them to put how they came to that figure in writing. Only when you and they agree will you stop court action.

[Tempty]

Re: Delta V Crap One

I'd have to agree hun, and say it's a result!
I think you may find it very hard to push through the court any further..... as the amount is very close.

I'd say well done hunni..... way to look at it is it's money you thought you's never see again..... and you now have a nil balance.... with a few extra spondoolies on the way

[WendyB]

Re: Delta V Crap One

Well Delta - a result! Its money in your pocket (nearly) and one less hassle to worry about.

Well done

[Amethyst]

Re: Delta V Crap One

Maybe they have charged purchase interest and cash advance interest ? and are just refunding the purchase interest ? or something like that ?

[Delta]

Re: Delta V Crap One

Well its been nearly 2 weeks now and still no sign of the cheque, oh well, haven't been in touch with court to stop and won't do so until I have it and its cashed!

[iancognito]

Re: Delta V Crap One

OH got his cheque yesterday so they are waiting the full 2 weeks (plus) to send them out. I weakened and paid in my cheques I'm afraid , suppose I could always be really cheeky and go for the part settlement letter

[Delta]

Re: Delta V Crap One

Whooooppppeeeedooooppppieeeedoooo

The cheque has just come!!!!!!!!!!!!!!!!!!!!!!

:carrot::okay::dance: