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Sapphire's hubby v Cap One

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  • Sapphire's hubby v Cap One

    Just when you think you've finished you find another one pffft. This is following on from over the road.

    Sent LBA letter and rejection of settlement letter on 19 June 2007 for £340.00, and received this letter back. Has anyone else seen this letter before or have they changed tactic since I last claimed from them (on my card).

    Thanks you for writing back to me about my offer to refund £136 of the fees we've added. I'm sorry to hear that you feel my offer is unacceptable.
    As I've already explained, we're confident our fees are both far and legal and I'm disappointed to hear you're considering 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 won't be refunding all of the fees as you've asked.
    This offer is still open to you. I won't be increasing this, as it is my final offer. I have included another settlement form for you. While you're disputing these fees, it is important that you maintain payments as your account balance consists of transactions that you have made. Failure to do this may result in negative information being recorded on your credit file, which may affect your ability to gain credit in the future.
    Financial regulations require me to advise you that this is my final response in relation to this matter. However, you now have the option to contact the Financial Ombudsman Service within six months from the date of this letter. Their contact details are in our complaints leaflet, which I included with my last letter.
    Again, I look forward to receiving your signed settlement form so we can put this behind us and save the court's valuable time.

    Anyone, any ideas ?

    sapphire

  • #2
    Basically they are giving you their FINAL decision on the matter.
    YOu can now persue through the FOS as they require a final decision before they will persue a case for you.
    Just do your N1 and I'm sure there offer WILL increase to an identical sum of what you are claiming plus interest.

    P

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    • #3
      I also liked this line:

      Again, I look forward to receiving your signed settlement form so we can put this behind us and save the court's valuable time.

      They could have saved everyones time by paying up at he prelim

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      • #4
        Same letter as I got Sapphy if you carry on they will defend and pay up. They defended mine on 24/5 and paid up 18/6 it was straight forward though I didn't claim CI.

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        • #5
          So basically I gotta go the court route and they will pay up before - Yes.

          sapphire

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          • #6
            Yes that's right, shame you didn't do the CI they have paid that to Fendy no bother and it more than doubles your claim. Delta and Jan have just started heir claims with Ci as well.

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            • #7
              To be honest I've never been that sure about CI, I was always happy to go for just the 8%. As I have never gone the CI route, I have no ideas at all. I suppose its a bit late now anyway. Think I'll just start doing my N1 now, as i'm sure MCOL is not recommended now is it.

              sapphire

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              • #8
                I didn't do CI either as it was hit and miss and as they are my sons claims there is no way he would argue the toss in court about CI, as you are supposed to, if it goes to court.
                I have used MCOL on all 4 of my claims, NI if you are doing CI because the POC's do not fit on the MCOL form. I have had no problems Enaid

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                • #9
                  Question : As I have already approached Cap One with my claim + 8% (and got told to sod off). Is it too late for me to redo my spready and claim the CI, or is that a tad too risky. Its just that I would like to do it, basically to **** them off after say no to me.

                  sapphire

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                  • #10
                    Sapphire,

                    This is what I have done, I sent them a prelim and LBA a few months ago and they offered me the £8 over the £12 the OFT say they are 'allowed' to charge, so I've just gone back to them with a prelim for Charges + CI, I'll let you know what they come back with but I suspect it will be the same offer again.

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                    • #11
                      Re: Sapphire's hubby v Cap One

                      Its about time I got back in the saddle so to speak and got things sorted out, New Year New Start and all that.

                      This shower are really pishing me off now, they have passed it over the Lowell Financial for collection, well its time for the CCA 1974 to be fired off and see what paperwork comes back. In the meantime I'll go back through my paperwork and see if Cap One did actually pay back any charges.

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                      • #12
                        Re: Sapphire's hubby v Cap One

                        Well if they didn't pay back any charges, then get on the case and get those charges back! As you know, Crap One are dead easy to get charges back from, they will cave in as soon as you file an N1.
                        Is no longer here

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                        • #13
                          Re: Sapphire's hubby v Cap One

                          Letter back from Lowells, same old, same old stuff, we are in received, we are requesting a copy as asked and will get back to you blah, blah, blah.

                          12 days up 28th.

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                          • #14
                            Re: Sapphire's hubby v Cap One

                            Muppets.
                            One of these days they will learn, or NOT

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                            • #15
                              Re: Sapphire's hubby v Cap One

                              Got this today, seems like a new tactic to me or is it an old one and I've not been given the benefit?

                              Following your recent request to be provided with a copy of the original credit agreement in respect of the Consumer Credit Act. I can confirm that our client Capital One has requested that your credit agreement be retrieved from archive.
                              Once your agreement is retrieved you will be required to repay the outstanding balance in full. If deemed necessary, we may initiate legal proceedings which could eventually see your outstanding balance increase due to court costs and interest.
                              In an attempt to resolve this matter i an amicable way I would like to offer you a settlement to bring this matter to a close.
                              As long as payment is with us by 07/02/2009 I am willing to accept £500.40 as full and final settlement on your account. If payment is not received within the time we reserve the right to proceed to collect the full balance.
                              If you want to take the offer and bring the matter to a close then please call the number below.

                              Comment

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