WendyB - v - Capital One ***SETTLED***

[WendyB]

Re: WendyB - v - Capital One

Yeah, am definitely gonna carry on. Was just a bit confused as to what letter to send. Think I'm gonna do an LBA incorporating a rejection, or a partial acceptance, not sure which? What do you think? And they haven't paid any money onto my account, it says quite clearly on their letter that I'll receive a cheque within 21 days of acceptance.

[enaid]

Re: WendyB - v - Capital One

This is what I cant understand though Wendy, they will send you a cheque so it has to be closed. On the other hand they say you have £2000, what was your limit?
Either way, I'd do LBA don't know wether to suggest partial acceptance or not because of the CI. Have a look at Fendy's see what they did with hers.
If they put some in her account or not, they did with my lads but it was just the 8% and they just knocked off what they had paid him off the final amount.

[WendyB]

Re: WendyB - v - Capital One

limit was 2100, I owe 28.84 now so available limit 2071.16. Except its not available really, cos i asked them, and anyway I don't want it to be available and I've chopped the card up!

[WendyB]

Re: WendyB - v - Capital One

I was thinking of this, what does anyone think, or should I not do a partial acceptance cos of CI?
I am at odds with your views and I will accept your offer in partial settlement only of the full amount claimed as I see no need to discount for risk. I am of the opinion the law is clear on liquidated damages and that, irrespective of your belief to the contrary and regardless of any agreement that I may have signed, the payment of excessive damages will be interpreted as a penalty and therefore the charges imposed by you will be unenforceable and judgment granted in my favour should I file a claim in Court.


I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.


Accordingly I would suggest that you consider your position with regard to common law and penalty clauses and to avoid further legal costs to you, settle in full within 14 days, otherwise I will have no alternative but to file a claim in Court.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I calculate that you have taken £xxx plus £xxx in interest, making a total of £826.31
I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 24th July 2007

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.


Additionally you have entered a default notice against my credit record. In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

[enaid]

Re: WendyB - v - Capital One

In how many pieces pmsl, they not easy to chop are they lol?
Well I would refuse the offer with the LBA carry on and ask for removal of default to boot. You have nothing to lose have you and they do pay up, they don't mess about like Barclays :rolleyes:

[WendyB]

Re: WendyB - v - Capital One

Its bits of the rejection letter from here and CAG, and an LBA. Do you think its okay? Am gonna check out Fendy's thread before I decide.

[enaid]

Re: WendyB - v - Capital One

You need someone more expert than me Wendy, but Fendy did put her letters and emails on her thread I think, won't do any harm to check them out .After all they worked lol.

[WendyB]

Re: WendyB - v - Capital One

Must be on her thread over the road cos its not on this one.....doesn't look like she had a partial offer...

[iancognito]

Re: WendyB - v - Capital One

Wendy I think I would add a bit about the OFT report on CC charges too.

http://legalbeagles.info/forums/showthread.php?t=1040

[Kafka]

Re: WendyB - v - Capital One

Be aware also that there have already been some cases of credit card claims being stayed due to the OFT 'Agreement'. Some bank sare lying about credit cards being included and there are judges that have also agreed with this and put stays.

It is a good idea to stress in all correspondence that the OFT has already ruled on credit cards, even though it was a typically limp and largely ineffective result that they failed to implement properly.

Regarding the default, these are casually put on by banks out of spite and can be easily removed, no matter what they say. You could always insist on this as part of the settlement and see what they say - it means nothing to them to have it there.

BTW - I presume you realise that you can enter explanations on your credit file for any dodgy entries? This means that a proper assessment of you credit file (say by a mortgage company) would contain an explanation of how unfait it is. This will not affect most credit searches because these are done by computers and it is purely an automated process that ignores details.

[archer_66]

Re: WendyB - v - Capital One

ooo yea wendy ive just done that as well!
i have dared to look at my credit rating and what a lot of cr** is in it! ive got a CCJ still owing that was settled b4 judgement and ive queried about 6 other entries and they put the query on ur account until theyve got in touch with the firm! capital one have me down as being 8 months overdue when in fact the account is clear!!! thats just one of them!

[WendyB]

Re: WendyB - v - Capital One

Well have finally got a letter together that I'm vaguly happy with, although I didn't put in anything about the OFT. If they don't know that by now they never will (and I couldn't fit it on the page!). Have given them a get out clause if they pay up in full, and to be honest I'd take the charges alone without the interest. They've been quite quick at replying so far, so lets wait and see what happens over the next 14 days.

[WendyB]

Re: WendyB - v - Capital One

Can someone check this before I send it please



thanks

[iancognito]

Re: WendyB - v - Capital One

Wendy, If this is to Cap One the second paragraph needs changing to Overlimit and Late payment fees, other than that, looks great

[WendyB]

Re: WendyB - v - Capital One

Thanks Mistie for your help, have now done the new version and it will be going in tonights post. Will post in the templates section in case anyone else wants to use it.

Wendy x