MIKE770 v Capital One

[Budgie]

Re: MIKE770 v Capital One

Depends on status of account Mike.

If account is within credit limit or close to it and regular payments are being made then I believe that Capital One would normally send full settlement to you. Each case is reviewed on its own merits, even if settlement is made as a result of court action. I will review your thread to remind myself of the background to your claim.

Budgie

[MIKE770]

Re: MIKE770 v Capital One

Depends on status of account Mike.

If account is within credit limit or close to it and regular payments are being made then I believe that Capital One would normally send full settlement to you. Each case is reviewed on its own merits, even if settlement is made as a result of court action. I will review your thread to remind myself of the background to your claim.

Budgie

Is in Budgie.CCA dispute

[MIKE770]

Re: MIKE770 v Capital One

Copy letter from OMB:-

Capital One Bank Plc., As you know, the bank made a previous offer of £352.00 + £94.58 interest to you (2nd Offer), an attempt to resolve your complaint about credit card charges. However you told us that the offer was not acceptable because it did not represent a refund of the charges and interest that you feel is due.

In light of your comments, I contacted the bank to see if it would be prepared to revise its offer, but it is not prepared to do so because it says that the offer already includes the interest that is likely to have accrued on the charges. By way of further explanation, interest on the charges would have accrued as a proportion of purchase interest.

The Bank says that your total charges (£352.00) represent 8.41 parts of total purchases (£2,609.47) & therefore it would be appropriate to refund this proportion of total purchase interest (£795.76). The bank says this would mean a refund of £94.58 of interest which is the amount that has already been offered.


I also note that you are claiming £438.00) of charges. However, this service can only look at charges applied to the account for six years prior to the complaint being raised. You have said on the complaint form that the complaint was first raised in August 2009. Therefore Capital One has advised us that the above offer is a full refund of default charges for the six years prior to complaint being raised.

If you would now like to accept the banks offer of settlement, pls sign attached letter, within 14 days (sent 8 January 2010) Alternatively, if the proposed settlement still appears to fall short of your claim let us know the details of what remains outstanding. If I do not hear from you in 14 days, I will assume that you do not wish to accept the banks offer & will close my file accordingly.
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Copy letter from OMB:-

Capital One Bank Plc., As you know, the bank made a previous offer of £352.00 + £94.58 interest to you (2nd Offer), an attempt to resolve your complaint about credit card charges. However you told us that the offer was not acceptable because it did not represent a refund of the charges and interest that you feel is due.

In light of your comments, I contacted the bank to see if it would be prepared to revise its offer, but it is not prepared to do so because it says that the offer already includes the interest that is likely to have accrued on the charges. By way of further explanation, interest on the charges would have accrued as a proportion of purchase interest.

The Bank says that your total charges (£352.00) represent 8.41 parts of total purchases (£2,609.47) & therefore it would be appropriate to refund this proportion of total purchase interest (£795.76). The bank says this would mean a refund of £94.58 of interest which is the amount that has already been offered.


I also note that you are claiming £438.00) of charges. However, this service can only look at charges applied to the account for six years prior to the complaint being raised. You have said on the complaint form that the complaint was first raised in August 2009. Therefore Capital One has advised us that the above offer is a full refund of default charges for the six years prior to complaint being raised.

If you would now like to accept the banks offer of settlement, pls sign attached letter, within 14 days (sent 8 January 2010) Alternatively, if the proposed settlement still appears to fall short of your claim let us know the details of what remains outstanding. If I do not hear from you in 14 days, I will assume that you do not wish to accept the banks offer & will close my file accordingly.

Copy of Ombudsman letter reffered to above.

[MIKE770]

Re: MIKE770 v Capital One

Copy letter from OMB:-

Capital One Bank Plc., As you know, the bank made a previous offer of £352.00 + £94.58 interest to you (2nd Offer), an attempt to resolve your complaint about credit card charges. However you told us that the offer was not acceptable because it did not represent a refund of the charges and interest that you feel is due.

In light of your comments, I contacted the bank to see if it would be prepared to revise its offer, but it is not prepared to do so because it says that the offer already includes the interest that is likely to have accrued on the charges. By way of further explanation, interest on the charges would have accrued as a proportion of purchase interest.

The Bank says that your total charges (£352.00) represent 8.41 parts of total purchases (£2,609.47) & therefore it would be appropriate to refund this proportion of total purchase interest (£795.76). The bank says this would mean a refund of £94.58 of interest which is the amount that has already been offered.


I also note that you are claiming £438.00) of charges. However, this service can only look at charges applied to the account for six years prior to the complaint being raised. You have said on the complaint form that the complaint was first raised in August 2009. Therefore Capital One has advised us that the above offer is a full refund of default charges for the six years prior to complaint being raised.

If you would now like to accept the banks offer of settlement, pls sign attached letter, within 14 days (sent 8 January 2010) Alternatively, if the proposed settlement still appears to fall short of your claim let us know the details of what remains outstanding. If I do not hear from you in 14 days, I will assume that you do not wish to accept the banks offer & will close my file accordingly.
------------------------------- merged -------------------------------



Copy of Ombudsman letter reffered to above.

Budgie??????


BUMP

[MIKE770]

Re: MIKE770 v Capital One

163/162 for my ref:

[Amethyst]

Re: MIKE770 v Capital One

Hi Mike

I can't upload the .bmp file (and am not sure how to convert bnp to jpg ? )

[MIKE770]

Re: MIKE770 v Capital One

WELL Lowells letter to-day stating they have bought the alledged debt and that Capital one state no reason why unpaid ,( outstanding charges issue also CCA 1974 issue outstanding as reported in earlier post),

Default nearly off CRA file in 2 months albeit there is a payment record in to the following year, but the charges issue was never settled as I would not agree to their figures, which Budge stated was incorrect at the time, and the spreadsheet amount is a lot more now =Basically £4,201, they are claiming £4300, so account sold in dispute, as been thru FOS in the past who state that Cap one offered as previous but no accepted by me as Budgie stated more now even a lot more. FOS were informed that I do not accept capital one figures.

[shas]

Re: MIKE770 v Capital One

WELL Lowells letter to-day stating they have bought the alledged debt and that Capital one state no reason why unpaid ,( outstanding charges issue also CCA 1974 issue outstanding as reported in earlier post),

Default nearly off CRA file in 2 months albeit there is a payment record in to the following year, but the charges issue was never settled as I would not agree to their figures, which Budge stated was incorrect at the time, and the spreadsheet amount is a lot more now =Basically £4,201, they are claiming £4300, so account sold in dispute, as been thru FOS in the past who state that Cap one offered as previous but no accepted by me as Budgie stated more now even a lot more. FOS were informed that I do not accept capital one figures.

Hey Mike, I got the same!!! What are you doing about it? Mines been in default due to an incorrect agreement since approx 2009. It was due to go from my credit report in oct also!

[MIKE770]

Re: MIKE770 v Capital One

Hi our Shaz, family o.k.? yours and mine (Default) the same time, they are chasing last minute many of us so do not acknowledge debt, we have to wait until after default date drops off, so we are awaiting the next letters and bidding our time, your CCA1974 like mine if I remember correctly is bad as the Prescribed terms as per para 8 were not present at inception,.

also default charges?


a lot of us received LOW101 & LOW106 then LOW101 part 2, seems a couple more then Red nonsence etc keep an eye on the Capital one/Lowell threads Shaz,!

[MIKE770]

Re: MIKE770 v Capital One

Looked @ Noddle to-day and low & behold the Default Capital One has gone, original default letter was dated 8th September 2008????

[shas]

Re: MIKE770 v Capital One

Hmmm just checked mine & it's still there! Says it's be in reported until October 2014

[MIKE770]

Re: MIKE770 v Capital One

Looked @ Noddle to-day and low & behold the Default Capital One has gone, original default letter was dated 8th September 2008????

Well Lowells have put the default back on Noddle report 13/09/2014, should fall off CRA file next month. but old address listed, yet they send letters to new address.

[shas]

Re: MIKE770 v Capital One

Lowell's are now named on mine too (due to drop off October) but they've now sent me a letter saying the account is on hold because of my complaint.....I haven't actually complained, I just emailed them saying the accounts in default & has been since 2009!