Nesta v Cap 1

[Nestadren]

Another Tools letter sent, this time to Cap1 :beagle:

[WendyB]

Re: Nesta v Cap 1

Crap One aren't as much of a pushover as Barclaycard, but pretty straightforward nonetheless. It goes like this:=

1. You send letter
2. They say "bog off but as a gesture of goodwill we will refund your chages down to £12, because the OFT say £12 is ok."
3. You send LBA/Partial Acceptance saying "ta very much, but actually if you want to quote OFT 664 then may I direct your attention to para 1.1 which states......blah blah blah"
4.. They say "bog off and that's our final offer."
5. (This one is only if you are feeling very benevolent and tbh I wouldn't bother because it won't get you anywhere and will just be a waste of a stamp) You give them one final chance otherwise you'll file in court.
6. (or 5, depending if you skip step 5 above) File N1 at your local court
7. They acknowledge and say they will defend all of the claim.
8. They offer to pay up in full just before their deadline to file a defence. At this point they are trying to scare you but don't be scared, they never file a defence. Well actually I did get a defence once but it was pathetic, my Jack Russell could have written a better one.
9. You pocket the cash/refund from your balance

Job Done

My reckoning is about 8 weeks start to finish. Of course if you want to claim compounded interest then it might take a bit longer and be a bit more complex, if you want to go that way then Budgie is your man.....

[Nestadren]

Re: Nesta v Cap 1

thanks Wendy, I'll post updates on here for all to see

It was a link (by NatWeststaffmember I think) to Budgie's epic Cap1 battle that led me to Legal Beagles!

What are they like if you take it to the FOS first rather than the court?

[Nestadren]

Re: Nesta v Cap 1

Spot on Wendy, they offered a partial refund down to £12.

I sent off this today:

Dear Sirs,

I acknowledge receipt of your letter dated 02/12/2009 offering a partial refund of penalty charges incurred on the above account since inception.


As stated in my previous letter (attached), I will not accept partial repayment nor will I accept that the Office of Fair Trading report of 05/04/06 deemed £12 to be an acceptable charge, as it clearly did not.


I will therefore be taking this matter further and I request a fully comprehensive list of all the default charges for late payments or going over my credit limit that I have paid on the above account(s) over the last six years. If you are unable to provide this data, I will accept a copy of my statements going back six years; I understand that statements on their own are not covered by the Data Protection Act 1998, yet I’m not requesting the statements per se, but the charges, which I’m entitled to by law. If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

I look forward to your response within 40 days, as Capital One is obliged to reply under the Data Protection Act. If not I shall seek remedy from the Information Commissioner.
In order to resolve this matter you may still refund to me, by way of cheque, the total amount of all charges incurred plus any interest accrued at the contractual rate thereon. To accompany your refund, I require a full breakdown of the charges you are refunding and details of how you have determined the amount of refund, including the original amount charged, the date which they were unlawfully applied to my account and the amount of contractual interest you are paying for each refunded charge.


Yours faithfully,

I thought I'd better ask for the list of charges as I haven't done so far, I just went in blind... :santa_wink:
------------------------------- merged -------------------------------
also marked it without prejudice at the start...