Drew v Capital

[andyford2000]

I have decided that after reading through a lot of postings and finally plucking up the courage to chase the Halifax for all my fees back over the last 20years or so S.A.R - (Subject Access Request) sent today. hehe

Now is also the time to chase Capital One also, after all the silent and repeated calls that are received each day sometimes in excess of 8 calls, wouldnt mind only owe then just over £500 and missed a payment or 2 recently.

Capital One - Bring it on, god you guys and girls dont half give us the courage and willingness to chase these guys.

have drafted my S.A.R - (Subject Access Request) tonight and will be posting it tomorrow.

[ukaviator]

Ok Andy, well done. Keep us posted. When you get your list of charges, do a spreadsheet and if you fancy going for Contractual Compounded Interest, let the team know on this thread. We can assist you with that.

Good luck

Ukaviator

[andyford2000]

just thought of a few other things, would appreciate any help or guidance.

I have not paid anything on my account for just over a month now and I am going to obviously pursue them for my charges back. would it be worth while asking to see my application and CCA with them at the same time, if so is there a standard letter somewhere to send.

Also, i am getting repeated calls from them at present, anything from 2 to 8 or more calls a day, what can i do to stop this. Its causing the family stress as when they answer the phone, most of the time the line goes dead.

any help would be welcomed

[ukaviator]

Hi Andy

You should still make payments as normal to your account. This should stop the calls. You could ask for your application form to check if it's enforcable.

Uk

[andyford2000]

enforcable, this what totally confuses me

sorry to sound thick, but what does all this exactly mean about the enforcable bit

[andyford2000]

Have taken your advice and paid them the 2 months they want even thoughts it only £50

[andyford2000]

just another thought from a thicko

what exactly can I try and claim back from them, late payment fees, what about payment protection fees, cannot remember evr asking for that, even though they take the money ocassionally

[ukaviator]

Hi Andy

Payment Protection fees can be claimed back if you believe you have been mis-sold this expensive insurance. Have a look at the PPI thread. You can claim back Late Payment Fees and Overlimit Fees. I would also look at claiming Contractual Compounded Interest as well. Have a look around the threads for advice on that. Use the no.13 spreadsheet in Vamps Chambers. There is a link below. Great that you have them off your back for now over payment. I'm back later if you're stuck.

Uk

P.S you're not thick . . this can be very stressful for someone not used to taking on a large financial institution.

[andyford2000]

how do I find out if I actually requested any kind of PPI

[ukaviator]

There is a box on your agreement, which will be ticked if you asked for it when filling in your application / credit agreement.

[andyford2000]

so when i send off my S.A.R - (Subject Access Request)do i also need to ask to see copies of my application and CCA aswellif so, are they any standard letters anywhere, and do i need to pay for this in any way

[ukaviator]

When you send an S.A.R, you put a £10 fee in to cover their costs in getting your paperwork together. Ask for a CCA separately, which costs £1, and you should receive your actual credit agreement. Have a read through the CCA thread on this site.

Uk

[andyford2000]

thanks ukaviator for your guidance

[andyford2000]

just had another thought,

i keep reading about accounts being disputed and all this, how do you place your account in dispute

also do i send my S.A.R - (Subject Access Request) to

Capital One Card Services
PO Box 5283
Nottingham
NG2 3YJ

or another address

can someone also point me in the direction of obtaining a CCA leter please

[ukaviator]

There is'nt one in the templates section. Have a look around the debt forum, i'm sure there are a few there.

You should be able to do one yourself from this thread Andy:

Wednesday vs Capital One

and here:

http://www.consumeractiongroup.co.uk...resources.html

Uk

[andyford2000]

I have this one, would it do.

all I want to do is find out if they have a valid CCA from myself, but i think it may need re-wording or something. I might be right in thinking this is only in case the account is defaulted or being passed to DCA

Dear Sir/Madam

ACCOUNT NUMBER: xxxx

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

1. True copy of original credit agreement
2. Statement of account
3. Copy of the executed deed of assignment from (Creditor) and (DCA)
4. Fair procesing notice.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.
I look forward to hearing from you within the statutory time limit.

Yours faithfully