Gemini v Capital One

gemini · 28th June 2006, 00:48

I sent my Data Protection Act request to Capital One on the 17th May and received it all on the 8th June. I sent the LBA on the 17th June requesting they refund my charges totalling £180.00 to which I received this reply from Robert Udy on the 22nd:

'Thank you for writing to us about the fees we've added to your account.

It's going to take us a little while to look into your situation and come back with a detailed response. we'll do everything we can to get an answer to you within four weeks of this letter. If for some reason our investigations take longer than four weeks, we'll contact you to tell you why this is.

Thank you very much for being patient while we collect the information we need.'

Is this just delaying tactics or should I just wait to hear from them. On this basis they can take well over the month and keep it going.

barracad · 28th June 2006, 01:18

Stick to your timetables - if no response when the 14 days are up move on to the next step.

Good luck!

gemini · 28th June 2006, 02:04

Thanks barracad.

Giving them a couple of days grace I reckon that gives them to 3rd July. Do I just file a claim online after this date?

barracad · 28th June 2006, 02:05

If that's what you told them you'd do then do it.

gemini · 13th July 2006, 00:09

I received a standard letter yesterday from Robert Udy informing me that, although they feel there charges are fair and legal he has refunded £80 back to my account. Apparently this reduces all the fees charged to £12 each.

Why are some cardholders being paid the full amount without any hassle whilst others (even for smaller amounts) are having to fight for it?

barracad · 13th July 2006, 00:15

Don't have a clue. If it's any consolation you were offered more than me - I wasn't even offered a penny!!

gemini · 15th August 2006, 12:09

I sent a letter to Robert Udy asking him to reconsider his offer of partial settlement, to which I received my reply this morning - they are not going to refund the rest of the charges. I think I have given them ample time to pay back my charges so it's off to court I go. Will keep you posted.

gemini · 24th August 2006, 01:21

Please can someone advise me how to work out the interest on the spreadsheet when some the charges have been refunded. Do I (a) take off the first 4 charges: (b) enter all charges as £12 or (c) enter full amount £20 each charge. Any help would be gratefully received as I can't find an answer in any of the threads I have looked at and I want to get this claim on its way.

gemini · 25th September 2006, 00:41

I have just filled in moneyclaim form against Cap One, but before I send it could someone tell me if it is too late to claim for interest on charges as well. I didn't ask for these in my LBA's etc to Cap One but having paid 24.93% for 2 years (they put my interest rate up from 14.95% after reviewing my credit rating) I want to get whatever I can back however small.

gemini · 29th September 2006, 11:02

gemini · 2nd October 2006, 10:56

Can anyone help with this?

reload · 2nd October 2006, 12:42

Hi Gemini,

You certainly can go after the contractual rate of interest - make sure you read up on the forum about it first though!

You can amend the amount owed right up to the date you file the claim, including when you file the claim. You can even amend it afterwards, although this costs an additional unclaimable £35.

gemini · 16th October 2006, 20:05

Is there anyone who would be willing to check a spreadsheet for me regarding the interest due? I have used the template spreadsheet from the library and I have been looking round the threads but there seems to be conflicting views. The amount I am claiming is not vast but I am looking at doing other claims so would like to know that I am doing it correctly.

I have started a MOC but haven't yet finalised it, just want to make sure that what I am claiming is correct.

gemini · 18th October 2006, 11:45

Anyone?

gemini · 19th October 2006, 21:56

OK, I need to know if I claim the 2 sets of interest as detailed on the advanced spreadsheet for credit cards in the library. One is penalties chargeable to interest and the other is the 8% interest on penalties if I am making a cliaim through MCOL. Can anyone help? I have looked through numerous threads but it all seems to be so confusing as there seems to be so many differing opinions.

gemini · 25th October 2006, 00:10

I have just recalculated the interest charges due using Vampiress's spreadsheet for compounded interest. I have noticed on my last LBA to Mr Udy that if I didn't get a full refund within 14 days I would issue a claim for the full amount plus interest, plus costs without further notice. Am I OK to now to file a claim without any further letters to Cap One through MCOL?
Also, if I am using the compunded interest spreadsheet do I just put down that amount and then claim 8% interest from date of claim? Or do I just forget about that. This is my first claim and to be honest have found the interest part confusing. Reading so many threads regarding it has just confused me even more.

gemini · 25th October 2006, 12:11

gemini · 25th October 2006, 21:53

Anyone help with this?

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