My gf's Dad V. Capital One!!Grrr...

[bankhater10]

Hi there, iv just sent off a data request form to those lovely people at Capital one, i sent it to this address:

Legal Compliance Specialist
Capital One Bank (Europe) plc
Trent House
Station street
Nottingham
NG2 3HX
Any idea how Capital one treat claims for unfair charges?
All replies will be appreciated!!
-Craig

[maroondevo52]

Hi, Craig.

Cap 1 seem to pay out as soon as they receive court papers

Well, they did with me.(that was before the blanket stay nonsense)


Regards.

Scott.

[Hobbie]

CapOne are generally quite good at responding to Subject Access Request but not to good at coughing up the £££ (If of course any unlawful charges apply). And from reading what other people have dealt with CapOne tend to "credit" the unlawful fees back to your account if it is still open.

Keep us all informed how you get on with them.

[Alphageek]

Yes, they say they will defend Court proceedings and then pay up. It's been that way for well over a year now.

They took me up to Court Bundle stage and then gave up.

If they do this to you, make sure you ask for a Wasted Costs Order PRIOR to ending your claim.

[bankhater10]

Hi, im now into the 33rd day of Capital One's deadline to send my gf's dad his statements and he today had a letter from them saying how they have no record of his account!!!?! What you should know is that the account got passed on to a debt collection agency...does this make any difference?
Ps- is there any way that he could get his statements online?
Thankyou for your answers and any help you can offer...

[maroondevo52]

Hi, Bankhater.

How old is the account, when was the last time it was used and who are the Debt Collectors dealing with it and what have they said in any letters to your gf's dad.

It makes no odds if it's been passed to debt collectors or not, the Origional Creditor should still respond to your Subject Access Request.

Do you have any details from the account ?

Regards.

Scott.

[bankhater10]

Hi, Capital One did reply (just inside their 40 day limit) but, unfortunately, it was to say that they didn't recongnize the account number, i mistakenly put the account number from the Debt collectors letter and not my gf's dad's credit card account number(he didn't give it me), please can anyone tell me can i edit the Subject Access Request to somehow state that they technically have used up their 40 day limit to hopefully speed up the sending of the data this second time around? I really dont want to wait another 40 days...

[maroondevo52]

Hi,

I'm not really sure about this one, I thought all they needed was your name and address at the time you opened the account to gather all the info they have on you.

So the account number should not make much difference.

I'll get some advice from other site team members

Here's the templates for future reference

Data Protection Act - Non-Compliance - Template Letters

OK, asked about. It really depends what was asked for.

If they Subject Access Request asked for all personal data held in your gf's dads name, then the number is really irrelevant and I would be inclined to send them a letter giving then 14 days to comply or else.

If the Subject Access Request only asked for data relating to the account number it may be a bit more difficult, and you may have to start again.

Regards.

Scott.

[bankhater10]

AT LAST!!
Hi, i have now got my gf's dad's statements, i just wanted to ask are ALL the late payment charges and overlimit fees reclaimable? It's just that some are only the £12 charges, am i right in thinking that those were 'legal' because that charge was suggested by the relevent authorities?
Thankyou in advance!

[maroondevo52]

Hi,

The £12 charges, legal my eye ball claim them back.
Have a look at this...............

Charges description on statements - Please Read

Regards.

Scott.

[bankhater10]

Hi, thanks for that!!
What is my first plan of action? Add the charges up and send a letter?

[maroondevo52]

Yes, send your prelim.

Have a look at the step-by-step......

Example Step-By-Step Instructions - Now updated to reflect the OFT court judgment

Regards.

Scott.

[bankhater10]

Hi, just a quick question- im about to send my 'prelim letter' and i notice that there is a bit in it where is states 'I calculate that you have taken £XXXXX plus a further £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX', I thought we didn't ask for interest until the second letter/LBA or even the court action??

[bankhater10]

Hi, just a quick question- im about to send my 'prelim letter' and i notice that there is a bit in it where is states 'I calculate that you have taken £XXXXX plus a further £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX', I thought we didn't ask for interest until the second letter/LBA or even the court action??

[havinastella]

Originally Posted by bankhater10

Hi, just a quick question- im about to send my 'prelim letter' and i notice that there is a bit in it where is states 'I calculate that you have taken £XXXXX plus a further £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX', I thought we didn't ask for interest until the second letter/LBA or even the court action??

Just don't put that bit in!