reload vs Capital One

[reload]

Time to start sticking my head back into these forums a bit more

Subject Access Request will be sent to Capital One tomorrow. I may actually give them a call and ask for duplicate statements tonight - never know your luck, I guess.

[reload]

Well, after spending 4 minutes 52 seconds fighting my way through their bloody IVR on the line to either Bangalore or Mumbai (wherever their callcentre is based) I selected an option to 'speak to an account manager'. I requested copies of all statements since the account was opened, and was promised they'll be with me within 5 working days.

We'll see

[chriswatkins]

I phoned for mine too, it took about a week for them to come, but at least I didnt have to pay for them

[reload]

Must say I'm quite impressed. Full set of statements (although the account is only about 18 months old) turned up today!

[Joa]

You are very lucky. I have been asking for mine for 2 months now and each time they apologise and promise, cross their heart, whatnot, so i wait and I swear to myself, that's it, it's Subject Access Request time.
So in the meantime, I have defaulted, because they wallop me on the head with charge after charge.
I have done the deed with Lloyds, so this time at least I know roughly what are my options!

[reload]

Knocking up a prelim approach now. I'm planning to pre-empt their £8/charge offer, and also reiterate the OFT's statement about them not believing a £12 figure is a fair charge. Essentially replying to their template letter before they send it. Will be amusing to see whether they actually spend time replying personally or just use the template letter regardless

[reload]

Right, planning on sending this to Capital One tomorrow:

Might be a vain hope that Mr Udy himself will read and reply personally, but it's worth a go.

Large chunks of it are borrowed from the standard prelim letter, with some bits from myself, one or two choice phrases from Bean I believe it was, and some bits directly from the OFT report

Request for repayment of charges

Account number: XXXX XXXX XXXX XXXX

Dear Sir,

I am writing to request the refund of the sum of £360 in penalty charges applied to my account. Subsequent to a thorough appraisal of the press release issued by the Office of Fair Trading, it has been brought to my attention that:

“Where credit card default charges are set at more than £12, the OFT will presume that they are unfair, and is likely to challenge the charge unless there are limited, exceptional business factors in play. A default charge is not fair simply because it is below £12. Setting a threshold for intervention is a pragmatic pro-consumer action that is designed to give the industry the opportunity to change its practice without litigation.”

Not wishing to pre-empt your standard, templated response to the “Request for repayment of charges” letter provided by the www.consumeractiongroup.co.uk website, but this statement categorically lays out the fact that the OFT do not view £12 to be a fair figure. Furthermore, they go on to elaborate that:

“The OFT is not proposing that default fees should be equivalent to the threshold, and a court will certainly not consider that a default fee is fair just because it is below the threshold.”

Your continued assertion that “The OFT has said it believes default fees of £12 are likely to be fair” in your template response to other members of the Consumer Action Group website is therefore entirely false.

Due to the above reasons, I consider the regime of £20 fees you have been applying to my account in respect of “Late Payment Fees” and “Overlimit Fees” is unlawful with regard to Common Law, Statute and recent consumer regulations. I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them. Your concealment of the true nature of your charges has prevented me from asserting my right until now.

I hope that you will enter into a sincere dialogue with me about this matter, and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

If after the 14 days following my Letter Before Action you still have not responded to my satisfaction, I will be issuing a claim via the Small Claims court to recover the £360 unlawfully taken from my account. Furthermore, should I be forced to file a claim, you will additionally be liable for the £50 court cost as well as £18.77 in statutory 8% interest.

It is my understanding that it is your practice to offer a goodwill refund of the difference between the £20 charges you make, and the £12 intervention limit suggested by the OFT. This would make a figure of £144.00. I would be willing to accept such an offer as a partial payment of the balance, however I have to inform you that in such a case I would continue to pursue the outstanding amount – through the Courts if necessary.

As you contend that your current charges are both fair and legal, I politely request you furnish me with evidence that the £20 charge is a reasonable representation of your costs. A breakdown of your expenditure incurred for late payment and overlimit fees will certainly provide me with satisfactory information in my evaluation as to whether your fees are, in fact, fair and legal.

Yours faithfully,

[elsinore]

Good stuff Reload. I think Cap 1 do actually read our letters (unlike LTSB!) and respond accordingly. They certainly did with me.

It might be something to do with compliance, after that debacle over the PPI T & Cs.

Anyway, I'm just reciprocating the support you have previously given me and I'm sure you'll prevail.

Elsinore

[carl hussell]

I got a letter back from capital one yesterday offering £270 as a goodwill gesture ..etc as long as i leave them alone lol, what should i send to them, as i want the full £600

[reload]

Hi Carl,

First of all - you'd be best off starting your own thread to ask questions/post your progress in

Head over to the Bank Templates Library and have a look at http://www.consumeractiongroup.co.uk...ent-offer.html. Should do what you need.

[carl hussell]

No probs sorry for cutting in on your thread..........

[datxman]

Reload I must say that is a great letter and I / we would be intrested in any reponse that you may receive in due course. I hope that you are going to post it on here like you normally do.

Good luck

[reload]

Will definately be posting any response I get datxman - if I bleeding well get one!

5 days and counting Mr Udy...

[reload]

Well, got in from work today to two letters at once - just typed the Barclays one up, Capital One's turn now.

Originally Posted by Robert Udy

Dear Mr reload,

Thank you for taking the time to write to us about the fees we've added to your account. I understand you think these fees are unlawful and I'm sorry you feel this way.

To explain, we automatically add late payment fees if your payment is missed, arrives late or isn't enough to cover your minimum payment. We'll add overlimit fees if your balance goes over your agreed credit limit, which is £200.

When we opened your account in May 2005, we sent you a credit card agreement which stated these fees. By signing and returning this to us, you agreed to the terms and conditions for the account.

As you're probably aware, the Office of Fair Trading are not challenging the right of banks to charge default fees, but merely the level of those fees. Although we feel £20 is a just fee, we have reduced our charges to £12 so we are in line with our competitors.

I've reviewed your account and, as a matter of goodwill, I'd like to reduce the fees we've added to your account £12. So I can do these refunds totalling £168, please sign and return the settlement form I've included. Once I get back I'll add these refunds to your account.

To avoid more fees, you need to make sure we receive your monthly payments on time. On your statement, you'll find your payment due date and a date we recommend you make your payments by. Also, you need to make sure your balance doesn't go over your credit limit.

I hope I've explained things clearly and you're happy with the steps I've taken. However, if you have any further questions, please write back to me within four weeks. My address is in the leaflet I've included, which also explains our complaints procedure. If I don't hear from you, I'll consider that you're happy with my response and that your complaint is closed.

Yours sincerely

(Printed signature)

Robert Udy
Executive Office Manager

Attached were the following:

Originally Posted by Settlement letter:

I confirm my acceptance of Capital One's offer of £168. This action by Capital One is accepted by me as closure of my complaint.

A one-big-box form with the text "We'd be very grateful if you could take a few moments of your time to give us your comments on the way that we've handled your complaint, this is so that we have the opportunity to improve our service in the future."

A "Please tell us when we make a mistake... ...because nobody's perfect"

... and a prepaid envelope to the "Executive Response Centre".

Soooo... I wonder what I'm going to do here...

First of all: A Letter Before Action. I'll customise this in a similar way to my prelim, and I'm expecting a touch of sarcasm to slip in to my phrasing. The comment "Thank you for ignoring the content of my Preliminary Approach Letter. Please fill this form out so I can know in future how to capture the attention of the peons in your office who read these letters, and force them to actually address the points I raise" may be included...

Ok, I lie. I will most certainly, however, be telling them that I am willing to accept their preliminary offer in partial payment of my complaint, that I have edited, signed and returned their settlement letter accordingly - and that:

Originally Posted by reload's forthcoming letter

I hope I've explained things clearly and you're happy with the steps I've taken. However, if you have any further questions, please write back to me within fourteen working days. My address is at the top of this letter, which also details my complaint for the second time in the hope you will respond personally. If I don't hear from you, or I do not hear a satisfactory response offering full and final settlement or the remainder of the outstanding balance after the initial refund is made, I'll consider that you're happy with the fact that I shall be submitting County Court proceedings against your company with no further warning.

I mean, really. I know as a Pinky I shouldn't be seen to abuse the banks or make any potentially libellous comments, but what a patronising pile of a***.

Fine, Mr Udy. You want to stick your head in the sand and let one of your underlings handle my letter with a standard template? Boy oh boy, this should be entertaining. Will post up my reply in full tomorrow

[elsinore]

Originally Posted by reload

I mean, really. I know as a Pinky I shouldn't be seen to abuse the banks or make any potentially libellous comments, but what a patronising pile of a***.

Oh! go on reload, spoil yourself!

BTW you've ruined my evening.
There was I thinking that that nice Mr Udy had sent me a personal, individual, carefully prepared response and now I find it was exactly the same as yours (apart from the figures, of course)!

Altogether, to the tune of Dad's Army........
"Who do you think you are kidding Mr Udy, when you write such piles of cr*p?"

Elsinore

[karens25]

hi reload..
just sashayed over here to nick a few lines from your dear mr udy thanks but no thanks letter... waiting for you to post with bated breath.. hope its soon, i cant wait..
karen