Anduin Vs Capital One

[anduin]

Hi Folks,

Called Capital One to ask about an additinal cardholder on the account to be told i was being charged 20 DD fail, 20 Late payment and 20 Overlimit, all for an 8 pound DD fail - obviously wasnt impressed at this so i asked google if any of my net buddies had similar problems.......

Stumbled across this site and have done a little reading and a little chatting to 'Blueskies' in the chat room, so called Capital One and spoke to a lovely indian man who sent me copy statements for the last 6 years ( albeit missing a few ) through the post within a couple of days for zero pounds charge. ( even though i told him what i intended to do with them, and at this point he offered to half the DD Fail charge and refund the Overlimit fee (** I dont think so thanks **) )

Anyhows, after a little time ( 2 nights of making the wife read statements to me ( she loves it; really she does honest ) whilst i fill in the excellent excel calculators in the templates library, i now have my charges and interest on said charges calculated.

Out came the printer this evening and 3 lovely sheets of carefully read and re-read printouts appeared from the front tray, I cant wait to be posting them off in the morning.

This post serves as a thankyou to Blueskies and all other members of the chat room who have helped me thus far in getting 'whats in my wallet' back in my wallet. I hope to keep people informed every step of the way in as much detail as possible, not only for my own reference when i do the same thing with 4 other companies, but also for other people who are in the same same predicament and are trying to claim back whats rightfully theirs.


Details of claim:
6 years of charges: 448 pounds
Interest on illegal charges taken from my account: 210.99
3 sheets of paper and a postage stamp: worthless
There are some charges in life that just dont fly; and most of them come from plasticCards.


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Disclaimer
Any likeness to advertisements used by certain credit card companies within this post are purely coincidental.

[HSBCrusher]

Welcome aboard!

Glad you have taken action to get your money back.
Keep us posted.

I am nearing the end of my claim with this "crowd", link below if you wish to take a peek!

Crusher

Bluey- nice chap isn't he?

[anduin]

Yeh Bluey seem pretty cool

Quick update:
Just logged into the online service to find they have added another 12 pounds overlimit charges on 12th - grrrrrrrr

Called them and got myself underlimit and confirmed the DD for minimum payment is still alive.

Oh well; Prelim request for refund sent today :14 Sept: requiring a signature. So its not all bad news lol

[anduin]

Ok guys update number 1:

Recieved a letter back from Cap One today saying they are sorry i feel the charges are unlawful blah blah, and offering the difference in charges levied and the OFT 12 pounds..

Total offer: £ 162.00

Let me thinkk about this for a moment ....
<tick tock tick tock>
hows not a chance sound ?

Will be working on a letter demanding the difference later ( have a nasty cold at the moment and not thinking straight )

[anduin]

ok, so i sent them LBA now, giving them until 7th Oct to pay in full.


I am so kind i gave them an extra day for the post lol

[anduin]

They never paid, and i didnt haver the money to start court case...

I know 12 months has passed .. but /...

In the meanwhile i got myself well under limit ( down to about 140 pounds ), until i had to change bank accounts, forgot all about capOne DD and they gave me 12 quid none payment fee... No letter no reminder no nothing...

So called them and asked them to play fair as it was a genuine oversight, snooty staff refused ... so i refused to pay them uintil the 12 quid charge was removed.

I have stuck to this stance ever since, the current balance is ~ 600


My Q, should i request again ? or do i need to start from the beginning ?
( i know i'll probably have to pay the charges i have accrued in recent times but its still principal )

If i did start again can i use the old calculations, ( some of the charges will now be beyond 6 years ) ?

Thanks for any hekp, i just want to pay them as little as possible as they dont deserve paying.

[WendyB]

Not sure about the 6 years, limitations and stuff. But someone will know.

You should pay them something in the meantime, even if its only the minimum payment, or an agreed amount that you can afford, otherwise they'll default you and that will stay on your credit file, defaults are much harder to remove than charges are to get back.

If you have all statements, make a list of the charges, include everything up to date, and send them another LBA, with the new amount. If it makes you feel better, send another Prelim then LBA. It will take longer that way but whats another couple of weeks? They won't pay up till you file at court anyway. They will make you a pathetic offer, and they'll stick to it till you file at court. If you can't afford the court fees, you could go the FOS route.

[steven4064]

I would just send another prelim letter with all the new charges on it as well as what you sent before. Give them 14 days to reply and then send LBA.

Don't worry about the 6 years at this point - it will only really matter if you claim in court as you will have to put an extra bit in your particulars of claim to cover it.