Miller V Capital One Visa (Part One)

[garethmiller]

Against advice I have decided to claim from my Capital One Visa in two parts as I have all the statements back to January 2004. I issued a pre-lim letter asking for £473.78 back in early sept which is the amount I'm owed for the period of statements I have minus a refund that I was automatically given when I rang up their customer services. I also at the same time submitted a S.A.R for the statements pre-04. I received a reply in late Sept offering £279 to which I replied with an LBA on 29/9/06 accepting only as part payment and requesting the full amount to be paid. A week or so ago I received another reply saying the offer of £279 still stands but they would not be increasing it any further and that this is the last word on the matter.

I submitted a claim for £603.49 yesterday (23/10/06) which is the amount owed plus interest and my claim cost.

I still haven't had a reply to my S.A.R., I made it clear on my claim that I would be making a further claim for money when Capital One provides the statements requested.

Capital One seem to be dragging their heels a bit with my claim on my Mastercard, here's hoping this one will be resolved quicker.

[e28bigalbexley]

Hi
How long ago did you send the Data Protection Act Subject Access Request?
If the 40 days have elapsed have you notified the Infomation Commisioner,
If they do offer you your money back, be careful what you sign for.
Yes they are slow but you must stick to your time scales it may jepodise your claim.

[garethmiller]

Its just gone past 40 days, I'm going to call Cap One tomorrow and find out if and when they are being sent, if i don't get a satisfactory response then I will write to the information commissioner.

I know splitting it into two parts could be risky if I'm careless. I made it clear in my claim for Jan 2004 onwards that I would be making a further claim for the Pre 04 period when Capital One provides the required statements.

I will not sign any settlement on part one that excludes me from making the further claim.

I think a judge will see that I have been reasonable if I make a second claim on this card. I have always made it clear in my letters that I would seek further recompsense should I discover that I am owed further funds.

[e28bigalbexley]

Originally Posted by garethmiller

Its just gone past 40 days, I'm going to call Cap One tomorrow and find out if and when they are being sent, if i don't get a satisfactory response then I will write to the information commissioner.

By all means phone but i think you already know what cap 1 will do: 'they will take no notice at all'. and youve given them another day to sit there twidling there thumbs and add more interest to your account. Do you honestly think they would give you a couple more days to meet your payment date without slapping on a charge, if they did we all would'nt be hear now.

By all means write, send recorded delivery give them an extra 7 days if you like put in the letter that if you have not got your statements in 7 days, you will inform the imformation commissioner.

They have had 40 days, 40 days is a resonable time as laid down in law more than enough time for them to have supplied your statements. They dont have any trouble locating your statement every month with how much you have spent (any where in the world) and find your address, post it and then check if your payment arrives on time.

Sorry if it seems harsh but thats the way i see it.

AL

[garethmiller]

Today Capital One Agreed To Pay Up On This Claim As a Gesture Of Goodwill And With No Admission Of Liability The Full Amount Of £603.49

CLAIM WON!

I also now have the statements from Capital One For The period Pre 2004 so I will be sending a letter to the them today requesting the repayment of this money, and in effect starting Miller V Captal One Visa - Part 2

[garethmiller]

Okay now for the story of Part 2, I wrote to Capital One requesting refunding of charges pre-004, they did not respond so I made a claim online at the end of December, Capital One acknowledged the claim and then I received a letter stating I would be receiving a further cheque for £565 which I got on Tuesday this week. Of course they don't admit liability but are paying out to avoid going to court. But now finally after 3 claims my action against Capital One is over and I no longer have any cards with them! now bring on Barclaycard and Halifax!!!!!!