Sent Data Protection Act letter 28 March. After reading that Cap One were possibly intending paying claims lodged before any announcement by the OFT I sent the preliminary letter on 19 March asking for refund of 'all charges' imposed since opening in an amount to be determined on receipt of DPA reply. Recieved a reply from Robert Udy dated 27 March rejecting my claim. He said there were 7 charges at £20 each of which 3 were refunded before the claim. I sent a letter before action dated 30 March based on the £80 plus interest charged on this amount (amount to be determined). We received a reply from Robert Udy refunding the £80. Interest was not going to be refunded as 'the fees are correct'.
Yesterday (well actually the day before because I see it is now rather late) I had a large package arrive with the reply to my Data Protection Act. In fact there were another 2 charges Robert Udy had missed. I have written to him again today
Quote:
Thank you for your letter dated 6 April 2006. I note that you have credited £80 to my account on the same date. I accept this amount as part settlement of my claim.
I had indicated in my letter of 30 March 2006 that the final amount of my claim would be calculated on receipt of information requested in my letter of the 28 March 2006. I have now received the information and have identified that there were in fact
6 late payment fees at £20 each £120.00
2 direct debit returned fees at £20 each £40.00
2 overlimit charges at £20 each £40.00
Total £200.00
refunded at time charged 4 at £20 £80.00
refunded 6/4/06 £80.00 £160.00
Balance of claim owed to me £40.00
In addition I have incurred interest charges on these amounts at 1.039% per month totalling £14.62 as at today’s date with a further 4p per day still being charged. I have also paid £10 to you to obtain the information in order to calculate my claim and 3 letters by recorded delivery at 96p each.
I now calculate my total claim as follows
Charges not yet refunded £40.00
Interest charged on same £14.62
Data Protection Act request charge £10.00
Recorded delivery charges £2.88
Total £67.50
I require repayment in full of this amount. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest plus my costs without further notice.
In the meantime please be aware that although you state you will continue to apply fees when customers breach their agreement, the unlawful nature of the charges has not changed and I shall continue to exercise my right to reclaim these via the Courts if necessary.
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Anything I get over the £40 is probably a bonus but it is worth a try.
Interestingly I have looked at the Data Protection Act reply. The statements are fine as they show the charges. More interestingly I also have a series of 'notes'. I think these show that the charges are generated by the system rather than by a person. For example a late payment fee shows operator name box empty and reversals shows 'system' in the same box. Phone calls etc show a name.
You may also like to know that preliminary letter is referred to as a template letter re charges!
I am willing to provide copies if they are needed. PM me and I will scan or something.
Joneshousehold v Cap One 
Re: Joneshousehold v Cap One 
