kath30 v capital one

kath30 · 25th April 2006, 13:12

Hi there i originially wrote to capital one requesting my statements and they sent a letter back advising that i would need to send £10. When i read some of the posts here it seemed most were getting them free if they phoned so have just phoned for last 5 years statements and they will be with me in 7 - 10 working days though he did ask why i wanted them i declined to answer.
I have been charged an obsene amount from them over the years. I am in Scotland so will only be able to do it in £750 blocks but bring it on

kath30 · 23rd May 2006, 15:43

STILL waiting on my statements they are insisting they have sent them out so they said they would send them out again that was 6 days ago. What's my next step is it reporting them to the Information Commissioner?

kath30 · 29th May 2006, 12:29

STILL waiting on my statements i am getting rather annoyed now have phoned them every 2 - 3 days and they keep stating that they have been sent out and must have been lost - last note that they sent them on 23rd May and i should wait a week they have until Wednesday then what do i do complain to the Information Commissioner?

barracad · 29th May 2006, 12:31

Use one of these letters and adapt it to suit your needs:

Data Protection Act - Non-Compliance - Template Letters

kath30 · 13th June 2006, 11:08

Got my statements after 7 long weeks of harrassing them they owe me £976 1st letter posted off today not expecting anything judging by all the posts here so it will be off to court we go i think

kath30 · 5th July 2006, 22:49

heard nothing from capital one so have sent off the reminder letter giving them 7 days to reply im doubtful i will receive a reply can i then just raise a claim? I sent both letters rec del so have proof that they did receive them

kath30 · 11th July 2006, 10:03

capital one not playing ball with me. Infact they are completely ignoring me! I sent prem letter asking for money back and they ignored that so i sent LBA which they received on 06/06/06 giving them 7 days then i will have to raise a court order as i don't expect them to reply

kath30 · 12th July 2006, 16:02

hello could one of the mods please take the smiley face off this thread - thanks

grahambl · 12th July 2006, 17:54

They haven't replied to me yet either. I ordered my statements two weeks ago so I called up today to chase them. The guy I spoke to was really helpful and put me on hold while he chased them up. He said it was lucky he did as no-one had actioned them (as i expected). I also mentioned that I would not be paying any more of my balance until I received them. They can't send your account to a credit agency if there is a dispute so you are safe to do this. Not that it really matters, any charges they add on we get back in the end...

you will want that smiley back one day...

barracad · 12th July 2006, 19:43

Quote:

Originally Posted by kath30

hello could one of the mods please take the smiley face off this thread - thanks

Done

kath30 · 18th July 2006, 13:08

well received a letter yesterday offering me £420 out of the £986 charges (plus £169 interest yet to claim for) i have sent a letter back advising i would accept £800 as a gesture of goodwill (this will clear my balance) and they have 7 days to reply otherwise i will proceed to court - do you think this is right or should i accept the £420?

grahambl · 18th July 2006, 13:22

I would have either not bothered replying or do so but say you only accept as part settlement and that you will be persuing the whole amount.

Since you sent the letter saying you would accept £800 it is best to wait and see what they say. They might accept which does mean you miss out on the difference but it is possible they will refuse. It would have been best not to say you will take £800 but it clears your balance which you are obviously happy about. If they do accept the £800 then i would definitely take it as they might use your letter as evidence that you accept parcial payment.

Remember that is all your money and they should pay you it all back.

kath30 · 19th July 2006, 16:06

mmmm never thought of that i am so stupid bet they do use it against me oh well i will just have to hold off and see what they say - thanks

grahambl · 19th July 2006, 16:09

i wouldn't worry about it. just see what they say, if they refuse just go for the whole amount. £800 isnt far off the total and at least it clears your balance...

kath30 · 8th August 2006, 10:19

well i signed the form offering me £420 but scored out the 'full & final settlement' part and posted it off thanking them for the offer and advising i would still be going for the rest of money.
Another letter drops through my door yesterday with a reviewed form stating 'I am confirm acceptance of Cap Ones offer of £420. This action by Cap One is accepted by me as closure of my complaint'
If i sign can i still go to court for the rest?

kath30 · 8th August 2006, 14:54

anyone?

hondamad21 · 9th August 2006, 16:09

Hi Kath,

I don't think that you will be able to take them to court if you sign that letter.
They will just be able to say that the matter is closed and produce the letter with your signature as evidence that matter is closed.
My advice is to write a letter and again state that you accept the offer as a partial settlement and that you will pursue them for the rest.

Good luck and let me know how you get on, I have recently sent them letter for a refund as well!!!

Hondamad21

*this is just my opinion it may be, however unlikely, wrong!

kath30 · 9th August 2006, 20:38

thanks thats what i will do

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