(Advice)ALSO. Capital One A/c with debt collection agency

[pedro_uk]

I asked capital one to supply me with all my Data Protection Act statements on the 20 march.
They arived but befor i could calc all my loses up, I also got a letter from the debt collection agency (intrum justitia).
Should i just calc up my loses "charges" and send the (Request for repayment of charges) in, Sorry i will have to because i havent got £659.00.
Thanks for eney advice it will be well neaded


Dear xxxxxxx

Client: Capital One Bank
Client ref: xxxxxxxxx
Outstanding Balance £1,097.59.

We refer to your recent communication.

Please be advised that the amount of £659.00 will be accepted as early settlement for the above account, providing payment of this amount is received on or before the 2nd may 2006 .
Please be advised if payment is receved later than the above date, the settlement willbe void, the payment received will be deducted from your outstanding balance and we will continue to purse for the payment in full.

We look forward to receiving you payment.

Yours sincereley
---sig-----

[Empire Strikes Back]

hi pedro this is the letter we sent to debt collecters
Dear Sir
I should like to advise that the dispute over this account is between myself and the original provider (crap one) and as I believe this debt to be carrying a disproportionate level of unlawful penalty charges, under the Office of Fair Trading Regulations 2.H any further attempts to contact me will be considered harassment and will be reported to the OFT.
Yours faithfully
We have not been contacted by any debt collecters since,I hope that helps

[pedro_uk]

Thanks, (Empire Strikes Back)
Ive just bean throw all my statements and all the Charges amount up £990.00.
The outstanding balance is onley £1,097.59

[pedro_uk]

Just an update, I sent my Request for repayment of charges on the 28/04/06 for £990.00. Ive had no reply so far, Just wateing untill 12/05/06 to send my LBA off.

I also got a letter from the debt collection agency (intrum justitia).
with a payment book in to pay £10.00 a week whitch i will pay for 11 weeks onley then that will bring me to my Outstanding Balance of £1,097.59. whitch i owe.

Do yous think that this is the right way to go about this .

[sportbeth]

Don't pay anything whatsoever to Intrum Justicia. You have told them that the account is in dispute, they are now breaking the regs by contacting you and they know it.

Once the account is returned to Cap one you should get the rogue balance removed after a couple of shirty letters. Much better than paying it and then fighting for it back!

[pedro_uk]

Hi just an update.
Can eney one advise on this letter I got from Capital One and advise on a letter I should send back with a reply to this letter.

Menny Thanks for eney help on this




Dear Miss xxxx.
Account No xxxx xxxx xxxx xxxx

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

To explain, we automatically added late payment fees if your payment was missed, arrived late or wasn't enough to cover your minimum payment. We added over limit fees when your balance went over agreed credit limit, which was £400.

When we opened your account, on August 2000, we sent you a credit card agreement, which started these fees. By signing and returning this to us, you agreed to the terms and conditions for this account.

Our fees are in line with other banks and financial institutions. As you're probably aware the office of fair trading, OFT, are not challenging the right of banks to charge default fees, but merely the level of those fees. The OFT has said it believes default fees of £12 are likely to be fair. We disagree with their analysis and believe that our current fees are both fair and legal. However, as a matter of goodwill, I've refunded two back to your account. Your new balance is £1047.59, which you need to repay to the agency who contacts you.

I under stand you're concerned about the default we've recorded on your credit file and want us to remove it. We sent the default notice to you on 30 April 2004 because you hadn't covered your minimum payment for six months. On the default notice we asked you to pay you’re over limit balance within ten days. Because you didn’t pay we sent you a statement of default on 20 may and passed your account details to an agency.

Under the terms of our credit licence we're obliged to report a true and accurate picture of the way you've run your account. I'm afraid the information we've recorded is correct and I’m not able to remove it.

I hope I’ve explained things clearly, but if you do have any other questions, please Wright to me again. You'll find my address in the leaflet I’ve included, which also explains our complaints procedure.

Please accept my apologies for the inconvenience this as caused and I hope you can work with the agency to pay your balance

Yours sincerely
Sig: xxxxxx
Robert Udy
Executive Office Manager

[pedro_uk]

Sorry this is late update but i've been working away and receved these letters

25 may 2006

Dear Miss xxxx.
Account No xxxx xxxx xxxx xxxx

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

As i've previously explaind, we add an automatic late payment fee of £20 to your account if your payment hasen't reached us by the date we give on your statement. we also add an overlimit fee of £20 , if your account goes over your agreed credit limit. i understand you believe these fees are unlawful.

Our fees are in line with other banks and financial institutions charge. I'm afraid when you signed your credit agreement you agreed to these fees, I've included a copy of it for you.

Ican see from your letter, you're still unhappy with his and you'd like me to refund all the fees added to your account since it has been open. I'm afraid i'm unable to do this, as we've added these fees correctly, and in line with your credit agreement. However, i've looked at you account agean and i've refunded a further £365. This means your new balance is now £682.59.

You mention you'd like me to remove the default from your credit file. We're obliged
Under the terms of our credit licence to record a true and accurate picture of the way you've managed your account. We explain this in the credit card agreement that you sined and returned to us. The entries that we've recorded on your file are correct and because of this i'm unable to authorise any amendment to it.

This may not be exactly the answer you wear hoping for, but this is the final offer we can make in these circumstances. If you feel we havent handled your complaint well, you do have the option of contacting the financial ombudsman service in the next six mounths. Agean, i'm sorry you dident receive the ferst leaflet and i've included another one for you.

Once agean, i'm sorry you feel our fees are unfair , and that i've been unable to refund all of them for you. But i hope my explanation has helped, and that we can put this behind us.

Yours Sincerely
Robert udy

[pedro_uk]

Then i receved this letter from (intrum justitia)
Can eney one please give mey eney advice as to a letter to right back to
Menny Thanks for eney help on this.


29TH MAY 2006

NOTICE OF INTENDED LEGAL ACTION
OUTSTANDING BALANCE: £1047.59

CREDITOR: Capital one bank
CREDITOR'S: REFERENCE: XXXXXXXXXXX
OUR REFERENCE: XXXXXXXXXXX

Instructions are being prepared for the issue of court Action against you, which may result in the entry of judgment. This may substantially increase your liability and your name and address may be entered on a register of judgments and the records of the credit reference agencies.

Failure to make payment after the judgment may result in the use of bailiff or sheriff officer, or deductions being made from your wages.

It is essential that you make payment immediately using the giro slip attached or by telephoning us on the above number as we may be able to take your payment by debit or credit card.

intrum justitia limited

[pedro_uk]

Just an up date i receved this letter this morning they are giving me my £990 back but are unabel to remove my default.
Can eney one give me some advice on a letter to send back telling them i want it removed or should i just take the cash and run
I whould prefer a nice (Snotty) letter as ive got this far.
Menny thanks for eney advice



Dear xxxxxxx

Thank you for taking the time to wright to us again about the fees we've
added to your account. Iunderstand you're unhappy with our previous refunds of £40 and £365.

As we previously explained, we automatically add late payment fees if your payment is missed, arrives late or isn't enough to cover your minimum payment.
We also add overlimit fees if your balance goes over your agreed credit limit, whitch is £400.

When we opend your account on 14 august 2000, we sent you a credit card agreement whitch stated these fees. by signing and returning this to us you agreed to the terms and conditionsfor the account.

Our fees are in line with other banks and financial institutions and as we've previously mentioned the OFT are not challenging the right of banks to charge default fees, but merely the level of those charges. [The OFT has said it believes default fees of £12 are likely to be fair]. You mention in your letter that you'll be forwarding our comments to the OFT. The OFT invited the financial industry to respond to their 5 april 2006 press release by 31 may 2006 and we've already responded to them. Because we disagree with the OFT's analysis and delieve that our current fees are both fair and legal, our previous refunds of £405 wear done as a matter of goodwill.

I understand from your letter that you're not happy with these refunds and that you want us to refund a total of £990. I've looked into this agean, and although the fees have been correctly added to your account, I'd like to refund a further £585. this would bring my total refunds to £990. If you'd like to accept my offer please sign and return the form i've included. Once i've received this, i'll then add the refunds to your account. However, this won't clear your balance and you'll still have £97.59 outstanding.

You agean mention in your letter that you'd like us to remove the default we've recorded with the credit reference agencies. Ime sorry but we're unable to remove the default. As we've previously explained we're obliged under the terms of our credit licence to record a true and accurate picture of the way you've managed your account. This is also explained in the credit card agreement you signed. The default we've recorded on your credit file is correct and because of this I'm unable to authorise the removal of it.

This might not be the answer you wear hoping for, However, this is the final offer we can make under these circumstances. If you feel we haven't handled your complaint well, you do have the option of contacting the financial ombudsman service in the next six mounths.

Please accept my apologies for the inconvenience this has caused and i'm sure we'll be able to put this experience behind us.

Yours sincerely
Robert udy