Blueloobylou Vs Capital One

[Blueloobylou]

Hi all,

First time posting here, but I have been reading and digesting all of the fantastic information on this site for a number of weeks.

I have sent my S.A.R - (Subject Access Request) to Capital One on 6th Feb 07 and am awaiting their reply. I reckon, from the statements I can find, that they owe me in the region of £600 but cant find all of my statements so it may be more.

I will post at each step of the way, and no doubt will be back with lots of questions.

[ukaviator]

Hi

Good luck with your claim. Keep us posted.

Ukaviator

[Blueloobylou]

Thanks Ukaviator. Fingers crossed.

[Blueloobylou]

Still no response from Capital One. Only a letter saying they are looking into it.

[ukaviator]

That's a normal response. . . should hear within 2 weeks..

uk

[RedDeath]

That makes it 31 days so far. Hopefully you should be receiving them this week, if not phone them up and inform them that if you don't receive it within 40 days (18th March by my calculations) you will be complaining to the information comissioner.

[Blueloobylou]

Thanks Red - they had transferred my account to Debitas who are still constantly hounding me with phone calls despite me informing them the account is in dispute.

Im sending another letter to them on Monday by Recorded Delivery telling them if they dont stop phoning me immediately I shall be reporting them for harrassment, etc. These people just seem so incredibly stupid.

I might just start phoning them 20 times a day and hounding them for my statements!

[Blueloobylou]

Update*

Received offer letter from Capital One today for £192 which they say is the difference between the £24 charge the USED to make and the £12 charge they NOW make! Idiots! They owe me well over £500.

[ukaviator]

That is a standard response. Next stage now, rejection letter in the templates library saying that you accept as partial payment only, and you will pursue them for the rest.

Uk

[Blueloobylou]

Thanks Aviator - letter sent today.

[Blueloobylou]

Forgot to update this! I received the list of charges from Capital One last week and have posted the prelim letter on 30th March.

The total charges come to £516 (not including any interest).

[RedDeath]

Hey Blue,
Yes. That is a standard response from them. They will answer in the same manner when they receive your letter before action.

Have a scan through my thread as it is all very similar to yours. I added in £100 for stress and anguish and a further £100 for admin costs.

Good luck, not long to go now.

[Blueloobylou]

Hi Red,
Congratulations on your triumph against Cap One. And you got £100 for stress and inconvenience
Thats not such a bad idea, Cap One constantly try my mobile (the only number they have for me) sometimes several times a day, even though the account is in dispute and despite me telling them to contact me by letter only.
The stress and inconvenience penalty sounds perfect in my case.

[ukaviator]

Hi

There is a letter here which should help:

Harassment by telephone - response letter

uk

[RedDeath]

Thanks Blue, yes I was quite chuffed with my little earner.
This is what I added to the claims form:

a) £792 penalty charges

b) £ 155.83 interest under s.69County Courts Act 1984

c) Court Fees: £39

d) Subject Access Request Fee: £10

e) Compensation for the significant inconvenience caused to the Claimant by the Defendant erroneously levying the Charges to the Account: £100

It seemed to work, so go for it. Don't over price it though. Its like a poker game, you got the best hand and you want to get paid. If you bet too much they will fold, if you bet a little you tempt them in... Seemed to work for me.

Also, follow UKAviator's link. I have had loads of phonecalls from them in the past and if my account was still open with them I would have followed this path with them.

[Blueloobylou]

Thanks both. CapOne do make me laugh though, I have their number programmed into my mobile, so dont bother answering it if they flash up on my screen. On the rare occasions I do answer it, sometimes they dont even bother speaking. I think they randomly dial 10 or so numbers and take pot luck with who they get through to.

The letter template is excellent. I'll be sending that by Recorded Delivery to them today.

[Blueloobylou]

Havent posted for such a long time :o Capital One finally coughed up the full amount £594. I simply put a complaint in to the FOS and finally, after about a 6 month delay, Capital One sent me a cheque for the full amount I was claiming. And the telephone calls stopped (which actually pleased me more than getting the money back!)