Cap One Statements rec'd

[ajh021]

Hi,

I today recieved the statements asked for in my Subject Access Request.

As the account is now closed and half the debt was paid and the remainder owed is over the credit limit, is there a letter to ask for the charges to come off the balance owed and also to get the default removed.

Any help would be greatly appreciated.

This is the first of many SARs to send off!!!!

AJH021

[pmhcfc]

Originally Posted by ajh021

Hi,

I today recieved the statements asked for in my S.A.R - (Subject Access Request).

As the account is now closed and half the debt was paid and the remainder owed is over the credit limit, is there a letter to ask for the charges to come off the balance owed and also to get the default removed.

Any help would be greatly appreciated.

This is the first of many SARs to send off!!!!

AJH021

Are you sure account is closed? If there's monies still owing on it, it's doubtful that it is.. Is it still with Cap1 or have they sold it to a Debt Collection Agency? Add up all your charges and then send a prelim letter asking for BOTH refund of charges and default removal. Default removal is only likely if you can proove it (the default) only came about because of unlawful charges...Read up as many threads as you can (specially on Cap1 forum) as lots of people have lots of knowledge and they can help you.

[s1h]

ajh021 how long did your statements take to come from when you did the Subject Access Request I am still waiting for mine from cap1.

[ajh021]

it took just over 3 weeks but before the 4th week came into effect.
how long ago did you send off your Subject Access Request

[ajh021]

Originally Posted by pmhcfc

Are you sure account is closed? If there's monies still owing on it, it's doubtful that it is.. Is it still with Cap1 or have they sold it to a Debt Collection Agency? Add up all your charges and then send a prelim letter asking for BOTH refund of charges and default removal. Default removal is only likely if you can proove it (the default) only came about because of unlawful charges...Read up as many threads as you can (specially on Cap1 forum) as lots of people have lots of knowledge and they can help you.

the account was passed to debt collection agency , where we agreed a final settlement for half the balance. we paid this over 2 instalments, but becuase the last instalment was about 2 days over, they would not accept it as final settlement. So they then pursued for the remainder , which was about anbother 300.00, and over the limit thanks to all the charges. As we did not pasit, they then passed it back to Cap one.
So i suppose , the acct is still open.

[pmhcfc]

Originally Posted by ajh021

the account was passed to debt collection agency , where we agreed a final settlement for half the balance. we paid this over 2 instalments, but becuase the last instalment was about 2 days over, they would not accept it as final settlement. So they then pursued for the remainder , which was about anbother 300.00, and over the limit thanks to all the charges. As we did not pasit, they then passed it back to Cap one.
So i suppose , the acct is still open.

Ah good.. So now you're on the move with this...Are you ok with what to do for now?

[ajh021]

think so, will calcualte the total charges, and send off the prelim letter.

do i ask them for all the charges, or get them to deduct whats outstanding before they hopefully send me the remainder???

i have been reading other cases, and very interesting .

[s1h]

Originally Posted by ajh021

it took just over 3 weeks but before the 4th week came into effect.
how long ago did you send off your S.A.R - (Subject Access Request)

Sent it off I think it was the 30th or 31st of Jan. Not that long ago really just dying to start adding it all up.

[pmhcfc]

Originally Posted by ajh021

think so, will calcualte the total charges, and send off the prelim letter.

do i ask them for all the charges, or get them to deduct whats outstanding before they hopefully send me the remainder???

i have been reading other cases, and very interesting .

Add up all the charges and send prelim letter for that amount - use the letter from templates...Have you got a default on this??

[ajh021]

yes they have defaulted the account.
so get them to try and remove the default too.

[pmhcfc]

Originally Posted by ajh021

yes they have defaulted the account.
so get them to try and remove the default too.

That depends...If you can prove that your account only got defaulted because of the unlawful charges then yes you can go for default removal also...But if you are going for default removal you have to mention this in your Prelim letter, and in all correspondance thereafter..

[ajh021]

the card had a limit of 200.00, and the balance was 591.27 and we paid off 310, leaving a balance of 281.27.

i have added the charges and they total a massive 562.00.
we would not have been able to go over our limit on the card, and the charges just kept adding on every month.

[pmhcfc]

Originally Posted by ajh021

the card had a limit of 200.00, and the balance was 591.27 and we paid off 310, leaving a balance of 281.27.

i have added the charges and they total a massive 562.00.
we would not have been able to go over our limit on the card, and the charges just kept adding on every month.

Enough said then lol... Not sure how to link the thread, but mine's at PMHCFC V Cap1 + default & CCJ removal .... You'rs almost same as mine..£200 limit CC blance now at £512 - charges = £588 ...Go for it I say... Subject Access Request and also CCA Capital One

[ajh021]

i've been checking out your thread, very similar.
Subject Access Request done and rec'd.
don't understand why i have to send CCa to them.
Please help??

[pmhcfc]

Originally Posted by ajh021

i've been checking out your thread, very similar.
S.A.R - (Subject Access Request) done and rec'd.
don't understand why i have to send CCa to them.
Please help??

More of a back up than anything else...It only costs £1.00 ..If they, for some reason, can't produce the original copy of your agreement then they had no right to default you in the first place..Even if they do send it to you it might just take them longer than the 12 + 30 days they're allowed...It's all about building your case against them to get default removed..

[ajh021]

Originally Posted by pmhcfc

More of a back up than anything else...It only costs £1.00 ..If they, for some reason, can't produce the original copy of your agreement then they had no right to default you in the first place..Even if they do send it to you it might just take them longer than the 12 + 30 days they're allowed...It's all about building your case against them to get default removed..

ok, get it now.
thanks for the info.
have started the spreadsheet, and only put in the months there was charges. Just read , that you have to enter all the months, so will amend that.
I don't understand the charges bit, any help in plain terms would be helpful. On the stats, there is purchase intereset chargers and cash interest chargers, are you supposed to include them too???

[pmhcfc]

Originally Posted by ajh021

ok, get it now.
thanks for the info.
have started the spreadsheet, and only put in the months there was charges. Just read , that you have to enter all the months, so will amend that.
I don't understand the charges bit, any help in plain terms would be helpful. On the stats, there is purchase intereset chargers and cash interest chargers, are you supposed to include them too???

Only the Overlimit fees and latepayment fees for now...If you're not claiming contractual interest then that's all you need for now...I'll PM you a copy of my prelim for you.