Capital One - What Should I Do?

[littlemac]

I've recently got into a dispute with Capital One over a cancelled payment which has snowballed into a series of charges.

I made a payment of £500 to a company online from my credit card but then lost my card shortly afterwards, I rang up Capital One to notify them that my card had been either lost or stolen and they closed the account and setup a new one. As the company didn't recieve the payment, I aksed if the payment would go through or not, Capital One told me it wouldn't.

As the payment was kind of urgent, as soon as my new account opened ten days or so later, I made the payment again. It went through and everything seemed fine - until a few days later when the original payment went through, which made me go majorly above my limit, where I was subsequently slapped with a Overlimit fee.

Capital One rang me to tell them that I was over their limit and suggested that I payed back £50 a month, I didn’t agree to this as I felt I wouldn’t be able to pay that, instead I rang the company who said they would refund the double payment in eight weeks, and then I called back Capital One and it was agreed that I paid an amount that would put the account back into credit (£38 if you forget about the £500), and the £500 would be then payed back in eight weeks, after it was refunded.

During these eight weeks I was hit by overlimit fees, I have also been hit by late payment fees despite paying the agreed payment at the end of March and my normal mimimum payment of £21 on time at the end of April and May. However, I didn’t pay an extra overdue amount they were after. I’ve also been paying out excessive amounts of purchase interest, £44 over 2 months instead of the usual £12.

After being hit by another late payment and overlimit fee in the last few days I am still overlimit, even though the £500 has been payed back. They said it’s because I didn’t pay the overdue amount suggested in addition to the minimum payment. However, I didn’t because as I believe it was Capital One’s fault in telling me that the first payment wouldn’t go through, causing me to make a second one – so why should I be paying an extra amount in addition to my usual mimimum payment.

After ringing them up, they said the blaim lies with the company, and offered me a feeble good will gesture which will go no now way near paying off the amount I owe them for what I feel was their mistake.

Should I just pay up what’s owed, or should I take action and if so, how?

Slightly aside from this, I am also seriously considering claiming back unfair charges over the last four years, would I be right in saying that I would need to contact them to get a hold of all the statements during this period, and then work out how much I'm owed?

Thanks in advance for any help, advice and suggestions.

[barracad]

Hi and welcome to the site.

You can claim all of these charges back. The first thing you need to do is have a thorough read through the FAQs - there is a step-by-step guide as well as a lot of other important information. Also browse round the Capital One forum to see how other people are getting on with their claims.

Good luck.

[Alison82]

Hi, why did the company have to wait 8 weeks to refund you your money?! Would they be prepared to wait 8 weeks for a payment? I think you should make a complaint about the company and ask them to explain themselves.

Originally Posted by littlemac

Slightly aside from this, I am also seriously considering claiming back unfair charges over the last four years, would I be right in saying that I would need to contact them to get a hold of all the statements during this period, and then work out how much I'm owed

Secondly, there is nothing to consider, it is your money that capital one have taken why would you need to question getting it back; you are obviously interested otherwise you wouldn't be on this site.

Read the FAQ's and other people’s stories then send off your Data Protection Act request.

Good luck and keep us informed

[littlemac]

An update - I've sent the Data Protection Act Request and £10 cheque - but as I've had three accounts in total (first and second were closed down after my card was swallowed in a machine and then lost/stolen) would all three be covered by the £10 cheque? Or do I need to send a further two £10 cheques?

[callumsgran]

one £10 should do it! just make sure you have all your account numbers on there. cap one are at fault big time here, they shouldn't have paid the first £500 if the card had been cancelled!

[littlemac]

Latest: I recieved two bundles of statements today, I've worked out the total amount of unfair charges and I am about to send my preliminary approach for repayment letter. It's just this section which is delaying things in my head.

-----------------
What I require
I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .
I enclose a schedule of the charges which I am claiming with this letter
-----------------

Other people have mentioned that they haven't included the interest (for different reasons), so should I just change it to:

-----------------
What I require
I calculate that you have taken £XXX. I enclose a schedule of the charges which I am claiming with this letter
-----------------

And then enclose a list of the dates of all the late payment and overlimit fees since the start?

Thanks in advance.

[barracad]

You cannot include the 8% interest at this stage, only the interest they have taken as a result of charges. This can be quite complicated to calculate so it may be best to leave it out at this stage and just send the letter as you suggested.

[littlemac]

Latest:

Preliminary letter sent, 14 days passed, LBA sent on Saturday. I did recieve a bizarre phonecall from Capital one last week, along the lines of the heat playing havoc with their computers (I think the word 'melting' was used at one point?!)and that they needed more time (4 weeks!) to which I told them that I will be sticking to what I had written in the letter, and afterwards I promptly sent my LBA off on time.

Just counting down the days now.

(ps - Mods - could you change my thread title to littlemac vs capital one - thanks)

[littlemac]

I'm finally part of the Robert Udy club

I received the letter today offering to reduce the fees added to the account to £12, as a 'matter of goodwill'.

So this is what I will write back.

-----------------------------------

Dear Mr Udy,

I am in receipt of your letter of (date) and note its contents.

With regard to your offer of £XXX I am prepared to accept this amount in partial payment of my claim but take note that I intend to pursue my claim for the remainder.

If it becomes necessary to commence legal proceedings then my claim at that time will include interest pursuant to statute and court costs.

I look forward to your reply.

Yours

[littlemac]

Hello once more, LBA's 14 days have come and gone so I'm currently completing my Moneyclaim form online, and worked out my Interest (8% APR).

On the Particulars of Claim box, is this follwing okay to copy and paste?

------------------------
1. The Claimant has had accounts xxxx xxxx xxxx xxxx, xxxx xxxx xxxx xxxx, xxxx xxxx xxxx xxxx with the Defendant which were opened on or around June 2002.

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £ xxx.xx and any interest charged thereon;

b) Court costs;

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

I believe that the contents of these particulars of claim are true


Signed: xxxxxxxxxxx


Date: xxxxxxxxxxxxxxxx

----------------

I'm unsure about 1.

---------
The Claimant has had accounts xxxx xxxx xxxx xxxx, xxxx xxxx xxxx xxxx, xxxx xxxx xxxx xxxx with the Defendant which were opened on or around June 2002.
---------

As I've had three account numbers in total due to stolen/lost cards, but does the rest look fine?

Also is there anything else I should know about Moneyclaim that isn't covered in the FAQ.

Thanks in advance.


PS: Also does someone have the power to change the name to littlemac v Capital One?

[callumsgran]

Looks ok to me mate, good luck