Full Refund CAPITAL ONE credit card on charges - SETTLED

[funkyparott]

Hello,

Looking thought my Credit History records I soon picked up that I had a late payment with Capital One a few years back. After I made a few enquiries I discovered I had been charged £20 fee.

I sent out the letter from this site to Capital One. I added a few extra lines to this standard letter :-

"Take note. If I do not hear from you within 14 days I shall apply for a summons through the County Court without further notice to you.

I’m sure you don’t require me to remind you that we both have a duty to attempt to mitigate this matter outside the courtroom in the first instance.

Of course, if you do decide to defend this matter; I will require from you a full comprehensive breakdown and analysis on your justification for such charges. Please understand, it is of no interest to me whether your charges are in line with other lending institutions. I will not entertain this explanation as a justification / defence."

Well, today I recevied a phone call from their execuctive office. I told them I was not discussing anything over the phone ! The lady assured me they were sending me a cheque that would be with me in the next few days for my late payment fee 'as a good will jesture".

My next battle is helping a single parent who has been crippled by some bank charges in the past.

Many thanks for your help

FP

[Docubot]

Spot on!!

Would you have been prepared to go to court if they had called your bluff?

[lee6370]

Excellent, good to hear, i'm just about to tackle Nationwide, then Capital one are next on list.

[funkyparott]

I would have gone to court.

My problem would have been trying to find my contract that I signed with them years back for the credit card. I mean, how many of us keep old credit card application forms ? I'm not sure how I would have proved their contract actually stated the charges were punitive. I guess I could have obtained their copy of the contract I signed under the Data Protection Act.

Why has there been no mention here of the Freedom of Information Act? This covers information on written form, and not just on computers?

I was actually hoping they wouldn't pay because I *wanted* to go to court with them and see them try to justify their charge. I have no outstanding money with Capital One, and couldn't give a monkeys if they shut my account!

Still, all I have learnt on here I will be utilising somone who has been crippled with these charges.

Mine was a tiny battle I know, but thanks again.

FP

[funkyparott]

Reference Freedom of Information Act; I have spotted my deliberate mistake. This applies to Public bodies and as such, I do not think covers financial institutions.


FP

[Russe11]

they are not so forth comming with bigger amounts

[hannanshah]

I want to tackle Capital One over a cheque return fee coupled with a late payment fee (both £20) from last year.

If I were to follow your example, I'd take the Credit/Store card LBA (from the library forum) and add the additional lines you used. Am I right?

Seeing as it's only £40 I'm hoping they'll settle pretty quickly though if I have to go to court I'm up for it.

[BankFodder]

Originally Posted by hannanshah

I want to tackle Capital One over a cheque return fee coupled with a late payment fee (both £20) from last year.

If I were to follow your example, I'd take the Credit/Store card LBA (from the library forum) and add the additional lines you used. Am I right?

Seeing as it's only £40 I'm hoping they'll settle pretty quickly though if I have to go to court I'm up for it.

BUT START YOUR OWN THREAD

[richardc]

Yes