Hi,

the OH has a new look account and has been "late" a few times and has had £12 fees added to her account, this totals £72,

at first her payment schedule was for the 1st of the month but this was changed to the 5th,

she can't remember if she was notified of this.

If she missed a payment by a day they would ring up multiple times each day until the payment was made.

First question, are these able to be returned.

Second, where do we start with? SAR?

Regards,

DreamEater.

yes they are reclaimable

sar

dx

you know how much the penalty charges are for so dont bother with SAR. The collection date changes are a common trap with these companies becuase they dont use a calendar month but a 28 or 30 day cycle and so trouser an extra payment each year. Handy for them if you are paying interest as part of a fixed monthy amount

Ok, so I've skipped the SAR, what do we do now?

Thanks.

pop them in the CISHEET here

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

put their int rate in cell d15

dx

Thanks, put the charges in, 6 of them at £12 spread over 10 months. The apr they charge is 28.9%.

When I put the apr in, the spreadsheet changes 28.9 to 2890.00, is that correct?

As the charges are coming back as £449.63 :O

If correct, how do we proceed?

Thanks.

the cell d15 should say 28.9% in it

enter 28.9 then hit TAB key

dx

the cell d15 should say 28.9% in it

 

 

enter 28.9 then hit TAB key

 

 

dx

Ok I beleive the cell is correct as it shows 28.9 in the edit bar, but 2890.00 in the cell, I think it's something about the way Google sheets converted the excel doc. I'll confirm at work tomorrow.

Where do I go from here? Assuming all the data is correct.

Thanks.

ah right you didn't indicate that.

all you need now is the covering letter...

like this:

Account numbers: **** **** **** 5009

I am writing to request that you repay all the late payment fees and/or over limit fees that have been applied to my account.

I do not believe the charges reflect the true cost to Capital One (Europe) plc and are unfair and disproportionate. I am therefore requesting a refund based on the Unfair Terms in Consumer Contracts Regulations 1999.

I am aware that these charges are unlawful at Common Law & Statute and is supported by the Office of Fair Trading’s April 2006 statement into credit card charges, which noted that the level of charges at the time, and prior to that period, were unfair.

I therefore ask that you refund to me, by way of cheque or bank transfer, the total amount of all charges incurred plus any interest accrued at the contractual rate thereon. I will not accept partial repayment nor will I accept that the Office of Fair Trading report of April 2006 deemed £12 to be an acceptable charge, as it clearly did not.

I look forward to a full response to this letter within 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive a refund in full which would return me to the position had these charges and interest thereon not been incurred.

To accompany your refund, I would appreciate a full breakdown of the charges you are refunding and details of how you have determined the amount of refund, including the original amount charged, the date which they were unlawfully applied to my account (s) and the amount of contractual interest you are paying for each refunded charge.

If you do not respond, or you do not respond positively, within this time period, I shall refer the matter directly to the Financial Ombudsman and Office of Fair Trading for further investigation.

Yours faithfully,

Thanks.

Obviously I edit it to suit the company name, but what about the section that says credit card charges? This is a store card, appreciate its a credit card of sorts but is it known as that?

it certainly opeates on te same T&C's basically

but yes ofcourse

as with any templates or letter s on CAG

they always need adapting.

so store card not credit card.

dx

it certainly opeates on te same T&C's basically

 

 

but yes ofcourse

 

 

as with any templates or letter s on CAG

 

 

they always need adapting.

 

 

so store card not credit card.

 

 

dx

Most helpful, thanks

Reading your post again, you say this is the covering letter to use, do I input the charges and interest in to that, or do I leave them to work it out? See how honest they are....

or this one or a mixture

adapt to suit........

Account number

Account number................... ................ date etc

Dear Sir/Madam

Following media reports,and an investigation into credit card charges by the Office of Fair Trading,which I have recently been made aware of,I now understand,that the regime of fees which you have been applying/applied to my account in relation to late fees, and over limit charges, are unlawful at Common Law,Statute and Consumer regulations,in that they did not/do not, represent a genuine pre-estimate of your actual costs.

I would draw your attention to the terms of the contract which you agreed to at the time that this account was opened. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law,and in consideration of fair business practices and good faith.

It is my contention, that you have failed to operate my account in a manner condusive to the above,and have demonstrated a lack of fiduciary duty.

I calculate that you have taken £xxx plus £xxxx which you have charged me in interestwhich total £xxx. Additionally,you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you, or was the result of impecuniositiy’ caused directly by the taking by you of penalty charges which you had applied to my account.

In recent years,Courts have been happy to accept claims for bank charges that exceed 6 years,whilst having regards to the precedent set between KLEINWORT BENSON -v- LINCOLN CITY COUNCIL under section 32 © of the limitation acticon 1980.

Should county courticon action be needed I will be seeking to rely on this.

Therefore this letter requests a refund of all charges indicated including interest 14 days from the date of this letter.

I request that payment is made directly to me,by cheque,and that any refund in whole or part should not be allocated to any set off or third parties.

Should this occur,my claim will be deemed as unsettled and I will proceed to the Courts for recovery.

You now have 14 days to respond positively,and in the absence of this,I will put you on notice with a further 14 days,letter before action.

I trust this clarifies my position.

Yours Faithfully

Enc; Schedule of charges

Did you ever get this sorted DreamEater.

Did you ever get this sorted DreamEater.

I had forgot about this! Thanks for reminding me.

Does the above still apply?

Cheers.

We've tried to look at the account but it's been locked down. Got to contact them to let us back in. Might be a wrong password or something.

Hopefully once in I can get on top of this.

why do you need to get in to it?

did you send the claim off?

dx

why do you need to get in to it?

did you send the claim off?

 

 

dx

Nope, we totally forgot about it.

As per my previous post, does the above still apply?

does what apply?

The CIS sheet and covering letter? Or has it been superceeded?

Same

Cheers.

Well DreamEater, did you follow dx's superb advice (as always) ?