Car finance Capital Bank charges

[fifio]

hi

Please could someone let me know if you can reclaim penalty charges from car finance companies such as Capital Bank. The car loan ended in March and I wanted to reclaim back the penalty charges I received through the course of the loan. I have written to them twice but they simply just ignore the letters. I wondered if anybody else was in similar circumstances.

[ScarletPimpernel]

I think you can - providing you can get Capital Bank to correspond!

By coincidence, I am dealing with a Capital Bank case for a client, via a DCA.

Throughout, Capital Bank have been a problem; they refuse to speak to me or my client; they are in breach of OFT rules and CCA, and they have the idea that their company policies override legislation. Even the DCA admits to finding Capital Bank awkward and unhelpful.

Anyway, I suspect that you will have to force Capital Bank into corresponding. Try sending a recorded delivery letter in which you ask for a refund of penalty charges. If they reply, deal with them as for bank charges. If they don't, write again, heading your letter 'complaint', and complain about their failure to answer your earlier letter, and ask for a copy of their complaints procedure.

Under the new FOS rules they are obliged to acknowledge the complaint, in writing, by the end of the next working day. They are also required to provide a copy of their complaints procedure on request. If they answer, go through their complaints procedure; if you don't get a satisfactory final response, escalate the complaint to FOS. If they don't reply to your complaint, you can go straight to FOS.

FOS can charge them for handling the complaint, force them to act properly, and award you compensation.

[nicho1120]

just wondered if you had got any where with regards to Capital bank?????

[scarlett79]

Does anyone know what letters to send to a car finance company or should we just use the bank charges one?

[nicho1120]

as far as i am aware it is just the same letters.just change to suit the purpose

[fifio]

Hi just thought I would give an update.

I used the template letters provided for reclaiming bank charges and just changed the letters to suit for the car finance.

Capital Bank ignored all my letters..... until out of the blue I received a cheque for half the amount I was claiming - no letter attached as such. I sent a letter accepting this cheque as a partial payment of my claim and stating that I will proceed with my claim for the remaining half - I found a template letter for this. So far, I have received no reply whatsoever - theres a surprise!

[ScarletPimpernel]

In the case I was dealing with, Capital started off by blustering about repossession, but it was pointed out that they would need a Court order. I suggested they went ahead and applied for one, which would then be defended and they would have an opportunity to justify their charges and various unsavoury tactics to the judge. They then tried to settle by offering to halve the charges, but we stuck to no charges at all and finally they agreed. My client paid the arrears he owed - the arrears he'd offered to pay from day one but which Capital and the DCA refused to accept without their unlawful charges.

So, a victory. In the long run, a case of sticking to your guns, even in the face of bullying, threats and immense stupidity!

[delboytrotter]

I am also having some difficulty with Capital bank both myself and my solicitor find them difficult an dvery unhelpful, but i have surprise for them soon.

[calvi36]

Originally Posted by delboytrotter

I am also having some difficulty with Capital bank both myself and my solicitor find them difficult an dvery unhelpful, but i have surprise for them soon.

Go for it delboy, standard approach Subject Access Request and cca. Then hit em.

[delboytrotter]

I have a bigger surprise than that, i have instructed my solicitor to start court procedings against them for the return of all my money paid and interest, and i am trying to persuade him to apply for a wasted costs order also for all the time i spent writing letters etc,
Capital Bank even had the ignorance to ignore the solicitor letters and will not return his calls, no matter what happens i am going to try and get them to court and then see if i can interest the newspapers.......

[delboytrotter]

Is it possible for me to issue a Subject Access Request to a car garage to get all the info they hold about a vehicle they sold me, any info would be good, i am trying to find out what was done to it.

[calvi36]

why is anyone using a solicitor, when all the information is here?

[delboytrotter]

I am dealing with a complex not fit for purpose car, with capital bank, i was trying to deal with it myself but they are being so obstructive it is madness, so i had to employ a solicitor

[scarlett79]

Hi im also havin trouble with capital bank. I owed £647.59 I tried to pay this amount off twice when i was refunded from other bank charges. Anyway after e-mails and numerous phone calls telling them which account to take this money from, they went into an account that hadn't been used for months. So again we tried and same thing happened.Then by this time other companies had gone into the account to pay their bills. I couldnt afford to raise this cash a third time. Anyway i recently recieved a letter, a default notice for the amount of £647.59, i managed to pay £216 off the arears total, but then this morning i recieved a letter saying my agreement had been terminated and the arears amount was £699.90. Surely since paying £216 off my above arrears should they not have had to send me a new default notice with the amount amended. Previous to the in the past i have owed over £1000 in arrears and only ever recieved phone calls. The difference being this time is i have just very very recently started the process of claiming back all their ridiculous charges and i think they have terminated my agreement rather than pay back charges. please help anyone as im supposed to hand the car back asap. Is there anything i can do??.

[jjandbump]

we had a letter like that from them but luckily we managed to clear it off at £200 a week for 3 weeks,
I really want to claim all the charges as like you we have got in arrears but they send letter after letter all at £25 - 35 a go, i just want the money paid towrds the agrrement the sooner they can get shot of them the better. Only thing is we have 18 months of paying them back can they just shut down the agrrement in retrospect. Please any advise would be much appreciated.

I think we should ALL posting here with all the problems contact watchdog and see if they want to have a investigate on our behalf that would be one mighty kick up the bottom for them. Infact i will do it now.

Howevere would still appreciate any advice.

[jjandbump]

i have just found and logged my complaints with capital bank with watch dog,,,, please do the same.

BBC - Consumer - TV and radio - TV and radio

[delboytrotter]

I have also contacted Watchdog with regard the problems i have had and i would urge anyone else with similar problems to do the same.

BBC - Consumer - TV and radio - TV and radio

[scarlett79]

Hi i definatley want to mention the problems i've had, thanks to you both for the link. Should i just write something similiar to what i have mentioned on here as my case? thanks all. I did actually e-mail cap. bank today saying i would seek advise from a solicitor and go public with there horrendous treatment if they dont overturn their decision to terminate. Hope it works and even if it does im still going to the watchdog link now so thanks ppl.