I need some advice now - about to send LBA

[elizabeth1]

MY Cap 1 card account was defaulted at £770 (I had a limit of £400)

 

I have added up that they charged me £395 in Charges (with interest as per spread sheet at around £135 totals £528 odd)

 

I have sent my Prelim to Cap 1 and had a reply off Mr Udy today saying that they'll settle for giving me £125 - the difference between £20 & £12 charged etc..

 

Mr Udy says he has reviewed my account and that a sum of £110 had been applied to my account - but he doesn't say what or when that £110 was applied to my account (need to examine bank statements with a toothcomb to see if it's an old matter - or something new.

I do get the feeling it was one day I phoned them back after their harrassing phone calls and avalanche of letters to me - my mouth motored off down phone and I went a little NUTS at them and told them bog off I ain't paying no more - cause they were really taking P out of me and just slamming my account with charges till it was doubled the limit of my card - does this sound likely they duid that for me?? As it seems a new one on me!!

 

NOW the bit I am stuck with is - will getting these charges back - actually clear this account and leave room for me to get the Default removed - OR do I have to clear the whole £770 that they defaulted me for??

 

My sums make me think that the £528 charges with interest - does clear the £400 credit card limit that I had - with a tiny little bit for my christmas party dress & shoes? (Come on a girl has to have shoes?? )

 

Is that how this one will work out when I send Mr Udy a letter saying thank you I will accept that sum as part payment and will go court for the rest unless he coughs up?? Or do they have a right to the whole balance at £770

 

I am just double checking that my mind is straight before I send this letter on Monday - cause I don't want to look like a clown!! I hope someone can just check those figures for me please!!

[elizabeth1]

Posted LBA to Capital One - will see what happens next !!!!

[elizabeth1]

Well my claim has moved on a bit since I first began this thread.

 

I filed my claim for 650 pounds and did win my charges back - But Cap1 decided to take this 650 off the defaulted balance of 770 - so now it appears that I still owe 121 to Cap1 - so I am not a happy bunny as I still have a default - probably with a nice fresh date on it so it will run for 6 years from now? (My original card limit was 400 - so whatever was above that limit was made up of unfair charges from Cap1)

 

In my bid to work my way to solve this I have picked up on some areas and I do plan to continue my claim against Cap1.

 

Firstly, they hadn't supplied me with the signed CCA that I had asked the for or a copy of the Default Notice - I am arguing this point with them.

 

I had PPI insurance on this card and they made excuses when I came to claim on this insurance at being made redundant. I should have been able to pay this from the insurance I'd been paying?

 

I have informed Cap1 that I plan to continue this claim on the basis that I haven't been supplied with the relevant paperwork as requested (CCA & Default Notice), also that they have inaccurately recorded information about me for a debt that was largely Unlawful Charges, Also I had been Mis Sold Insurance that ought to have cleared this debt.

 

From what I have read here Cap1 shouldn't have recorded such data about me and if their plan is to start writing about me and creating a new Default etc.. then I plan to try stop this from happening.

 

I shall write more as my case developes further.

[stan5131]

They will not creat a new default against you as long as you continue to make payments to pay off the little balance that is left.

 

There are plenty of threads on this forum where people are taking actions to have their defaults removed on grounds that they were wholly or mostly made up of unlawful charges. I think you should pursue this and push them for a copy of the credit agreement which will add strength to your case if they cant supply it.

 

Good luck and keep us posted.

[elizabeth1]

They will not creat a new default against you as long as you continue to make payments to pay off the little balance that is left.

 

There are plenty of threads on this forum where people are taking actions to have their defaults removed on grounds that they were wholly or mostly made up of unlawful charges. I think you should pursue this and push them for a copy of the credit agreement which will add strength to your case if they cant supply it.

 

Good luck and keep us posted.

 

Stansfield,

Initially when I was made redundant I asked about the insurance covering this and was given a huge runaround and fob off - hence my 400 card Limit creeping up to 770 with chrges - I kept paying the charges and minimum balance for as long as I could do it (but it's tough when you have children to provide for?). It got to a stage where I just couldn't do it and when I suggested what I could afford they always wanted more and guess what?? They still charged me the PPI every month!!!

 

I never made any arrangement with them cause they were so unhelpful and obnoxious to me!! Everything I offered to do they wanted more and I simply couldn't do it.

 

So on the basis of the charges I do intend to get the default removed somehow - I will keep reading and reading as I have no intention of letting these people register a new default against me with this years date when the other default was from 2002/2003 time - I will kick a fuss up to stop them doing this.

 

I am sure that f they had the paper work relevant to this account - they'd have sent it to me no problem instead of making excuses?

 

I have sent Cap1 a letter outlining why I intend to continue this claim and copied it to court etc.. with the slip saying I want to continue claim and why I intend to continue etc.. (thank you willow!!!)

 

I reckon if CAP1 are so certain that their charges are right and the refund they gave DCA is a GOGW on their part and they want to explain why they defaulted me for a debt with so many charges and then why they continued to charge me PPI and wouldn't let me claim - and that they'll not give me paperwork as requested etc.. - if they want to do this in court it's fine by me really - as I haven't got to explain those things to a judge - all I did was get in arrears on a card repayment that I truly believed I was covered for by insurance. I am not the one who has to explain myself as at the end of the day I did my best my circumstance simply changed.

 

It sure will be interesting to see what this Bank come up with next as their defence.

[stan5131]

PPI is a whole new ball game. You can actually claim back all the payments if this was mis-sold to you. Why did they say you could not claim? and when did you take this out? Was it when you opened the account or was it at a later date?

[elizabeth1]

PPI would have been there when account was opened - I am looking at this area though as there is plenty on the PPI board to read.

 

It's amazing how these things never work when you need them?

[stan5131]

They are often not worth the paper they were written on! If you refused your claim on PPI, what reasons did they give? Redundancy is pretty standard and if this was not covered, then basically, you paid a lot of money out for nothing. PPI is usually charged at £1.20-1.40 per £100 of the outstanding balance.