WendyB - v - Cap One ***WON***

[WendyB]

hello everyone

 

New to this forum although I do have a thread on the Natwest forum.

 

Just decided to start a claim against Cap One, had the address for SAR but being cheeky decided to phone first to check whether I had to send off a cheque for £10 or not. Spoke to very helpful person who told me that she would send my statements free of charge. Asked her what criteria they were applying as to whether had to pay the tenner or not, she told me that as my account was now closed,(and defaulted) statements would be sent free of charge, but if I wanted manual intervention stuff, i.e.full SAR details, and the account was still being used, then would have to pay. Statements will do for me at this point so will wait and see if they turn up. She stated I should receive them within 10 days....lets just wait and see...

 

They defaulted the account for £48.84, have been told that even if I pay this balance the default will stay for 6 years. Do you think there's any chance of getting it removed if I can prove its because of charges?

 

Wendy

[WendyB]

Sorry Mods, just realised I already started a thread on 24th May - can you merge them please/

 

Thanks

[Trucker]

Wendy

 

Take a look at the letter templates. I assume your claim will be for more than £48 in which case you do have a right to have the defaults removed. The template letters include paragraphs specifically dealing with this issue. Follow the regular procedures and demand removal as part of any pre court settlement.

 

Good Luck

[WendyB]

Cheers Trucker, will do. Think the claim will be for about £300 but not really sure till I gget my statements. I'll chuck in something about defualt removal with Prelim and LBA. Can't believe that for 48 quid I get defaulted for 6 years!! No wonder I can't get a decent bank account! lol

[ukaviator]

I am just about to send a letter to all of the Credit Reference agencies. I believe there is no law stating that this has to stay on your credit file for 6 years. Once an account is settled it should be removed. I will let you all know if they reply to me.

 

Uk

[shar 37]

HI, I wrote to cap 1 on 8th May requesting payment of my charges of £1,036. I received on offer of a goodwill payment for £172 on 19 May. Sent letter back to them on 30 May declining offer but accepting it as part payment on the understanding that I would pursue recovery of the remainder with a County Court claim if necessary bla bla bla.

This morning received this letter stating they feel their fees are both legal and fair and they are dissapointed I was considering court action. That the OFT hadn't told them that they were obliged to refund any fees. They were not prepared to make a full refund and that was their final response to the matter. Is this the standard reply people are getting from them?

Please can somebody send me a link so I can start my own thread. Thanx.

[ukaviator]

Hi Shar

 

Just under the user cp top left here:

 

http://www.consumeractiongroup.co.uk/forum/capital-one/

 

This is where you start a thread.

 

Uk

[shar 37]

HI, I wrote to cap 1 on 8th May requesting payment of my charges of £1,036. I received on offer of a goodwill payment for £172 on 19 May. Sent letter back to them on 30 May declining offer but accepting it as part payment on the understanding that I would pursue recovery of the remainder with a County Court claim if necessary bla bla bla.

This morning received this letter stating they feel their fees are both legal and fair and they are dissapointed I was considering court action. That the OFT hadn't told them that they were obliged to refund any fees. They were not prepared to make a full refund and that was their final response to the matter. Is this the standard reply people are getting from them?

When I start court action I am going to use my local magistrates court, please could someone tell me what I need to take with me. Thank you.

[shar 37]

Oh sorry i didnt mean to post on your thread wendyB. Really sorry!!

[WendyB]

Have finally got my statements from Capital One, not really statements, just printouts. have worked out spreadsheet using CI and am about to send prelim. Should I mention the default removal in the Prelim? I can't really prove that the default was caused just by their charges.

And also do I need a copy of the original agreement? haven't got one, is it worth requesting one from the beginning or do I only need this if I go to Court?

 

thanks

[ukaviator]

Yes to all of the above, also any terms and conditions they had at the time.

 

 

Uk

[WendyB]

Can I put the request for CCA and T and Cs in with my Prelim? or should I request separately. Presume the Prelim is the same as the normal bank one?

 

Sorry if I'm being thick, i'm sure i already know this but not feeling well, brain not working, and am really busy at work, getting more and more behind due to feeling crap and spendding time sorting out my own stuff instead of work!

[ukaviator]

Hi Wendy

 

Do the CCA letter separately. If you send it in with your prelim, they will not be able to supply you with a true agreement in time if it's sitting on someones desk in the charges / refunds department. The CCA request is a £1 fee by the way.

 

Make sure you take care on your claim, do this in small stages, as it can be off putting with the letter writing etc, when you are not well. Get it right first time. You will feel a lot happier when your refunds start rolling in. We are here to help, just keep us posted.

 

Uk

[WendyB]

Thanks, I'll do that. Have added a bit into the Prelim saying that as my account is now closed please send payment by cheque. Although if my account is closed as they say oit is, why are they still chasing me for payment of a measly 48 quid??? They can take that off my winnings!

 

Will post prelim tonight, CCA letter wil have to wait till tomorrow I'm afraid, although hopefully it will never be needed........

[WendyB]

Sorry to be a pest again but is there a template letter for CCA request, have looked all over the site and can't find one. Presume i send it to the Nottingham address?

 

Am going home soon to some paracetamol and wine (not necessarily in that order!!!!) Gonna tackle this tomorrow.......

[WendyB]

Is it pure coincidence that now I've sent my Prelim Cap One have started chasing me by phone again?

 

First one left message on answerphone

 

Second Call - usual bumf about identity, date of birth etc

Cap One person: Can you confirm your date of birth please?

Me: You know what my date of birth is,, you've got it on your computer screen in front of you

C,One: yes but I need to confirm its you

Me: Would I say it was me and admit that i owe you £48 if it wasn't me?

C.One. Its for security reasons

Me: Whats your name and your date of birth?

C.One Why do you want that

Me: For security reasons

C.One Well I'm not telling you, you'll have to promise to call this office tomorrow

Me: Okay then, bye!

 

Third Call, Last Night. Hubby answered phone and passed them on to me

Cap One Is that Mrs xxxxxxxxx

Me: Yes

Cap One: Just need to do security blah blah

Me: do you mind if I record this call?

Cap One: Sorry, I don't have the facility to do that

Me: Well I do, so I'm just letting you know I'm recording it

Cap One: You can't do that

Me: Why not? You can record my calls to you, so I'm recording this call

Cap One: I can't let you do that

Me: You can't stop me unless you end this call now and don't bother calling me again

The phone then went dead - was the poor little flustered Cap One person worried I might record some incriminating evidence of harassment lol.

I really enjoyed myself and can thoroughly recommend it to anyone else who gets annoying calls.

[WendyB]

Prelim received by Cap One on 30th July. LBA ready to go next week.

 

I have now received an offer of less than 50% from Cap One. My problem now is this;- do I still send LBA, or do I send a rejection, partial acceptance, or amalgamate this into LBA?

 

Have read all the rejection letters but not sure whether I should keep the rejection/partial acceptance seaparate from LBA.

 

And would it be okay to do a partial acceptance given that my claim includes CI

 

I just can't get my head round this - all suggestions gratefully received

[steven4064]

Amalgamate acceptance as partial settlement into LBA is teh best way to go (IMHO)

[WendyB]

Recieved a copy of what cap One say is my CCA, it looks like an application to me, albeit it has my signature on it.

 

have amalgamated a partial acceptance with an LBA and posted off today recorded delivery. Just have to wait now and see what they come up with.

[steven4064]

It has to be a copy of an executed agreement - that meens it must be an agrement not an application form, it must have your signature, a signature of someone acting for Cap1 and a proper date. Nothing else will do.

[WendyB]

Have'nt updated this for some time, so here goes.

 

12th August Sent LBA/partial aceptance .

Cap One said bog off

Filed at Court, claim deemed served 9th September.

14th September - letter from Cap One saying you have no claim, our charges are fair, BUT as gesture of goodwill blah blah, offering to pay up! Everything. Charges, court costs, CI and S.69. Result!!

 

They have paid off the balance on my card (28 quid) and are sending me a cheque for the rest. And will defend the claim on the basis they've paid in full..

 

Am writing to them today saying that I won't drop claim till I get the cheque.

[ukaviator]

Well done Wendy b

 

Great news.

 

Uk

[steven4064]

Am writing to them today saying that I won't drop claim till I get the cheque.

Absolutely right - I would go further and say 'until the cheque has cleared'

 

But Well Done, CONGRATULATIONS!

[WendyB]

Just a theory, but it seems to me that if accounts are closed, they're paying CI, if accounts still open, they're not. I managed to get CI and s.69 8%. Others seem to be offered 8% only, thus leaving the court case to run on CI alone, which is difficult if they've already paid up the charges in full before it gets to court.

[thelightbrigade]

Hi Wendy, well done, which spreadsheet did you use to calculate your interest, i have tried 3 different ones form the site and get 3 different figures??

Could you email the one you used to me please?