Hi All,

I have written a letter to Capital One the chrages for £345.00. I have used the template on The Bank action Group. I have no received the following response.

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Dear XXXXXXXXXXXX

Account No. XXXX XXXX XXXX XXXX

Thank you for taking the time to write to us about the fees we've added to your account. I understand you feel these are punitive in nature and unfair and I'm sorry to hear you feel this way.

Looking at your account, I can see you last used your card on 2 August 2004 and spent £3.65 over your agreed credit limit. In September, we received a payment of £10 but it wasn't enough so we automatically added a late payment and overlimit fee.

In your credit agreement, which you signed when we opened your account, you agreed to pay our fees. To explain, we add a late payment fee of £20 to your account if your payment is late or hasn't reached us by the date on your statement. We also add an overlimit fee of £20, if your account goes over your agreed credit limit.

Because we didn't receive a payment for six months, we sent you a default notice on 23 February 2005. This asked you to pay your overlimit amount of £345.79 within ten days. Unfortunately, we didn't receive this so we passed your account to a debt collection agency.

I understand you believe these fees are unfair, and the Office of Fair Trading has investigated this. However, our fees are in line with fees other banks and financial institutions charge.

You've mentioned you'd like me to refund all the fees we've added to your account in the last year. I'm afraid I'm unable to do this, because we've added them correctly and in line with your credit agreement. However, as a goodwill gesture I've refunded £40 of fees to help reduce your balance, your outstanding balance is now £505.79. I've also included copies of your statements as you've asked.

Your account is now with a debt collection agency called Equidebt, so you'll need to contact them directly to discuss a payment arrangement. Their telephone number is 01789472180.

I realise this isn't the answer you were hoping for but I hope I've explained things clearly. If you have any more questions about this, please write to me again within four weeks. I've included a copy of our complaints leaflet, which gives my address.

Once again, I'm sorry you feel our fees are unfair, and that I've been unable to refund all of them for you. I hope you can work together with Equidebt and set up a payment plan that suits you both.

Yours sincerely

Lee Powell

Executive Office Manager

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My credit limit was £200.00 and the balance now is £545.

£345 are the charges. Any suggestion what should I do next.

Please help.

Thanks

S11

no responce........ thats unusual !, normally they sive you a t&c responce.

try the same sort of letter requiring full satisfacton, if no responce is given by your deadline then start a court claim.

I'm still trying to figure all of this out for myself but that letter just puts this whole issue into crystal clarity. For the sale of £3.65, they think that they can charge you over £500 in fees!?! If the Unfair Contract Terms Act was designed to do anything then it was designed to address this sort of gross unfairness.

ah you have already been defaulted, sorry misread

Your account is now with a debt collection agency called Equidebt, so you'll need to contact them directly to discuss a payment arrangement. Their telephone number is 01789472180.

contact the agency asap, notify them that capital one have breached the banking code 13.6, as the amount on the account was in dispute they have done wrong.

Say you will make payment of the amount you think you owe (total amount less the charges and interset on the charges).

If they do not accept this amount to clear the debt come back here, this will still leave you with the default, but you can ask capital one to remove this as they have been unfair.

note; they may try and tell you they defaulted you before the account was in dispute. I f this happens then they are either right or have done another cover up job. At least you will have the debt cleared.

IF THE AGENCY however does not accept your offer, tell them you will have to make a claim against them as they now stipulate the debt is theirs and nothing to do with capitalone anymore (highly unlikey though)[/i]

Thanks for your inputs.

I have decided to go ahead with a court claim against Capital One.

Afew questions:-

As the claim is over £300 the charge will be £50. Do I have to pay this charge straight away online using a debit card?

My annual salary is less than £12000 and I am getting Working Tax Credit and Child Tax Credit. If I have to pay the charge online how should I apply to get the charge refunded?

Also once I make the claim do I have to go to the court for hearings?

Can anyone direct me to a website where I can view template for filing a claim online ( Particulars of claim box).

Thanks for all your help.

S11

I believe that if you are in receipt of any means tested benefit, you would automatically qualify for fee exemption.

As far as I am aware you are not able to apply online for exemption from fees.

You would have to complete the necessary application and enclose photocopies of your Tax Credit Award letters as evidence

You could then send everything together by post or deliver by hand to your local county court.

YOU CAN APPLY FOR EXEMPTION ONLINE...

you need to do this at your local CAB, take proof of your tax credits with you.

Just an update with my claim against Capital One.

14 days has expired but they have not responded to my letter. Court has issued a letter to pay the full amount including interest.

Yesterday I received a letter from Capital Once. They have lost the original claim and my last two letters. They have apologised and refunded me the whole amount.

They have requested me to contact the court and advice them that the money has been paid and the case is now closed.

SM

Have you requested that they remove the default?

I have written to them today. I will keep yoou post it whatever they say.

SM

This topic was closed on 03/05/19.

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