after reading http://www.consumeractiongroup.co.uk/forum/showthread.php?335644-Capital-One-fast-track-default-charges-and-PPI-claimback-(no-SAR-req-d) i decided to give the number a ring.

rang them, very pleasant to speak to (which always helps).

they didnt give me the amount over the phone, but said they would put it all togethor and send a letter to me with all the details.

"Originally quoted by topcat72"

 

talk about coincidence! when i got home from work there was a letter from capone saying my file had been returned from the DCA with the status of partial settlement, and that the account has been closed. looks to me like they have written off my debt.

 

im going to give the phone number a try as any money from that avenue will now be pure profit, and easier than going to full SAR!

I've lifted the above quote from your BC thread.

Surely any money that they refund will simply go towards the outstanding or written-off balance.

If so, is this even worth pursuing.

the written off balance is £15.83! so not really an issue

OK and understood

well, the offer letter has arrived, with the grand total of £33.89. this is made up of £32 in charges above £12 and £1.89 interest.

they have also referred to not being able to go back further than six years due to the Limitation Act.

i have already written a letter stating that i do not accept the offer, and asking for a complete breakdown of how they have worked out the amount, and how they justify the charge level.

the wording im going to use is:

>

I think you'll find it is S32(1)© to be used.

ims

thats what i thought, as i copied the Limitations Act stuff from another website, and they quoted section ©. but when i actually looked at s.32(1) it seems that its section (b) that relies upon concealment, whereas section © seems to refer to restitution after a mistake.

im using http://www.legislation.gov.uk/ukpga/1980/58/section/32

which says:

32 Postponement of limitation period in case of fraud, concealment or mistake.

(1) Subject to [F1subsection (3)][F1subsections (3) and (4A)] below, where in the case of any action for which a period of limitation is prescribed by this Act, either—

(a) the action is based upon the fraud of the defendant; or

(b)any fact relevant to the plaintiff’s right of action has been deliberately concealed from him by the defendant; or

© the action is for relief from the consequences of a mistake;

the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.

unless im reading it wrong, i think quoting (b) is correct.

If you go to court you will find it very difficult to prove concealment.

Have a read around the reclaim forums.....all claims regarding older charges rely on payments made under a mistake.

ims

fair enough, ill amend the letter

tweaked, amended and reworded wording:

I refer to your letter dated 10/2/2012 in which you made an offer of £33.89.

Please record this letter as my rejection of this offer. I do not feel that this offer is fair in respect of the amounts I have been charged.

In order for me to judge an equitable amount, I would be grateful if you could provide a detailed breakdown of how you have arrived at this figure. I would expect this to take into account all default charges (including, but not limited to, late payment and over limit penalties), as well as an appropriate amount of interest. I would like to see this information for the entire period of my business with you.

Please note that I do not view these charges as being limited by the Limitation Act 1980. Claims for charges older than 6 years are permitted under s.32(1)© of this Act.

The Limitation Act 1980 is quite clear that in cases of fraud, deliberate concealment or the consequences of a mistake, the period of limitation does not begin to run until I have discovered the fraud, concealment or mistake or could with reasonable diligence have discovered it. I could not have been in the slightest bit aware that charges applied to their credit card accounts were either unlawful or unfair prior to the OFT publishing their report into credit card charges on April 5th 2006.

It therefore follows that the period of limitation did not commence on this matter until April 2006, which means that until April 2012, it is possible to make a claim in respect of ALL the unlawful/unfair charges applied to my account since that account was opened with you.

I would also like to be provided with a breakdown of how the amounts charged are arrived at, in terms of those costs you have actually incurred when dealing with each instance where a charge has been applied to my account.

On receipt of this information I will be able to determine what I see as a fair figure.

Failure to provide an acceptable offer, or in lieu of this, a complete justification of the charges already levied, will result in commencement of legal action to recover the charges.

Yours sincerely,

Sounds good to me

ims

Seems to have done the trick, letter arrived today offering me £220, which seems fairto me, so i'll be accepting.

and then use the money to go after barclaycard.....

Hi TC and congratulation on your prompt result !!

Thread title changed to reflect your win.