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mudbutt

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  1. Update... I SENT CAP1 THIS LBA ON THE 24/01/2012 AFTER THEY BASICALLY TOLD ME TO DO ONE.. Although you broach a lot of the OFT recommendation in your letter, it would appear that you are selectively picking parts of the OFT report in an attempt to justify £12 as a fair default charge. I would suggest that you read the report in it’s entirety and remind you that what the OFT actually stated is that where credit card default charges are set at more than £12, the OFT will presume that they are unfair, and is likely to challenge the charge; Further stating that a default charge is not fair simply because it is below £12 and only a court can finally decide whether a charge is unfair or not. Should this matter proceed to trial I shall be seeking full disclosure of any true actual losses incurred by the bank as a result of these breaches and believe £12 to be grossly unfair and disproportionate to any actual loss incurred by the bank. It is my view that the charges debited to the account are punitive in nature; are not a genuine pre-estimate of cost incurred by the bank; exceed any alleged actual loss to the bank in respect of any breaches of contract on the part of the customer; and are extravagant and unconscionable in amount in comparison with the greatest loss that could conceivably be proved to have followed from the breach, but instead act in terrorem to ensure contractual compliance and to deter a breach on the part of the customer.I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations. I do not believe the charges reflect the true cost to Capital One and are unfair and disproportionate. I am therefore requesting a full refund on the Unfair Terms in Contracts Regulation 1999. I would draw your attention to the terms of the contract, which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner, which complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I therefore ask that you repay me the full amount of £168.00. I have attached a full schedule of the charges with this document. Additionally, you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you, or was the result of impecuniosities caused directly by the taking by you of penalty charges, which you had applied unlawfully to my account. In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable. I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice. THIS IS THE REPLY TO THIS LETTER. "As a responsible lender cap 1 has an obligation to ensure that the information it reports is accurate and that it will not mislead future lenders. There is a consistent approach for financial institutions to record acc management activity in order to assess a customers credit worthiness. This practise is in accordance with data protection principles, guidelines issued by the information commissioner . As your account has been reported correctly, i cannot agree to remove the default from your credit file as you have requested.Futher to our last letter dated 10/01/12 i have reviewed this case again. Cap1 remains of the view that its default sums were both fair and lawful. however, as a gesture of goodwill and without any admission of liability i am prepared to increase my offer of refund to £156. (NOTE HOW THE AMOUNT IS LESS THAN WHAT I CALCULATED ON MY SPREAD SHEETS TO THEM.(if you would like to accept this offer please sign and return the enclosed settlement form within 14days... WHAT DO YOU THINK MY NEXT MOVE SHOULD BE BECAUSE I REALLY WANT THAT DEFAULT REMOVE THAT IS THE ULTIMATE I AM NOT REALLY BOTHERED ABOUT THE MONEY.. ...
  2. Thank you slick132 so to confirm I should do another spreadsheet without interest and send them lbc and give them 14days to reply?
  3. hi Slick132 thank you for your reply. I got my SAR reply from them. I put together a spreadsheet of all late and over limit charges which came up to a total of £168.00 plus £99.22 interest at statutory rate... The card its self was closed in 2010 I have default registered on my credit score because of this stupid card. It is in arrears of £119 which I have been fighting with debit collectors since, I told them to prove how I owe this money. The letter above was a reply to my request for charges to be refunded to me..I have not made a payment to this account for about 2yrs. the charges are from may 2009 to march 2010.
  4. Update#### update#### i don't have a scanner so i will type the letter verbatim. I sent cap1 a refund charge letter and my spreadsheet with the charges and they sent me this reply. " thank you for your letter dated 27 dec 2011 regarding £12 default sums added to your account. As a responsible lender cap 1 has an obligation to ensure that the information it reports is accurate and that it will not mislead future lenders. There is a consistent approach for financial institutions to record acc management activity in order to assess a customers credit worthiness. This practise is in accordance with data protection principles, guidelines issued by the information commissioner . As your account has been reported correctly, i cannot agree to remove the default from your credit file as you have requested. I have reviewed your acc and considered the merit of your complaint. The oft has not challenged the right of banks to charge default sums, just the level of those defaults sums. Following the publication of the oft's report , cap 1 , in line with other banks, reduced the level of default sums to £12 each in sep 2006. I can see the default sums have all been correctly applied to your acc as a result of the way you managed your acc. Cap 1 believes these charges are both fair and lawful and as a result, no refund is due. We also note you have requested that cap1 pays statutory interest at 8% on the default sums pursuant to section 69 of the county court act 1984.however, statutory interest only becomes payable once judgement has been given , and any amount awarded is entirely at the discretion of the courts. You are therefore not entitled to ant statutory interest whilst the matter remains pre-action. Furthermore, refusal to accept a reasonable offer of settlement purely on the basis that you wish to recover statutory interest could be seen as a breach of the pre action protocol, making you potentially liable to cost sanctions" need some advice on what to do next if anything... Thank you
  5. i called them today they said they would call me back will see what they say tomorrow
  6. Had some tiling done in my kitchen by a tiler recommended by family friend . unfortunately he has already been paid but the standard of work that he has done is very poor and I would like some advice on what i can do about this. the tiles on the floor have hollow sections and i have been told its because the tiler did not spread the adhesive evenly and that if the tiles are not changed they are in danger of cracking and lets not forget the fact that the tiles are not even at all.. so what can I possibly do to this tiler? PLEASE ANY ADVICE IS WELCOME.
  7. I got a follow up call from cap1 they claim they could not find out what happened to the data they sent so they will resend my data . Lets wait and see..
  8. Just got a reply claiming that they sent my data recorded delivery on the 12/11/11 (NOT) and that if i want them to sent me another batch i have to pay another £10 .. what do do now im beyond upset...
  9. What is the process of taking court action ?
  10. sorry i do not have the means to scan and upload at the moment my printer gave up on me.. i decides to make token payments to mackhall to get them off my back.. £2 a month for the next 132 months till 2022 . could easily pay it all now but i figured why should i be the only one who suffers from having a default on my credit score for six years...
  11. Got a letter from BC. they acknowledged receiving my letter and they apologise blah blah blah, said they will investigate and give me a reply by the 16/12/11...
  12. got no reply from Cap 1 so i sent then Data Protection Act - Non-Compliance - Letters on the 16/11/11 which gave them 7 day to comply with my request and i have heard nothing from them . My question is what is the next step?
  13. UPDATE got this reply to the letter i posted. Thank you for your letter. I can confirm that this account was repaid in full on the 15th May 2011. I have now instructed Gothia to cease any further contact with you. Once we have the account back with us we will then write off any interest that has been accumulated on the account.Please use this email as confirmation that payment has been made in full. Please do contact us if you have any further questions. result..
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