Sent first letter yesterday going straight for he kill! Did'nt know about having to ask for your statements first!! Anyone seen this letter that I sent before ?
Due to recent media coverage on bank and credit card charges I am now aware that you, Capital One, have been charging me charges that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation.
I believe that your charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that your charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd  AC 79.along with Murray v. Leisure play  EWCA Civ 963 It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual and or real loss.
Your charges appear to be nothing more than a profit-making scheme. Therefore I require you to refund all charges representing the total amount which are deemed unlawful during the months applicable. I hereby give you 14 days to refund the charges back to me and close my account. For the avoidance of doubt, if this is not done within 14 days, I will commence my claim in the courts without further warning. This action will inevitably involve you in additional costs.