Redlizzie v Cap 1

[redlizzie]

Hi all,

 

I actually found this site whilst doing research on a company that has just offered me a job.... my mid week euphoria has had the shine knocked off it I will say.. unfortunately my gut was right, and they do appear to be a load of cowboys.... which is a shame, cause I could really do with the money! However, the silver lining is, having browsed the threads, I can think of many ways the wealth of information and experience here will be of benefit to me as I start the process of sorting out my finances thrown into disarray over the last (and worst!) 8 years of my life!

 

I am patiently waiting for the outcome of the bank charges ruling, as my own rough estimation tells me, I could be looking at being able to claim back a serious amount of money if it goes in the consumer's favour...have parachute account, will jump if neccessary!

 

In the meantime, I have had a problem with car insurance which I would like to pursue. It relates to automatic renewals, so I will take some time to look for the appropriate place to post.

 

Also a problem with a Capitol One card, again, I'll spend time finding the right place to post my problem with that...

 

Finally, if anyone knows of a job for an ETHICAL direct sales person (and yes, there IS such an animal!) I would be happy to hear from you!

[saintly_1]

Hi and welcome to CAG

 

Glad you found us take some time familiarise yourself with the forum rules here http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/

 

and the FAQ's here http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/24031-frequently-asked-questions.html

 

You can still tackle bank charges at the moment have a read of http://www.consumeractiongroup.co.uk/forum/general/107550-oft-test-claim-what.html

 

When your ready start a new thread in the appropriate forum.

 

 

saint

[redlizzie]

Thanks for that saintly.. however your link doesn't appear to work! Can you "spell it out" for me please?

 

Thanks

[saintly_1]

Try the link there now

[redlizzie]

Thanks for that!

 

Well, I have spent the last few hours looking around the forums and it to be honest I am bemused! There's so much information my head is spinning!Or maybe its because I have several things all on the go at the moment, I am struggling to know where to start!

 

Could someone point me in the right direction? I am clear about where to post with reference my bank charges and Lloyds TSB credit card, but what about my Capital One Credit card? Which section should I post that under?

 

Thanks:?

[maroondevo52]

Hi, redlizzie.

 

Cap1 Forum here..........

 

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

 

Its a sub-forum of Other Institutions.

 

Regards.

 

Scott.

[redlizzie]

Although I have been aware of the bank charges thing for a while, I hadn't before today connected them to my problems with Cap 1, and have been going off down a different route, and now I am wondering what to do for the best, and would be grateful for anyone's input.

 

In order to prevent late payment charges (of which I had many!) in May last year I set up a direct debit mandate with them for the minimum amount. I also moved, (and notified them of my new address)

 

In Oct I realised my card had expired, and no new one had been sent. I also realised I had not received any statement since I moved, I called them to notify them that it hadn't arrived, and to confirm that they were actually sending stuff to my new address, but to my surprise was put straight through to Customer Collections! Apparently it hadn't been sent out because I was over my limit. "How so, you have a D/D mandate, and have been taking money every month, how can I be over my limit?" (I haven't used the card for purchases at all) Because, I was told, minimum payment means the 5% or whatever, NOT any amounts required to bring the account back under the agreed limit. And I should look at my statements, then I should know.

"What statements??" said I.

 

So, during that conversation I was assured I would be sent all my missing statements. A month later I had the same conversation on the phone, however this time they assured me that "copy statements" would be sent. I only got 2, 3 are still missing.However since my conversation I have been receiving current statements, which clearly state "minimum payments" of an amount which INCLUDES an amount to bring the account under the limit again.. so why don't they take this clearly stated "minimum amount" in d/d's????

 

I have now written to them twice, asking them to close the account and freeze all interest etc on the account, whilst this matter is looked into and have had no reply.Each months statement includes additional PPI and late payment fees.

 

My last letter, sent 2 days ago gave them 14 days to respond before I contacted the FSA. So, my question is, should I scrap this line of attack completely and simply go the "normal" way by sending another request via DPA?

 

All advice gratefully received!

[WendyB]

I personally think you'd be quicker sending a Prelim etc than FOS. If you have all statements you won't need to send SAR.

 

Also, if you don't need or want PPI then ring/write to them to cancel it.

If you've got all statements send Prelim with a schedule of charges, then LBA, then file N1. You'll have your money back in about 6 weeks or so, in my experience.

PPi can be tackled at a later date if yu feel it was missold or you didn't ask for it in the first place.

[redlizzie]

Thanks, but I don't have all my statements, I'm still missing two that they haven't sent me. My last letter offered them 2 weeks to send me the missing statements.. so wait for 2 weeks then go straight in with an SAR?

[MARTIN3030]

2 threads merged.

Keep us posted.They would have 40 days to comply with a S.A.R - (Subject Access Request).

Personally IMHO it may be worth making an application under the consumer credit act for both a true signed copy of your agreement AND account transactional history that clearly show charges and interest applied.

There is a requirement to comply with this request much more quickly and the fee is only £1.00.

More info in the stickies at the top of the debt forums.

Dont forget -credit card charges are not being dealt with under the current OFT test case,having already been investigated and deemed excessive previously by the OFT.

[mkandy]

It's a pretty straightforward approach to Capital One. I would do the following (using templates in the Bank Templates forum):

 

1. Send the SAR request. As Martin says, they're obliged to provide them within 40 days. At the same time;
   
2. Send a CCA request to them, it's doubtful they can even provide you with an enforceable agreement, but you never know.
   
3. Once you've got your statements, send the Preliminary Approach for Repayment letter. They'll tell you their charges are fair;
   
4. Send the Letter before action letter, they'll offer you a reduced amount, reject this and then;
   
5. File an N1 Court Form, they'll pay up soon after.