My gf's Dad V. Capital One!!Grrr...***WON***

[bankhater10]

Hi there, iv just sent off a data request form to those lovely people at Capital one, i sent it to this address:

 

Legal Compliance Specialist

Capital One Bank (Europe) plc

Trent House

Station street

Nottingham

NG2 3HX

Any idea how Capital one treat claims for unfair charges?

All replies will be appreciated!!

-Craig

[maroondevo52]

Hi, Craig.

 

Cap 1 seem to pay out as soon as they receive court papers

 

Well, they did with me.(that was before the blanket stay nonsense)

 

 

Regards.

 

Scott.

[Hobbie]

CapOne are generally quite good at responding to SAR but not to good at coughing up the £££ (If of course any unlawful charges apply). And from reading what other people have dealt with CapOne tend to "credit" the unlawful fees back to your account if it is still open.

 

Keep us all informed how you get on with them.

[Alphageek]

Yes, they say they will defend Court proceedings and then pay up. It's been that way for well over a year now.

 

They took me up to Court Bundle stage and then gave up.

 

If they do this to you, make sure you ask for a Wasted Costs Order PRIOR to ending your claim.

[bankhater10]

Hi, im now into the 33rd day of Capital One's deadline to send my gf's dad his statements and he today had a letter from them saying how they have no record of his account!!!?! What you should know is that the account got passed on to a debt collection agency...does this make any difference?

Ps- is there any way that he could get his statements online?

Thankyou for your answers and any help you can offer...

[maroondevo52]

Hi, Bankhater.

 

How old is the account, when was the last time it was used and who are the Debt Collectors dealing with it and what have they said in any letters to your gf's dad.

 

It makes no odds if it's been passed to debt collectors or not, the Origional Creditor should still respond to your SAR.

 

Do you have any details from the account ?

 

Regards.

 

Scott.

[bankhater10]

Hi, Capital One did reply (just inside their 40 day limit) but, unfortunately, it was to say that they didn't recongnize the account number, i mistakenly put the account number from the Debt collectors letter and not my gf's dad's credit card account number(he didn't give it me), please can anyone tell me can i edit the SAR to somehow state that they technically have used up their 40 day limit to hopefully speed up the sending of the data this second time around? I really dont want to wait another 40 days...

[maroondevo52]

Hi,

 

I'm not really sure about this one, I thought all they needed was your name and address at the time you opened the account to gather all the info they have on you.

 

So the account number should not make much difference.

 

I'll get some advice from other site team members

 

Here's the templates for future reference

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

OK, asked about. It really depends what was asked for.

 

If they SAR asked for all personal data held in your gf's dads name, then the number is really irrelevant and I would be inclined to send them a letter giving then 14 days to comply or else.

 

If the SAR only asked for data relating to the account number it may be a bit more difficult, and you may have to start again.

 

Regards.

 

Scott.

Edited August 2, 2008 by maroondevo52

[bankhater10]

AT LAST!!

Hi, i have now got my gf's dad's statements, i just wanted to ask are ALL the late payment charges and overlimit fees reclaimable? It's just that some are only the £12 charges, am i right in thinking that those were 'legal' because that charge was suggested by the relevent authorities?

Thankyou in advance!

[maroondevo52]

Hi,

 

The £12 charges, legal my eye ball claim them back.

Have a look at this...............

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/15518-charges-description-statements-please.html

 

Regards.

 

Scott.

[bankhater10]

Hi, thanks for that!!

What is my first plan of action? Add the charges up and send a letter?

[maroondevo52]

Yes, send your prelim.

 

Have a look at the step-by-step......

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

Regards.

 

Scott.

[bankhater10]

Hi, just a quick question- im about to send my 'prelim letter' and i notice that there is a bit in it where is states 'I calculate that you have taken £XXXXX plus a further £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX', I thought we didn't ask for interest until the second letter/LBA or even the court action??

[bankhater10]

Hi, just a quick question- im about to send my 'prelim letter' and i notice that there is a bit in it where is states 'I calculate that you have taken £XXXXX plus a further £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX', I thought we didn't ask for interest until the second letter/LBA or even the court action??

[havinastella]

Hi, just a quick question- im about to send my 'prelim letter' and i notice that there is a bit in it where is states 'I calculate that you have taken £XXXXX plus a further £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX', I thought we didn't ask for interest until the second letter/LBA or even the court action??

 

Just don't put that bit in!

[bankhater10]

Hi again, please can someone tell me 2 things?

1, what the schedule of charges is and what to do?

2, the 'preliminary approach for repayment' letter mentions a waiver? i thought this only concerned bank charges and not credit card charges?

Edited October 18, 2008 by bankhater10

[bankhater10]

Hi again, please can someone tell me 2 things?

1, what the schedule of charges is and what to do?

2, the 'preliminary approach for repayment' letter mentions a waiver? i thought this only concerned bank charges and not credit card charges?

[checkoutdolly]

you just adjust letter slightly to suit your card thats all i did

[bankhater10]

Hi again, please can someone tell me 2 things?

1, what the schedule of charges is and what to do?

2, the 'preliminary approach for repayment' letter mentions a waiver? i thought this only concerned bank charges and not credit card charges?

[checkoutdolly]

my request

I am writing to ask you to refund to me the charges which you have levied from my account over the last four years.

 

I now understand that the regime of fees which you have been applying to my account in relation to Late Payment charges and over the limit fees and so forth are unlawful at Common Law and contrary to consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your charges really do reflect your costs?

 

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

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.

 

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken plus £which you have charged me in overdraft interest for the sum which you have taken. Total I enclose a schedule of the charges which I am claiming with this letter.

 

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you dispute that I am entitled to a refund of these charges, I request that you forward within the above mentioned time scale, a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6©, and failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

[checkoutdolly]

hope this is some good for you its what i sent along with a copy of your spreadsheet just add in where it says you have taken,the amount you claiming for

[bankhater10]

Hi again, i sent the prelim letter to Capital One and they replied with a strange letter stating that £20 charges aren't fair but £12 charges are and they will refund the difference...blah..blah! So am i right in thinking that i just disregard this and send the lba now please?

[maroondevo52]

Hi, bankhhater10.

 

You could send them one of these, heading it Letter Before Action........

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

Regards.

 

Scott.

[bankhater10]

Hi people,

Ok, this is the first letter i sent:

 

Request for repayment of charges

Dear Sir/Madam,

 

ACCOUNT NUMBER: **** **** **** ****

My request

I am writing to ask you to refund to me bank charges and related interest which you have levied from my account over the last six years.

 

The High Court has recently decided that your charges are subject to the Unfair Terms in Consumer Contracts Regulations 1999. I consider that the regime of bank charges you operate is unfair within the meaning of these Regulations as they are not individually negotiated, they operate in much the same way as charges operated by other High street banks and therefore there is little alternative to myself but to agree to the charges. Furthermore the charges are contrary to the requirement of good faith and fair dealing as they lack basic standards of commercial moral practice and take an unfair advantage of the weak bargaining power of the consumer. They impose a significant imbalance in the rights and obligations between the contracting parties which is to my detriment. I also consider that the charges may be unlawful at common law.

Your responsibilities

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. Furthermore you are bound by the Banking Code to treat your customers fairly and it is evident that you do not so.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £828

I enclose a schedule of the charges which I am claiming with this letter.

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I am fully aware of the waiver which you are presently relying upon and which was granted to you by the FSA. However, this is an internal industry matter and has nothing to do with me. It is one-sided and I note that you continue to levy charges and to enforce them despite the weight of judicial and popular opinion against you.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you dispute that I am entitled to a refund of these charges, then please let me know within the above timescale the basis upon which you dispute together with the reasons why you consider your charges to be fair.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

Yours faithfully,

 

**** ****

 

They then sent a letter saying that as a gesture of goodwill they will refund the difference between the £20 charges and the £12 the OFT suggest to make a total of £264 plus £20 as an acknowledgement of interest... and then asked me/my girlfriend's dad to complete the enclosed form...please can anyone tell me if this is the correct reply?-

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: **** **** **** ****

Thank you for your letter dated 28/October/2008

 

I respectfully decline your offer of settlement and request, one final time, that you return to me all charges imposed on this account, totalling £828

 

In order to avoid Litigation against you, I am prepared to temporarily accept the sum offered as partial settlement on the clear understanding that the remainder is paid within the next 14 days. Failure to comply with this request will result in legal action against you for full recovery, as detailed in my Letter Before Action.

 

If you do not accept my conditions for acceptance, or you do not respond within 14 days, I shall return the payment to you. For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter.

 

I trust this clarifies my position.

 

 

Yours faithfully

 

**** ****

 

 

 

 

[maroondevo52]

Hi, bankhater.

 

Looks sound to me, lets see what they come back with, hopefully within your timescale

 

Regards.

 

Scott.