Capitol one charges

[suzie s]

Hi, up till 3 months ago i was able to pay my capitol one credit card but i hit problems and my credit card has unfortunately been unpaid for 3 months. Everytime i recieve a statement i cringe at the charges they are slapping on and to be honest it makes me feel like 'whats the point paying £10/20 (Thats all i can afford at present) when they were only just going to hit me with another overlimit fee anyway because i was still above my limit. Plus its getting to the point where i feel like i couldnt pay off the amount they are asking for now anyway and when i ask for help they just dont budge with these charges, How can they axpect me to catch up when they wont freeze the charges for a month or two?

I know this is my fault for falling behind with the payments but they dont want to hear my 'excuses' as the last caller put it, its either pay up or pay out! All i ask for is the charges to stop while i catch up.

I really dont know what to do! I'm beginning to panic a little...

[havinastella]

Hi and welcome Suzy,

 

Do you have a full set of statements? If not I'd send the S.A.R letter to Cap one, enclose a £10 postal order.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

This will get you a full set of your statements and you can start to reclaim these back!

 

You may also want to send them a CCA to see if they have a credit agreement they can enforce.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Jogs

[Guest forgottenone]

I know this is my fault for falling behind with the payments but they dont want to hear my 'excuses' as the last caller put it, its either pay up or pay out! All i ask for is the charges to stop while i catch up.

 

Capital One or Capone as you may read here. Same difference. Look at it like this, anyone can fall into debt at a moment's notice. Drop of a hat/snap of the fingers. Even the same people who told you they didn't want to hear your 'excuses' anymore. Yes, I know ... but don't feel bad. There are things that can be done. As someone else here will explain.

 

Best advice I can give right now is don't speak to them on the phone anymore. There is a letter template about telephone calls on CAG. I'd just log all calls, don't answer if you have caller display. This can be used if/when you may need to complain to the FOS/OFT about the volume of phone calls you received and the creditor hit with a fine. It will automatically remove that line of attack by Capital One. There are some other things which I am learning about can be done. Only in writing from now on. That removes their weapons of abuse/attack ... exploiting the mere fact they can say what they like down the phone, without any record. In writing you at least have that function.

 

Others here with more experience can help you further. As there are quite a few things that can be done.

 

Anything you receive eg lettters, if you can, post them here - removing any trace of your personal details, including any *and I mean any, whether it looks innocent or not on the letter it's there for a purpose* reference number, barcode *on some I've seen* along the side or anywhere after scanning if you can, then use photobucket to upload, then paste the image code here. Then other CAG users can advise you on anything contained in them.

 

Threatograms, which you will receive or have received many of right now. Do exactly what they say on the tin. Make you react, contact them. Don't. Come here for further advice if you can.

[Guest forgottenone]

Seems I wasn't fast enough typing - already you've received the very help I was just talking about. My bad, for not waiting. Re CCA, still waiting for mine. Time limit's up. Anyway, welcome Suzie.

[drob]

Hi Susie ..........

 

First thing to do is see if there is a true and executed credit agreement in place. Send the following letter to them, do not sign the letter and send it recorded delivery. You will need to send a £1 cheque or postal order with the letter.

 

10th June 2008

Capital One Bank

Executive Office

PO BOX 5281

Nottingham

NG2 3HX

 

Account in Dispute

Dear Sir/Madam

 

Re:− Account/Reference Number XXXXXXX

 

With reference to the above agreement, I would be grateful if you would send me a true and executed copy of the credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request, statement of account and copy of any assignment. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. This payment is NOT to be used for any other purpose.

 

I understand a copy of my credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully

Mr A N Other

[havinastella]

Drob,

 

I see no reason why the account should be put into dispute, Suzie should just send the letter "N" from the templates and wait to see if they have a copy!

 

 

Jogs

[Guest forgottenone]

One other thing I will add about Capone for you Suzie. In case it's already happened or you've been asked. Capone will, at some point, ask to see your bank statements, any wage slips. Again, they have no right to ask for these. Which they know, but will rely on you not knowing this. Doesn't stop at letters, either cos they say this on the phone as well. I had to fling a letter back at Capone in this respect reminding them of this fact. Just to mention it in case they have already done so. Or will. Cos they'll get round to it. Also, if they've supplied you with one of their 'smiley faced' Amazon rain forest wastage budget planners - don't fill it in. Reason being it asks for far more info than is required.

Edited June 9, 2008 by forgottenone