Claiming Charges from old Capital One acct

[classylady18]

Hi

 

I need some advice please...

 

I had a Capital One credit card which i got behind on payments, it was eventually settled in 2005 and paid in full. However i requested my credit file recently and have found a default for £49 on there from Capital One. i have never been told about a default so im not too happy about it and want it to be removed.

 

Also i am wanting to claim back the charges that i incurred during the time the account was open, i remember being charged about £50 a month for quite a while as i was over my limit and paid late etc. I have a problem though, i have no record of the account number as it was lost when i moved house following my divorce.

Does anyone know how i would go about claiming without my account no?

 

Thanks in advance

CL

 

[CardFight]

Hi ClassyLady,

 

I'm quite new here but hopefully I can give a bit of advice.

 

Although you don't have your account number you can still send Cap 1 a SAR ( you can download the template from this site ) explain that the account was under your previous address, they'll be able to find your account from your previous postcode etc.. Make sure you request a FULL SAR, this will give you all statements and communication from them.

As you say Cap 1 have placed a default on your credit file, they should've sent you notice that they were going to do that ( this should be included when they reply to your SAR ).

 

If Cap 1 DIDN'T send you notice of a default then post back here and someone can help you.

 

Good Luck Classylady

 

CardFight

[StokiePotter]

It should give a reference number on your credit file, this is usually your Acc number with Crap1...

 

As Classylady says, request your SAR and tally up your charges.

 

Good Luck,

 

Take a look here http://www.consumeractiongroup.co.uk/forum/capital-one/158503-200-now-500-default.html for a step by step guide to reclaiming your charges

[classylady18]

Thanks guys, I have now downloaded the template letter, do I need to send any proof of my ID? I was going to send a photocopy of my drivers licence.

 

I have got my credit report from Experian in front of me and its doesnt show a reference number for the account anywhere. It just says the date the card was started and then the default date and amount and history.

 

I have included my previous 2 addresses so hopefully they will be able to find me from those and also my date of birth etc.

 

I will keep you updated

[StokiePotter]

I wouldnt send anything unless the specifically ask for it, Where it says Acc Ref just put the address that the card was registered too. They may come back with "We cant locate your details" if thats the case Im sure somebody who is more in the know could advise you accordingly

 

"Good Luck"

 

As stated in my post to jo5epherdward5, you will get the usual speal from them.... hang on until you get "EVERYTHING" that they owe you... it's your money not Theirs!!

[classylady18]

Thanks StokiePotter, i'm going to post it at lunchtime!

The clock starts ticking now!

 

Dont worry i will hold out for all the money !

[classylady18]

Just over two weeks have now passed since I sent off my SAR and havent heard anything from Capital One yet, the cheque hasn't been banked either.

 

Does anyone know how long it usually takes for them to send out? I suspect that they will wait until the last minute !

[classylady18]

My statements have finally arrived! (by special delivery!)

 

I have gone through and totalled up the late payment and overlimit fees and have a total of £528! I didnt think it was going to be this much!

 

What i need to know is which interest am I best claiming for ? The 8% or the Contractual interest? I have read through the guides but i am still a little unsure of what to do

 

I have started my letter to request the money back and have also included the text about a default. I did notice on my credit report that they had entered a default against me in 2004 for £549 but i do not recall ever receiving anything informing me about it.

Anyway in 2006 i managed to clear the balance on the account by paying Scotcall (DCA) £500, he agreed a settlement figure with Cap One whereby they would accept £500 as the final figure and wiping the £49 off.

However when i checked my credit report in April this year i nitoced that the default is unsatisfied and an outstanding balance of £49 is on there!

I do not believe i owe this £49 as it was agreed with the Scotcall and Cap One that £500 was acceptable as a settlement figure.

 

How do i go about getting this sorted out? Any advice is much appreciated

 

CL

[WendyB]

Firstly, if you decide to claim contractual you have to do it from the start, in your first letter. Secondly, it's very complicated (IMO) and would more likely go all the way to court. You would have to be well up on case laws etc, do laods of research and prepare for a fight. There's a thread on here Big Budgie v Capital One. He has recently been in court and is awaiting judgement being handed down. It may help you to have a read through his thread if you are thinking of going the CI route.

 

If you decide to go with the 8% s.69 stat interest you don't add that on till you file at court.

[classylady18]

Hi,

 

Havent been on for a while, so thought i would update...

 

I sent a letter on 3rd October to Cap One requesting the amount of charges back from them as it stands i havent had any response from them.

 

What is the next step? Do i need to ask for the credit agreement now or do I just write another letter saying i will proceed with the court claim if i dont hear from them in 14 days?

 

Thanks for your help !

[deedee1310]

Hello Classy Lady.

 

The timelines are 14 days for Preliminary letter and then 14 days for the Letter Before Action (LBA). As they have not responded, you need to send them your LBA. 14 days after you have done so, if they have not responded in a favourable manner, file your N1 at court.

 

Cap One will usually write you and say that they can't offer you anything. When you threaten N1 they write and offer you the difference between your charges and £12. When you finally take it to court, they'll offer to pay you everything you've asked for including statutory interest and your court fee.

 

Hang in there - I've just settled my case with them and had a default and late markers removed as well as being refunded just under £1100, so it can be done

 

deedee