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Capital One **WON**


Guest Alison82
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Guest Alison82

Since I had all of my statements I went ahead and sent hem a letter requesting my refund of £140. I recieved a message from them asking me to call them, they are not budging and won't give me a refund a just refer to their t&c, going to proceed with my claim, they also added another £40 in charges this month.

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As someone once said here

 

If they want you to write - phone

If they want you to phone - write

 

YOU dictate the terms, not them.

 

That would be Bankfodder :lol::lol::lol: always makes me smile...

Status:

 

Halifax - DPA sent 03/03/06.

Prelim Letter - Sent 27/03/06 ignored.

LBA sent 10/04/06 - Ignored

Moneyclaim filed - 26.04.06

Acknowledgement received 3rd May. Halifax state they intend to defend.

Halifax Settled in Full - 17 May 2006

 

If you've found this post helpful, I would be grateful if you could click on the 'Scales of Justice' button in the top right corner of this post.

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They didn't say that they were goig to roll over and die at the first go. They will still try to face you out, so you have to go in heavy - as with all of the banks

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Guest Alison82

Hi, I haven't issued a claim yet just sent the refund letter, I will be making a claim after the 31st when i get paid. Where can I find this info on this statement? do you think it may be a good idea to enclose this to remind them of what they said?

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Not on a thread yet (sorry ,Waiting for Action from the bad guys :twisted: )

Received a letter from Lee Powell after an initial letter ref 2 cards.

 

LONG LETTER FOLLOWS

 

Thank you for taking the time to write to us about the charges we've added to your accounts.I understand you feel these are punitive in nature and unfair.I'm sorry for any upset we've caused and I'd like to explain why we've added them.

In your credit agreements, which you signed before we opened your accounts, you agreed to pay our fees.To explain, we add an overlimit fee of £20, if your account goes over you agreed credit limit. Anda late payment fee of £20 if your payment is late.

I understand you believe these charges are unfair, and the Office of Fair Trading has investigated this.However, our fees are in line with the fees that other banks and financial institutions charge.

I can see you have a VISA account and a MasterCard account.Looking at your MasterCard account, we needed a payment to reach your account on 23 February and because we didn't receive one,we would have automatically added a late payment charge.However, to avoid this charge I've cleared the payment we needed, so we wouldn't charge you.Unfortunately,because you've spent over your agreed credit limit by £2.78, we've added on an overlimit fee.But to help,I've refunded this as a gesture of goodwill.You'll see this refund on your 28 February statement.Because your account is overlimit, please make a payment straight away to avoid furthur charges.

Looking at your VISA account, I can see you haven't paid your payments on time and haven't paid enough to bring your account up to date.Because of this, we've automatically added the charges to your account each month.

You may want to consider setting up blah blah blah

 

I'm afraid we won't refund all the charges we've added because they are correct.However ,as a gesture of goodwill,I've refunded one late payment and one overlimit charge totalling £40. You'll see this ammount on your 5 March statement.

Blafh blah blah

 

 

:D 1 They agree they they have upset me

Signed up? FAQ's

In line Does not mean legal

automatically no manual intervention,computer

£2.78 GOODWILL?

 

 

Urm

 

 

 

 

:idea:

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Guest Alison82

Your lucky you even got a letter they didn't bother to send me one! but they said more or less the same thing on the phone.

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The post you refer to does say that the info is not verified, and also that EVERY CLAIM will be paid.

 

quote]

 

My mistake; clearly, a letter claiming refunds is not A Claim. I promise to study the terminology. A lot to learn on here.

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  • 3 weeks later...
Guest Alison82

Got a call yesterday from Capital One (they have been trying to call me all week but I kept missing their calls) the woman asked me what is going on with my account as it is over the limit and my last payment was not enough to cover it, I told her I was aware of that and I am making a claim regarding these unlawful charges that have taken me over the limit. She told me that my account is due to be defaulted I told her that if they did file a default it would only have to be removed as it is caused as a consequence of their unlawful behaviour. She kept on referring to the t&c and basically tying to discourage me; she then asked me if this had anything to do with what is in the news at the moment; I told her it was but I had begun this claim before the recent news. She told me I would not be able to get a refund or the default a taken off; I then explained briefly about the excessive charges and that I would not be taking her word for it and I would be letting the courts decide.

 

What a cheek; she assumed that just because she said so I would just give up! I'm now going to fax them a letter to remind them of the banking code and my intentions and I will be making a claim asap!

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Suggest you put in writing a brief explanation of why you are not intending to bring your account any more up to date than at present (with reference to the telephone call you received). State that you feel it is only due to the application of excessive, unfair, and unlawful charges that you find your account is in the state that it currently is. As you are currently pursuing a complaint and claim for refund that may well result in legal action against capital one you have been advised to suspend all activity on the account until the matter has been resolved to your satisfaction.

 

Emphasise that if, in the light of this Capital One persist with their threats to close the account, or indeed do register a default as a result, you will claim retrospectively with the Court for removal of this default. Furthermore you will lodge a complaint with the OFT siting Capital One's retaliatory behaviour in this instance as "unfair" in regards the 1999 UTCCRs.

 

See how the bandits respond to that...

"BA Group. The World's favourite CA Group"

 

HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.

BARCLAYS settled in full 2 days prior to submission of defence by Barclays

CAP ONE settled in full on day 14 of LBA (£210)

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  • 2 weeks later...
Guest Alison82

Thank you for taking the time to write to us about the

 

Capital one have just replied to my second Letter before Action, here are a few interesting points Robert Udy wrote.

 

 

 

"To explain, we automatically add late payment fees if your payment is missed, arrives late or isn't enough to cover your minimum payment. We'll add over limit fees if your balance goes over your agreed credit limit which is £xxx.

 

When we opened your account, on 17 May 2005, we sent you a credit card agreement which stated these fees. By signing and returning this to us, you agreed to the terms and conditions for the account.

 

Our fees are in line with other banks and financial institutions and as you are probably aware the OFT are not challenging the right of Banks to charge default fees, but merely the level of those fees. We disagree with OFT's analysis and believe that our current fees are both fair and legal. However as a matter of good will, I've refunded two back to you account. You'll see a refund of £40 on your next statement which we will send you on 8 May.

 

(Brief info details of my account here)

 

Please accept my apologies for the inconvenice this has caused and I'm sure we'll be able to put this experience behind us."

 

 

 

They have blatant admitted the fact that they are applied automatically and the fact they are just following suit from other banks. I'm sure he would live to but this experience behind us but you can't get rid of me that easily, I'm drafting a letter to send back to him!! any suggestions of how to word this?!

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Alison.. suggest you got to moneyclaim right now and file in full..

 

after that, you might want to PM the mods and ask them to change the title of your thread to "Watch Capital One Budge"

 

Best!

"BA Group. The World's favourite CA Group"

 

HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.

BARCLAYS settled in full 2 days prior to submission of defence by Barclays

CAP ONE settled in full on day 14 of LBA (£210)

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  • 1 month later...
Guest Alison82

Hi everyone,

 

Capital one has acknowledged and have now sent me a settlement form but the have previously refunded 2 amounts of £40 and £75 off of the total but then they have added a further 2 £20 charges! They want to offer me £101 plus the £30 court fee but due to their additional charges they should be refunding me £141 plus £30. I am going to send them the following letter:

-----------------------------------------

 

Thank you for your letter dated 19th May 2006 along with the settlement form. I can see that you have refunded 2 amounts of £40 on 18th April 2006 and £75 on the 8th May 2006. I can also see that you have added a further 2 charges onto my account of £20 each on the 28th April and 4th May 2006. I suspect that a further 2 charges are due to hit my account around 26th May and another one around 5th June 2006.

 

£216 Charges + £30 Court fee = £246

 

£40 Refunded

£75 Refunded

 

£20 Over limit Fee

£20 Late Payment Fee

 

£141 Left to refund plus court fee of £30. Total £171

 

If you wish to settle before court then a refund of £171 is to be refunded and a written guarantee that you will not be adding these further 2 charges to my account at the end of May and beginning of June 2006.

 

Once this matter is resolved I shall be conducting my account within its credit limit and will require my due date to be changed to 10th of every month to allow me time for my payments to reach you before the due date. This is not how I wished to conduct my account it was merely as an oversight on my part for 1 month which you then continually applied charges that I found it very difficult to repay which is why I choose to go down this route.

 

Please note that I am not signing this current settlement form. If you are not willing to accept my request then I shall continue to wait for your defence (Thursday 8th June 2006) and submit my questionnaire to wait for a suitable court date.

 

Yours Faithfully

Alison

--------------------------

 

 

Is this ok?

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Don't really know why you are making it all so complicated. Just ring up Capital One and ask to speak to the ERC - they will be handling your claim.

 

Point out that you received the settlement offer which you would be happy to agree to in full and final resolution of the matter - however you have noticed that subsequent to the offer two additional charges have been added to the account. Ask them to refund those charges immediately (I am confident they will do this) and state that you will return the settlement form for £131 when you have checked your account online and can confirm the £40 refund has been applied.

 

You will not get charged an addditional £40 at the end of the month following these refunds - don't assume what has not occurred yet - it unneccessarily complicates matters.

 

They will apply the £40 to your account then you can post the £131 settlement reply. Simple. End of. You are making additional hassle for yourself - when you have effectively won and the only thing holding you back is an admin error on behalf of Capital One that I am sure will be resolved following a five minute phone conversation this PM.

"BA Group. The World's favourite CA Group"

 

HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.

BARCLAYS settled in full 2 days prior to submission of defence by Barclays

CAP ONE settled in full on day 14 of LBA (£210)

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  • 2 weeks later...
Guest Alison82

I have now recived a full refund of 246 plus the additiona 2 charges that were put on! Very pleased now my account is back below its limit.

 

A good person to write to is:

 

Angela Wilson,

Executive Office

Capital One Bank (Europe) plc

PO Box 5283

Nottingham

NG2 3YG

 

Direct Office Line: 0115 843 6263

 

Good Luck :)

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Thanks for the contact info alison, very useful indeed:)

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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Nice to hear you got your money back Alison.

 

I need to claim £515 for late payment fees over the past 6 years but dont know how much interest to apply, also do i need to send a list of dates & charges im claiming for to Capital One ? thanks.

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Guest Alison82

Use the spreadsheet to put all of your charges in and the dates, it helps for your reference too

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Nice and tidy!

 

was it as expected - a five minute telephone conversation?...;)

"BA Group. The World's favourite CA Group"

 

HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.

BARCLAYS settled in full 2 days prior to submission of defence by Barclays

CAP ONE settled in full on day 14 of LBA (£210)

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Guest Alison82

I ended up having to send the letter, I called them but no one knew which dept was handling it and they didn't understand what was going on, but Angelina Wilson had refunded the 2 new charges any way as our letters crossed in the post. Just got to inform the courts now. It took long enough but I’m so glad I done it, plenty more to go though!

 

Thanks for all of you help Don Quioxte :)

 

Clayton, just list all of your charges and date them you can even do it on ms works (or by hand, but that won't look very professional) I think you do need to include it though

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