captial one charges, please help me

[lauraM1]

hello all

 

I have a capital one credit card with a limit of £200. a while ago i used it to buy something from ebay and it sent me just over my limit without me realising it. when i got my bank statement last month it said i had to pay my min payment of £10 (i normally pay this anyway by standing order) and then a further payment of £1.89 to bring me back within my limit. i did this and thought that was it.

the ive received this month's statement and theres been over limit charges added on, interest etc and its now pushed me over the limit by nearly £29. i can only afford to make my normal min payment of £10 this month, so it leaves £19 outstanding over the limit and more charges are added on. i rang Capital One and explained to them that im a single parent and didnt know all these charges were added on after i had cleared the over limit amount last month, she said there nothing they can do and until i clear the over limit amount, il simply be getting more charges etc.

 

I dont even really want the card to be honest, is there some kind of letter i can send explaining that as a single parent i cant pay these extra charges and il continue to pay £10 a month if they can stop charges/interest etc, else what im paying is never enough and its going to keep going up and up.

 

its really stressing me out, as i have other creditors too from years ago, but i havce them all on payment plans and they stop the interest.

 

laura

[spamheed]

Capital One are not allowed to simply add their charges unless they are stipulated in the agreement and are indicative of the actual costs incurred by Capital one.

 

in other words, if they are charging you £12 for going over your limit, then they will have to justify that it actually costs them this much, as they cannot or will not justify this then they must remove the charges, unfortunately it can take a court case to make them remove them, or pay you back these punitive charges

 

If you have your statements for the periods they have added these charges, then you should go to the section of CAG specifically for the claiming back of charges and use the interest calculator to work out how much interest they have charged you and how much you should claim back.

 

 

[lauraM1]

i think i have been charged this a few times in the past year, ive never read too much into it as i assumed it was natural as it was me that had gone over my limit.

 

but for now, is there something i can send them to advise them of finanical hardship and asking to stop interest and charges?

 

laura

[spamheed]

You can send them the following letter, after ammending it as required

[your address]

[their address]

[date]

Request for repayment of charges

Dear Sir/Madam,

ACCOUNT NUMBER: xxxxxxxxx

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

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits 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 £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX . I enclose a schedule of the charges which I am claiming with this letter.

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

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.

ADD THE FOLLOWING IF RELEVANT:

In considering this request for repayment, your attention is drawn to the Press Release issued by the FSA on 27th July, which states:

"Consumers who are in very difficult financial circumstances - 'hardship cases'

Banks and building societies will have to conduct a filtering process to ensure that cases of genuine hardship are still dealt with during the waiver period. Cases of hardship would still be entitled to be referred to, and dealt with by, the FOS."

I believe that my personal circumstances fall within this category because....... [add whatever you think relevant]

Yours faithfully,

[name]

[loobyloo35]

sub

[nish40]

My Crapital One card has a £200 limit and was £189 used on it.

The last time i had used it was Sept 08, but apparently the £15 i used then (in the offy lol) took it to 37p over the limit, i paid £20 on the card in Oct 08, and £30 on it in Dec 08.

I got a statement in Jan 09 stating it was over the 200 limit by £34.

I rang asked how they worked it out and they said i used the card for cash when the balance was £189 withdrew £10 and then charges for cash were added, as it went over the limit, they then added O/L fee, as i queried as i had not used the card in Dec 08 at all, they then put a late payment fee on, as i refused to pay till i had spoken to the fraud squad to see if there was a fault or there was fraud. The snotty operator from india would not put me through, just kept asking for payment.

Its now about £260 owing with more charges.

Phoning my work on a daily basis, i got into trouble.

I have just CCAd them, and told them i will look at going for compensation for the calling work, and unfair treatment

[loobyloo35]

What annoys me is that they add the interest which then puts you over your imit and then they have the cheek to add overpayment charges! I feel a snot o gram letter coming onto Crap One!

[nish40]

What annoys me is that they add the interest which then puts you over your imit and then they have the cheek to add overpayment charges! I feel a snot o gram letter coming onto Crap One!

Thats how mine started

[loobyloo35]

Ditto LOL!

[lauraM1]

yeah thats what annoyed me the most, yeah i put it over the limit, but i paid the amount it was over by, but its all their interest and charges that have put me BACK over the limit and now im stressing, il try that letter that someone kindly put on there and see if it helps, its just ridiculous the amount they keep putting on and im not even using the card !

 

laura

[volvo]

sub

[willtheywontthey]

now on the topic of the 'accepted' 12 pound charge from all these credit card companies............

 

some charge 12 pounds for bening late and others call it something else... some even charge the 12 pounds twice!

 

The FOS will ignore any claim it appears (is that correct?) so can anybody clarify if we can still:

 

a. claim the money back (how and what to do when they refuse?!)

b. how does the 12 pounds affect a default or threat of default?

 

Am I right in assuming court is only way 'out' on this issue (N1 or something??) if credit card company refuses to re-imburse?