Me v's Capital One :o)

[jdonaldson]

Opps forgot to put letter in

 

Dear

 

I am in receipt of your letter of (date) and note its contents.

 

With regard to your offer of £176 I am prepared to accept this amount in partial payment of my claim but take note that I intend to pursue my claim for the remainder.

 

If it becomes necessary to commence legal proceedings then my claim at that time will include interest pursuant to statute and court costs.

 

I look forward to your reply.

 

Yours

[Bob Bluffield]

I am being harrassed to death (well almost) by Capital One as well as MBNA and had some freak on today from Capital saying that they can phone as much as they like and that the calls will continue until I pay off my arrears. I informed him of the law by which time he started calling me "Pal" I said he was no Pal of mine and "how dare he suggest he was". Anyway, the point is this ... these credit card companies seem to be blatantly breaking the laws with regards to harrassment all of the time and I wonder if anyone in the forum has ever taken legal action for this?

Best wishes

Bob

[tattietoo]

Hi All, I've just been reading through this thread and am totally appalled at the way Crap 1 are. I did have a problem with calls but Robert Udy put a stop to them when I insinuated I could go off my head and had had to sit in our tack room waiting until my husband came home from work as the calls were distressing me so much. So the calls have stopped so they can stop them with immediate effect. Good luck all...... T

[tattietoo]

Thinking more about it.... The staff of Crap 1 are one very strange bunch! How have they been brought up to deliberately go out of their way to cause fellow human being so much stress. Do they use bods in prison or something who have serious anger problems and we are used to destress them? I don't mean to be personal but I realy do find the attitude extraordinary............. T

[gargoil]

Are the people who call you on commision for collecting arrears payment!? I always assumed they were and that was the reason for there attitude?

[291050]

Hi

Who do I write to at Capital One requesting details of penalty charges made on my account and at what address.

Thanks

Mike

[Bob Bluffield]

Hi Mike

I have written to somebody called Katherine Blunt. I understand she is something called a Legal Compliance Specialist and she can be contacted at:

Capital One Bank (Europe) Ltd

Trent House

Station Road

Nottingham NG2 3HX

 

I wrote to her and sent the letter by "recorded delivery" on 10th August but have so far not had a reply.

 

Regards

Bob

[291050]

Thanks Bob

[jdonaldson]

Just got my letter through saying that their first offer of the difference of the £12 thing is their final offer, and are offering it again.

 

Just thinking, they have made full payouts to several people, with proof from this forum.

 

So how can they get away not doing this with everyone? I alreadly kinda know the answer, they wait until people ahve filled the court stuff to see if they are serious.

 

Think I might send the next letter, and add a question about why are they paying some people back in fulland not others, is this not blatent discrimination???

[jdonaldson]

I ahve read and reread about the interest being added only at court claim, but in the library letter fro LBA it says to insert the amount of interest :-s

 

So a bit confused if I should add the amount in there or not...

 

Any help out there would be fantastic

[keren29]

hi there - the interest on the LBA applies to bank charges rather than credit card ones.

 

For a credit card you can request the refund of over limit charges, late payment fees and any charges if a DD has bounced and they then charge you.

 

Add the 8% using the spreadsheet when you get to the court claim.

[jdonaldson]

Cool - thanks

 

So I just take out the bit in the letter from the library saying 'and interest at £xxx'

 

Even thoguh at present I am paying off £50 a month I am still getting over limit charges and late payment charges...

 

Been a long fight, but am getting there, got an initital offer that turning down - so we will see :-s

[barracad]

hi there - the interest on the LBA applies to bank charges rather than credit card ones.

 

Sorry but this is completely incorrect.

 

On your prelim and LBA letters you can claim the interest levied to your account which is directly applicable to charges (work this out using the advanced spreadsheet).

 

Only when you file a court claim can you add on the 8% interest.

 

(Unless you decide to claim contractual interest instead of 8% interest)

[jdonaldson]

Ahhhh....so there are 2 different kinds of interest that is added?

 

I so want to get this right!!

 

I am also wanting to add more to the LBA somthing like below but I don't want to do the wrong thing!

 

'I would also like to request an explanation of why you are repaying some of your customers and not others. As I am sure you are aware details of claims against you are available on the internet and details of when you made payments for these. It seems that you are discriminating against some customers and I would like to know the reasoning behind this. I would have thought that you would have had to deal with all customers equally and not pick and choose when you are going to repay.

 

At present I have been making regular monthly payments by DD of £50 but I am still being charged late payment and over limit charges and that added to the interest makes it totally pointless me making these repayments. I would like some sort of reassurance that my effort to make regular payments will be noted on the account.'

[jdonaldson]

Jsut sen in the FAQ (missed it before!) about the 0.00022 X the amount of your claim so that is the figure to use for the LBA intrest?

[jdonaldson]

(ok bad manners to do 3 posts of myself here I know)

 

But another question and then thats me - I want to put at the beginning of the LBA the following

 

'In response to your letter dated 25th August 2006 I will accept the refund offered of £168 as partial payment of my claim'

 

The launch into the regualr LBA?

 

btw I ahve sent the prelim letter :o)

[Michael Browne]

Jsut sen in the FAQ (missed it before!) about the 0.00022 X the amount of your claim so that is the figure to use for the LBA intrest?

 

No, this is to calculate the daily rate of interest that you can claim only when you have filed at court

[jdonaldson]

Really sorry - am probably being a bit dim here then...

 

In the LBA in the library the line is

 

'I calculate that you have taken £XXXXX. plus £XXX which you have charged me in interest for the sums which you have taken. Total £XXXXX

 

So what do I use to work out the interest for this LBA - or is it worng in the library that bits in it?

 

*very confused but very glad to have the help*

[barracad]

'I calculate that you have taken £XXXXX. plus £XXX which you have charged me in interest for the sums which you have taken. Total £XXXXX

 

So what do I use to work out the interest for this LBA - or is it worng in the library that bits in it?

 

On your prelim and LBA letters you can claim the interest levied to your account which is directly applicable to charges (work this out using the advanced spreadsheet).

 

..

[jdonaldson]

opps was being thick then

 

Cheers

[jdonaldson]

OK spent an hour reading spreadsheet stuff and asking husband to help but am totally lost now - am thinking of jsut not claiming it as I really have no idea about half of the excel sheet. I am generaly good with computer stuff but jstu hit a wall :s

 

I get the statement date and only putting in a single charge for each statemnt, ok with how much charge, balance etc, but don't know how I work out the interest for that date :s

 

If anyone could help me with this on here, or via private message would be great

 

Hate feling like I can't do stuff that others seems to be clear on!

[barracad]

The spreadsheet works it out for you - you just type in the charges and the interest you were charged in that particular month, as it shows on your statement, then the spreadsheet calculates how much of that interest is related to the charges.

[jdonaldson]

I officially give up - jsut tried again usung the spread sheet, and the capital one statments jsut don't seem to fit in with the colums

 

Just gonna do without the interest, can't waste anymore time trying to work it out making me feel to stupid and cross :'(

[jdonaldson]

OK hogging threads now

 

Will keep to this one for update!

 

Got letter on 25th Aug replying to the prelim letter offering the same £168 back to me - jsut got LBA done to post.

 

Add the follwoing onto the bottom - should be interesting to see if they bother replying it too

 

'I would also like to request an explanation of why you are repaying some of your customers and not others. As I am sure you are aware details of claims against you are available on the internet and details of at what stage you made payments for these. It seems that you are discriminating against some customers and I would like to know the reasoning behind this. I would have thought that you would have had to deal with all customers equally and not pick and choose when you are going to repay, and when.

 

At present I have been making regular monthly payments by DD of £50 but I am still being charged late payment and over limit charges and that added to the interest makes it totally pointless me making these repayments. I would like some sort of reassurance that my effort to make regular payments will be noted on the account.'

 

Thanks again for all the help people

[barracad]

To be honest it is not normally a huge amount, so if it is going to cause you a lot of hassle then perhaps best leave it