Cap 1 reclaim advice

[Smudge052]

Hi all.

 

I was wondering if there's a wise owl around who could help me out cos I'm a CAGGER novice.

 

I'm about to reclaim charges back from the devils dangleberries that are Crap1. I've already got the statements back from them and am about to send the initial reclaim letter.

 

The question I've got is whether I can claim back further than the 6 yrs I've heard I can claim for? They've sent statements going back to the time I took out the card in 2001 but I only started the claim in March 09.

 

This site is awesome btw!!

 

Cheers guys

 

Carlos

[havinastella]

Hi Carlos and Welcome.

 

I would claim back ALL charges, when you issue the court papers there is a standard paragraph you can enter for charges older than 6 years.

 

Jogs

[Smudge052]

Crikey that was swift !

 

Thanks for that Jogs. I take it it's something I can get from here when the need arises?

 

I've got somewhere in the region of 1650 quid to reclaim and I've just been made redundant so didn't really want to ar5e up the first claim and lose time. I know what the sheisters are like from other people's threads!

 

I don't suppose you know how I go about taking refunds off? They gave me a 112.50 "good will gesture", and cos I'm claiming compound interest as well I take it I just work out what 112.50 + 8% interest is from the day it was given and take it off the final total?

 

Thanks again

 

Carlos

[Smudge052]

Prelim letter sent to Cap1 yesterday. Let the games begin.....

 

Will keep any progress posted here.

 

Carlos

[m16mae]

Hi Smudge,

 

Expect to wait up to 21days for a response from them. The letters they send back are dated within the 14 day period you'd normally give them to reply but their mail takes 7days to arrive which disgusts me. In my claim their first response was to give the difference between the £20 charges and the £12 charges predated 2006, then upon me refusing, they wrote back offering roughly half my claim, and i'm expecting another reply to my rejection any day now. D1cky wrote a thread mentioning claiming both the 8% interest and the standard interest they charge 26%ish ??? It's recent so have a look for it. Well worth looking into. I'm doing the same when i get chance depending on Crap1's response. Due to the charges being unfair/illegal im asking for late payment markers removing from my credit file etc but we'll see how that goes. Take a look at Office of Fair tradings website - PDF - Calculating Fair Default Charges in Credit Card Contracts. It's worth a read and would be a massive help if ever went to court. Just write the key words in the search box at the top of the page.

[Smudge052]

Thanks for the advice m16mae.

 

It figures that they'll be late, as the statements came about a wk after they were supposed to arrive.

I wasn't expecting them to fall over and pay up the reddies straight away, but its always a help to know what kind of offers they'll make so thanks for that. As for the interest, I was going to apply the cap1 rate but couldn't find a template I could access. (only found the 8% one)

I'll take a look at d1cky's thread and the OFT website.

 

Cheers and best of British with your claim.

[m16mae]

Hi smudge,

Got home a few hours after my last message to find a letter from Cap1 saying they wouldn't increase on their offer. Payday on Wednesday so will be filing a court claim. I'll let you know how it goes.

[Smudge052]

Thanks m16, good luck with it. Know how much it is by any chance? One more question, is your account still active? Mine is, so i'm waiting for them to call in the balance (circa £200) any time soon and was wondering if that's standard practise when you put in a claim.

[m16mae]

Hi Smudge,

 

My claims about £1000 and they've offered half. Think going to court costs £75 if it's just money you want but i'm after payment markers removed so it's going to cost around £150. My account's still active but i think the terms of their offer of part refund was that it would minus from the balance.

[Smudge052]

Yeah its just the cash i'm after. I reckon my credit rating is so shocking from past abuse (not helped in the slightest by cyclical extortionate charges) a few yrs ago that trying to remove markers would only prove to be a drop in the ocean!

Its good to know that they shouldn't foreclose the account before this is resolved if your case is an indication.

 

Cheers and good luck with getting the markers deleted, I assume its for a mortgage or loan

[m16mae]

Yep,

Looking for a mortgage in November so have a good incentive to argue the toss about it with Cap1 and others. Cap1 shouldn't be allowed to shut accounts just because of disputes anyway, i dont think it's commonplace for them to do it.

[Smudge052]

Just got an offer of less than 300 quid (out of £1000+) with £20 to cover 6 yrs interest!

 

Seems like the template letter most people receive stating charges are fair, OFT hasn't challenged the right to default charge accounts etc etc.

 

Will send the rejection letter/LBA and see what happens.

[m16mae]

Hi Smudge, I filed my court claim. They have til 17th to defend / accept etc. It's deemed served as of today. Issue a final LBA and they'll probably say we aren't upping our offer, or they'll go halves with you, then go to court. Or wait 14days and i'll let you know how they react to mine and go from there. I've told them my account is in dispute and won't be paying any more money until they settle in court. They owe me more than is outstanding on my current balance.

[Smudge052]

Cheers m16.

 

It must be good to know that the ball's rolling properly now. To be honest i'll have to grit my teeth to decline half, but there's no point in stopping now. By the time I get a reply to an LBA you may have got your claim sorted, so i'd love to know what happened.

I dunno if you watch the simpsons but I'm the lionel hutz of uk law processes! Any advice you could give me would be appreciated when the time comes.

 

Smudge

[m16mae]

You just have to think what £500 will buy you and what you can get with the whole £1000 when they settle properly. Does your £1000 include the interest at 26% My claim doubled when i added the interest. Cap1 are going to be paying for me a holiday to Cyprus at the end of the year when my claim goes through. I say they're paying, it's my money they've got. I'm on a holiday from sunday onwards but hopefully i'll have some news on my return. I'll keep you informed.

[Smudge052]

Just sent the 1st (and only) LBA off to cap1. Told them to pay up the charges plus 8% interest within 2 weeks or i'll take them to court and add 19.5% comp int. Like you said m16, it doubles the total and more so i'm not bothered which way things go. Threats/settlement offers probably won't get me an inch but may as well try once as the amount is just shy of 4 grand with comp interest added.

If capital one are paying for your holiday the least they deserve is a postcard then!

[maroondevo52]

Hi,

 

Just to say, I know of one Cap 1 claim that was paid in full today, after they received the court papers

 

Regards.

 

Scott.

[the_shadow]

Post Deleted

Edited June 13, 2009 by the_shadow

[Smudge052]

Thanks for the heads up Scott, hopefully its an indication of things to come.

 

Rgds

 

Smudge

[m16mae]

Hi Smudge,

 

Been on holiday so sorry for the slight delay.

Cap1 defended the claim and within a week offered a refund of all charges, 8% interest & court costs. They said they'd only refund £37 of contractual interest as of the unlawful charges they add to my account, they charge interest on default fee's at the product purchase rate, so this interest is paid of first. Think they're taking the mick because they know this pushes cash transactions etc to the back of the queue and a customer will be paying a higher rate on these. They also said they were instructing the court they'd paid in full. I rang the court yesterday to say they hadn't. Keep persisting - and keep asking for a full breakdown of what it costs them when a customer goes overlimit / pays late. Seems to be getting me everywhere with them.

[Smudge052]

Hi M16.

 

Cheers for letting me know, and for the letter template, i'm sure it'll come in handy. I'm not at the court stage yet, because they haven't replied to the LBA, but should be within 1-2 weeks. It looks like you've got them running now so good luck with the rest of the contractual int. I'd heard they were trying to avoid paying that by using purchase rate, but even if thats the case then i assume its still compound and still shed loads more than £37.

 

What've they said about marker removal? I know that was high on your list.

[m16mae]

Hi Smudge. I'm getting interest at 8%, it's over £100. I wanted it at 26% too. I'm only making a fuss because it's a matter of principles to be honest. The more they lie and cheat the more i'm determined to claim back. They never mentioned the markers being removed but i made a point about it in my response

Edited June 18, 2009 by m16mae

[m16mae]

Hi Smudge,

How are you getting on?

[Smudge052]

Hi m16.

 

Ta for asking. I've been pretty ill recently so couldn't deal with it, but there's been a bit of progress, or more to the point lack of. I got a reply to the LBA stating they wouldn't raise their offer of less than £300. I'm starting to weave my hapless way through the N1 form today to get the case going fwd. Any much needed advice??

Any luck with your 26% and marker removal btw?

 

Cheers, smudge

[m16mae]

I filed my N1 in court and they offered a full refund except for the 26% interest. Off their own back they eventually refunded my outstanding balance but pratted about adding charges for allsorts of unknown things then issued the refund, they want to claim that they've refunded an extra £200 that they havent. They entered a pretty pathetic defence and i filed my allocation questionnaire yesterday, so hopefully a court date will come soon. Ellie keeps sending me letters confirming they've settled in full and are glad that the matter is resolved and i just today sent her one back telling her i'll see her in court. They're trying to play games but the court aren't taking any notice of Cap1 and neither am I.

 

Keep asking for a breakdown of their costs incurred whenever you are late paying or overlimit. They won't send me a breakdown and without it in court i cannot see them having a leg to stand on.

 

Also their arguement about the 26% rate of interest is wrong. They say they only charge a purchase interest rate which is around 24% however when i last paid late, the default charge notice said after 28days they'd charge at 29%. I'll be showing that in court too. They just keep digging deeper holes.

 

Best advice i could give you: File your N1 quickly, don't just say the charge is unfair as per the UTCCR 1999, actually state the section of it. And make note of the letter i sent you with the statement from 2006office of fair trading. Cap1 comply almost immediately and depending how much money you're after, you'll have a healthy wad of cash in your wallet within a month.

PS- My cheque from them only took 1 week to arrive.

PPS - They have repeatedly ignored my request to remove markers from my credit file. Saving that for court.