angmarie v Cap1

[angmarie]

OK, Thank you

 

 

I have also had lots of £12 charges from Capital One, do you just write and ask them to consider refunding charges, im really not sure why they would refund them. Whilst im in this frame of mind shall i ask them to refund the huge interest fee's as well.

[PGH7447]

read this

 

Step By Step Guide - Consumer Wiki

[angmarie]

Thank you for your help, i have written and asked for last 18 months statements from them so i can work out how much interest and charges i have already paid. Hope i can claim some if not all back.

[PGH7447]

you can go back to when the account was opened or 6 years

[angmarie]

How do u prove charges were over the top tho?

[PGH7447]

any charge listed is over the top

[angmarie]

Hi oh gosh, they have responded to my request for last 18 months statements and they have responded by sending out their in house solicitors letter asking me to contact them urgently. Im feeling quite strong at moment so am fired up to contact capital one first on Mon, as far as i am aware we have already agreed a very fair repayment plan so they have only called up solicitors on receipt of my letter requesting past statements. Im really prepared to hold out untill they listen to me properly we have 2 see what happens tho. Luckily due to this site im not to scared at the moment.

[PGH7447]

they must be in a panic then, there is no need to contact them, you made a lawful request they supplied the data, now look for any charges and add them up and add 8% interest and demand them back

[paulwlton]

Why not send a CCA request - a lot of cap 1 agreements appear to be unenforceable.

[angmarie]

Hi, what is a CCA request please, i contacted them this morn (unbelievable) they said im not entitled to request my information they hold bout my account. I told her not to be silly and let me speak to some one who knows wat im talking about. She put me on hold while i had my breakfast, then said £3 per statement is required fee when i told her i know that fee is £10 for as many as i require she backed tracked and said they be in post. Hubby called about his but got no where they said he not entitled to see his information and they are persueing further action even tho he paying £50 a week. What's best way to deal with cap one now.

[PGH7447]

A cca request makes them send you the agreement that you signed, it costs £1 and should be sent recorded delivery and do not sign it, I will post up a template later

[angmarie]

That would be very helpful, thank you for your response im getting all confused and muddled but hopefully can work it all out. They deffo not keen to send any info you request.

[PGH7447]

send this edited to suit

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of my credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you

it costs £1 send it recorded and do not sign

[ukaviator]

As mentioned in the previous post, don't sign anything. You can use a digital signature if they ask for one.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/110578-digital-signature-guide.html

[angmarie]

I will send letter tomorrow but they not keen on sending me anything without I/E form do i have to go down this route in order to get info i require please. I am in dispute with cap one and mbna at moment i am still making payments but interest and charges have put my account over limit. They seem to like playing game on their terms but are they following correct procedure.

[PGH7447]

No a cca is a lawful request that they HAVE to acknowledge, if within 12+2 days they have not responded then the account goes into dispute and they can rant has much as they like, until they submit the agreement they are stuffed

[angmarie]

Hi, Thanks for all your help PGH i have written requesting CCA today enclosed cheque for £1.00 and hope for the best. With my luck they prob produce original signed document but im fairly confident that they wont.

[PGH7447]

keep us posted

[angmarie]

Hi, received all statements today even though they said only 12 months so thats good. Have not had CCA from them yet. I have not added it all up yet but at a glance is going to be few hundred pounds. Can you give me some guidance do i just add charges and interest for each month and then write again to say it was charges that pushed my account over the limit. Sorry to be a pain but now i have them im unsure how to approach them about charges/interest.

[PGH7447]

there is a spreadsheet in the library that does it for you

[angmarie]

In the library ermmm sorry im fairly new user where can i find library on this site.

[PGH7447]

Spreadsheets - Consumer Wiki

[angmarie]

keep us posted

 

Hi PGH, it is 14 days tomorrow and have not heard peep from capone.

 

How long shall I leave it before I send follow up letter. I messed my request for payment up as I included monthly interest charges as well as penalties. Not that they have acknowledged request anyway. By the way im still paying them shall I continue with payments.

 

 

Ang

[PGH7447]

if nothing comes in tomorrows post send the account in dispute letter and cancel the payments

 

http://www.consumerwiki.co.uk/index.php/DCA:_Non-Compliance_of_CCA_Request

[angmarie]

Hi PGH

 

Once again Ty for your time, I really hope that in time I can give something back to this site. I will work from template letter and send off in next couple of days. Hope everything is good with you

 

 

 

Ang