Cap One Card-Need a little info

[DDWales]

Hi all.

I had a Cap One Card some time back but all paid off and above board.

I am currently in the process of reclaiming all my CC charges and have already been successful with Barclaycard. My problem is that i have no documents/info relating to my ex account so obviously cannot claim without. Phoned Cap One who must have realised what i was up to and said that there was nothing they could do-no surprise there then!

From reading the threads am i correct in sending off for DPA stuff which would supply me with these details? I believe the address below is correct? And also send the £10 fee? Much appreciated

 

Data Protection Act request address

 

Legal Compliance Specialist

Capital One Bank (Europe) plc

Trent House

Station street

Nottingham

NG2 3HX

[skintboy69]

Hi DD.

 

Send them the 'Subject Access Request' letter. You will find it in the template library. (sorry, can't do links). The address looks fine.

 

There is a £10.00 fee but you can claim that back as well if there are charges on your account.

 

They have 40 working days to comply with your request and they will undoubtedly take every one of them.

 

To get all your charges + interest, you will probably have to issue a claim against them but they will pay up before it actually gets to court.

 

Good luck.

 

T.

[havinastella]

How old is the account?

 

The records of the account should be kept for 6 years after the closure of said account.

 

Jogs

[DDWales]

How old is the account?

 

The records of the account should be kept for 6 years after the closure of said account.

 

Jogs

 

I think its 2003/04. Worth a go?

[DDWales]

Hi DD.

 

Send them the 'Subject Access Request' letter. You will find it in the template library. (sorry, can't do links). The address looks fine.

 

There is a £10.00 fee but you can claim that back as well if there are charges on your account.

 

They have 40 working days to comply with your request and they will undoubtedly take every one of them.

 

To get all your charges + interest, you will probably have to issue a claim against them but they will pay up before it actually gets to court.

 

Good luck.

 

T.

 

Cheers SB69 but as i dont have the account number i thought id have to go through the DPA first in order to get his then send the SAR?

[maroondevo52]

I think its 2003/04. Worth a go?

 

Deffo, makes no odds if the accounts closed or not, they still have to comply,

 

Regards.

 

Scott.

[DDWales]

Deffo, makes no odds if the accounts closed or not, they still have to comply,

 

Regards.

 

Scott.

 

Will do -im convinced theres charges. You never know... ;-)

Just to clarify though, I understand the reclaiming procedures Prelim-LBA etc but as i have no details regarding the account do i DPA at the address on Post 1 with the £10 fee?

[maroondevo52]

Yes, I would think so.

[DDWales]

Thats great. Will get on the case. Cheers

[DDWales]

Just another queiry!! A little confused. Just been on the DCA forum and saw a DPA template which also asks for bank statements. I was under the impression that you had to DPA first in order to get your account details and from that then SAR them? Am i right in stating that by DPA ing them you get the account details and all relevent bank statements so you can look for the charges? Thanks.

[maroondevo52]

Yes, both come under the same banner.

 

It's a Data Protecting Act Subject Access Request.

 

Regards.

 

Scott.

[DDWales]

Yes, both come under the same banner.

 

It's a Data Protecting Act Subject Access Request.

 

Regards.

 

Scott.

 

Thank you again. Will get this done soon and keep everyone posted.

[Guest Ebensmom]

Have you got any old bank statements which show payments to Cap One? If so, you will find that the "reference" used is your Cap One account number

[the_shadow]

A reference/account number isnt needed. The Data protection act is for all information a company processes/holds on you as an individual therefore as long as you state your name and address they should do the searching for a reference not you

 

S.

[DDWales]

Hi both and thanks for the comments Ebensmom- i have no documentation whatsoever regarding Cap 1 -but as the_shadow indicates that doesnt matter as they will have to supply all neccesary data anyway . All noted above-i wasnt sure if i could retrieve any data as i had no details but under the DPA thats fine.

I can recall having a number of charges on the account but paid off in full a while back so will be interested as to what will be thrown up under the DPA....

I am in the process of reclaiming charges from a number of banks. Just had a full refund off Barclaycard which wiped out the entire balance:cool: so thats them sorted, Natwest have just been SAR'd so Cap 1 are next on the list;-).

Its interesting when reclaiming to see how much you actually spend compared to how much is made up in charges. No wonder the banks are as greedy as they are!

[DDWales]

SAR sent off recorded in respect of old CC charges. On the RM Track and Trace was noted delivered from Nottingham Branch- but not signed for- on the 16th June 2010. Have already reclaimed and won CC charges from Barclays and Natwest so on to Cap 1. From what I have read on this forum so far it looks like some more fun and games!!

Edited July 3, 2010 by DDWales

[DDWales]

Just for info,- are Cap 1 likely to draw things out? Sharklays and Shatwest got on with the job reletively simply within a few weeks

[DDWales]

SAR back today. A few charges noted. Along with that theres the £10 DPA back too Quick question though. I note a 'annual fee' taken out. Can this be reclaimed also?

 

Cheers

[DDWales]

I have just had my DPA response back and am in the middle of a charges reclaim via a Cap 1 CC. I noticed that there's also an 'annual charge' on one of the statements. Can this be reclaimed also?

 

Cheers!

[DDWales]

Reply recieved from Cap 1 today. Not quite the palming off response I thought i'd get but just a 'were looking into things' reposte. They also humour by noting that things may take up to 31 days to 'investigate'. They've got 14......

[DDWales]

Update. Have recieved a reply from Cap 1 stating that as the charges are over 6 years old they cannnot be reclaimed under the Limitations Act 1980. Is this true or is it standard nonsense? Cheers

[maroondevo52]

Hi,

 

Asked the same question a while ago and got this reply................

 

You can claim back as far as you have statements. If they complain, cite s32 Limitations Act 1980

[letsdothis]

I got the sam BS from them.

 

I did a letter before action and added this paragraph.

 

I refer to default charges applied to my account amounting to £xxxx.xx, which I have requested you pay back. Some of these charges are over 6 years old, however s.32 Limitation Act 1980 allows me to reclaim these on the basis that I did not realise until recently, that the penalty charges levied against myself, were in fact unlawful.

 

 

So far no reply. They have a week left.

[DDWales]

Thanks MD52. SAR'd them a while back and had screen shots of various stages of the account, application form and closure of account letter back-no physical statements as such?? The screen shots indicated the fees charged which i now want to reclaim. Having a quick look around this forum it seems that the reply ive had is standard template stuff. If i can reclaim-and i want to push this as far as i can- are there any templates on this forum? Cant seem to find anything...

[DDWales]

I got the sam BS from them.

 

I did a letter before action and added this paragraph.

 

I refer to default charges applied to my account amounting to £xxxx.xx, which I have requested you pay back. Some of these charges are over 6 years old, however s.32 Limitation Act 1980 allows me to reclaim these on the basis that I did not realise until recently, that the penalty charges levied against myself, were in fact unlawful.

 

 

So far no reply. They have a week left.

 

 

Cheers. Will do that i think and see what happens. I can see that Cr@p 1 like to draw things out until court papers are sent to them. Sharklays and Sh@twest were much easier. They wont put me off though!!