Cap One Card-Need a little info

[letsdothis]

I managed to cheat the process with Cap One a little, they missed the rediculous low charges refund offer out on mine. They actually came in with over a grand for their first offer.

 

You won't get any where with them until the N1 has been issued judging by past cases on here. Their 14 days is over Thursday so let the fun and games begin. Bring it on.

 

Good luck.

[maroondevo52]

are there any templates on this forum? Cant seem to find anything...

 

There's a prelim and LBA here...............

 

 

Dear Sir or Madam,

 

Account number:

 

I am writing to request that you repay all the late payment fees and/or over limit fees that have been applied to my account.

 

I do not believe the charges reflect the true cost to [insert name of credit card provider] and are unfair and disproportionate. I am therefore requesting a refund based on the Unfair Terms in Consumer Contracts Regulations 1999.

 

This is supported by the Office of Fair Trading’s April 2006 statement into credit card charges, which noted that the level of charges at the time, and prior to that period, were unfair.

 

The charges total £[insert total charge], plus as I believe I have been unlawfully deprived of the money I have calculated £[insert total of interest] interest at the statutory rate, the amount the court will award.

 

I therefore ask that you repay me the full amount of [insert total of charges plus interest]. I have attached a full schedule of the charges and interest with this document.

 

 

I look forward to a full response to this letter within 14 days.

 

 

------------------------------------------------------------------------------------------------------------------------------

 

 

letter before action

 

 

Dear Sir/Madam,

 

CARD/ACCOUNT NUMBER: xxxxxxxxx

 

Further to my preliminary letter of xxxxx with regards to charges levied against the above account,I note you have failed to respond and show no intentions of refunding the charges.

 

As indicated previously,I consider that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations.

 

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.

 

Whilst I am mindful of the OFT investigation in 2006 of credit card fees,the OFT deemed that only a Court could determine the fairness of fees and so the £12 figure was only fixed as a guideline.

 

I make a further request that you refund to me £XXXXX plus £XXX which you have charged me in interest for the sums which you have taken. Total £XXXXX.

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.

 

I give you a further 14 days to comply,or else provide me with a full Breakdown of your costs in addressing any breach on my behalf,which demonstrate clearly that your charges are in proportion to your actual costs.

 

Failure to do so,will result in me issuing a county court claim for recovery of the charges plus section 69 interest and costs.

 

Yours faithfully,

[DDWales]

Update. Cap 1 have of course ignored my LBA so time for papers. Cant seem to find the correct link on CAG... The costs to issue are £25 correct?

[DDWales]

Anyone out there? Cap 1 are not budging so need to issue papers. Would appreciate a helping hand! Cheers.

[DDWales]

A bit confused also as the POC link in the stickies goes to the CAG Mag page.....

[Old Cogger]

Go into Libraries above, right hand side Bank Charges templates (consumer)look there?

[DDWales]

Thanks Mike. But it still takes me to the CAG Mag page.

 

Mods, is there a problem with the link? Is anyone else having difficulties?

[silverfox1961]

Is this what you are looking for?

 

http://www.consumeractiongroup.co.uk/forum/content.php?561-Credit-Card-Charges.-POC-for-N1.

[DDWales]

Thats the one. Cheers Silverfox.

[DDWales]

I am in the process of reclaiming CCd charges from Cap 1. After issuing an LBA they have responded with the fact that I cannot reclaim under the Statute of Limitations Act as the charges are over 6 years ago. Is this true? I understand that these guys like to play hardball and only act when court papers are issued!

 

Cheers

[Bazooka Boo]

Anything over six years then yes I am inclined to agree with them......but anything UP to that time then no, they should cough up...

[silverfox1961]

Just nicked this from Scott

 

The limitation act 1980 is quite clear ( see section 32 ) that in cases of fraud, deliberate concealment or the consequences of a mistake the period of limitation does not begin to run until the Claimant has discovered the fraud, concealment or mistake or could with reasonable diligence have discovered it. Claimant's could not have been in the slightest bit aware that charges applied to their credit card accounts were either unlawful or unfair prior to the OFT publishing their report into credit card charges on April 5th 2006. Basically, until that time any Claimant could not reasonably have been expected to have discovered the credit card companies deliberate concealment etc.

Claimants would therefore be fully justified in arguing that the period of limitation did not commence on this matter until April 2006, so you may argue that you have until April 2012 to make a claim in respect of ALL the unlawful / unfair charges applied to your account since that account was opened with the credit card company.

[Sand-Dancer0191]

I second that silverfox

Claims for mis-selling come under the exclusions for: "mistakes, concealment and fraud" s.32 limitation act 1980.

[the_shadow]

Please ensure you quote Kleinwort Benson -v- Lincoln City Council & Others its gives case law for going beyond the 6 years.

 

S.

[Bazooka Boo]

Everyday is a school day!

[the_shadow]

Everyday is a school day!

 

Its the day we stop learning things that you have to worry about mate.

 

S.

[Sand-Dancer0191]

Wow bril ref shadow...I'll bookmark that one

[the_shadow]

Heres the link to bookmark http://www.publications.parliament.uk/pa/ld199798/ldjudgmt/jd981029/klein01.htm

 

S.

[DDWales]

Cheers all. Brilliant as always.

I thought there would be something I could do! Im at the MCOL stage with them so wanted to make sure before proceeding. Would appreciate one of you to give my claim a once over before submitting when ready!?

[bustthematrix]

Heres the link to bookmark http://www.publications.parliament.uk/pa/ld199798/ldjudgmt/jd981029/klein01.htm

S.

Great link Shadow - very useful indeed!

 

I'd like to know what you and the others think in relation to the findings here

 

Compound interest is payable in restitution - http://business.timesonline.co.uk/tol/business/law/reports/article2133988.ece

 

Specifically, how does it impact on the debate relating to reclaiming penalty charges (credit card or otherwise) and claiming for Compound Contractual Interest as well as the usual Statutory?

[the_shadow]

Great link Shadow - very useful indeed!

 

I'd like to know what you and the others think in relation to the findings here

 

Compound interest is payable in restitution - http://business.timesonline.co.uk/tol/business/law/reports/article2133988.ece

 

Specifically, how does it impact on the debate relating to reclaiming penalty charges (credit card or otherwise) and claiming for Compound Contractual Interest as well as the usual Statutory?

 

You'll find sempra metals quoted quite a bit in the bank charges claims, its also been used to get compounded interest from credit card charges but the firms tend to fight all the way up to the court doors on compound interest whereas if you ask for simple you usually get without even having to file a bundle at court.

 

S.

[silverfox1961]

Sempra Link

 

http://www.publications.parliament.uk/pa/ld200607/ldjudgmt/jd070718/sempra-1.htm

[DDWales]

Interesting stuff guys- thanks as always!!! I'll shall be reading up and getting on the case with this very soon......

[Bazooka Boo]

Interesting stuff guys- thanks as always!!! I'll shall be reading up and getting on the case with this very soon......

 

Whilst your doing that, I'll go the offy and get the beer in!