Cap1 PENALTY charges + Default Claim **WON** and Default Removed !!!

[drob]

Several months ago i started the ball rolling to reclaim charges that Capital One had added to my account. I sent them a request for payment and then a letter before action, unfortunately due to unforseen circumstances i didn't get as far as issuing a county court claim.

 

1. If i want to start the ball rolling again would i have to start again and issue a request for payment and then another Letter Before Action?

 

2. Is it worth going down the F.O.S road rather than the county court?

[maroondevo52]

Hi, drob.

 

I'd file at Court, Cap1 paid out just last week after receiving court papers.

 

Regards.

 

Scott.

[drob]

On 29th June i sent a request to Capital One asking them to refund charges that they have levied from my account over the past 4 years.

 

Today i recieved a reply from Capital One stating that the signature i have provided does not match the signature on their records and under the Data Protection Act they cannot forward any information regarding my account.

 

They have asked me to send my request again, enclosing an example of my signature that matches their records.

 

• What has signature got to do with asking for a refund of charges?
  

• Should i ignore this letter and proceed with the Letter Before Action once the 14 days are up?
  

[cerberusalert]

Send the idiots this;

 

Dear Sir,

 

You have stipulated that you require proof of my identity/signature before you comply with my SAR, may I bring the following to your attention;

Data Protection Act Good Practice Notes:

 

2. Do you have enough information to be sure of the requester’s identity?

Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume that they are who they say they are.

 

Suffice to say that if the Information Commissioners Office are satisfied that if you have previously corresponded with me at this address then it is reasonable that I am the person I say I am, therefore there is no leglislation nor guidelines that you can hide behind in an attempt to avoid fullfilling my legal request.

 

If you still fail to comply to my legal request, I will have no other option than to complain to the Information Commissioners Office & if my complaint is upheld you will be liable to a £5000 fine.

 

Yours,

Print name do not sign.

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/checklist_for_handling_requests_for_personal_information.pdf

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=8861&d=1242456802

 

If they continue to play silly beggers make a complaint to the ICO

 

https://www.ico.gov.uk/Global/contact_us.aspx

[drob]

Hi cerberusalert ...... thanks for your prompt reply. I am not requesting a SAR. I have already received my SAR.

 

I am asking them to refund unfair charges, shall i just adapt your letter? I have already complained to the ICO as they sent my SAR to a third party before sending it to me!!!

[cerberusalert]

Just change the 'subject access request' to 'request for refund of charges'.

 

You can still complain to the ICO.

[drob]

Thanks cerberusalert ............. letter is in the post. I have also added to the letter that my timescales for Cap1 to respond to my request for a refund of charges remains the same.

[drob]

I am about to reclaim charges and ask for a default to be removed. Im ok with the POC but need help with the following ....

 

1) What do i put in Brief Details of Claim space?

2) What do i put in the Value space

3) How many copies of the POC do include with the N1

[Mr lex]

Hi Drob,

 

There is a full guide to filling in a Cap1 N1 here :-

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/120-zootscoot

 

It's towards the bottom of a quite a long list !!

 

You will need three copys of your N1 and SOC, one for the court, one for Cap1 and one the court will return to you.

 

Lex

[drob]

I have read the full guide, unfortunately it only deals with the POC.

 

On the first page of the N1 form their are 2 spaces for brief details for a)Brief Details of Claim b) Value of claim. Im unsure what to put in these spaces.

[Mr lex]

Morning Drob,

 

Brief Details of Claim

 

Money claim for return of Credit card charges and associated interest charges applied to the Claimants account by the Defendant. Removal of a Default.

 

Charges.

 

Charges £xxx.xx

Associated overdraft interest charges £xxx.xx

Interest under s.69 County Courts Act 1984 £xxx.xx

Court Fee £xx.xx

 

TOTAL £ xx.xx

 

Hope this helps,

 

Lex

Edited July 31, 2009 by Mr lex
Forgot about the default !!

[drob]

That's brilliant Mr Lex, thank you very much.

 

I understand that N1 is the route to take and not MCOL or FOS??

[Mr lex]

Yep Drob, N1 everytime

 

Some MCOL claims are getting stayed by some courts in the mistaken belief that they are bank charge claims.

 

We'll keep FOS in reserve

 

Lex

[drob]

Am i correct in thinking that i will need 3 copies of everything?

 

Do i give the 3 copies to the court when i go and pay ?

[Mr lex]

Thats right Drob,

 

Take all three copies to the court. One will go to Cap1, the court will keep one and you will get yours sent back with your case number on.

 

Lex

[drob]

Brilliant Mr Lex ...... I did receive a letter from Cap 1 this morning offering me £32 as a goodwill gesture. Not quite the £398 im claiming!!!

[Mr lex]

errmm, no, not quite. Not very good at 'sums' are they ?

[drob]

Just 1 more question Mr Lex. I have read that i should also be claiming for the £12 charges even though that Cap1 think that the £12 charges are proportionate

[Mr lex]

Thats right Drob,

 

Claim for the lot, it's up to them to prove whats a fair charge, which of caurse, they cant.

 

Lex

[drob]

Wherabouts do i put my little bit about removing the default in mt POC???

 

and

 

What are the daily interest rates??? The daily rate is worked out by Total Charges x 0.00022 is this correct??

Edited August 3, 2009 by drob

[drob]

I am about to submit a claim for £212 and i am a bit stuck when you come to calculate a daily rate until judgement

 

Total Charges x 0.00022 is this correct??

 

My claim is for £212.00 so is the following statement correct

 

(2) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of payment of the Charge to date in the sum of £46.29 and at the daily rate of 0.04% until judgment or sooner payment.

[surfaceagentx20]

I believe it should read:

 

(2) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of payment of the Charge to date in the sum of £46.29 and at the daily rate of £0.046 until judgment or sooner payment.

 

x20

[the_shadow]

Wherabouts do i put my little bit about removing the default in mt POC???

 

and

 

What are the daily interest rates??? The daily rate is worked out by Total Charges x 0.00022 is this correct??

 

At the end in the "claimant claims" section

 

eg:

 

Claimant claims:

 

 

 

(a) redress in the sum of £X,XXXX or whatever the Court deems just.

 

 

(b) Redress in the form of payment of the compounded contractual interest of £X,XXX in Restitution.

 

 

 

© Court fee: £85

 

 

(d) Removal of incorrect adverse account status data from third-party data controllers including, but not limited to, Experian, Equifax and Callcredit.

S.

[drob]

Court fee: £85 ???? I thought the court fee was only £30

[the_shadow]

Court fee: £85 ???? I thought the court fee was only £30

 

Depends on how much your claiming back from them, sorry should have XX'd out the amount :-D

 

S.