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Keyser Soze -v- Capital One


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Sent the DPA request letter with a cheque for £10 today.

 

I'm not sure how much they owe me but I reckon it's over £400.

 

I paid my bill in full last month just for the satisfaction of knowing that they'll have to send me a nice fat cheque :D

Capital One - S.A.R (Subject Access Request) letter sent 09/08/06

Statements Rec'd 21/09/06 - £974 in charges!

Request For Refund of Charges sent 21/09/06

Offer of £374 made by Cap One 29/09/06 - Rejected

LBA sent 05/10/06 - Same offer made by Cap One

Summons Issued 17/11/06

 

Halifax - S.A.R. - (Subject Access Request) letter sent Recorded Delivery 04/09/06 - Resent 02/10/06 because Royal Mail lost it!

Statements Rec'd 09/11/06 - £2,647 in charges!

Request For Refund of Charges sent 10/11/06

Offer of £562 made by Halifax 20/11/06 - Rejected

LBA sent 22/11/06

Summons Issued 01/12/06

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Just had a look at my statements online which show that there were charges of £140 just for the last 6 months!

 

I can't wait to see what my full statements say.

Capital One - S.A.R (Subject Access Request) letter sent 09/08/06

Statements Rec'd 21/09/06 - £974 in charges!

Request For Refund of Charges sent 21/09/06

Offer of £374 made by Cap One 29/09/06 - Rejected

LBA sent 05/10/06 - Same offer made by Cap One

Summons Issued 17/11/06

 

Halifax - S.A.R. - (Subject Access Request) letter sent Recorded Delivery 04/09/06 - Resent 02/10/06 because Royal Mail lost it!

Statements Rec'd 09/11/06 - £2,647 in charges!

Request For Refund of Charges sent 10/11/06

Offer of £562 made by Halifax 20/11/06 - Rejected

LBA sent 22/11/06

Summons Issued 01/12/06

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I've just found the messaging feature on the Capital One website and sent them the following message:

 

I have noticed that I am being charged a fee for Payment Protection each month when I don't recall asking for this cover.

 

As such I would be grateful if you would either provide me with confirmation that I requested this or refund the full amount backdated to the opening of the account by return.

Regards,

Chris O'Brien

 

Now I may have asked them to provide this cover but unless they can provide me with proof that I requested it then I'll be asking for it back for the past 4-5 years.

 

I'm really getting a taste for this.

 

Bring it on Mr Udy! :D

Capital One - S.A.R (Subject Access Request) letter sent 09/08/06

Statements Rec'd 21/09/06 - £974 in charges!

Request For Refund of Charges sent 21/09/06

Offer of £374 made by Cap One 29/09/06 - Rejected

LBA sent 05/10/06 - Same offer made by Cap One

Summons Issued 17/11/06

 

Halifax - S.A.R. - (Subject Access Request) letter sent Recorded Delivery 04/09/06 - Resent 02/10/06 because Royal Mail lost it!

Statements Rec'd 09/11/06 - £2,647 in charges!

Request For Refund of Charges sent 10/11/06

Offer of £562 made by Halifax 20/11/06 - Rejected

LBA sent 22/11/06

Summons Issued 01/12/06

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As with a lot of other people I got a letter from Capital One yesterday confirming that they are reducing the charges to £12.

 

I also received confirmation that my DPA request was signed for at Capital One yesterday so the clock is officially ticking and I definately won't be budged from the time limits I've given them, despite any offers/threats/delays that they might make.

Capital One - S.A.R (Subject Access Request) letter sent 09/08/06

Statements Rec'd 21/09/06 - £974 in charges!

Request For Refund of Charges sent 21/09/06

Offer of £374 made by Cap One 29/09/06 - Rejected

LBA sent 05/10/06 - Same offer made by Cap One

Summons Issued 17/11/06

 

Halifax - S.A.R. - (Subject Access Request) letter sent Recorded Delivery 04/09/06 - Resent 02/10/06 because Royal Mail lost it!

Statements Rec'd 09/11/06 - £2,647 in charges!

Request For Refund of Charges sent 10/11/06

Offer of £562 made by Halifax 20/11/06 - Rejected

LBA sent 22/11/06

Summons Issued 01/12/06

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I received the following response from Capital One about the Payment Protection charge on my account.

 

Messagespacer.gifspacer.gifFrom:Sent:Fri 11 Aug 06Subject:spacer.gifPayment Protection

Thank you for contacting us about the payment protection insurance policy on your account.

 

I've passed your message onto our relevant team and they'll reply to you by secure message within the next two weeks.

 

I'm sorry that I can'tgive you an immediate answer.

 

If you need any other help, you can call us on our freephone number, 0800 952 5150. We're here 24 hours a day, 7 days a week.

 

Lee Powell

Customer Relations Manager

 

I hope they can't find any proof that I asked for this, if so they owe me approximately £125.

Capital One - S.A.R (Subject Access Request) letter sent 09/08/06

Statements Rec'd 21/09/06 - £974 in charges!

Request For Refund of Charges sent 21/09/06

Offer of £374 made by Cap One 29/09/06 - Rejected

LBA sent 05/10/06 - Same offer made by Cap One

Summons Issued 17/11/06

 

Halifax - S.A.R. - (Subject Access Request) letter sent Recorded Delivery 04/09/06 - Resent 02/10/06 because Royal Mail lost it!

Statements Rec'd 09/11/06 - £2,647 in charges!

Request For Refund of Charges sent 10/11/06

Offer of £562 made by Halifax 20/11/06 - Rejected

LBA sent 22/11/06

Summons Issued 01/12/06

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Received a letter from Katherine Blunt from the Legal Team yesterday acknowledging my SAR letter and saying that she'll send the relevant documents as soon as possible.

 

I'll leave it another week before I remind them of the 40 day deadline.

Capital One - S.A.R (Subject Access Request) letter sent 09/08/06

Statements Rec'd 21/09/06 - £974 in charges!

Request For Refund of Charges sent 21/09/06

Offer of £374 made by Cap One 29/09/06 - Rejected

LBA sent 05/10/06 - Same offer made by Cap One

Summons Issued 17/11/06

 

Halifax - S.A.R. - (Subject Access Request) letter sent Recorded Delivery 04/09/06 - Resent 02/10/06 because Royal Mail lost it!

Statements Rec'd 09/11/06 - £2,647 in charges!

Request For Refund of Charges sent 10/11/06

Offer of £562 made by Halifax 20/11/06 - Rejected

LBA sent 22/11/06

Summons Issued 01/12/06

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  • 1 month later...

As the 40 day period for my statements to be sent expired on Monday I called Capital One to ask why they hadn't been received.

 

Unsurprisingly despite the fact I had received a letter from the Legal Department they claimed never to have received my request and said that they would "get them to me as soon as possible".

 

I have given them until this Friday before I contact the Data Protection people to lodge a formal complaint.

 

Also I requested either proof that I had requested Payment Protection Insurance or a full refund of the payments taken.

 

They said that this information had been sent to me 2 weeks ago so they'll have to resend it to me.

Capital One - S.A.R (Subject Access Request) letter sent 09/08/06

Statements Rec'd 21/09/06 - £974 in charges!

Request For Refund of Charges sent 21/09/06

Offer of £374 made by Cap One 29/09/06 - Rejected

LBA sent 05/10/06 - Same offer made by Cap One

Summons Issued 17/11/06

 

Halifax - S.A.R. - (Subject Access Request) letter sent Recorded Delivery 04/09/06 - Resent 02/10/06 because Royal Mail lost it!

Statements Rec'd 09/11/06 - £2,647 in charges!

Request For Refund of Charges sent 10/11/06

Offer of £562 made by Halifax 20/11/06 - Rejected

LBA sent 22/11/06

Summons Issued 01/12/06

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Statements received by Special Delivery this morning.

 

After combing through it all I'm really shocked to find that they have taken £954 in charges from me since I opened my account in 2001.

 

If nothing else this is teaching me to be far more sensible with my finances and less passive when dealing with financial organisations.

 

There is also a single £20 charge for a returned chequr fee that I haven't included in the above total.

 

Does anyone know if returned cheque fees are claimable?

 

I'm not too bothered about that solitary fee in all honesty as I reckon £954 is enough to be getting on with!

Capital One - S.A.R (Subject Access Request) letter sent 09/08/06

Statements Rec'd 21/09/06 - £974 in charges!

Request For Refund of Charges sent 21/09/06

Offer of £374 made by Cap One 29/09/06 - Rejected

LBA sent 05/10/06 - Same offer made by Cap One

Summons Issued 17/11/06

 

Halifax - S.A.R. - (Subject Access Request) letter sent Recorded Delivery 04/09/06 - Resent 02/10/06 because Royal Mail lost it!

Statements Rec'd 09/11/06 - £2,647 in charges!

Request For Refund of Charges sent 10/11/06

Offer of £562 made by Halifax 20/11/06 - Rejected

LBA sent 22/11/06

Summons Issued 01/12/06

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Thanks for the response, I'll add it to my claim.

Capital One - S.A.R (Subject Access Request) letter sent 09/08/06

Statements Rec'd 21/09/06 - £974 in charges!

Request For Refund of Charges sent 21/09/06

Offer of £374 made by Cap One 29/09/06 - Rejected

LBA sent 05/10/06 - Same offer made by Cap One

Summons Issued 17/11/06

 

Halifax - S.A.R. - (Subject Access Request) letter sent Recorded Delivery 04/09/06 - Resent 02/10/06 because Royal Mail lost it!

Statements Rec'd 09/11/06 - £2,647 in charges!

Request For Refund of Charges sent 10/11/06

Offer of £562 made by Halifax 20/11/06 - Rejected

LBA sent 22/11/06

Summons Issued 01/12/06

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Request For Repayment of Charges letter sent.

Capital One - S.A.R (Subject Access Request) letter sent 09/08/06

Statements Rec'd 21/09/06 - £974 in charges!

Request For Refund of Charges sent 21/09/06

Offer of £374 made by Cap One 29/09/06 - Rejected

LBA sent 05/10/06 - Same offer made by Cap One

Summons Issued 17/11/06

 

Halifax - S.A.R. - (Subject Access Request) letter sent Recorded Delivery 04/09/06 - Resent 02/10/06 because Royal Mail lost it!

Statements Rec'd 09/11/06 - £2,647 in charges!

Request For Refund of Charges sent 10/11/06

Offer of £562 made by Halifax 20/11/06 - Rejected

LBA sent 22/11/06

Summons Issued 01/12/06

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  • 2 weeks later...

I arrived home last night to a letter from Cap One offering £374 in full & final settlement, however no cheque was enclosed just a form that I needed to sign accepting the offer which would be followed by a cheque.

 

My LBA is due to be issued today so I'll just modify it slightly to say thanks but no thanks.

Capital One - S.A.R (Subject Access Request) letter sent 09/08/06

Statements Rec'd 21/09/06 - £974 in charges!

Request For Refund of Charges sent 21/09/06

Offer of £374 made by Cap One 29/09/06 - Rejected

LBA sent 05/10/06 - Same offer made by Cap One

Summons Issued 17/11/06

 

Halifax - S.A.R. - (Subject Access Request) letter sent Recorded Delivery 04/09/06 - Resent 02/10/06 because Royal Mail lost it!

Statements Rec'd 09/11/06 - £2,647 in charges!

Request For Refund of Charges sent 10/11/06

Offer of £562 made by Halifax 20/11/06 - Rejected

LBA sent 22/11/06

Summons Issued 01/12/06

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I have stated that I'll be claiming the interest back and that it was already over £200, although this was statutory interest.

 

What rate would contractual interest be as I won't be sending the LBA until 4pm today anyway?

Capital One - S.A.R (Subject Access Request) letter sent 09/08/06

Statements Rec'd 21/09/06 - £974 in charges!

Request For Refund of Charges sent 21/09/06

Offer of £374 made by Cap One 29/09/06 - Rejected

LBA sent 05/10/06 - Same offer made by Cap One

Summons Issued 17/11/06

 

Halifax - S.A.R. - (Subject Access Request) letter sent Recorded Delivery 04/09/06 - Resent 02/10/06 because Royal Mail lost it!

Statements Rec'd 09/11/06 - £2,647 in charges!

Request For Refund of Charges sent 10/11/06

Offer of £562 made by Halifax 20/11/06 - Rejected

LBA sent 22/11/06

Summons Issued 01/12/06

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I have stated that I'll be claiming the interest back and that it was already over £200, although this was statutory interest.

 

What rate would contractual interest be as I won't be sending the LBA until 4pm today anyway?

 

Have a look at the "why is no one claiming the contractual rate of interest" thread. I know it is huge but, it is still well worth a read. I think that as reciprocity is the crux of the argument then, you can charge them whatever their current rate is which in Cap Ones case is high. There are spreadsheets kindly prepared by vampiress and as you will see towards the end of the thread there have already been successes in claiming this rate.

 

Hope this helps

 

Sarah

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I guess it makes sense but I'm not actually sure of what interest rate I'm being charged by Cap One.

 

I'm not sure if it would be better to send the LBA today with statutory interest or wait and send it with contractual interest.

 

Any ideas?

Capital One - S.A.R (Subject Access Request) letter sent 09/08/06

Statements Rec'd 21/09/06 - £974 in charges!

Request For Refund of Charges sent 21/09/06

Offer of £374 made by Cap One 29/09/06 - Rejected

LBA sent 05/10/06 - Same offer made by Cap One

Summons Issued 17/11/06

 

Halifax - S.A.R. - (Subject Access Request) letter sent Recorded Delivery 04/09/06 - Resent 02/10/06 because Royal Mail lost it!

Statements Rec'd 09/11/06 - £2,647 in charges!

Request For Refund of Charges sent 10/11/06

Offer of £562 made by Halifax 20/11/06 - Rejected

LBA sent 22/11/06

Summons Issued 01/12/06

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According to their own website- their "classic" card carries an APR of 34.9% !!! They have just put it up -wonder why?

 

It is up to you of course but, I am going to try for contractual with mine from now on. The only reason I didn't with the claim I have already been successful with is because it would have taken me over 5k but, it is your call.

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  • 2 weeks later...

Well, Capital One have until tomorrow to give me a full refund otherwise it's a claim through MCOL.

 

I'm a bit pee'd off as I was hoping that I wouldn't have to mess around with a claim but I won't let that put me off.

 

I'm away on Friday so they have until Monday before I can issue (I won't be telling them that though!)

 

Best of luck to everyone else claiming their money back.

Capital One - S.A.R (Subject Access Request) letter sent 09/08/06

Statements Rec'd 21/09/06 - £974 in charges!

Request For Refund of Charges sent 21/09/06

Offer of £374 made by Cap One 29/09/06 - Rejected

LBA sent 05/10/06 - Same offer made by Cap One

Summons Issued 17/11/06

 

Halifax - S.A.R. - (Subject Access Request) letter sent Recorded Delivery 04/09/06 - Resent 02/10/06 because Royal Mail lost it!

Statements Rec'd 09/11/06 - £2,647 in charges!

Request For Refund of Charges sent 10/11/06

Offer of £562 made by Halifax 20/11/06 - Rejected

LBA sent 22/11/06

Summons Issued 01/12/06

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I got home last night to a letter from Mr Udy again offering partial settlement so it looks as though the MCOL claim will be issued on Monday.

 

Oh well, if they want to pay an extra £200+ in interest plus my costs then that's up to them!

Capital One - S.A.R (Subject Access Request) letter sent 09/08/06

Statements Rec'd 21/09/06 - £974 in charges!

Request For Refund of Charges sent 21/09/06

Offer of £374 made by Cap One 29/09/06 - Rejected

LBA sent 05/10/06 - Same offer made by Cap One

Summons Issued 17/11/06

 

Halifax - S.A.R. - (Subject Access Request) letter sent Recorded Delivery 04/09/06 - Resent 02/10/06 because Royal Mail lost it!

Statements Rec'd 09/11/06 - £2,647 in charges!

Request For Refund of Charges sent 10/11/06

Offer of £562 made by Halifax 20/11/06 - Rejected

LBA sent 22/11/06

Summons Issued 01/12/06

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Just read your thread, did you get anywhere with reclaiming the PPI premiums? I asked for mine as part of my prelim letter but haven't heard from them as yet.

Co-Op

Prelim - 09/06/06 (£2052)

LBA - 26/06/06

Settled 06/07/06 :D

Smile

S.A.R - (Subject Access Request) - 03/07/06

Prelim - 23/08/06 (£3185.50)

LBA - 08/09/06

mcol - 30/09/06 - £3250.50 + £800.22 + £120

Settled 13/10/06 :D

Capital One CC

S.A.R - (Subject Access Request) - 05/09/06

Prelim - 07/10/06 (1142.90)

LBA - 25/10/06

mcol - 13/11/06 (£735+ £323.29 + £120)

Settled

A & L CC

S.A.R - (Subject Access Request) - 07/10/06

Prelim - 14/11/06 (1065.16)

Wescot

CCA - 07/10/06

Co-Op(2)

S.A.R - (Subject Access Request) - 09/10/06

BOS CC

S.A.R - (Subject Access Request) - 18/10/06

Creation

S.A.R - (Subject Access Request) - 18/10/06

Prelim - 02/11/06 (£94.61)

LBA - 17/11/06

Settled 21/11/06

Studio

S.A.R - (Subject Access Request) - 18/10/06

Prelim - 01/11/06 (£103.80)

LBA - 17/11/06

Settled 18/11/06

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It turns out that I did request it (I must have been having a young & naive moment).

 

They have stopped taking the PPI from my account now.

Capital One - S.A.R (Subject Access Request) letter sent 09/08/06

Statements Rec'd 21/09/06 - £974 in charges!

Request For Refund of Charges sent 21/09/06

Offer of £374 made by Cap One 29/09/06 - Rejected

LBA sent 05/10/06 - Same offer made by Cap One

Summons Issued 17/11/06

 

Halifax - S.A.R. - (Subject Access Request) letter sent Recorded Delivery 04/09/06 - Resent 02/10/06 because Royal Mail lost it!

Statements Rec'd 09/11/06 - £2,647 in charges!

Request For Refund of Charges sent 10/11/06

Offer of £562 made by Halifax 20/11/06 - Rejected

LBA sent 22/11/06

Summons Issued 01/12/06

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  • 5 weeks later...

For one reason or another I've only just gotten around to issuing the CCS but it's done now so I guess I'll just have to wait and see what happens.

Capital One - S.A.R (Subject Access Request) letter sent 09/08/06

Statements Rec'd 21/09/06 - £974 in charges!

Request For Refund of Charges sent 21/09/06

Offer of £374 made by Cap One 29/09/06 - Rejected

LBA sent 05/10/06 - Same offer made by Cap One

Summons Issued 17/11/06

 

Halifax - S.A.R. - (Subject Access Request) letter sent Recorded Delivery 04/09/06 - Resent 02/10/06 because Royal Mail lost it!

Statements Rec'd 09/11/06 - £2,647 in charges!

Request For Refund of Charges sent 10/11/06

Offer of £562 made by Halifax 20/11/06 - Rejected

LBA sent 22/11/06

Summons Issued 01/12/06

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  • 2 weeks later...

Received Acknowledgement of Service stating that Cap One intend to defend all of the claim.

Capital One - S.A.R (Subject Access Request) letter sent 09/08/06

Statements Rec'd 21/09/06 - £974 in charges!

Request For Refund of Charges sent 21/09/06

Offer of £374 made by Cap One 29/09/06 - Rejected

LBA sent 05/10/06 - Same offer made by Cap One

Summons Issued 17/11/06

 

Halifax - S.A.R. - (Subject Access Request) letter sent Recorded Delivery 04/09/06 - Resent 02/10/06 because Royal Mail lost it!

Statements Rec'd 09/11/06 - £2,647 in charges!

Request For Refund of Charges sent 10/11/06

Offer of £562 made by Halifax 20/11/06 - Rejected

LBA sent 22/11/06

Summons Issued 01/12/06

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  • 2 weeks later...

Letter received yesterday stating that although they don't accept any monies due blah, blah, blah they are settling the claim in full.

 

God only knows why it will take them up to 14 working days to send the cheque though???

Capital One - S.A.R (Subject Access Request) letter sent 09/08/06

Statements Rec'd 21/09/06 - £974 in charges!

Request For Refund of Charges sent 21/09/06

Offer of £374 made by Cap One 29/09/06 - Rejected

LBA sent 05/10/06 - Same offer made by Cap One

Summons Issued 17/11/06

 

Halifax - S.A.R. - (Subject Access Request) letter sent Recorded Delivery 04/09/06 - Resent 02/10/06 because Royal Mail lost it!

Statements Rec'd 09/11/06 - £2,647 in charges!

Request For Refund of Charges sent 10/11/06

Offer of £562 made by Halifax 20/11/06 - Rejected

LBA sent 22/11/06

Summons Issued 01/12/06

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