Help Capital Bank Charges over £100 in one month

[Suzzybabe]

Can anyone help me with these charges! Hi,

 

I have a hire purchase agreement for car finance with Capital Bank. However I phoned to change the date the direct debit came out which meant I missed one months payment. Several days later before I had even received my Direct Debit Mandate, I received a letter stating that I now owed them an additional £50 of charges. I was outraged. When I phoned I spoke to an extremely rude individual who told me that I had to pay the missed month in full and that was that. Nothing else and if I was not going to pay the hang up the phone.

 

I complained further to the given email address, after 2 weeks of no response a further two letters arrived simultaneously threatening . Repossession, Default, and something else. Despite the fact that I am actually still paying by direct debit. Now I have received another letter, (all in the space of 4 or 5 weeks) charges now totall £100 added on to a one month missed payment.

 

I simply refuse to pay this missed payment with these ridiculous charges but they do not seem interested - what can I do, I live in Scotland and realise laws are different.

 

Any help much appreciated.

[Stevejr147]

Hi Suzzy

 

I have car finance with Captital bank and im agruing the point over unfair charges with them as well.

 

Im no expert on this but im pretty sure that if u are up to date with all your payments (ignoring the charges) they cannot charge u any further. What happend to me was I got behind in payments and got whacked with charges. My missed payment was £247 then with charges took it to over £500 and i also got the threats of defaults / car taken away etc.

 

So what I did was pay the £247 outstanding DD and disputed the charges, this put a stop to any further charges being made as they cannot charge u for charges (I think).

 

It did put a stop to any more charges being added to my account and made me sleep a little easier as it was getting out of hand, the more charges they hit me with the more difficult it became to pay the DD (Dont ya just luv banks)

[Giveitback]

Read up around here on harassment, and how to claim back the charges. Then go get them.

 

Knowledge is power, go get powerful.

[Suzzybabe]

Thanks Guys:lol:

 

I am not entering into any dialogue with these monsters as when I phone they are rude, when I email they fail to answer.

 

I will send off a cheque for the missed payment minus the charges at the weekend and see what happens next, I assume they cannot do anything further as my DD continues to be taken every month!

[buzby]

I sent Capital a SAR in July which they ignoted. I've now followed this up with a formal letter to thier Data Controller reminding they're in breach of the DPA. I had a vehicle loan that ran for 7 years, and over the period of 84 payments, some were delayed but the amount was alays paid. I moved abroad for 3 years and when their system felt a default was coming on, they'd phone me to me mobile which meant I paid roaming charges every time their automated system tried to connect. We reached an agreement that I wouldn't sue them for my phone call harassment charges, and they'd 'forget' their 'late payment' fees. After I made the final payment on the anniversary, the calls restarted - you've £X,000 outstanding to pay! In the SEVEN years they've never sent a statement or replied to any of the 25 or so letters sent. Despite me now no longer being harassed, I note that the DVLA still note Capital as having a financial interest in my vehicle. Since letters are ignored, I think the SAR and Court Action as being the only options to resolve this issue. I'm glad I'm not the only one!

[Suzzybabe]

Hi,

 

I sent of the cheque for missed payment and letter threatening action against them for harrasment and have heard nothing since. My payments continue be DD however this agreement goes on for another 3 yrs. So god knows what will happen at the end!

 

Never again! Capital Bank has to be one of the worst credit lenders in the world.

[buzby]

Yep, we live and learn. I did deman they disclose details of their predictive calling system used to harass debtors (it withholds the number) and they stopped calling. I still reported them to OFTEL (at the time).

[ExBoSGal]

I used to work for these monsters, and I couldn't agree more, they are awful. I worked in the collections department, and used their predicitve dialling system, and it's cr*p. Basically, you have no idea who you are phoning until the call has been answered at the other end. The number of times I called someone on the predictive dialler, only to be told that someone had spoken to them five minutes previously. It's ridiculous. I always thought the charges were disgustingly high as well (and have been known in the past, if I thought someone was being genuine, I would take their charges off - got me into a lot of trouble with my superiors) but you're not allowed to have a personal opinion. Leaving there was the best thing I ever did. I had to make phone calls at 8.30am on a Sunday - I loathed the place. SUE THEM. Please. Make the b******s pay.

[buzby]

I finally received a confirmation that my SAR request had been received... not from Capital Bank, but from the Halifax (at Trinity Road, Halifax). Capital was originally a division of Bank of Scotland, so clearly there's been some juggling with office facilities.

 

I'm in the unusual position of having paid Capital all the amounts due to them under the original agreement (I didn't pay by DDM!) and a month after my final payment - which was by cheque marked 'full and final settlement' - I had a call from them saying I was £1k in arreears, and a week or so later, £2k in arrears. "Bring it On!" I said - and I heard no more from them, so even if I get the SAR, my action will not be for a refund, but to get them to cancel any debt that might be showing - but they certainly never attempted to claim it, or send documentary proof of it. It'll be interesting to see how it pans out!

[Cazziebo]

Yep - all sounds familiar.

 

I missed one direct debit payment (due to horrendous bank charges that month that I didn't expect) and was charged £25. 5 days later I got another £25. Called to query the charges and was told one was for late payment and one was for notification of late payment. And yes - I got the phone call before 9am on a Sunday...

 

Anyone claimed back from them successfully? I've now paid the £50 charge and pursuing Nationwide for a lot more. Capital are so horrible to deal with I don't want any more interaction with them than necessary. At least Nationwide are courteous

[kingdom]

Hello I am taking them to court before I have paid the final seven payments of the loan as they have done nothing but levy charges at me because I missed one payment in Febuary last year.

 

They have sent two defaults, got Baliffs to threaten to take the car when they knew that if you have paid more than a third they have to have a court order to get possession of the car, they then charge you a £100 pounds for playing out their little games, knowing what they are doing is not lawful.

 

I have sent them a Data Request and it has been confirmed they have received it, they have cashed the cheque, but as yet I have heard nothing other getting a phone call from HBOS 08708503492 wanting ask silly question like what's your post code etc; told them to ask me by letter.

 

If any one can give me advice to make sure I'm going in the right direction, just one question do we treat HIre purchase agreements any different than loan agreements when they have placed large amount of charges which are not lawful.

[buzby]

I'm not aware of there being any distinction between the unfair charges levied as a result of HP or Credit, I believe the Consumer Creidt Act was wirtten in its broadest sense, and if it's unfair - it's unfair whether it was an HP agreement or not.

 

As to the calls, I went abroad for awhile but their calls - to my mobile - which ther outdial machine dropped if voicemail answered made me rack up almost £180 in charges from the mobile network. I eventually managed to get them to stop by threatening an action for this cost, and the agreement was we's carry our own costs (hence their fees and calls billed to the account would be refunded). The calls stopped, I even got a letter saying they had no telephone number on record for me so could I please give them one (as if!), but when Irequested a statement - why, all the chargest that had supposedly been wiped were there! Just as wekk I kept all the correspondence. I'll never take out an agreement for 7 years again!

 

Telephone calls were received before 10am on Sunday mornings, 9pm Wednesdays, it really didn't matter - they'd call 18x7, and because they were so intimidating, I responded in a similar manner. Clearly, they just cannot be trusted, and I know my efforts to mop up this problem will take a lot of my time. Just as well I'm going to enjoy doing it, even though I'm not actually going to see any finanacial benefit.

[jjandbump]

can i calim the charges whilst i still have an agreement or will they endthe agrrement and can they do this, ??